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Full-Text Articles in Law

Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays Jul 2022

Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays

Nevada Supreme Court Summaries

The Nevada Supreme Court considered whether the district court erroneously dismissed the rights deprivation claims of the appellant, an incarcerated individual, on procedural grounds. The Court held that the lower court erred in dismissing the appellant’s claims with prejudice under NRCP 12(b)(5) when he had pleaded facts sufficient to place the respondents on notice of the nature of the claim and relief sought, in accordance with Nevada’s notice-pleading standard. The Court also held that the lower court erred in dismissing the appellant’s complaint with prejudice, without granting leave to amend to resolve the deficiencies in ...


Trading Places Or Changing Spaces? At The Crossroads Of Defining And Redressing Segregation, Melvin J. Kelley Iv Jul 2022

Trading Places Or Changing Spaces? At The Crossroads Of Defining And Redressing Segregation, Melvin J. Kelley Iv

Connecticut Law Review

Segregation rates have remained stagnant in many regions of the United States since the passage of the federal Fair Housing Act (FHA) in 1968 and experts expect them to increase in large metropolitan areas. Consequently, poor Blacks will be subjected to the extreme deprivation of group life chances that characterize racially and economically segregated environments. The global pandemic has only further exacerbated these dire circumstances. While severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) may not discriminate, housing, healthcare, criminal, and economic policies have, rendering impoverished communities of color particularly vulnerable to the ravages of the coronavirus disease 2019 (COVID-19).

The ...


Color Of Creatorship - Author's Response, Anjali Vats Jul 2022

Color Of Creatorship - Author's Response, Anjali Vats

Articles

This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.


The Crt Of Black Lives Matter, Angela Onwuachi-Willig Jul 2022

The Crt Of Black Lives Matter, Angela Onwuachi-Willig

Faculty Scholarship

Critical Race Theory ("CR T"), or at least its principles, stands at the core of most prominent social movements of today-from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact, Critical Race Theorists have long defined CRT itself as a movement, one that has not only provided theoretical interventions regarding the relationship between race, racism, power, and the law, but that has also encouraged and, in fact, inspired and guided social movements ...


Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink Jul 2022

Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink

Faculty Scholarship

Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021 ...


Roadmap For Anti-Racism: First Unwind The War On Drugs Now, André Douglas Pond Cummings, Steven A. Ramirez Jun 2022

Roadmap For Anti-Racism: First Unwind The War On Drugs Now, André Douglas Pond Cummings, Steven A. Ramirez

Faculty Scholarship

The War on Drugs (WOD) transmogrified into a war on communities of color early in its history, and its impact has devastated communities of color first and foremost. People of color disproportionately suffer incarceration in the WOD even though people of color use illegal narcotics at substantially lower rates than white Americans. As a result, the WOD led to mass incarceration of people of color at many times the rate of white Americans. Indeed, as a stark illustration of the power of race in America, even after Illinois and Colorado legalized cannabis, over-policing in communities of color resulted in a ...


Race And Washington’S Criminal Justice System: 2022 Recommendations To Criminal Justice Stakeholders In Washington [Draft], Task Force 2.0: Race And The Criminal Justice System Jun 2022

Race And Washington’S Criminal Justice System: 2022 Recommendations To Criminal Justice Stakeholders In Washington [Draft], Task Force 2.0: Race And The Criminal Justice System

Fred T. Korematsu Center for Law and Equality

Race and Washington’s Criminal Justice System: 2022 Recommendations to Criminal Justice Stakeholders in Washington [DRAFT]


Redemption Localism, Daniel Farbman Jun 2022

Redemption Localism, Daniel Farbman

Boston College Law School Faculty Papers

In the decades after the end of the Civil War, avowed white supremacists across the South sought to “redeem” their state and county governments from the clutches of the hated “radicals” who had taken control during Reconstruction. These Redeemers developed an approach to local power and local control that served their broader political goal of reestablishing white supremacist rule. In their effort to ensure that white citizens were not subjected to “negro rule,” they developed a “Redemption Localism” that consistently sought to limit local power, curtail local democracy, and defund or eliminate local services. This Article tells the story of ...


The Pathological Whiteness Of Prosecution, India Thusi Jun 2022

The Pathological Whiteness Of Prosecution, India Thusi

Articles by Maurer Faculty

Criminal law scholarship suffers from a Whiteness problem. While scholars appear to be increasingly concerned with the racial disparities within the criminal legal system, the scholarship’s focus tends to be on the marginalized communities and the various discriminatory outcomes they experience as a result of the system. Scholars frequently mention racial bias in the criminal legal system and mass incarceration, the lexical descendent of overcriminalization. However, the scholarship often fails to consider the roles Whiteness and White supremacy play as the underlying logics and norms driving much of the bias in the system.

