Law Commons^™

V.58-4, 2021 Masthead

San Diego Law Review

No abstract provided.

Introduction: Racism Without Racists, Robert A. Schapiro

San Diego Law Review

This Symposium on Systemic Racism offers a timely review and analysis of an urgent and persistent problem plaguing the United States. Many of the narratives we offer about the history and trajectory of law and society emphasize progress with respect to racism and the struggle for equality. We note the milestones of racial progress: the Thirteenth Amendment’s abolition of slavery in 1865; the 1868 adoption of the Fourteenth Amendment with its command of “equal protection”; the Supreme Court’s 1954 decision in Brown v. Board of Education declaring state-sponsored racial segregation unconstitutional; the enactment of the Civil Rights Act of 1964, …

Systemic Racism: Patterns Of Black Disadvantage And White Advantage Linked To Slavery, Roy L. Brooks

San Diego Law Review

In this Article, I engage systemic racism in two ways. First, I discuss some of its current manifestations, Part II. In particular, I will offer powerful examples of systemic racism, Section A, and explain the link between slavery and extant systemic racism, Section B. Next, I analyze the forces in this country that sustain systemic racism well into the post-civil rights period, Part III. I will spend a fair amount of time examining socio-psychological paradigms and institutional practices or policies that perpetuate or contribute to manifestations of systemic racism. The former consists of various forms of racial bias, Section A, …

This Is The House That Law Built: A Systems Story Of Racism, Palma Joy Strand

San Diego Law Review

In this essay, I explore the system-ness of racism. A systems understanding of racism enables us to more fully comprehend the magnitude and depth of racism, its reach and rootedness. This systems understanding provides the foundation for some initial and overarching observations about law and systemic racism.

Think Nationally, Act Locally: Cities And The Struggle For Social Justice, Harold Mcdougall

San Diego Law Review

Liberals and progressives typically look to the national government to make policy aimed at achieving social justice. Historically, that is not without reason. As Professor Kathleen Morris of Golden Gate University School of Law put it in a recent email exchange, "social elites reached for the federal level in large part because the states and localities proved themselves to be genuinely terrifying to marginalized folks between 1860 and 1980.”

Few things remain constant in the struggle for social justice, however. The liberal and progressive national focus backfired as conservative and right-wing forces built power in state legislatures, enabling them to …

The Death Row Phenomenon: A Prohibition Against Torture, Cruel, Inhuman And Degrading Treatment Or Punishment, Nkem Adeleye

San Diego Law Review

Several debates on the legitimacy, constitutionality, and acceptability of the death penalty have arisen throughout the years. The death row phenomenon refers to the psychological effects on prisoners of being on death row for a prolonged period while awaiting an imminent execution under harsh conditions of confinement. Having been declared a violation of a customary norm of international law by several international tribunals and national courts, this Article explores the possibility of the death row phenomenon, as a legal concept, becoming widely accepted and ultimately preventing the execution of another category of offenders. The existence of a lack of judicial …

Eradicating Race-Based Health Disparities By Effectuating The Fair Housing Act's De-Segregation Intent, Parisa Ijadi-Maghsoodi

San Diego Law Review

This Article illustrates how Congress did not adopt this anti-segregation legislation in a vacuum. Rather, as the Supreme Court recently acknowledged, the FHA was a response to racial segregation. Congress enacted the legislation days after Dr. Martin Luther King Jr.’s assassination and on the heels of the Kerner Commission’s report, which identified segregation as the cause of unprecedented nationwide civil unrest.

Part II of this Article demonstrates how housing is a major determinant of health, identifies the extent to which our nation is segregated, and illustrates how segregation exacerbates health inequities among racial and ethnic lines. Part III presents the …

Race-Based Discrimination In The Totality Of The Circumstances: Why America's Highest Court Should Permit Section 2 Voting Rights Act Challenges To State Felon Disenfranchisement Laws, Ellen Atkinson

San Diego Law Review

Betty McKay served twenty-seven years in prison. During her past three years on parole, she became a motivational speaker, justice advocate, and organizer. Similarly, John Windham served thirty years in prison. Since his release from prison to parole in 2018, he became a motivational speaker and consultant, and works with nonprofits providing reentry services to others formerly incarcerated. But that is not all Ms. McKay and Mr. Windham have in common: Neither has ever been able to vote. They are among the 50,000 parolees in the State of California that, despite having served their prison sentences, have been barred from …

Amici Curiae Observations On Sexual- And Gender-Based Crimes, Particularly Sexual Slavery, And On Cumulative Convictions Pursuant To Rule 103 Of The Rules Of Procedure And Evidence, Jocelyn Getgen Kestenbaum

Amicus Briefs

Sexual slavery is not a “form” of enslavement; rather, all acts of a sexual nature, including control over sexuality, sexual integrity and sexual and reproductive autonomy, constitute indicia of the exercise of powers of ownership of enslavement in all its forms. Consequently, enslavement as a crime against humanity is not “in the abstract entirely encompassed within sexual slavery.” To avoid entering cumulative convictions for separately enumerated crimes that do not each have a distinct element from the other, and to avoid a continuation of a discriminatory application of the law, amici suggest that, in the interests of justice, the …

Sovereign Lands, Brent D. Chicken, Amanda J. Dick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Wyoming, John R. Chadd

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

West Virginia, Andrew Graham

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Virginia, Zachary H. Barrett

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Utah, Jim Tartaglia

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Texas, Don Hueske

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Tennessee, Westley A. Ketron

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Oklahoma, Matt Schlensker, Sandra Fraley

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Ohio, Tim Mckeen, Melissa Grimes

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

North Dakota, William J. Black

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

New York, Nathaniel I. Holland, Benedict J. Kirchner

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

New Mexico, Kacie Bevers, Blake Jones

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Nevada, Diana S. Prulhiere

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Nebraska, Sarah Trainer

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Montana, Amanda J. Dick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Missouri, Douglas J. Crouse

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Michigan, M. Vafa Barissi

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Maryland, Tia L. Churchfield

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Louisiana, Garrett Korbitz

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Kentucky, Gary Holland

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.