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Full-Text Articles in Law

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson Jul 2019

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …


Racial Indirection, Yuvraj Joshi Jun 2019

Racial Indirection, Yuvraj Joshi

Faculty Scholarship

No abstract provided.


Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto May 2019

Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto

Journal of Law and Policy

Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn’t we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . . . 32% is the federal recidivism rate. 19%? 19% is the recidivism rate of defendants tried and sentenced in your court, Judge Barish. It’s one of the lowest in the Southern District. 34%? That’s the recidivism rate of EVALUATE, higher than the national average, 15 points behind you.


Got Mylk?: The Disruptive Possibilities Of Plant Milk, Iselin Gambert May 2019

Got Mylk?: The Disruptive Possibilities Of Plant Milk, Iselin Gambert

Brooklyn Law Review

Milk is one of the most ubiquitous and heavily regulated substances on the planet—and perhaps one of the most contested. It is tied closely to notions of purity, health, and femininity, and is seen as so central to human civilization that our own galaxy—the Milky Way—is named after it. But despite its wholesome reputation, milk has long had a sinister side, being bound up with the exploitation of the (human and nonhuman) bodies it comes from and being a symbol of and tool for white dominance and superiority. The word itself, in verb form, means “to exploit.” It is also …


Afrofuturism, Critical Race Theory, And Policing In The Year 2044, I. Bennett Capers Apr 2019

Afrofuturism, Critical Race Theory, And Policing In The Year 2044, I. Bennett Capers

Faculty Scholarship

No abstract provided.


A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee Jan 2019

A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee

Brooklyn Law Review

Through the power of eminent domain, President Donald Trump is seeking to take properties owned by private landowners and Native American tribes, including people’s homes and businesses, to build a continuous physical wall along the two thousand-mile border between the United States and Mexico. He has even partially shut down the government for the longest period in history in order to pressure Congress to fund his wall. Substantial evidence suggests that this massive government condemnation scheme will not effectuate Trump’s primary purpose: to stop illegal immigration. If Trump succeeds, then potentially thousands of people from all racial backgrounds will lose …