This Article examines the ways that ...


Discrimination On Wheels: How Big Data Uses License Plate Surveillance To Put The Brakes On Disadvantaged Drivers, Nicole K. Mcconlogue May 2022

Discrimination On Wheels: How Big Data Uses License Plate Surveillance To Put The Brakes On Disadvantaged Drivers, Nicole K. Mcconlogue

Law Faculty Scholarship

As scholarly discourse increasingly raises concerns about the negative societal effects of “fintech,” “dirty data,” and “technochauvinism,” a growing technology provides an instructive illustration of all three of these problems. Surveillance software companies are using automated license plate reader (ALPR) technology to develop predictive analytical tools. In turn, software companies market those tools to auto financers and insurers as a risk assessment input to evaluate consumers seeking to buy a car. Proponents of this technology might argue that more information about consumer travel habits will result in more accurate and individualized risk predictions, potentially increasing vehicle ownership among marginalized groups ...


And A Public Defender For All, Sara Mayeux May 2022

And A Public Defender For All, Sara Mayeux

Vanderbilt Law School Faculty Publications

The Senate confirmation of Ketanji Brown Jackson to the Supreme Court last week means that she is soon to be the first Supreme Court justice with prior experience as a federal public defender. This is historic in its own right, though it is not quite as surprising on closer inspection, since the institution of the federal public defender — in its currently prevailing organizational particulars, anyway — dates back only to the 1970s. Still, given that several of the justices previously worked as federal prosecutors, Jackson’s confirmation injects a welcome measure of professional balance to the lineup. Moreover, Jackson can rightfully ...


Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law May 2022

Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Inadequate Healthcare, Inadequate Recovery: Exploring The Challenges Of Compensating Pregnant Inmates Deprived Of Adequate Healthcare At State Prisons, Katherine Mckeon May 2022

Inadequate Healthcare, Inadequate Recovery: Exploring The Challenges Of Compensating Pregnant Inmates Deprived Of Adequate Healthcare At State Prisons, Katherine Mckeon

Connecticut Law Review

Prenatal healthcare services available to pregnant inmates in state prisons are wholly inadequate. Despite the glaring shortcomings of state prisons’ healthcare services, there has still only been limited attention paid to rectifying the problem. This lack of attention is problematic for many reasons, but especially because the number of women in prisons has increased in recent decades and inmates who are pregnant when they arrive to prison face conditions that risk extreme health condition.

Not only are pregnant inmates subjected to inadequate healthcare services, but they also have very few legal remedies available to them when they have been deprived ...


Qualified Immunity, Sovereign Immunity, And Systemic Reform, Katherine Mims Crocker May 2022

Qualified Immunity, Sovereign Immunity, And Systemic Reform, Katherine Mims Crocker

Faculty Publications

Qualified immunity has become a central target of the movement for police reform and racial justice since George Floyd’s murder. And rightly so. Qualified immunity, which shields government officials from damages for constitutional violations even in many egregious cases, should have no place in federal law. But in critical respects, qualified immunity has become too much a focus of the conversation about constitutional-enforcement reform. The recent reappraisal offers unique opportunities to explore deeper problems and seek deeper solutions.

This Article argues that the public and policymakers should reconsider other aspects of the constitutional-tort system—especially sovereign immunity and related ...


Pov: Why The Crown Act Is Needed, Angela Onwuachi-Willig Apr 2022

Pov: Why The Crown Act Is Needed, Angela Onwuachi-Willig

Shorter Faculty Works

Imagine, for one minute, that we live in an alternate universe where employer and school grooming policies that ban “unprofessional” or “faddish” hairstyles are routinely employed as a reason for firing, or refusing to hire, individuals with naturally straight hair. The normative standard for hair in this alternate universe is tightly coiled, curly hair—the kind of hair texture that actors like Denzel Washington or Issa Rae are born with, hair texture that is best suited for natural and protective hairstyles like locs, twists, braids, and Bantu knots.


Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden Apr 2022

Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rewriting Whren V. United States, Jonathan Feingold, Devon Carbado Apr 2022

Rewriting Whren V. United States, Jonathan Feingold, Devon Carbado

Faculty Scholarship

In 1996, the U.S. Supreme Court decided Whren v. United States—a unanimous opinion in which the Court effectively constitutionalized racial profiling. Despite its enduring consequences, Whren remains good law today. This Article rewrites the opinion. We do so, in part, to demonstrate how one might incorporate racial justice concerns into Fourth Amendment jurisprudence, a body of law that has long elided and marginalized the racialized dimensions of policing. A separate aim is to reveal the “false necessity” of the Whren outcome. The fact that Whren was unanimous, and that even progressive Justices signed on, might lead one to ...


