Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (48)
- University of Colorado Law School (24)
- Seattle University School of Law (19)
- William & Mary Law School (19)
- Washington and Lee University School of Law (18)
-
- Roger Williams University (16)
- UC Law SF (16)
- St. Mary's University (15)
- Golden Gate University School of Law (14)
- Mitchell Hamline School of Law (13)
- University of Montana (12)
- University of New Mexico (12)
- Georgetown University Law Center (11)
- St. John's University School of Law (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- Georgia State University College of Law (10)
- University of Maryland Francis King Carey School of Law (10)
- University of Arkansas, Fayetteville (9)
- University of Miami Law School (9)
- University of Pittsburgh School of Law (9)
- Brooklyn Law School (8)
- Touro University Jacob D. Fuchsberg Law Center (8)
- University of Washington School of Law (8)
- Columbia Law School (7)
- Duke Law (7)
- Maurer School of Law: Indiana University (7)
- University of Georgia School of Law (7)
- University of Pennsylvania Carey Law School (7)
- Boston University School of Law (6)
- American University Washington College of Law (5)
- Keyword
-
- Race (55)
- Racism (54)
- Discrimination (25)
- Diversity (22)
- Civil rights (20)
-
- COVID-19 (19)
- Race and law (18)
- Slavery (15)
- Systemic racism (15)
- Women (14)
- Racial justice (13)
- Police (12)
- Policing (12)
- Poverty (12)
- White supremacy (12)
- Equity (11)
- Immigration (11)
- Social justice (11)
- Supreme Court (11)
- Education (10)
- History (10)
- Intersectionality (10)
- Pandemic (10)
- African American (9)
- Black Lives Matter (9)
- Gender (9)
- Human rights (9)
- Justice (9)
- Black (8)
- Black women (8)
- Publication
-
- Faculty Scholarship (51)
- Michigan Journal of Race and Law (26)
- Articles (17)
- Publications (17)
- UC Law Journal of Race and Economic Justice (16)
-
- Seattle University Law Review (15)
- William & Mary Journal of Race, Gender, and Social Justice (14)
- Georgetown Law Faculty Publications and Other Works (11)
- Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal (11)
- Public Land & Resources Law Review (11)
- Georgia State University Law Review (10)
- Michigan Law Review (9)
- Mitchell Hamline Law Review (9)
- Nevada Law Journal (9)
- The Scholar: St. Mary's Law Review on Race and Social Justice (9)
- Arkansas Law Review (8)
- University of Michigan Journal of Law Reform (8)
- All Faculty Scholarship (7)
- Life of the Law School (1993- ) (7)
- Scholarly Works (7)
- University of Colorado Law Review (7)
- Washington and Lee Law Review (7)
- Faculty Publications (6)
- School of Law Conferences, Lectures & Events (6)
- University of Miami Race & Social Justice Law Review (6)
- Articles by Maurer Faculty (5)
- Journal of Civil Rights and Economic Development (5)
- Scholarly Articles (5)
- UC Irvine Law Review (5)
- Washington and Lee Journal of Civil Rights and Social Justice (5)
- Publication Type
Articles 1 - 30 of 489
Full-Text Articles in Law
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
BYU Law Review
No abstract provided.
In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner
In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner
Catholic University Law Review
In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus. So why are loyalty oaths making their resurgence in the form of mandatory diversity statements? Universities have begun requiring faculty members to …
Challenging Solitary Confinement Through State Constitutions, Alison Gordon
Challenging Solitary Confinement Through State Constitutions, Alison Gordon
University of Cincinnati Law Review
Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the known harms associated with the practice. The two-part test established by the federal courts to evaluate Eighth Amendment claims and limitations on challenging prison conditions under the Prison Litigation Reform Act can make it difficult to establish that solitary confinement is cruel and unusual punishment.
