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Articles 1 - 30 of 60
Full-Text Articles in Law
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
Faculty Scholarship
Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.
This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Indiana Journal of Law and Social Equality
“[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” - Justice Anthony Kennedy, Lawrence v. Texas (2003)
This Note will first focus on a historical analysis of originalist constitutional interpretation, drawing attention to initial disparities in the Constitution incompatible with our current social context. It will discuss modern originalism as a method of perpetuating systemic shortcomings, drawing specific attention to originalist interpretation as a method of oppression against white women and people of color, specifically Black women. In analyzing the harm originalism does to …
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
American University Journal of Gender, Social Policy & the Law
In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson
Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson
Indiana Law Journal
This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.
Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme Court …
The White Supremacist Constitution, Ruth Colker
The White Supremacist Constitution, Ruth Colker
Utah Law Review
The United States Constitution is a document that, during every era, has helped further white supremacy. White supremacy constitutes a “political, economic and cultural system in which whites overwhelmingly control power and material resources, conscious and unconscious ideas of white superiority and entitlement are widespread, and relations of white dominance and non-white subordination are daily reenacted across a broad array of institutions and social settings.”1 Rather than understand the Constitution as a force for progressive structural change, we should understand it as a barrier to change.
From its inception, the Constitution enshrined slavery and the degradation of Black people by …
Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez
Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez
The Scholar: St. Mary's Law Review on Race and Social Justice
As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.
This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.
According to the Fifth …
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon
Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon
St. John's Law Review
(Excerpt)
Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing in thirty-six years, …
Reparations And The International Law Origin Story, John Linarelli
Reparations And The International Law Origin Story, John Linarelli
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
Utah Law Review
The tumultuous summer of 2020 opened the eyes of many Americans, leading to a general consensus on one issue—racism still exists. This Article offers a new descriptive account of America’s history that can contextualize the zeitgeist of racial politics. It argues that the Founding Fathers created a national civil religion based on racism when they compromised on the issue of slavery in the creation of the Constitution. This religion, called the Religion of Race, is built on a belief system where whiteness is sacred and Blackness is profane. The sacred text is the Constitution, and it is interpreted by the …
Amending A Racist Constitution, William J. Aceves
Amending A Racist Constitution, William J. Aceves
Faculty Scholarship
Ours is a racist Constitution. Despite its soaring language, it was founded on slavery and a commitment to racial inequality. This vision is etched in the constitutional text, from the notorious Three-Fifths Clause to the equally repugnant Fugitive Slave Clause. And despite the Civil War and the Reconstruction Amendments, the Constitution retains these vestiges of slavery in its fabric. After 230 years, it is time to remove these troubling provisions from the Constitution. This Essay offers a radical departure from prior constitutional practice. Instead of appending yet another amendment that would simply require readers to ignore the offending language, this …
Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson
Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson
Faculty Scholarship
Noah Kazis’s important article, Fair Housing for a Non-sexist City, shows how law shapes the contours of neighborhoods and embeds forms of inequality, and how fair housing law can provide a remedy. Kazis surfaces two dimensions of housing that generate inequality and that are sometimes invisible. Kazis highlights the role of planning and design rules – the seemingly identity-neutral zoning, code enforcement, and land-use decisions that act as a form of law. Kazis also reveals how gendered norms underlie those rules and policies. These aspects of Kazis’s project link to commentary on the often invisible, gendered norms that shape …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur
Journal of Race, Gender, and Ethnicity
No abstract provided.
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
Symbolism And The Thirteenth Amendment: The Injury Of Exposure To Governmentally Endorsed Symbols Of Racial Superiority, Edward H. Kyle
Symbolism And The Thirteenth Amendment: The Injury Of Exposure To Governmentally Endorsed Symbols Of Racial Superiority, Edward H. Kyle
Michigan Journal of Race and Law
One of the debates often encountered by native southerners centers around our historical symbols. There are heated opinions on both sides of the issue as to what these symbols mean and whether they should be allowed to be displayed. The latter question has begun making its way into the courts, with many southern symbols and memorials being accused of promoting the philosophy of racial supremacy. Despite the growing public concern, modern courts refuse to rule on the question. They claim they are forestalled by Article III’s standing requirement that plaintiffs must have suffered a concrete injury in fact. They state …
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Marquette Law Review
None
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
Marquette Law Review
None
The New Impartial Jury Mandate, Richard Lorren Jolly
The New Impartial Jury Mandate, Richard Lorren Jolly
Michigan Law Review
Impartiality is the cornerstone of the Constitution’s jury trial protections. Courts have historically treated impartiality as procedural in nature, meaning that the Constitution requires certain prophylactic procedures that secure a jury that is more likely to reach verdicts impartially. But in Peña- Rodriguez v. Colorado, 137 S. Ct. 855 (2017), the Supreme Court recognized for the first time an enforceable, substantive component to the mandate. There, the Court held that criminal litigants have a Sixth Amendment right to jury decisions made without reliance on extreme bias, specifically on the basis of race or national origin. The Court did not …
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
Race And The Law, Cassandra Conover
Race And The Law, Cassandra Conover
University of Richmond Law Review
No abstract provided.
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Introduction To Feminist Judgments: Rewritten Tax Opinions, Anthony C. Infanti, Bridget J. Crawford
Introduction To Feminist Judgments: Rewritten Tax Opinions, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Could a feminist perspective change the shape of the tax law? Most people understand that feminist reasoning has tremendous potential to affect, for example, the law of employment discrimination, sexual harassment, and reproductive rights. Few people may be aware, however, that feminist analysis can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on the reading and interpretation of statutes, Feminist Judgments: Rewritten Tax Opinions shows what a difference feminist analysis can make to statutory interpretation. This volume, part of the Feminist Judgments Series, brings …