Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Race (20)
- Civil Rights and Discrimination (15)
- Legal Education (9)
- Law and Society (7)
- Constitutional Law (6)
-
- Criminal Law (6)
- Law Enforcement and Corrections (5)
- Law and Gender (5)
- Legal Profession (5)
- Social and Behavioral Sciences (5)
- Sociology (5)
- Criminal Procedure (4)
- Health Law and Policy (4)
- Immigration Law (4)
- Law and Politics (4)
- Race and Ethnicity (4)
- Courts (2)
- Human Rights Law (2)
- Law and Philosophy (2)
- Legislation (2)
- Social Justice (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- Agency (1)
- Asian Studies (1)
- Civic and Community Engagement (1)
- Civil Law (1)
- Criminology and Criminal Justice (1)
- Curriculum and Social Inquiry (1)
- Institution
-
- Boston University School of Law (7)
- Roger Williams University (3)
- University of Colorado Law School (3)
- Duquesne University (2)
- Mitchell Hamline School of Law (2)
-
- Touro University Jacob D. Fuchsberg Law Center (2)
- California Western School of Law (1)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Grand Valley State University (1)
- Maurer School of Law: Indiana University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- SJ Quinney College of Law, University of Utah (1)
- Singapore Management University (1)
- Texas A&M University School of Law (1)
- University of Maine School of Law (1)
- University of Michigan Law School (1)
- University of Missouri, St. Louis (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Faculty Scholarship (12)
- Life of the Law School (1993- ) (3)
- Publications (3)
- Hallowed Secularism (2)
- Scholarly Works (2)
-
- All Faculty Scholarship (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Faculty Publications (1)
- Faculty Scholarly Works (1)
- Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal (1)
- Honors Projects (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarly Articles (1)
- Social Justice Week (1)
- Undergraduate Research Symposium (1)
- Utah Law Faculty Scholarship (1)
- File Type
Articles 1 - 30 of 34
Full-Text Articles in Law
Obergefell, Masterpiece Cakeshop, Fulton, And Public-Private Partnerships: Unleashing V. Harnessing 'Armies Of Compassion' 2.0?, Linda C. Mcclain
Obergefell, Masterpiece Cakeshop, Fulton, And Public-Private Partnerships: Unleashing V. Harnessing 'Armies Of Compassion' 2.0?, Linda C. Mcclain
Faculty Scholarship
Fulton v. City of Philadelphia presented a by-now familiar constitutional claim: recognizing civil marriage equality—the right of persons to marry regardless of gender—inevitably and sharply conflicts with the religious liberty of persons and religious institutions who sincerely believe that marriage is the union of one man and one woman. While the Supreme Court’s 9-0 unanimous judgment in favor of Catholic Social Services (CSS) surprised Court-watchers, Chief Justice Roberts’s opinion did not signal consensus on the Court over how best to resolve the evident conflicts raised by the contract between CSS and the City of Philadelphia. This article argues that 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 …
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 …
The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix
The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix
Social Justice Week
A presentation about the human rights violations taking place at the southern border against Haitian immigrants and how this situation fits into a long history of anti-Black immigration policies in the United States.
