Civil Rights and Discrimination Commons^™

Review Of Laboratories Of Autocracy: A Wake-Up Call From Behind The Lines, Neal Allen, Philip Pfeiffer

The Journal of Social Encounters

No abstract provided.

Review Of God's Resistance: Mobilizing Faith To Defend Immigrants, Anna Peterson

The Journal of Social Encounters

No abstract provided.

Review Of Ordinary Whites In Apartheid Society: Social Histories Of Accommodation, Gary Prevost

The Journal of Social Encounters

No abstract provided.

Review Of Portraits Of Peacemakers: Americans Who Tell The Truth, Rosemarie Pace

The Journal of Social Encounters

No abstract provided.

Community-Based Research And Catholic Higher Education In Solidarity: Embracing The Risks And Gifts Of Interdependence, Linda Land-Closson

The Journal of Social Encounters

With common ground in the work of solidarity and the common good, Community-Based Research (CBR) and Catholic Higher Education (CHE) can be brought into a mutually beneficial dialogue. Accordingly, this article serves first as a reminder of the radicality of solidarity, second as a callout to CHE for often falling short of solidarity-in-action, third as an invitation for CHE to offer understandings of solidarity as discernment tools to mitigate harm in the changing field of CBR, and finally as an invitation to CBR to be aware of and continue promoting solidarity through good judgment.

Intergenerational Dialogue And Inquiry For Collective Healing, Social Justice And Communal Well-Being: A Reflection On Conceptions, Processes And Practices, Scherto Gill

The Journal of Social Encounters

This paper explores how intergenerational dialogue and inquiry (IDI) may help break the silence about past brutality and contribute to collective healing, social justice and communal well-being. The specific historical contexts that it is concerned with are transatlantic slavery and colonisation, and the continued legacies of contemporary racism. Global communities impacted by these tragedies often experience silence between the generations about the trauma resulting from the atrocity, often exacerbated by present day discrimination. In considering the case study of IDI in communities on four continents, this paper further analyses the processes involved in breaking the cycles of silence, and remembering …

“Burned At The Stake”: Unpacking Disinformation In The Story Of A Coach Allegedly “Terminated” For Expressing Anti-Transgender Women Athlete Beliefs, Ellen J. Staurowsky

Journal of Issues in Intercollegiate Athletics

On August 29, 2023, a video testimony entitled ‘Burned at the Stake’: One NCAA Coach’s Battle to Protect Women’s Sport was released. The film was part of a “female athlete storytelling series” developed and funded by the Independent Women’s Forum (IWF) designed to support the IWF’s stated agenda to “fight to save women’s sports and counter the radical agenda that seeks to erase women” by allowing transgender girls and women on teams that match their identities. The central figure in the video is Kim Russell, then head women’s lacrosse coach at NCAA Division III Oberlin College, who claimed her right …

Racial Discrimination In Retailers' Willingness To Accept Returns: A Field Study, Meirav Furth-Matzkin

Northwestern University Law Review

Black Americans have long faced discriminatory treatment while shopping in retail establishments, including, most notably, being subjected to increased surveillance, inconsistent pricing, and inferior customer service. Little attention, however, has been paid to other post-purchase aspects of retail transactions. Specifically, do Black Americans receive the same treatment as white customers when it comes to performing sellers’ formal policies or contracts? While it is understood that salespeople are often given discretion to deviate from standard form contracts, sometimes departing from the literal terms to satisfy consumers, there has been a notable absence of systematic exploration into how salespeople exercise this authority …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

Community-Driven Policy Solutions To Police Accountability, Rashawn Ray

Brookings Scholar Lecture Series

George Floyd’s death shifted public opinion as 76% of Americans agreed that incidents such as the killing of Floyd are signs of racism within law enforcement. While police reforms such as implicit bias training and body-worn cameras gained public support, they insufficiently address the structural, cultural, and organizational components of policing that can obstruct accountability and contribute to racial disparities in policing. In this lecture, Brooking Senior Fellow Rashawn Ray presents interview, survey, social media, and virtual reality data with police officers, activists, and civilians, and demonstrates state- and city-level databases on police reform legislation. Ray posits that evidence-based policy …

Deputization And Privileged White Violence, Ekow N. Yankah

Articles

A number of high-profile and racially charged killings, such as Trayvon Martin’s, Kenneth Herring’s, Ahmaud Arbery’s, and Jordan Neely’s, have been at the hands of civilians declaring themselves the law. These deaths stemmed from a phenomenon best described as “deputization.” Deputization describes a latent legal power that has empowered White people throughout American history to claim authority to enforce the law, as they see it, upon racial minorities generally and Black people in particular. This power turned the ancient common law duty to police all felons in England into a specific American common law duty to police Blacks. From the …

Neurocriminology: Revolutionizing Specialized Training For Criminal Justice System Professionals, Janina Cich

Forensic Scholars Today

No abstract provided.