18th Annual Diversity Symposium Dinner, Roger Williams University School Of Law Apr 2022

18th Annual Diversity Symposium Dinner, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Free Speech On Social Media: Unrestricted Or Regulated?, Alessandra Garcia Guevara Apr 2022

Free Speech On Social Media: Unrestricted Or Regulated?, Alessandra Garcia Guevara

Student Writing

Social media has evolved into an essential mode of communication in recent years, allowing people to express their thoughts with the audience of their choice by sending private messages, posting their thoughts, or sharing their opinions. Such audiences can come from all over the world because this online technology breaks down geographic, linguistic, and cultural barriers. As a result, social media has evolved into a powerful tool for self-expression, allowing anyone with an Internet connection to participate in global debates. However, its misuse has had disastrous consequences in the real world, such as the attack on the Capitol that occurred ...


Judicial Solidarity?, Daniel Farbman Apr 2022

Judicial Solidarity?, Daniel Farbman

Boston College Law School Faculty Papers

We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our consensus that legality and morality are aligned. In this moment, the visibility and viability of resistance to law and civil government through social movements have surged. With the increasing salience of civil resistance resurfaces an ...


Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van Apr 2022

Sheriffs, State Troopers, And The Spillover Effects Of Immigration Policing, Huyen Pham, Pham Hoang Van

Faculty Scholarship

As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program has broader negative effects on policing behavior than previously identified. To date, debate about the 287(g) program has focused exclusively on the policing behavior of law enforcement agencies like sheriff’s offices that sign the agreements, and on concerns that these signatory local enforcement agencies (“LEAs”) engage in racial profiling. Our research shows that the agreements also negatively affect the behavior of nearby, nonsignatory law enforcement agencies. Using ...


Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd Clark, Caleb Gregory Conrad, Amy Dunn Johnson Mar 2022

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd Clark, Caleb Gregory Conrad, Amy Dunn Johnson

Faculty Scholarship

The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (“ACEs”) represent the “single greatest unaddressed public health threat facing our nation today” according to Dr. Robert Block, former President of the American Academy of Pediatrics.

ACEs are traumatic events that occur in early childhood, which can range from abuse and neglect to experiences derived from household and community dysfunction, such as losing a caregiver, being incarcerated, or living with a household member suffering from mental illness ...


Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert Mar 2022

Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert

Testimony

The U.S. House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties issued the following testimony by Alexander A. Reinert, professor of litigation and advocacy at Benjamin N. Cardozo School of Law, involving a hearing on March 31, 2022, entitled "Examining Civil Rights Litigation Reform, Part 1: Qualified Immunity."


A Policy Brief On The Civil Rights Act Of 1964 In The Pubh 5110, Kendra L. Yokley Mar 2022

A Policy Brief On The Civil Rights Act Of 1964 In The Pubh 5110, Kendra L. Yokley

Student Research

No abstract provided.


An Institute Of One's Own: Polly Bunting's "Messy Experiment" Of Helping Women Navigate Work-Family Conflict, Linda C. Mcclain Mar 2022

An Institute Of One's Own: Polly Bunting's "Messy Experiment" Of Helping Women Navigate Work-Family Conflict, Linda C. Mcclain

Shorter Faculty Works

Maggie Doherty, The Equivalents: A Story of Art, Female Friendship, and Liberation in the 1960s (2021).

In 1960, Mary (“Polly”) Ingraham Bunting, newly-appointed President of Radcliffe College, wrote an essay for The New York Times Magazine to encourage applications to the new Radcliffe Institute for Independent Study. In the essay, Bunting connected the Institute’s goal of ending the “waste of highly talented, educated womanpower” to helping women as well as to better realizing America’s “heritage” and “aspirations.” The Institute would help “intellectually displaced women”—mothers whose homemaking and childcare responsibilities had interrupted their careers—get back on track ...


Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, Michael M. Bowden Mar 2022

Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law Mar 2022

The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: 'Why I Know Anti-Blackness Doesn't Define Ketanji Brown Jackson' 03-22-2022, Brooklyn Crockton Mar 2022

Law School News: 'Why I Know Anti-Blackness Doesn't Define Ketanji Brown Jackson' 03-22-2022, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.


Thurgood Marshall Memorial Lecture Series: "A Roadmap To Educational Excellence And Equity For Rhode Island 03-03-2022, Roger Williams University School Of Law Mar 2022

Thurgood Marshall Memorial Lecture Series: "A Roadmap To Educational Excellence And Equity For Rhode Island 03-03-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Random Justice, Girardeau A. Spann Mar 2022

Random Justice, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation’s history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the interests of nonwhites in order to advance the interests of Whites. In the present moment of heightened cultural sensitivity to structural discrimination and implicit bias, it would make sense to use affirmative action to help remedy the racially disparate distribution of societal resources that has been produced ...