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Faculty Scholarship
We are presently in the midst of a crisis at the U.S.-Mexico border, as Courts, and indeed the Biden Administration, are struggling to manage thousands of immigrants waiting to seek asylum in the midst of a global pandemic. Beginning in March of 2020, against the advice of public health experts, the U.S. Government closed the southern U.S.-Mexico border, disproportionately impacting would-be asylum seekers from Central America, who are now immediately expelled from the United States should they reach the border under a process known as “Title 42.” Not only do these expulsions lack a legitimate public health rationale, but they …
Bigotry, Prophecy, Religion, And The Race Analogy In Marriage And Civil Rights Battles: Responding To Commentaries On Who's The Bigot?, Linda C. Mcclain
Bigotry, Prophecy, Religion, And The Race Analogy In Marriage And Civil Rights Battles: Responding To Commentaries On Who's The Bigot?, Linda C. Mcclain
Faculty Scholarship
One of the most rewarding parts of writing a book is that it opens the door for constructive conversation with thoughtful and perceptive readers like the scholars who generously contributed to this book symposium. Their various essays touch on and offer powerful insights about the core concerns that I had when I wrote Who’s the Bigot? Learning from Conicts over Marriage and Civil Rights Law. They offer thoughtful empirical and normative observations and surface useful questions about important future investigations. Were I able to write a next chapter—or a sequel—all these commentaries would shape its content. As it is, I …
The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig
The Intersectional Race And Gender Effects Of The Pandemic In Legal Academia, Angela Onwuachi-Willig
Faculty Scholarship
Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among faculty based on gender and the intersection of gender and race. The legal academy has been no exception to this reality. The widespread loss of childcare and the closing of both public and private primary and secondary schools have disproportionately harmed women law faculty, who are more likely than their male peers to work a “second shift” in terms of childcare and household responsibilities. Similarly, women law …
July 4, 2021: Better Than July 4, 2020, Bruce Ledewitz
July 4, 2021: Better Than July 4, 2020, Bruce Ledewitz
Hallowed Secularism
Blog post, “Better Than July 4, 2020“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Standard Racism: Trying To Use “Crisis Standards Of Care” In The Covid-19 Pandemic, George J. Annas, Sondra S. Crosby
Standard Racism: Trying To Use “Crisis Standards Of Care” In The Covid-19 Pandemic, George J. Annas, Sondra S. Crosby
Faculty Scholarship
Lowering the standard of care in a pandemic is a recipe for inferior care and discrimination. Wealthy white patients will continue to get “standard of care” medicine, while the poor and racial minorities (especially black and brown people) will get what is openly described as substandard care rationalized by the assertion that substandard care is all that we can deliver to them in a crisis. (IOM Citation2009) Paul Farmer’s experience in responding to the Ebola outbreak in West Africa is a shocking, if extreme, example of how dangerous to patients this practice is. White patients were treated with the …
Keynote: How I Became A Family Policing Abolitionist, Dorothy E. Roberts
Keynote: How I Became A Family Policing Abolitionist, Dorothy E. Roberts
All Faculty Scholarship
This piece is a written version of Professor Dorothy Roberts' keynote speech at the Columbia Journal of Race and Law's 11th annual symposium, titled Strengthened Bonds: Abolishing the Child Welfare System and Re-Envisioning Child Well-Being.
How To Talk About Racism, Benjamin Joshua Ong
How To Talk About Racism, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In a commentary, SMU Assistant Professor of Law Benjamin Joshua Ong wrote that recent debates about race and race relations have reminded him that using a single word to describe something can lead to quibbles over the precise definition, while discussion of the thing itself is neglected. He believes that in addressing important questions related to race, we should not reduce the potentially rich discussion to a simplistic argument over whether the incidents are "racist" or not, but should keep an open mind when having difficult conversations.
Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles
Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice. We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological racism, that limits its capacity for addressing the fundamental restructuring that racial justice requires. We suggest, in a manner that might be viewed as counterintuitive, that targeted universalist remedies might be more effective to address long term racial inequality but might also be …
Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden
Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden
Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
May 3, 2021: The "America Is Racist" Controversy, Bruce Ledewitz
May 3, 2021: The "America Is Racist" Controversy, Bruce Ledewitz
Hallowed Secularism
Blog post, “The "America is racist" Controversy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
To What Extent Is The Death Penalty A Tool Of Racial Terror In America, And How Can We Fix It?, Gabrielle Boileau
To What Extent Is The Death Penalty A Tool Of Racial Terror In America, And How Can We Fix It?, Gabrielle Boileau
Honors Projects
In this project, I seek to answer the question: To what extent is the death penalty a tool of racial terror in America, and how can we fix it? America has long been plagued by the legacy of slavery and white supremacy. In the reconstruction era, when slavery was no longer legal, angry white citizens would simply round up African-Americans and lynch them if they felt they had done something “wrong”. However, in the modern era, such blatant displays of racism are illegal, and the racist views of society are subverted into the court system. Black men are disproportionately arrested …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
More Than A Hashtag: Why We Need To #Protectblackwomen In Real Life, Golden Gate University School Of Law
More Than A Hashtag: Why We Need To #Protectblackwomen In Real Life, Golden Gate University School Of Law
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
This piece will address the ways in which Black women continue to be disrespected, unprotected, and neglected, both publicly—as a result of systemic racism and police brutality—as well as privately—as a result of the legal system’s failure to appropriately address domestic violence committed against them.
Living In Two Worlds, Elizabeth Kronk Warner
Living In Two Worlds, Elizabeth Kronk Warner
Utah Law Faculty Scholarship
Anti-racism calls us to work toward ending racial hatred, bias, systemic racism, and the oppression of marginalized groups. For many of us working in higher education leadership, this means that we are actively creating space for marginalized voices both in classrooms and through research. But who should be included is not always a question with a clear answer. Additionally, because of the complexity of identity, not all members of a marginalized community may express themselves in a monothetic way. This essay examines such a group possessing a complex identity – Indigenous people, from my personal lived experience. The essay explores …
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Scholarly Works
No abstract provided.
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Publications
Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and …
The Unconstitutional Police, Brandon Hasbrouck
The Unconstitutional Police, Brandon Hasbrouck
Scholarly Articles
Most Fourth Amendment cases arise under a basic fact pattern. Police decide to do something--say, stop and frisk a suspect. They find some crime--say, a gun or drugs--they arrest the suspect, and the suspect is subsequently charged with a crime. The suspect--who is all too often Black--becomes a defendant and challenges the police officers' initial decision as unconstitutional under the Fourth Amendment. The defendant seeks to suppress the evidence against them or perhaps to recover damages for serious injuries under 42 U.S.C. § 1983. The courts subsequently constitutionalize the police officers' initial decision with little or no scrutiny. Effectively, the …
When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber
When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber
Publications
10th Annual David H. Bodiker Lecture on Criminal Justice delivered on Wed., Oct. 21, 2020 at Ohio State University Moritz College of Law.
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Faculty Scholarship
This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …
And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
Faculty Scholarship
This is a reflective, analytical essay remarking on the role that Blackness has and continues to play in the construction, understanding and application of "black letter law." This essay is written from a Black and BlaQueer perspective and displays how a shift in standpoint--moving from the invisible, standard white "reasonable person"--underscores and illuminates the current legal and sociopolitical crisis we find ourselves in. It is continuation of the discussion began in my earlier articles "Furtive Blackness: On Blackness & Being," "The Strict Scrutiny of Black and BlaQueer Life" and the working paper "Sexual Profiling & BlaQueer Furtivity: BlaQueers On The …
Maybe Law Schools Do Not Oppress Minority Faculty Women: A Critique Of Meera E. Deo’S “Unequal Profession: Race And Gender In Legal Academia” (Stanford University Press 2019), Dan Subotnik
Scholarly Works
No abstract provided.
Inclusivity In Admissions And Retention Of Diverse Students: Leadership Determines Dei Success, Danielle M. Conway, Bekah Saidman-Krauss, Rebecca Schreiber
Inclusivity In Admissions And Retention Of Diverse Students: Leadership Determines Dei Success, Danielle M. Conway, Bekah Saidman-Krauss, Rebecca Schreiber
Faculty Scholarly Works
Penn State Dickinson Law has been leading with an Antiracist admissions philosophy and corresponding plans for implementation before the COVID-19 pandemic of 2020. Arguably, this approach to diversity, equity, and inclusion (DEI)was not identified explicitly as a vision priority for the law school until July 2019, when Dickinson Law welcomed Danielle M. Conway as the first Black Dean and first woman Dean in the law school’s 186-year history. Dean Conway outlined four vision priorities to accomplish within her first five years at Dickinson Law. Vision priority number two calls upon the law school’s administrators to move the needle substantially on …
The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose
The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose
Faculty Scholarship
In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein
Publications
There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.
How To Include Issues Of Race And Racism In The 1-L Torts Course: A Call For Reform, Jennifer Wriggins
How To Include Issues Of Race And Racism In The 1-L Torts Course: A Call For Reform, Jennifer Wriggins
Faculty Publications
Race and racism have always played a significant role in the U.S. tort system as research has long shown and as hundreds of published decisions demonstrate. Do torts casebooks reflect the importance of race and racism in torts? The article first surveys 23 torts casebooks published from 2016 to 2021 to see whether and to what extent they discuss race and racism. Most avoid discussions of race and racism in torts; and although they always discuss tort history, they omit the racial history of torts. Although publishers frequently issue new editions of torts casebooks, newer editions generally have not expanded …