Policymaking And Pretrial Fairness: Evaluating Illinois' Ban On Cash Bail Beyond Chicago, Kaitlyn M. Sims

Global and Public Affairs: Faculty Scholarship

Over 400,000 people are incarcerated awaiting trial each day in the United States. Many of these individuals are held because they are unable to post cash bail, generating substantial economic inequality between those who are able to be released and those who must wait. Illinois's Pretrial Fairness Act (PFA) banned cash bail in 2023 to reduce economic inequity and remove judicial discretion in pretrial decisions. I use daily roster data from multiple suburban and rural Illinois jails and a regression-discontinuity-in-time (RDiT) approach to test for changes to jail composition after the law went into effect. Jail population sizes decreased, though …

6. Mark: Sources And References, Matthew Lipman

Secondary School Curriculum

This sequential bibliography matches the 1980 edition of Mark page by page. It contains both sources—works that influenced Matthew Lipman in writing the novel—and references to philosophical works he and Ann Margaret Sharp recommend to explore the novels’ philosophical themes.

The Method Is The Message: Movement Law And The Social Change Commons, Raymond H. Brescia

Dickinson Law Review (2017-Present)

Legal scholars have long sought to understand the relationship between social movements and the law. A new group of such scholars has argued that to better understand this relationship, and to advance social change that is effective, sustainable, equitable, and just, they must engage in dialogue with such movements to generate ideas that will catalyze that change. For those interested in generating ideas that can spark meaningful and lasting social change, such developments in legal scholarship represent an exciting evolution in the relationship between legal scholarship, legal scholars, and social movements: a relationship that appears to be growing stronger, deeper, …

Dobbs V. Brown, Benjamin H. Barton

Dickinson Law Review (2017-Present)

Dobbs v. Jackson Women’s Health Organization1is the most important and impactful Supreme Court decision since at least Roe v. Wade, and potentially since Brown v. Board of Education. Past survey data show that most Americans can only name two Supreme Court opinions: Roe and Brown. Dobbs will surely join that list. This Article compares the history, drafting, and opinions of Dobbs and Brown to show what a missed opportunity Dobbs represents. Regardless of whether you agree or disagree with the opinion, it should be clear that Dobbs was one of those unique times (like that of Brown) where the Court …

From Likes To Legislation: How The Internet Has Facilitated Hate Speech, Anti-Dei Discourse And Policy, And Threatens Our Democracy, Carmen Lynn Benavides-Garb

Undergraduate Scholarship

I argue that the way hate speech, and Anti-DEI rhetoric spreads online, through social media and algorithms, has impacted real-world Anti-DEI policies, attitudes, and overall backlash. In this essay I will begin by discussing the four themes found in my literature review, 1) Online Hate Speech, 2) Social Media and Algorithms, 3) Diversity, Equity, and Inclusion (DEI), and 4) Anti-DEI Movements. From there, I will discuss the historical background of DEI movements in America to provide context about what makes this moment in history unique. I will then discuss the role of the Trump Presidency in relation to Anti-DEI work. …

"Shocking The System" In The 21st Century: Conservative Policy Entrepreneurs And The Plan For Authoritarianism In The U.S., Athena M. King

Political Science & Geography Faculty Publications

The first few days of the second Trump presidency saw a flurry of executive orders targeting immigrants, the transgender community, blacks, and federal government employees. The resulting “shocks” to the system are unprecedented, causing many to question the continuation of American democracy. These actions are a few of many policy preferences developed by conservatives and captured in “Project 2025”, spearheaded by the Heritage Foundation and with the overall intent of restructuring the federal government to suit authoritarian aims. Using a theoretical framework regarding policy entrepreneurs (PEs), I argue that conservative PEs (CPEs), under the aegis of the Republican Party and …

The Curiously Minor Role Of Minor V. Happersett (Foreword), Susan Frelich Appleton, Travis Crum, Hannah Keidan

Scholarship@WashULaw

This Foreword introduces a symposium marking the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment's Privileges or Immunities Clause did not enfranchise women. Notwithstanding its impact on the women's suffrage movement and the subsequent ratification of the Nineteenth Amendment, Minor presents a puzzle: it is a relatively obscure precedent that remains deeply relevant to contemporary legal debates. To elucidate this point, this Foreword juxtaposes Minor with two notorious Supreme Court decisions: Dred Scott and Dobbs.

Like Dred Scott, Minor pairs a morally repugnant result with legalistic reasoning. But whereas …

Tortious Interference Revisited, Danielle D'Onfro, Cathy Hwang

Scholarship@WashULaw

Tortious interference with contract has bedeviled legal commentators for over a century. It can provide relief in some situations where straightforward contract breach cannot reach. But these claims have also been derided for threatening competition, at-will employment, free speech, and important guardrails on other private law claims. The doctrine is also difficult to square with theories of efficient contract breach and the long-held view that contracts on their own are not property interests.

Perhaps because of its intellectual awkwardness, tortious interference claims were relatively rare until the twenty-first century. In the last twenty years, the doctrine has exploded in popularity, …

Incitement, Enthusiasm, And The Dangers Of Negligent Protest, John D. Inazu

Scholarship@WashULaw

This Article explores the murky line between protected speech and assembly on the one hand, and harmful incitement on the other. On the occasion of the 100th anniversary of Oliver Wendell Holmes’s dissent in Gitlow v. New York, it explores Holmes’s famous dictum that “every idea is an incitement” as a conceptual starting point. By analyzing the relational and temporal dynamics between speaker and listener, the Article highlights how meaning and effect are often shaped by the listener’s agency and other circumstances beyond the control of the speaker. Two contemporary cases illustrate these dynamics. The first is the Fifth Circuit …

Ten Years And Ten Miles: Reflecting On "Ferguson", Benjamin Levin

Scholarship@WashULaw

This Essay serves as the introduction to a symposium on the ten-year anniversary of Michael Brown's death in Ferguson, Missouri and the subsequent protests and uprisings across the country. The authors look back on the past decade—their own experiences and our experiences as a nation—to consider the impacts of the Ferguson uprisings and the landscape of criminal justice and racial justice advocacy, scholarship, and teaching today. In this Essay, I provide a brief introduction to the Volume and essays that follow. In Part I, I situate the Ferguson uprisings in the broader context of activism responsive to racial injustice in …

Ai Ethics, Law, And Policy, Pauline Kim, Ryan Durrie

Scholarship@WashULaw

AI technologies promise many benefits, but they can also have significant negative impacts on human health, safety, well-being, and fundamental rights. This chapter explores the different governance tools that have been considered for guiding developments in AI in socially beneficial ways, examining the relevance of ethics, law, and policy. Each of these approaches offer tools to address these concerns; however, each has limitations, and none provides a complete solution in itself. Statements of ethical principles can articulate high-level values and goals to guide behavior but are usually quite vague and difficult to operationalize. They also lack any enforcement mechanism. In …

Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton

Scholarship@WashULaw

Borrowing a quotation from Justice Jackson’s influential opinion in West Virginia Board of Education v. Barnette, Professors Linda McClain and James Fleming have named their ambitious and illuminating new book “What Shall Be Orthodox” in Polarized Times. As Justice Jackson wrote in applying the First Amendment to protect school children with familial objections to a required flag salute: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act …

Algorithmic Governance And Nondiscrimination Rights In The Workplace, Pauline Kim

Scholarship@WashULaw

This chapter analyzes existing legal responses to the problem of discriminatory algorithms in the workplace. As firms increasingly rely on algorithms or automated decision systems, a type of artificial intelligence, to manage their workforces, concerns have grown that these tools can systematically exclude historically disadvantaged groups. One response is to rely on traditional anti-discrimination law. These laws clearly prohibit certain forms of algorithmic discrimination; however, the complex, opaque nature of algorithms makes identifying and proving discriminatory harms challenging. Another response looks to broader frameworks of data protection and algorithmic regulation to protect against workplace discrimination. These initiatives are promising, but …

Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022, Dawn Hersey

Electronic Theses & Dissertations (2024 - present)

This dissertation seeks to generate a new perspective of the complicated relationship between actualized policy and stability through looking at Ukraine’s language policies and stability in a mixed manner approach that includes both primary and secondary sources. Russia justified its irridentist activities through claiming to protect Russian nationals within Ukraine’s borders: language policies within Ukraine appear to be a trigger for Russian antagonism. Neither Russian irridentism nor Ukrainian nationalism are being considered as right or wrong in this dissertation: the intent is to highlight trends, patterns, and perceptions in alignment with Ukrainian language policy. This dissertation does not present a …

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …

The Intersection Of Socio-Cultural System And Legislation: Family Protection Laws In Palestine And Gender Equality, Muayad K. Hattab, Fayez A. Mahamid

An-Najah University Journal for Research - B (Humanities)

Arabic and Muslim societies still fear every new proposition or change that could lead to the enhancement of women’s economic liberation or could undermine male domination over women. The social and religious panic associated with the proposed law on “Family Protection Law from Violence” that has been witnessed in Palestine, is a clear illustration of this fear. Objective: The aim of this study is to examine the impact that religious and social culture has on promulgating new laws that are directly connected to issues of women’s rights and gender equality in the Muslim community, where Palestine is the example …

Accommodating Incompetency In Immigration Court, Elizabeth Jordan

Northwestern University Law Review

In criminal law, an individual must be deemed competent to stand trial, yet our immigration courts routinely order the deportation of incompetent noncitizens. A removal proceeding against a noncitizen—where an outcome of deportation often risks life-threatening harm—continues apace even if the noncitizen has been deemed incompetent by the immigration judge. In place of halting proceedings, the immigration judge imposes “safeguards” pursuant to a provision of the immigration code that neither defines nor explains the term. In practice, judges’ application of the term “safeguards” is often absurd. The implications of continuing a proceeding against a noncitizen with a disability affecting competency …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …