Law Commons^™

Penary Energy, Carla F. Fredericks

West Virginia Law Review

No abstract provided.

Barriers To The Ballot Box: Implicit Bias And Voting Rights In The 21st Century, Arusha Gordon, Ezra D. Rosenberg

Michigan Journal of Race and Law

While much has been written regarding unconscious or “implicit bias” in other areas of law, there is a scarcity of scholarship examining how implicit bias impacts voting rights and how advocates can move courts to recognize evidence of implicit bias within the context of a voting rights claim. This Article aims to address that scarcity. After reviewing research on implicit bias, this Article examines how implicit bias might impact different stages of the electoral process. It then argues that “results test” claims under Section 2 of the Voting Rights Act (VRA) present an opportunity for plaintiffs to introduce evidence regarding …

Disparaging Trademarks: Who Matters, Jasmine Abdel-Khalik

Michigan Journal of Race and Law

For more than a century, non-majority groups have protested the use of trademarks comprised of or containing terms referencing the group—albeit for various reasons. Under the 1946 Lanham Act, Congress added a prohibition against registering disparaging trademarks, which could offer protection to non-majority groups targeted by the use of trademarks offensive to members of the group. The prohibition remained relatively unclear, however, and rarely applied in that context until a group of Native Americans petitioned to cancel the Washington NFL team’s trademarks as either scandalous, offensive to the general population, or disparaging, offensive to the referenced group. In clarifying the …

Treat All Men Alike: An Analysis Of United States V. White Mountain Apache Tribe And Suggestions For True Reparation, Joel A. Holt

Akron Law Review

In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere’s indigenous people. The torture and genocide of Native Americans, motivated by desire for gold and land, did not end with the Spaniards: it carried on through English rule and young America’s taming of the west.

It is estimated that the indigenous population of the continental United States at the time of first contact was between five and ten million. According to the 2000 census, …

Disparaging Trademarks: Who Matters, Jasmine C. Abdel-Khalik

Faculty Works

For more than a century, non-majority groups have protested the use of trademarks comprised of or containing terms referencing the group — albeit for various reasons. For those trademarks that are offensive to targeted groups, some may argue that the market will solve. In other words, some may assume that purchasers in the marketplace will respect the objection, there will be insufficient purchases of the product under the mark, and the mark will disappear. However, objections raised by smaller populations in the United States often fall on deaf ears, and the marks continue to be used in the marketplace. The …

Translating Yonnondio By Precedent And Evidence: The Mashpee Indian Case, Gerald Torres, Kathryn Milun

Gerald Torres

No abstract provided.

Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick

Congressional Testimony

In her testimony before the United States Senate Committee on Indian Affairs, Prof. Rolnick describes her research and recommendations concerning how to improve juvenile justice for American Indian and Alaska Native youth.

Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Haight Farley

Contributions to Books

Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …

A Tribute To Vine Deloria, Jr.: An Indigenous Visionary, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

A Standing Rock Lakota citizen, Deloria was arguably the most intellectually gifted and articulate spokesman for Indigenous nationhood in the twentieth century. He was never quite comfortable with the notion that he was, in fact, the principal champion of tribal nations and their citizens, since he expected that each Native nation and every tribal citizen express confidence in their own distinctive identities, develop their own unique talents, and wield their collective and individual sovereignty in a way that enriched not only their own nations but all those around them as well.

For Deloria, freedom and justice could only be achieved …

Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Farley

Contributions to Books

Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …

Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic

Brooklyn Journal of International Law

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …