Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Race (18)
- Civil Rights and Discrimination (8)
- Law Enforcement and Corrections (4)
- Criminal Law (3)
- Education Law (3)
-
- Law and Gender (3)
- Supreme Court of the United States (3)
- Constitutional Law (2)
- Disability Law (2)
- Jurisprudence (2)
- Law and Society (2)
- Legal Education (2)
- Arts and Humanities (1)
- Business (1)
- Civic and Community Engagement (1)
- Communication (1)
- Courts (1)
- Disability and Equity in Education (1)
- Domestic and Intimate Partner Violence (1)
- Education (1)
- Entertainment, Arts, and Sports Law (1)
- Family, Life Course, and Society (1)
- Feminist, Gender, and Sexuality Studies (1)
- Gender, Race, Sexuality, and Ethnicity in Communication (1)
- Health Law and Policy (1)
- Inequality and Stratification (1)
- Judges (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Institution
-
- Mitchell Hamline School of Law (7)
- Touro University Jacob D. Fuchsberg Law Center (7)
- Northwestern Pritzker School of Law (3)
- Marquette University Law School (2)
- University of Colorado Law School (2)
-
- American University Washington College of Law (1)
- Georgia State University College of Law (1)
- Illinois Wesleyan University (1)
- Maurer School of Law: Indiana University (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- United Arab Emirates University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Rhode Island (1)
- University of South Carolina (1)
- Publication
-
- Mitchell Hamline Law Review (6)
- Journal of Race, Gender, and Ethnicity (5)
- Northwestern Journal of Law & Social Policy (2)
- Touro Law Review (2)
- University of Colorado Law Review (2)
-
- American University National Security Law Brief (1)
- Dignity: A Journal of Analysis of Exploitation and Violence (1)
- Georgia State University Law Review (1)
- Indiana Law Journal (1)
- Marquette Law Review (1)
- Marquette Sports Law Review (1)
- Mitchell Hamline Law Journal of Public Policy and Practice (1)
- Northwestern University Law Review (1)
- Pepperdine Law Review (1)
- South Carolina Law Review (1)
- UAEU Law Journal (1)
- Undergraduate Economic Review (1)
- University of Arkansas at Little Rock Law Review (1)
- Utah Law Review (1)
Articles 1 - 30 of 31
Full-Text Articles in Law
City Of Los Angeles V. Lyons: How Supreme Court Jurisprudence Of The Past Puts A Chokehold On Constitutional Rights In The Present, Peter C. Douglas
City Of Los Angeles V. Lyons: How Supreme Court Jurisprudence Of The Past Puts A Chokehold On Constitutional Rights In The Present, Peter C. Douglas
Northwestern Journal of Law & Social Policy
The United States today has refocused its attention on its continuing struggles with civil rights and police violence—struggles that have always been present but which come to the forefront of the collective consciousness at inflection points like the current one. George Floyd—and uncounted others—die at the hands of the police, and there is, justifiably, outrage and a search for answers. Although the reasons why Black and Brown people are disproportionally subject to unconstitutional police violence are manifold, one reason lies in the Supreme Court’s 1983 decision in City of Los Angeles v. Lyons. While many scholars have criticized the Burger …
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
Utah Law Review
The tumultuous summer of 2020 opened the eyes of many Americans, leading to a general consensus on one issue—racism still exists. This Article offers a new descriptive account of America’s history that can contextualize the zeitgeist of racial politics. It argues that the Founding Fathers created a national civil religion based on racism when they compromised on the issue of slavery in the creation of the Constitution. This religion, called the Religion of Race, is built on a belief system where whiteness is sacred and Blackness is profane. The sacred text is the Constitution, and it is interpreted by the …
Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros
Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros
Northwestern Journal of Law & Social Policy
This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools.
Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to …
Introduction: Assuming A Critical Lens In Legal Studies: Reconciling Laws And Reality, Tanya Monique Washington Hicks, Courtney Anderson
Introduction: Assuming A Critical Lens In Legal Studies: Reconciling Laws And Reality, Tanya Monique Washington Hicks, Courtney Anderson
Georgia State University Law Review
No abstract provided.
Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig
Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig
University of Arkansas at Little Rock Law Review
No abstract provided.
Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania
Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania
Northwestern University Law Review
The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a much higher rate than the states—more than 60% of U.S. citizen-defendants were detained pending trial by federal courts last year. But federal defendants virtually never fail to appear in court, and they are rarely arrested for new crimes while on pretrial release. And unlike state court systems, cash bail is …
Welcome To The New Dignity, Donna M. Hughes
Welcome To The New Dignity, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Dear Courts: I, Too, Am A Reasonable Man, Marvel L. Faulkner
Dear Courts: I, Too, Am A Reasonable Man, Marvel L. Faulkner
Pepperdine Law Review
There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American psyche. Emerging research suggests that the upsurge in reporting police-on-Black violence—including videos shot from pedestrian camera phones and uploaded to multimedia platforms and historical accounts of the agonizing treatment Black Americans have experienced beginning with Slave Patrols—has affected individualized behavior during interactions with police …
Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette
Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette
Undergraduate Economic Review
Black males received sentences about twenty percent longer than similarly situated white males from 2012 to 2016. Some of this inequality may be introduced by mandatory minimum sentences. Charges carrying a mandatory minimum sentence are brought against Black defendants at higher rates than white defendants. It has been argued that these sentences introduce bias in two ways: legislatively (the types of crimes that carry a mandatory minimum) and in the way these sentences are put into practice (increasing prosecutorial discretion). This brief explores whether mandatory minimum sentences increase racial inequality in criminal sentencing.
The Disdain Of Heavenly Religions Between The Islamic Law And The United Arab Emirates Law, Layla Salem
The Disdain Of Heavenly Religions Between The Islamic Law And The United Arab Emirates Law, Layla Salem
UAEU Law Journal
The principle of criminalizing the contempt of religions takes a high position among the general principles that prevail in the legal system of any state to guarantee that all individuals in the society can live in harmony and agreement regardless of the differences that may stem from culture, religion or race. In agreement with this trend, the UAE legislator issued Law No. (2) in 2015 for preventing discrimination and hatred which requires the criminalization of acts associated with the contempt of religions and their holy sites and the fight against all forms of discrimination and rejection of hatred speech in …
Hair Goes Nothing: Proposing The Uniform Enactment Of The Crown Act Across The United States, Alexandra Halbert
Hair Goes Nothing: Proposing The Uniform Enactment Of The Crown Act Across The United States, Alexandra Halbert
Journal of Race, Gender, and Ethnicity
No abstract provided.
An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii
An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii
American University National Security Law Brief
No abstract provided.
Foreword, Cindy Chau
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Journal of Race, Gender, and Ethnicity
No abstract provided.
The New Federalism Frontier In Marijuana Legalization And Decriminalization, Oliver Roberts
The New Federalism Frontier In Marijuana Legalization And Decriminalization, Oliver Roberts
South Carolina Law Review
No abstract provided.
Redefining Healthcare To Address Racial Health Disparities & Inequities, Abdur Rahman Amin
Redefining Healthcare To Address Racial Health Disparities & Inequities, Abdur Rahman Amin
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
Wisconsin's Race-Based Mascot Law: An Update, Jeremy Daniel Heacox
Wisconsin's Race-Based Mascot Law: An Update, Jeremy Daniel Heacox
Marquette Sports Law Review
No abstract provided.
Entrenched Racial Hierarchy: Educational Inequality From The Cradle To The Lsat, Kevin Woodson
Entrenched Racial Hierarchy: Educational Inequality From The Cradle To The Lsat, Kevin Woodson
Mitchell Hamline Law Review
No abstract provided.
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll
Touro Law Review
No abstract provided.
The Constitutional Tort System, Noah Smith-Drelich
The Constitutional Tort System, Noah Smith-Drelich
Indiana Law Journal
Constitutional torts—private lawsuits for constitutional wrongdoing—are the primary means by which violations of the U.S. Constitution are vindicated and deterred. Through damage awards, and occasionally injunctive relief, victims of constitutional violations discourage future misconduct while obtaining redress. However, the collection of laws that governs these actions is a complete muddle, lacking any sort of coherent structure or unifying theory. The result is too much and too little constitutional litigation, generating calls for reform from across the political spectrum along with reverberations that reach from Standing Rock to Flint to Ferguson.
This Article constructs a framework of the constitutional tort system, …
Toward Racially Equitable And Accountable Tech, Andrea Giampetro-Meyer, Janae James, Sydney Brooke
Toward Racially Equitable And Accountable Tech, Andrea Giampetro-Meyer, Janae James, Sydney Brooke
Marquette Law Review
This Article examines three distinct areas to consider how we might move
toward racially equitable and accountable tech. The three distinct areas are:
(1) fair housing, (2) surveillance, and (3) social media. Fair housing raises
questions about where today’s racially biased algorithms fit within the context
of historical, racist government housing policy. Surveillance raises questions
about how some tech tools render Black faces invisible, while others render
Black faces dangerously conspicuous. Social media highlights the clash
between civil rights and civil liberties, especially when racial justice conflicts
with freedom of speech. Our analysis leads us to consider the extent to …
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
University of Colorado Law Review
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.
Not Your Mule? Disrupting The Political Powerlessness Of Black Women Voters, Chinyere Ezie
Not Your Mule? Disrupting The Political Powerlessness Of Black Women Voters, Chinyere Ezie
University of Colorado Law Review
On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's political participation and their relative level of socioeconomic and political well-being. Taking recent national elections as a case study, the Article identifies two sources of Black women's political powerlessness: "caretaker voting" and the "trapped constituency problem." The Article concludes that Black women's strong voter turnout coupled with their …
The Seven (At Least) Lessons Of The Myon Burrell Case, Leslie E. Redmond, Mark Osler
The Seven (At Least) Lessons Of The Myon Burrell Case, Leslie E. Redmond, Mark Osler
Mitchell Hamline Law Review
No abstract provided.
The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz
The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz
Mitchell Hamline Law Review
No abstract provided.
Educational Adequacy Challenges: The Impact On Minnesota Charter Schools, Wendy Baudoin
Educational Adequacy Challenges: The Impact On Minnesota Charter Schools, Wendy Baudoin
Mitchell Hamline Law Review
No abstract provided.
This Is Minnesota: An Analysis Of Disparities In Black Student Enrollment At The University Of Minnesota Law School And The Effects Of Systemic Barriers To Black Representation In The Law, Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna, Brandie Burress, Tony Sanchez, Joshua Cottle
This Is Minnesota: An Analysis Of Disparities In Black Student Enrollment At The University Of Minnesota Law School And The Effects Of Systemic Barriers To Black Representation In The Law, Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna, Brandie Burress, Tony Sanchez, Joshua Cottle
Mitchell Hamline Law Review
No abstract provided.