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Full-Text Articles in Law
Threshold Liberty, Dawinder S. Sidhu
Threshold Liberty, Dawinder S. Sidhu
Faculty Scholarship
To ensure that the Thirteenth Amendment has modern application in a manner consistent with these important constitutional considerations and these cases, the Amendment should no longer be interpreted to prohibit the “badges and incidents” of slavery, a non-textual category of harms that is virtually limitless in scope and is therefore virtually limitless as a source of congressional action. Instead, drawing from the Amendment’s textual prohibitions against “slavery” and “involuntary servitude,” direct or functional limitations on physical mobility should be the touchstone for the enforcement power moving forward. To justify this proposal, this Article summarizes the Supreme Court’s Thirteenth Amendment jurisprudence, …
Racial Mirroring, Dawinder S. Sidhu
Racial Mirroring, Dawinder S. Sidhu
Faculty Scholarship
“Racial mirroring” refers to efforts by one group to match the primary racial composition of another group. In contrast to racial balancing, which takes place when two groups are adjusted simultaneously to achieve a desired degree of racial equilibrium between them, racial mirroring occurs when the racial makeup of one group is adjusted so as to reflect the predominant racial identity of the second group. Employers and even federal courts engage in racial mirroring. For example, in order to generate trust among customers, employers have hired or promoted individuals of the same race as the employers’ primary customer base. Further, …
Fairly Assessing Risk And Recidivism, Dawinder S. Sidhu
Fairly Assessing Risk And Recidivism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
The Sikh's Public Relations Problem, Dawinder S. Sidhu
The Sikh's Public Relations Problem, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Segregating Workplaces By Religion, Dawinder S. Sidhu
Segregating Workplaces By Religion, Dawinder S. Sidhu
Faculty Scholarship
Many employers use dress codes to keep visibly religious employees out of sight. Now, the Supreme Court has a chance to end the practice.
Obama's Looming Legal Trap In Afghanistan, Dawinder S. Sidhu
Obama's Looming Legal Trap In Afghanistan, Dawinder S. Sidhu
Faculty Scholarship
The president may create another Guantanamo -- in Afghanistan. Here's why it could backfire on him in a big way.
Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu
Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Spatial Terrorism, Dawinder S. Sidhu
Spatial Terrorism, Dawinder S. Sidhu
Faculty Scholarship
Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated, fluid population, …
Moneyball Sentencing, Dawinder S. Sidhu
Moneyball Sentencing, Dawinder S. Sidhu
Faculty Scholarship
Sentencing is a backward- and forward-looking enterprise. That is, sen-tencing is informed by an individual’s past conduct as well as by the criminal jus-tice system’s prediction of the individual’s future criminal conduct. Increasingly, the criminal justice system is making these predictions on an actuarial basis, computing the individual’s risk of recidivism according to the rates of recidivism for people possessing the same group characteristics (e.g., race, sex, socio-economic status, education). The sentencing community is drawn to this statisti-cal technique because it purportedly distinguishes with greater accuracy the high-risk from the low-risk, and thereby allows for a more efficient allocation of …