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Articles 1 - 25 of 25
Full-Text Articles in Law
On The Presence Of The Past In The Future Of International Labour Law, Adelle Blackett
On The Presence Of The Past In The Future Of International Labour Law, Adelle Blackett
Dalhousie Law Journal
Professor Blackett presented this talk as the Invited Speaker at the Schulich School of Law’s Horace E Read Memorial Lecture on 9 October 2019.
*This contribution has not been peer-reviewed.
Desnatada: Latina Illumination Of Breastfeeding, Race, And Injustice, Jasmine Gonzales Rose
Desnatada: Latina Illumination Of Breastfeeding, Race, And Injustice, Jasmine Gonzales Rose
Faculty Scholarship
In Skimmed: Breastfeeding, Race, and Injustice, Andrea Freeman brilliantly explains how racism results in lower breastfeeding rates by Black mothers,1 which in turn results in poorer health outcomes--including higher mortality rates--for Black babies.2 She provides four primary reasons for this phenomenon: (1) the history and legacy of slavery, (2) the imposition of racist gender stereotypes on Black women, (3) racially-targeted formula promotion by manufacturers and hospitals, and (4) government benefits and employment policies that obstruct poor people's ability to breastfeed. The first two of these reasons are particularly devastating: the legacy of slavery and misogynoiristic3 stereotypes …
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Michigan Journal of Race and Law
The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern …
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
Washington and Lee Law Review Online
Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …
Taxation As A Site Of Memory: Exemptions, Universities, And The Legacy Of Slavery, Bridget J. Crawford
Taxation As A Site Of Memory: Exemptions, Universities, And The Legacy Of Slavery, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Many universities around the United States are attempting to grapple with their institution’s history of direct and indirect involvement with transatlantic slavery. One of the first schools to do so was Brown University, which appointed a special committee in 2003 to study its historic institutional ties to slavery. After three years of investigation and discussion, the Brown committee recommended the creation of a public campus memorial and widespread educational efforts. In 2015, Georgetown University undertook a similar investigation on its campus; the working group ultimately recommended renaming certain university buildings, erecting public memorials, creating an academic center of the study …
Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler
Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler
MSU Graduate Theses
From 1824 to 1837, the Supreme Court of Missouri developed a sophisticated caselaw establishing emancipation-by-residency—where a Missouri court could liberate an enslaved petitioner because of their residence in a free jurisdiction—as a basis of freedom suits. In 1852, however, the Court undermined the precedential value of those decisions and dismantled this basis when deciding Dred Scott’s case, Scott v. Emerson. Scholarship on Missouri’s freedom suits has highlighted how partisanship and the political atmosphere in Missouri as well as across the nation contributed to this outcome. This study adds to the historiography how the previous caselaw itself predisposed the result; …
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
White Saviors, Brandon Hasbrouck
White Saviors, Brandon Hasbrouck
Washington and Lee Law Review Online
It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …
Abolishing Private Prisons: A Constitutional And Moral Imperative, André Douglas Pond Cummings, Robert Craig
Abolishing Private Prisons: A Constitutional And Moral Imperative, André Douglas Pond Cummings, Robert Craig
Faculty Scholarship
No abstract provided.
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
William & Mary Bill of Rights Journal
No abstract provided.
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
Faculty Book Chapters
This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …
Fugitive Slaves And Undocumented Immigrants: Testing The Boundaries Of Our Federalism, Sandra L. Rierson
Fugitive Slaves And Undocumented Immigrants: Testing The Boundaries Of Our Federalism, Sandra L. Rierson
University of Miami Law Review
Federalism—the dual system of sovereignty that invests both the nation as a whole and each individual state with the authority to govern the people of the United States of America—is a foundational pillar of American democracy. Throughout the nation’s history, political crises have tested the resilience of this dual system of government established by the United States Constitution. The fundamental contradiction of slavery in a nation founded on the principle that “all men are created equal” triggered the nation’s most prominent existential crisis, resulting in the Civil War. In the years leading up to that war, the federal government’s protection …
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Brigham Young University Prelaw Review
In June of 2008, Jeffrey Epstein plead guilty in a Florida court on
two counts of felony prostitution for nonconsensual sex acts against
two girls under eighteen. Evidence showed, however, that the true
scope of his crime encompassed dozens of underage girls. He
was sentenced to eighteen months in jail but ended up only serving
thirteen. Because of the terms of his prison sentence, Epstein
was allowed to leave the jail during the day for work release.
Trafficking To The Rescue?, Julie A. Dahlstrom
Trafficking To The Rescue?, Julie A. Dahlstrom
Faculty Scholarship
Since before the dawn of the #MeToo Movement, civil litigators have been confronted with imperfect legal responses to gender-based harms. Some have sought to envision and develop innovative legal strategies. One new, increasingly successful tactic has been the deployment of federal anti-trafficking law in certain cases of domestic violence and sexual assault. In 2017, for example, victims of sexual assault filed federal civil suits under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) against Hollywood producer Harvey Weinstein. Plaintiffs argued that the alleged sexual assault conduct amounted to “commercial sex acts” and sex trafficking. Other plaintiffs’ lawyers have similarly invoked trafficking …
Crisis? Whose Crisis?, Jack M. Beermann
Crisis? Whose Crisis?, Jack M. Beermann
William & Mary Law Review
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
Crisis? Whose Crisis?, Jack M. Beermann
Crisis? Whose Crisis?, Jack M. Beermann
Faculty Scholarship
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
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.
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 …
Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri
Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri
Scripps Senior Theses
Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.
Feeding The Machine: The Commodification Of Black Bodies From Slavery To Mass Incarceration, Cecil J. Hunt Ii
Feeding The Machine: The Commodification Of Black Bodies From Slavery To Mass Incarceration, Cecil J. Hunt Ii
University of Baltimore Law Review
No abstract provided.
Conquest And Slavery In The Property Law Course: Notes For Teachers, K-Sue Park
Conquest And Slavery In The Property Law Course: Notes For Teachers, K-Sue Park
Georgetown Law Faculty Publications and Other Works
This piece contains ideas for teaching about the foundational place of the histories of conquest and slavery to American property law and the property law course. I begin by briefly reviewing how these topics have been erased and marginalized from the study of American property law, as mentioned by casebooks in the field published from the late nineteenth century to the present. I then show how the history of conquest constituted the context in which the singular American land system and traditional theories of acquisition developed, before turning to the history of the American slave trade and the long history …
Book Review: Was Yosef On The Spectrum By Samuel J. Levine, Ian Hale, Ph.D.
Book Review: Was Yosef On The Spectrum By Samuel J. Levine, Ian Hale, Ph.D.
Touro Law Review
No abstract provided.
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron
Touro Law Review
No abstract provided.
Do Abolitionism And Constitutionalism Mix?, Aya Gruber
Do Abolitionism And Constitutionalism Mix?, Aya Gruber
Publications
No abstract provided.
Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein
Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.