State constitutional challenges to solitary confinement are underexplored. Nearly all state constitutions contain an equivalent provision to the Eighth Amendment’s prohibition on cruel and unusual punishment. State courts need not be bound by federal jurisprudence in interpreting the scope of the state …
Korematsu’S Ancestors, Mark A. Graber
Korematsu’S Ancestors, Mark A. Graber
Arkansas Law Review
Mark Killenbeck’s Korematsu v. United States has important affinities with Dred Scott v. Sandford. Both decisions by promoting and justifying white supremacy far beyond what was absolutely mandated by the constitutional text merit their uncontroversial inclusion in the anticanon of American constitutional law.3 Dred Scott held that former slaves and their descendants could not be citizens of the United States and that Congress could not ban slavery in American territories acquired after the Constitution was ratified.5 Korematsu held that the military could exclude all Japanese Americans from portions of the West Coast during World War II.6 Both decisions nevertheless provided …
Introduction To Re-Imagining “We The People" Part Two: Transcripts From The Aaj Education’S Civil Rights And Police Misconduct Litigation Seminar, Sarah Guidry
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
With this issue of The Bridge, we continue the discussions raised in our Spring 2021 issue: Police Misconduct & Qualified Immunity: Reimagining "We the People”, Vol.6, Issue 1. That issue shared the transcription of the virtual national conference by the same name, and featured an esteemed group of experts who discussed the state of racial unrest in this country, historically and currently. To promote further dialogue and support those who work to establish stronger protections against the use and misuse of police violence, we herein highlight several key sessions featured at the recent American Association for Justice Civil Rights and …
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Public Land & Resources Law Review
The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.
Migration And Mortality: Social Death, Dispossession, And Survival In The Americas, Miranda Cady Hallett, Joseph Nevins, Jamie Longazel, Amelia Frank-Vitale, Alicia Yvonne Estrada, Abby C. Wheatley
Migration And Mortality: Social Death, Dispossession, And Survival In The Americas, Miranda Cady Hallett, Joseph Nevins, Jamie Longazel, Amelia Frank-Vitale, Alicia Yvonne Estrada, Abby C. Wheatley
Biennial Conference: The Social Practice of Human Rights
This panel presents research from the new edited volume Migration and Mortality (edited by Longazel and Hallett, Temple University Press, 2021). Death threatens migrants physically during perilous border crossings between Central and North America, but many also experience legal, social, and economic mortality. Rooted in histories of colonialism and conquest, exclusionary policies and practices deliberately take aim at racialized, dispossessed people in transit. Once in the new land, migrants endure a web of systems across every facet of their world—work, home, healthcare, culture, justice—that strips them of their personhood, denies them resources, and creates additional obstacles that deprive them of …
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Brooklyn Law Review
The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives …
Deadly 'Toxins': A National Empirical Study Of Racial Bias And Future Dangerousness Determinations, Justin D. Levinson, G. Ben Cohen, Koichi Hioki
Deadly 'Toxins': A National Empirical Study Of Racial Bias And Future Dangerousness Determinations, Justin D. Levinson, G. Ben Cohen, Koichi Hioki
Georgia Law Review
Since the beginning of the modern Death Penalty Era, one of the most important—and fraught—areas of capital punishment has been the so-called “future dangerousness” determination, a threshold inquiry that literally rests the defendant’s life or death on jurors’ predictions of the future. An overwhelming majority of capital executions have occurred in jurisdictions that embrace the perceived legitimacy of the future dangerousness inquiry, despite its obvious flaws and potential connection to the age-old racial disparities that continue to plague capital punishment. This Article presents, and empirically tests, the hypothesis that jurors’ future dangerousness assessments cannot be separated from their racial and …
Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Journal of Law and Policy
Criminal justice reform is elusive in the United States. Despite evidence that the system is broken, change remains ephemeral at best. This is partially attributable to the fact that most attempts to reform the criminal legal system have occurred through the political process. However, another method of criminal justice reform is to assist communities as they address the root causes of crime. Undergirding this approach is the belief that building stronger communities contributes to less crime and reduces recidivism. After seizing $250 million via prosecutions of financial crimes in 2016, the New York County District Attorney’s Office created a “first-of-its-kind” …
The Pocketbook Next Time: From Civil Rights To Market Power In The Latinx Community, Rachel F. Moran
The Pocketbook Next Time: From Civil Rights To Market Power In The Latinx Community, Rachel F. Moran
Faculty Scholarship
The United States is undergoing a demographic transformation. Nearly one in five Americans already is Latinx, and the United States Census Bureau projects that by 2060, nearly one in three will be. Latinx will substantially outnumber every other historically underrepresented racial and ethnic minority group, and non-Hispanic whites no longer will be a majority. Those changes have unsettled traditional approaches to full inclusion.
