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The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin Jan 2021

The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin

Journal Publications

The Brandy Creek community is a working class, Black neighborhood located just east of I-95, south of Weldon, North Carolina.' In 2005, this rural neighborhood and its surrounding land were legislatively annexed into the city of Roanoke Rapids as part of a planned economic development project. The decision to pursue legislative annexation allowed city officials to bypass the statutory notice and municipal service requirements of a city-initiated, involuntary annexation. Residents were never informed of Roanoke Rapids' intent to annex the community and had no opportunity to voice their opinions on the issue to town officials. In fact, the community first ...


Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page Jan 2021

Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page

Journal Publications

We have come a mighty long way in our criminal justice system. We have gone from a period of time when people of African descent were not considered humans and were deliberately excluded from serving on jury panels to seeing Black judges, defense attorneys and prosecuting attorneys taking part in selecting more diverse juries. Progress has been made, but how far have we really journeyed, and are the vestiges of racial animus and discrimination from the Jim Crow era truly eradicated? One need not look further than the current criminal trial we are witnessing of former Minneapolis police officer Derek ...


Historically Black Colleges & Universities: A Model For American Education, Jennifer M. Smith Jan 2021

Historically Black Colleges & Universities: A Model For American Education, Jennifer M. Smith

Journal Publications

Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery officially ended. Having been starved of the opportunity to learn to read or write, the recently emancipated Blacks were eager to learn. Within a year after slavery ended, however, Florida and other Southern states enacted laws to ensure the continuation of the vestiges of slavery in the United States. The legacy of slavery and racism evolved into an ...


North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin Jan 2020

North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin

Journal Publications

In 2014, community advocates in Charlotte, North Carolina, began organizing to press the city to amend its antidiscrimination ordinance to add several new protected classes, including sexual orientation, gender identity, and gender expression. After a contentious hearing where opponents argued that the change-which would allow transgender people to use public restrooms according to their gender identity-would subject women and children to "sexual predators," the city council voted down the amendment. Undaunted, advocates worked over the next several months to elect new council members and a mayor who supported LGBTQ rights. The amendments to the civil rights ordinance were then brought ...


Professional Women Subjugated By Name-Calling And Character Attacks, Maritza I. Reyes Jan 2020

Professional Women Subjugated By Name-Calling And Character Attacks, Maritza I. Reyes

Journal Publications

The #MeToo Movement reminds us that women can begin movements through individual action. The #MeToo Movement also confirms that we are still dealing with the same old strategies that keep women in subjugated spaces, including in our workplaces. This Article analyzes how name-calling and character attacks continue to be used to put professional women in a gendered place. These strategies were used to defeat Hillary Clinton in her efforts to become the first female president of the United States. If we do not challenge their destructive effect, professional women will continue to be expected to put up with conduct that ...


Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams Jan 2020

Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams

Journal Publications

Atlantic Coast Pipeline, LLC, proposed construction of a natural gas pipeline stretching from West Virginia to North Carolina. The route approved by the Federal Energy Regulatory Commission included a section running across National Forest System land, including the point at which the pipeline would cross the Appalachian National Scenic Trail (ANST). After initial objections, the U.S. Forest Service reversed course and issued the needed right-of-way across National Forest System lands. Environmental groups objected and a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held that the Forest Service had acted arbitrarily and capriciously ...


Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard Jan 2019

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should ...


The Pink Ghetto Pipeline: Challenges & Opportunities For Women In Legal Education, Renee N. Allen, Alicia Jackson Jan 2019

The Pink Ghetto Pipeline: Challenges & Opportunities For Women In Legal Education, Renee N. Allen, Alicia Jackson

Journal Publications

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.

The term coined for positions typically held by women is "pink ghetto." According to the Department of Labor, pink-collar-worker describes jobs ...


The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes Jan 2019

The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes

Journal Publications

If the common law serves to liberate women, everybody, including judges, should understand the role they do play and should play in the development of the common law. As a career law clerk in the federal courts, I witnessed the decision-making process inside the chambers of federal judges and in the courtrooms. I came to the conclusion that judges, more than statutory law, influence what happens to female bodies in the workplace. Litigants initially drive the common law by filing complaints. However, judicial decisions affect not only the litigants in their individual cases, they also serve as precedent for future ...


Enforcing The Right To Public Education, Areto A. Imoukuede Jan 2019

Enforcing The Right To Public Education, Areto A. Imoukuede

Journal Publications

This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.


A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court, Benjamin Priester Jan 2019

A Warrant Requirement Resurgence: The Fourth Amendment In The Roberts Court, Benjamin Priester

Journal Publications

Over many years, the United States Supreme Court has developed an extensive body of precedent interpreting and enforcing the provisions of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures by law enforcement agents conducting criminal investigations. Commonly called the "warrant requirement," one key component of this case law operates to deem some police investigatory techniques to be unconstitutional unless they are conducted pursuant to a search warrant issued in advance by a judge. The terms of the doctrine and its exceptions also authorize other investigatory actions as constitutionally permissible without a search warrant. The ...


Limiting Lessons From Property: Re-Imagining The Public Domain In The Image Of The Public Trust Doctrine, Deidre Keller Jan 2019

Limiting Lessons From Property: Re-Imagining The Public Domain In The Image Of The Public Trust Doctrine, Deidre Keller

Journal Publications

No abstract provided.


The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page Jan 2019

The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page

Journal Publications

Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty ...


Grant Of Clemency To Cyntoia Brown Highlights Deep Rooted Social Issues, Cheryl Page Jan 2019

Grant Of Clemency To Cyntoia Brown Highlights Deep Rooted Social Issues, Cheryl Page

Journal Publications

Society and our criminal justice system place a value on victims and defendants. We manifest this valuation in how we mete out punishment, how we choose who will be stopped, frisked, searched, arrested, charged, given probation, have charges dismissed and even expunged. We show the worth we place in people by the fact that 95% of elected prosecutors are white males and they have control and say over a jail and prison population that is increasingly People of Color.


The Right To Public Education And The School To Prison Pipeline, Areto A. Imoukuede Jan 2018

The Right To Public Education And The School To Prison Pipeline, Areto A. Imoukuede

Journal Publications

The school-to-prison. pipeline is a controversial concept and a disappointing reality. It refers to the draconian disciplinary "trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system-such as suspending or expelling them." Public schools are intended to primarily be institutions for public education. It is clear that serving as a pipeline to prison is not the central purpose of the public school. The purpose of public education is to provide students an opportunity to develop their capabilities and grow as individuals. Public education is intended ...


The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry Jan 2018

The Truth Of The Matter: Why The Social Contract Dictates Legal Scholar's Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry

Journal Publications

Legal scholars have filled books, treatises, magazines, journals and law reviews with various writings ranging from highly intricate and complex theses to oversimplified and homogenous explanations. In all its forms, legal scholarship has been both touted and taunted by external and internal critics throughout the years. Some suggest that legal scholarship should holistically "frame recommendations to responsible decision makers," and more specifically "help the reader understand law." Others suggest that it should be used to bring "restraint, proportion, perspective and atmosphere" into the legal landscape and society at large. Whatever its stated purpose and whether it be doctrinal, descriptive or ...


Critical Race Ip, Deidre Keller Jan 2018

Critical Race Ip, Deidre Keller

Journal Publications

In this Article, written on the heels of Race + IP 2017, a conference we co-organized with Amit Basole1 and Jessica Silbey,we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP).Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we ...


Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell Jan 2018

Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell

Journal Publications

It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity – federal habeas corpus as a postconviction remedy. By looking first at the racial context of several “landmark” criminal justice reform decisions, this Article considers how race serves as the root of the procedural due process reform that began in earnest during the Warren Court. This Article then ...


Advising 2.0: Helping Students Achieve Academic Success Through Meaningful Academic Advising, Alicia Jackson Jan 2018

Advising 2.0: Helping Students Achieve Academic Success Through Meaningful Academic Advising, Alicia Jackson

Journal Publications

It is becoming increasingly clear that current law students are seeking more wraparound support than previously provided by legal education, which begs the question, why? The answer is simple - modern law students are different and come to law school with very different expectations and experiences than students from previous years. To aid our students in achieving academic success, it is essential that we understand the complex needs of our students by first examining their previous educational experiences.

Academic advising is commonplace at institutions that serve undergraduate students. In fact, some would argue that academic advising is the cornerstone of student ...


After 40 Years Of Regional And Coordinated Ship Safety Inspections: Destination Reached Or New Point Of Departure?, Armando Graziano, Jens-Uwe Schröder-Hinrichs, Aykut I. Olçer Jan 2017

After 40 Years Of Regional And Coordinated Ship Safety Inspections: Destination Reached Or New Point Of Departure?, Armando Graziano, Jens-Uwe Schröder-Hinrichs, Aykut I. Olçer

Journal Publications

Port State Control (PSC) is the major global strategy for fighting substandard shipping since the signature of The Hague Memorandum in 1978. In the last years, the increased volume of trade, the enlarged number of main international conventions and the highlighted differences among the various Regimes have posed new challenges to the modern system of PSC, which may need to find its new course.

This paper examines the point of view of key maritime stakeholders with regard to the EU PSC regime. Elite interviews (n = 14) were conducted with subject matter experts ranging from policy makers, to industry and seafarers ...


The Big Bad Wolf: Helping Students Conquer Their Fear Of The Bar Exam Through P.A.S.S.- Preparation, Assessment, Self-Regulated Reflection, And Support, Alicia Jackson Jan 2017

The Big Bad Wolf: Helping Students Conquer Their Fear Of The Bar Exam Through P.A.S.S.- Preparation, Assessment, Self-Regulated Reflection, And Support, Alicia Jackson

Journal Publications

In light of the national decline in bar pass rates, coping with and addressing a law school’s bar passage rate is viewed by some as an insurmountable undertaking. However, I see it as an invaluable opportunity to redefine who are as law professors. Most importantly this challenge provides an opportunity for us as educators to train future attorneys to become self-aware, confident, and component to handle the challenges presented by the legal profession.

tion (“ABA”) has made it quite clear to accredited law schools and those seeking accreditation that bar passage is now a paramount factor in retaining and ...


Macra And Stark: Strange Bedfellows At The Heart Of Health Care Reform, Rebecca Olavarria Jan 2017

Macra And Stark: Strange Bedfellows At The Heart Of Health Care Reform, Rebecca Olavarria

Journal Publications

The enactment of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) was well-received by all as it repealed Medicare’s Sustainable Growth Rate and, in its place, mandates the implementation of a new system for health care delivery and payment. Under MACRA, health care providers are expected to work together and coordinate their efforts with the goal of improving patient outcomes and controlling costs. For the first time ever, federal reimbursements will be tied to quality of care and improved cost efficiencies. However, as a new law, MACRA’s potential for success needs to be measured in terms ...


A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets Jan 2017

A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets

Journal Publications

This article argues that the uniquely adversarial nature of the United States litigation system, rooted in the medieval English system of "trial by battle," has replicated itself in almost all aspects of American society, distinguishing the United States from even its common law counterparts that shared the genesis of their legal systems in English "trial by battle." This "trial by battle" is often characterized in the context of speech by terms such as the 'marketplace of ideas," or in the context of economics by terms such as "the law of the jungle.," Even resolution of basic Constitutional concepts are subject ...


What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page Jan 2017

What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page

Journal Publications

This paper addresses childhood obesity and its correlating effects on an obese child's academic development. The terms and studies outlined in this paper specifically address the issue of obesity in children. It is important to state this distinction because obesity among children is defined and measured differently than it is among adults. Before discussing the differences in the academic development of non-obese children and obese children, I will begin by defining the following terms: "Body Mass Index (BMI)," "BMI-for-age," "Overweight," "Percentile Rates," and "Childhood Obesity."


Gun Rights And The New Lochnerism, Areto A. Imoukuede Jan 2017

Gun Rights And The New Lochnerism, Areto A. Imoukuede

Journal Publications

This Article examines the Supreme Court's recent Second Amendment cases as applications of the same libertarian bias that has undermined constitutional law's fundamental rights doctrine. The concept of a libertarian bias that is based in a New Lochnerism was previously introduced in both The Fifth Freedom and The New Due Process. The analysis here demonstrates that the recently revised doctrine regarding the Second Amendment and gun rights is driven by the current Supreme Court ("Court") hostility towards government regulation in a manner that is akin to what was seen during the Lochner Era. Regrettably, this Article is timely ...


Copyright To The Rescue: Should Copyright Protect Privacy?, Deidre Keller Jan 2017

Copyright To The Rescue: Should Copyright Protect Privacy?, Deidre Keller

Journal Publications

While some courts have held that “[i]t is universally recognized . . . that the protection of privacy is not the function of our copyright law,” the remedies afforded copyright owners make pursuing copyright claims an attractive option to privacy plaintiffs. Copyright remedies include the removal of digital copies from the internet and the destruction of physical copies. The extent to which copyright ought to protect privacy interests has been considered in various jurisdictions recently but has not been treated comprehensively by contemporary legal scholars in the United States. This piece seeks to undertake that treatment.

Part II of this paper begins ...


Beyond Borders: Martin Luther King, Jr., Africa, And Pan Africanism, Jeremy I. Levitt Jan 2017

Beyond Borders: Martin Luther King, Jr., Africa, And Pan Africanism, Jeremy I. Levitt

Journal Publications

This modest essay was a work of love in honor of Henry J. Richardson III, my dear brother, friend, mentor, and father in international law. Hank is universally recognized as the Dean of Black international law scholars and lawyers in the United States (U.S.), Africa, and beyond. He has single-handedly mentored three generations of international lawyers, influenced three generations of international legal scholarship, and established the Black International Tradition (BIT), which "stretches back to the very origins of our nation, preceding even the Constitution." His works on Dr. Martin Luther King Jr.'s (King) leadership, authority, and ministry as ...


From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe Jan 2017

From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe

Journal Publications

Nonhuman animals are currently treated as property under U.S. and Australian law, leaving them open to various kinds of exploitation. There has been a gradual evolution away from this property paradigm in both countries, but significant work remains to ensure that nonhuman animals are afforded adequate legal protections. This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus ...


Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns Jan 2017

Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns

Journal Publications

Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of ...


Winning! 5 Key Strategies For An Effective Conference Presentation, Renee N. Allen, Alicia Jackson Jan 2017

Winning! 5 Key Strategies For An Effective Conference Presentation, Renee N. Allen, Alicia Jackson

Journal Publications

With all of the hard work and thoughtfulness devoted to planning for conference presentations, it is safe to say, everyone wants a winning presentation! The five key strategies for developing an effective presentation are (1) proper planning, (2) work backwards when designing your presentation, (3) diversify your delivery methods, (4) engage your audience, and (5) provide takeaways.