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Full-Text Articles in Law

Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres Jun 2024

Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres

Faculty Scholarship

Thirty-five states have enacted critical race theory bans at the level of elementary and secondary public education, and seven states have extended these to the university level. One way to resist these attempts to repress a healthy democracy by whitewashing history is through a pedagogy of antiracism, including literary works. The question of what that would look like involves questions of cultural appropriation, which occurs when one takes from another culture, such as a writer creating a narrative about a character outside of the writer’s cultural identity. This Article considers the story of Ota Benga, brought from the Congo to …


Racial Targets, Atinuke O. Adediran Apr 2024

Racial Targets, Atinuke O. Adediran

Northwestern University Law Review

It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020’s racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as “racial targets.” The Article addresses this phenomenon and shows that companies can defend racial targets as distinct from racial quotas, which involve a rigid number or proportion of opportunities reserved exclusively for minority groups. The political implications of the legal defensibility of racial targets are significant in this moment in American history, where race …


Champions For Justice 2024, Roger Williams University School Of Law Mar 2024

Champions For Justice 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The War On Higher Education, Athena Mutua, Jonathan Feingold Jan 2024

The War On Higher Education, Athena Mutua, Jonathan Feingold

Faculty Scholarship

Academic freedom is under assault in the United States.1 Like the authoritarian populism rising across the globe, domestic attacks on individual professors and academic institutions buttress a broader and multifaceted campaign to undermine multiracial democracy and the institutions that sustain and safeguard it.2 The individuals and entities driving this antidemocratic movement have also targeted the electoral process; public education; the right to bodily autonomy; the civil rights and liberties of minoritized and marginalized communities; and freedom of speech and expression (increasingly marshaled against pro-Palestinian advocacy).3 Their openly stated goal is to delegitimize, defund, and “lay siege to” …


Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender Jan 2024

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender

Seattle University Law Review

The third annual EPOCH symposium, a partnership between the Seattle University Law Review and the Black Law Student Association took place in late summer 2023 at the Seattle University School of Law. It was intended to uplift and amplify Black voices and ideas, and those of allies in the legal community. Prompted by the swell of public outcry surrounding ongoing police violence against the Black community, the EPOCH partnership marked a commitment to antiracism imperatives and effectuating change for the Black community. The published symposium in this volume encompasses some, but not all, the ideas and vision detailed in the …


Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar Dec 2023

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.


Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law Nov 2023

Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Learning To Do Good While Doing Well 11-2023, Roger Williams University School Of Law Nov 2023

Learning To Do Good While Doing Well 11-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman Jun 2023

Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues Apr 2023

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.


Pov: Yes, Filling Out The Race Box On Forms Is Tiresome, But Here’S Why It Matters, Jasmine Gonzales Rose, Neda Khoshkhoo Mar 2023

Pov: Yes, Filling Out The Race Box On Forms Is Tiresome, But Here’S Why It Matters, Jasmine Gonzales Rose, Neda Khoshkhoo

Shorter Faculty Works

Filling out your race and ethnicity on a form may feel tiresome, and even uncomfortable. You have been checking these boxes for years, as has everyone else, and the questions may seem irrelevant.

“What does race have to do with my doctor’s appointment?” you might ask. Or a form may be inaccurate: “I’m Middle Eastern, why don’t I get a box to check?” Perhaps it feels intrusive: “How is this information going to be used?” And you may wonder, “Why are we always talking about race?”

The truth is, we need to keep talking about race. Even more than we …


Sticky Situations: Understanding The Law And Life, Krystal Banks Mar 2023

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.


Law School News: Roger Williams University School Of Law Withdraws From Us News Rankings 1-17-2023, Roger Williams University School Of Law Jan 2023

Law School News: Roger Williams University School Of Law Withdraws From Us News Rankings 1-17-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd Jan 2023

Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd

American University Journal of Gender, Social Policy & the Law

In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …


Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law Jan 2023

Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate Nov 2022

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law Nov 2022

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden Oct 2022

Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law Sep 2022

Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Pov: As A Nation, Where Are We Now On Gun Policy?, Michael Ulrich Jul 2022

Pov: As A Nation, Where Are We Now On Gun Policy?, Michael Ulrich

Faculty Scholarship

Last month, the federal government passed the first gun safety legislation in decades, the Bipartisan Safer Communities Act, while at the same time, the Supreme Court declared a constitutional right to carry guns in public. It is important then to assess where this country finds itself with regard to gun policy after these two seemingly contrasting and momentous events.


Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers Jul 2022

Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers

South Carolina Law Review

No abstract provided.


The Crt Of Black Lives Matter, Angela Onwuachi-Willig Jul 2022

The Crt Of Black Lives Matter, Angela Onwuachi-Willig

Faculty Scholarship

Critical Race Theory ("CR T"), or at least its principles, stands at the core of most prominent social movements of today-from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact, Critical Race Theorists have long defined CRT itself as a movement, one that has not only provided theoretical interventions regarding the relationship between race, racism, power, and the law, but that has also encouraged and, in fact, inspired and guided social movements. …


Color Of Creatorship - Author's Response, Anjali Vats Jul 2022

Color Of Creatorship - Author's Response, Anjali Vats

Articles

This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.


An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor Jun 2022

An Argument Against Unbounded Arrest Power: The Expressive Fourth Amendment And Protesting While Black, Karen Pita Loor

Faculty Scholarship

Protesting is supposed to be revered in our democracy, considered “as American as apple pie” in our nation’s mythology. But the actual experiences of the 2020 racial justice protesters showed that this supposed reverence for political dissent and protest is more akin to American folklore than reality on the streets. The images from those streets depicted police officers clad in riot gear and armed with shields, batons, and “less than” lethal weapons aggressively arresting protesters, often en masse. In the first week of the George Floyd protests, police arrested roughly 10,000 people, and approximately 78 percent of those arrests were …


Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold Apr 2022

Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold

South Carolina Law Review

No abstract provided.


Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek Apr 2022

Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek

Dickinson Law Review (2017-Present)

Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men—who just six years earlier were enslaved and barred from testifying in Southern courts—appeared before Congress to tell their stories. The stories were heartbreaking. After experiencing the joy of Emancipation and the initial hope of Reconstruction, they had been subjected to unspeakable horror at the hands of white terrorists. They had been raped and sexually humiliated. Their children and spouses murdered. They had been savagely beaten …


Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton Apr 2022

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.


Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law Mar 2022

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0 Mar 2022

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …


The Color Of Pain: Racial Bias In Pain And Suffering Damages, Maytal Gilboa Jan 2022

The Color Of Pain: Racial Bias In Pain And Suffering Damages, Maytal Gilboa

Georgia Law Review

For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff’s race when calculating compensatory tort damages, and they do so in a manner that systematically results in lower awards to Black plaintiffs than to White. This Article examines this problem, zeroing in on the specific issue of racial bias in calculations of tort damages for pain and suffering.

The severity of a plaintiff’s injury is commonly …