Civil rights activists have suffered numerous setbacks, and the burgeoning Latinx population is searching for other paths to belonging. Some leaders have turned to growing Latinx market power to demand recognition and equal opportunity. These efforts rely …
High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi
Brooklyn Journal of International Law
Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, …
Constance Baker Motley’S Forgotten Housing Legacy, Donovan J. Stone
Constance Baker Motley’S Forgotten Housing Legacy, Donovan J. Stone
Utah Law Review
Constance Baker Motley led the legal assault on Jim Crow and became the first Black woman appointed to the federal bench. She spent two decades with the NAACP’s Legal Defense and Educational Fund, assisting Thurgood Marshall in Brown v. Board of Education. Afterward, she desegregated the South’s public schools and universities and argued ten cases before the Supreme Court, winning nine. Motley also represented countless protestors jailed for their activism, including Martin Luther King, Jr.
Despite Motley’s achievements, scholars have largely overlooked her career. And those who have examined Motley’s work have generally focused on her efforts to dismantle school …
Suspicionless Policing, Julian A. Cook
Suspicionless Policing, Julian A. Cook
Scholarly Works
The tragic death of Elijah McClain—a twenty-three-year-old, slightly built, unarmed African American male who was walking home along a sidewalk when he was accosted by three Aurora, Colorado police officers—epitomizes the problems with policing that have become a prominent topic of national conversation. Embedded within far too many police organizations is a culture that promotes aggressive investigative behaviors and a disregard for individual liberties. Incentivized by a Supreme Court that has, over the course of several decades, empowered the police with expansive powers, law enforcement organizations have often tested—and crossed—the constitutional limits of their investigative authorities. And too often it …
The Myth Of The Great Writ, Leah M. Litman
The Myth Of The Great Writ, Leah M. Litman
Articles
Habeas corpus is known as the “Great Writ” because it supposedly protects individual liberty against government overreach and guards against wrongful detentions. This idea shapes habeas doctrine, federal courts theories, and habeas-reform proposals.
It is also incomplete. While the writ has sometimes protected individual liberty, it has also served as a vehicle for the legitimation of excesses of governmental power. A more complete picture of the writ emerges when one considers traditionally neglected areas of public law that are often treated as distinct—the law of slavery and freedom, Native American affairs, and immigration. There, habeas has empowered abusive exercises of …
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Michigan Law Review
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social institutions function as two sides of the same ideology, sharing a common historical nucleus rooted in the mythologies that sustained chattel slavery in the United States. The effects of these narratives continue to operate in race-related jurisprudence and in the criminal legal system, sending normative messages about race and …
Trauma, André Douglas Pond Cummings
Trauma, André Douglas Pond Cummings
Faculty Scholarship
Meek Mill’s life and career have been punctuated by trauma. From childhood through his current adulthood, Mill has experienced excruciating trauma even as a well-known hip hop artist. In 2018’s track of that name Trauma, Mill describes in illuminating prose just how these traumatic experiences harmed and impacted him personally describing the very same harms that impact so many similarly situated young black people in the United States. Meek Mill, as a child, witnessed violent death and experienced poverty while as a young man he was arrested and incarcerated (wrongly). Despite his star turn as a true hip hop icon, …
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Title 42, Asylum, And Politicising Public Health, Michael Ulrich, Sondra S. Crosby
Faculty Scholarship
President Biden has continued the controversial immigration policy of the Trump era known as Title 42, which has caused harm and suffering to scores of asylum seekers under the guise of public health.1 The Centers for Disease Control and Prevention (CDC) ordered the policy in March 2020 with the stated purpose of limiting the spread of the coronavirus into the U.S.; though, CDC and public health officials have admitted this policy has no scientific basis and there is no evidence it has protected the public.2,3 Instead, the impetus behind the policy appears to be a desire to keep out or …
Bahr V. Regan, Aspen B. Ward
Bahr V. Regan, Aspen B. Ward
Public Land & Resources Law Review
In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …
Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law
Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
New Federalism And Civil Rights Enforcement, Alexander Reinert, Joanna C. Schwartz, James E. Pfander
New Federalism And Civil Rights Enforcement, Alexander Reinert, Joanna C. Schwartz, James E. Pfander
Northwestern University Law Review
Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines that stop many civil rights lawsuits in their tracks. But state and local officials share responsibility for the enforcement of civil rights and have underappreciated powers to adopt reforms of their own. This Article evaluates a range of state and local interventions, including the adoption of state law causes of …
The Washington Post Interviews Vinay Harpalani: The Courts Have Served As An Anti-Democratic Force For Much Of U.S. History, Vinay Harpalani, David A. Love
The Washington Post Interviews Vinay Harpalani: The Courts Have Served As An Anti-Democratic Force For Much Of U.S. History, Vinay Harpalani, David A. Love
Faculty Scholarship
Certainly there are examples in which the high court has upheld the rights of the marginalized and disadvantaged. However, as Vinay Harpalani, associate professor of law at the University of New Mexico, has noted, “even when the U.S. Supreme Court makes rulings that seem to favor people of color, those rulings usually serve the interests of wealthy, elite White Americans.”
Harpalani cited how the Brown decision stemmed in part from Cold War strategy and the need for the United States to appeal to people in African, Asian and Latin American countries. “Racial segregation at home did not bode well …
Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh
Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Black On Black Representation, Alexis Hoag
Municipal Reparations: Considerations And Constitutionality, Brooke Simone
Municipal Reparations: Considerations And Constitutionality, Brooke Simone
Michigan Law Review
Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations plans as examples. It then presents a hypothetical city resolution addressing Philadelphia’s discriminatory police practices. Next, it turns to a constitutional analysis of reparations policies under current Fourteenth Amendment jurisprudence, discussing both race-neutral and race-conscious plans. This Note argues that an antisubordination understanding of the Equal Protection Clause would better allow …
On Time, (In)Equality, And Death, Fred O. Smith Jr.
On Time, (In)Equality, And Death, Fred O. Smith Jr.
Michigan Law Review
In recent years, American institutions have inadvertently encountered the bodies of former slaves with increasing frequency. Pledges of respect are common features of these discoveries, accompanied by cultural debates about what “respect” means. Often embedded in these debates is an intuition that there is something special about respecting the dead bodies, burial sites, and images of victims of mass, systemic horrors. This Article employs legal doctrine, philosophical insights, and American history to both interrogate and anchor this intuition.
Law can inform these debates because we regularly turn to legal settings to resolve disputes about the dead. Yet the passage of …
Racial Captialism And Race Massacres: Tulsa's Black Wall Street And Elaine's Sharecroppers, André Douglas Pond Cummings, Kalvin Graham
Racial Captialism And Race Massacres: Tulsa's Black Wall Street And Elaine's Sharecroppers, André Douglas Pond Cummings, Kalvin Graham
Faculty Scholarship
United States history is marked and checkered with grievous race massacres dating back to the end of slavery. These race “riots,” as they are benignly referred to in some quarters, occurred infamously in Tulsa, Elaine, Rosewood, Chicago, Detroit, and so many other lesser remembered cities. The starkest period of race massacres in the United States, including each of those just mentioned, occurred in the early 1900s, between 1919 and 1923 when Black Americans, newly empowered by service in a world war and having gained available land grants in territories where indigenous peoples were forced to abandon, began finding economic and …
Integrating Doctrine And Diversity Speaker Series: When Law School Classroom Discussions Of Diversity Issues Go Wrong, Roger Williams University School Of Law, City University Of New York School Of Law
Integrating Doctrine And Diversity Speaker Series: When Law School Classroom Discussions Of Diversity Issues Go Wrong, Roger Williams University School Of Law, City University Of New York School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Overcoming Obstacles To Reentry Panel, Mackenzie Hobbs
Overcoming Obstacles To Reentry Panel, Mackenzie Hobbs
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.