Law Commons^™

Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard

Florida A & M University Law Review

This note asserts that exclusionary zoning and housing based on income or economic standing can have a disparate impact on race. The disparate impact standard of the Fair Housing Act of 1968, 42, U.S.C.S § 3601 et seq., used in the Texas Department of Housing and Community Affairs v. Inclusive Communities, does not do enough to aid plaintiffs in bringing claims where there is a racial disparity in housing. Part One of this paper will discuss the Federal policies that historically contributed to the wealth gap that exists on the basis of race, the legacy of these policies, and how …

School Curriculum: The Sigmatic Harm To Students And The Responsibility Of Congress To Act Again

Florida A & M University Law Review

When Brown was decided, the Supreme Court felt that it could not trust the States to encourage and facilitate equality on its own, which was proven true in the subsequent, decades-long resistance against integration following the Brown II mandate. Once again, the States cannot be trusted to move towards equality and away from backward community norms and bias without federal intervention. This is currently being exemplified by states like Florida—explicitly banning public schools from teaching Critical Race Theory. The Supreme Court does not seem willing to extend Brown any further, but the federal government may encourage and facilitate curriculum equality …

The American Dream Belongs To All Of Us: Latinos And Jamaican Americans Experience Cultural Genocide By American Assimilation

Florida A & M University Law Review

Racism in the United States has had a detrimental effect on the Latino and Jamaican experience in this country; affirmative action can be used to promote acculturation rather than assimilation. Part I of this article will explore the origins of the American Experiment as the creation of a country with freedom and democracy and how the benefit of those rights has never been given to racialized minorities without a struggle and fight. Part II explores Supreme Court cases that deal with discrimination issues in America and highlights how the solution to the forced assimilation of diverse cultures cannot be found …

The Roots Of The Problem: How The Crown Act Could Remedy The Inadequacies Of Title Vii Hair Discrimination Protections In The Entertainment Industry

Florida A & M University Law Review

This article will examine the inadequacies of Title VII of the Civil Rights Act of 1964 (“Title VII”) as it relates to hair discrimination in the entertainment industry and how the “Create a Respectful and Open Workplace for Natural Hair” (“CROWN”) Act could help to alleviate those inadequacies. Title VII fails to acknowledge the connection between hair texture/ protective styles and race. The entertainment industry exploits the failures of Title VII when casting African American women for television and film roles. Industry executives have been known to ask actresses to mute or exaggerate their blackness through different requests for their …

Masthead, Volume 73 Issue 3 (2023)

Case Western Reserve Law Review

No abstract provided.

Trauma-Informed Policing: The Impact Of Adult And Childhood Trauma On Law Enforcement Officers, Todd J. Clark, Caleb Gregory Conrad, André Douglas Pond Cummings, Honorable Amy Dunn Johnson

Case Western Reserve Law Review

No abstract provided.

New Mexico's Greenbelt Law: Disincentivizing Water Conservation Through Agricultural Tax Breaks, Annalise Porter, Robert P. Berrens, John Fleck

Natural Resources Journal

New Mexico (NM) passed a Greenbelt law (NM Stat § 7-36-20) in 1967 offering tax subsidies to agricultural landowners. The law represents a serious disconnect between land and water policy in that it has serious water policy implications but has never been discussed accordingly. We estimate that in 2020, Rio Grande surface flows were used to irrigate 4,388 acres of land in Bernalillo County, the state’s largest urban area, that received the agricultural valuation. This represents an estimated water use of nearly 11,000 acre-feet, on many properties not utilizing the program as originally intended, in a region where agriculture is …

Table Of Contents

Florida A & M University Law Review

No abstract provided.

Silencio: The Hispanic/Latino Reticent Approach To Racism

Florida A & M University Law Review

Many Latinos dream of coming to America in search for a better way of life but instead are faced with discrimination based on where they come from, the language they speak, and the pigmentation of their skin. Racial discrimination is one of the most ever-present issues in the United States of America today. Some look at discrimination and believe that it has been “fixed” through our political and judicial processes. However, others know that discrimination is still alive and prominent today. Today, discrimination has manifested itself differently –it is discreet and indirect but still prominent in the daily lives of …

Making America A Better Place For All: Sustainable Development Recommendations For The Biden Administration, Goal 4: Quality Education, Mark Dorosin

Journal Publications

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and circumstances. This Article argues that the SDGs are a critical normative framework the United States should use to improve human quality of life, freedom, and opportunity by integrating economic and social development with environmental protection. It collects the recommendations of 22 experts on steps that the Biden-Harris Administration should take now to advance each of the SDGs. It is part of …

Rebecca B. Ward (Staff/Alumni) Appreciation Award 2016–2023, Black Law Students Association

Student, Faculty, and Staff Awards

The award is given to a member of the Law School or local community for consistently contributing time and assistance to further BLSA’s goals and objectives.

An Organizational Theory Of International Technology Transfer, Peter Lee

Minnesota Law Review Vols. 106:2 onward (2021-present)

International technology transfer plays a critical role in advancing economic and social welfare around the world. Conventional wisdom holds that strong intellectual property rights—primarily patents—promote the transfer of technologies between countries. An important counternarrative, however, contends that weakening patents promotes important forms of technology transfer. This Article challenges the centrality of both perspectives by arguing that neither strengthening nor weakening patents is sufficient to transfer many technologies. This Article disaggregates international technology transfer into its constituent activities, focusing on the important processes by which technical knowledge itself moves between countries. In theory, patents play an important role in the international …

Help Me Sue A Gun Manufacturer: A State Legislator's Guide To The Protection Of Lawful Commerce In Arms Act And The Predicate Exception, Evan Dale

Minnesota Law Review Vols. 106:2 onward (2021-present)

Gun violence has become one of the central issues of our time. The number of gun violence victims, gun homicides, and mass shootings break all-time American records nearly every year. As the number of victims of gun violence rises, victims have tried—and largely failed—to hold gun manufacturers civilly liable for the weapons’ role in their injuries. The failure of these suits stems from the Protection of Lawful Commerce in Arms Act (PLCAA), which grants the gun industry broad protection against civil suits for the use of their weapons by third parties. The PLCAA provides limited exceptions to these protections, including …

Physicians Spreading Medical Misinformation: The Uneasy Case For Regulation, Richard S. Saver

Minnesota Law Review Vols. 106:2 onward (2021-present)

Physicians have played a surprisingly prominent role in the current “infodemic” of false and misleading medical claims. Yet, state medical boards, the governmental agencies responsible for professional licensure and oversight, have sanctioned remarkably few physicians. Pushing back against the widespread criticism of medical boards for insufficient action, this Article questions the overall suitability of licensure regulation to police medical misinformation. First, uncertainty exists about medical boards’ jurisdiction and legal authority. Many misinformation claims have involved physicians communicating publicly, not while treating patients. Given the primarily patient-centered legal and ethical frameworks governing the practice of medicine, serious challenges arise in making …

Banishing Federal Overstep: Why Protecting Tribal Sovereignty Justifies A Narrow Reading Of The Indian Civil Rights Act, Randa Larsen

Minnesota Law Review Vols. 106:2 onward (2021-present)

At the heart of this note_comment is the need to preserve Tribal sovereignty. This note_comment focuses on a lesser-known issue currently being debated in circuit courts: whether Tribes should be permitted to banish Tribal members from their ranks without submitting to the scrutiny of federal courts. Recently, there has been a resurgence in banishment discussions in Indian Country. To justify banishment, an individual’s actions must reach the point that they disrupt Tribal cohesion, the Tribe’s overarching cultural identity, and its bylaws. Banishment comes under federal review when banished individuals file a writ of habeas corpus under section 1303 of the …

Bringing Courts Into Global Governance In A Climate-Disrupted World Order, Karen C. Sokol

Minnesota Law Review Vols. 106:2 onward (2021-present)

Climate-driven geophysical and geopolitical shifts are putting increasing pressure on international law and global governance. One window into the challenges and opportunities presented by these ongoing disruptions is provided by a surge of “climate-accountability” cases, which argue that governments and corporations are responsible for addressing climate risks or repairing climate harms. This Article fills a gap in the literature by providing the first theoretical account of the structural role of courts in global governance in these cases and a typology of their functions. The panoramic perspective that I take shows that two extraordinary worldwide shifts are underway: historic applications of …

Regulating History, Sara C. Bronin, Leslie R. Irwin

Minnesota Law Review Vols. 106:2 onward (2021-present)

America’s local historic commissions collectively wield tremendous influence over millions of privately-owned parcels of land. By reviewing rehab proposals, blocking demolitions, and mandating property maintenance, these commissions have helped to protect many of America’s most beloved neighborhoods. They fill a vacuum left by federal and state governments, which have declined to offer robust legal protections to private historic sites.

Litigation challenging local historic decisions and press vilifying commissions for their alleged elitism, anti-environmental decisions, and general obstruction of progress have put preservation in the contemporary crosshairs. While we align with those who believe that clear-thinking commissions can successfully mediate between …

The Algorithmic Explainability "Bait And Switch", Boris Babic, I. Glenn Cohen

Minnesota Law Review Vols. 106:2 onward (2021-present)

Explainability in artificial intelligence and machine learning (AI/ML) is emerging as a leading area of academic research and a topic of significant regulatory concern. Increasingly, academics, governments, and civil society groups are moving toward a consensus that AI/ML must be explainable. In this Article, we challenge this prevailing trend. We argue that for explainability to be a moral requirement—and even more so for it to be a legal requirement—it should satisfy certain desiderata which it often currently does not, and possibly cannot. In particular, this Article argues that the currently prevailing approaches to explainable AI/ML are often (1) incapable of …

The Press Clause Needs Teeth: The Case For Strengthening Constitutional Press Protections At Protests, Ryan Liston

Minnesota Law Review Vols. 106:2 onward (2021-present)

Journalists and the government have often had a tense relationship because of journalism’s watchdog role. In recent years, that tension has reached a boiling point. Law enforcement arrested journalists at an unprecedented rate in 2020, primarily while they were covering racial justice protests after Minneapolis police officer Derek Chauvin murdered George Floyd. Given the press’s watchdog role, the presence of journalists at protests criticizing government action (such as police brutality) is particularly important. Moreover, law enforcement seemingly targeted the press at these protests, even when they clearly presented themselves as journalists. In Minnesota and Oregon, hotspots for these protests, courts …

The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns

Notre Dame Journal of International & Comparative Law

Never has the term limbo been so appropriately used in modern history than as applied to the current situation of the Êzidi internally displaced persons (IDPs). As Dante’s first circle of hell, limbo separates its residents from God, leaving them in a state of eternal suffering and sadness. This in-between place is saved for just individuals who did not receive Christ as required in Catholic theology and are now doomed to reside forever in a place of separation from God’s presence. Limbo is a state of punishment that seemingly freezes one’s ability to progress or enjoy future happiness.

International Procurement Developments In 2022: New Perspectives In Global Procurement, Michael Bowsher, Pascal Friton, Paul Lalonde, Andrea Sundstrand, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This piece reviews the past year’s developments in international public procurement in several parts, including: (I) the United Kingdom’s first steps in developing a post-Brexit procurement law (in a part prepared by Michael Bowsher KC, visiting professor at King’s College, London and a barrister at Monckton Chambers); (II) potentially protectionist measures by the European Union (by Pascal Friton, partner at the BLOMSTEIN law firm in Berlin) through the International Procurement Instrument (IPI), the Foreign Subsidies Regulation (FSR), application of the General Data Protection Regulation (GDPR), and measures being taken in response to Russia’s invasion of Ukraine, such as trade sanctions …

Fall 2023 Supplement To Brauneis & Schechter, Copyright: A Contemporary Approach, Robert Brauneis, Roger Schechter

GW Law Faculty Publications & Other Works

This Fall 2023 Supplement is the product of our effort to capture important developments in copyright law since the publication of the second edition of Copyright: A Contemporary Approach. It includes three Supreme Court decisions as principal cases: the fair use cases of Google LLC v. Oracle America, Inc. (p. 23) and Andy Warhol Foundation v. Goldsmith (p. 41) and the 2020 decision about copyright protection for state statutes, Georgia v. Public.Resources.Org (p. 74).. (Because there are now so many Supreme Court fair use cases to cover, this supplement also includes a note on Harper & Row, Publishers v. Nation …

The Limits Of Defining Identity In Religion-Gender Conflicts: A Response To Patrick Parkinson, Laura Portuondo

Faculty Scholarship

No abstract provided.

Gonzalez V. Google: The Case For Protecting “Targeted Recommendations, Tomer Kenneth

Faculty Scholarship

No abstract provided.

Remote Law: The Great Resignation, Great Gigification, Portable Benefits, And The Overdue Reshuffling Of Work Policy, Lobel, Orly

Santa Clara Law Review

The shift to widespread remote work in 2020 during the COVID-19 pandemic accelerated changes to the labor market, including flexibility of time, place, and nature of traditional office jobs, and a steep rise in gig economy work. As vaccines became available and employers began to require their employees to return to in-person work, many employees instead chose to move to jobs with more competitive pay, more flexibility, and better remote work options. Now, law and policy must evolve to address this changing labor market, including the uncertainties and risks created by remote work. This Article identifies inequities that have deepened …

Equity In Legal Education, Deo, Meera E.

Santa Clara Law Review

The pandemic has brought to light myriad inequities, in legal education as elsewhere in society. Many of these barriers have existed for decades; while they have been exacerbated due to COVID, they will likely linger even as the pandemic subsides. This Article draws from both quantitative and qualitative data collected from students and faculty to reveal how the pandemic has heightened existing challenges in legal education, in particular ways and with distinctive effects on different populations. While inequities are a hallmark of legal education, the fissures and fault lines of these hierarchies have expanded during COVID. People of color, women, …

A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century., Albert H. Kauffman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Eyes Of Texas Are Upon You: Will Affirmative Action In Texas Survive Its Endless Constitutional And Legislative Attacks?, Kathryn L. Cantu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Unequal Access To Higher Education: Student Loan Debt Disproportionately Impacts Minority Students., Elisa Reyes Hinojosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock

Law Student Publications

On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …