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Civil Rights and Discrimination Commons™

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2023

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Articles 1 - 30 of 561

Full-Text Articles in Civil Rights and Discrimination

Amended Brief Of Amici Curiae Freedom Project, Civil Survival, Fred T. Korematsu Center For Law And Equity, King County Department Of Public Defense, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa Lee, Robert S. Chang, Prachi Dave, Ronald A. Peterson Law Clinic, Katherine Hurley, Brian Flaherty, Mark Middaugh Dec 2023

Amended Brief Of Amici Curiae Freedom Project, Civil Survival, Fred T. Korematsu Center For Law And Equity, King County Department Of Public Defense, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa Lee, Robert S. Chang, Prachi Dave, Ronald A. Peterson Law Clinic, Katherine Hurley, Brian Flaherty, Mark Middaugh

Center for Civil Rights and Critical Justice Advocacy

No abstract provided.


Code And Prejudice: Regulating Discriminatory Algorithms, Bernadette M. Coyle Dec 2023

Code And Prejudice: Regulating Discriminatory Algorithms, Bernadette M. Coyle

Washington and Lee Law Review Online

In an era dominated by efficiency-driven technology, algorithms have seamlessly integrated into every facet of daily life, wielding significant influence over decisions that impact individuals and society at large. Algorithms are deliberately portrayed as impartial and automated in order to maintain their legitimacy. However, this illusion crumbles under scrutiny, revealing the inherent biases and discriminatory tendencies embedded in ostensibly unbiased algorithms. This Note delves into the pervasive issues of discriminatory algorithms, focusing on three key areas of life opportunities: housing, employment, and voting rights. This Note systematically addresses the multifaceted issues arising from discriminatory algorithms, showcasing real-world instances of algorithmic …


’Tis The Season: Tale Of The Three Unwise Women, Jethro K. Lieberman Dec 2023

’Tis The Season: Tale Of The Three Unwise Women, Jethro K. Lieberman

Other Publications

No abstract provided.


Vega V. Tekoh And The Erosion Of Miranda: A Reframing Of Miranda As A Procedural Due Process Requirement, Tess A. Chaffee Dec 2023

Vega V. Tekoh And The Erosion Of Miranda: A Reframing Of Miranda As A Procedural Due Process Requirement, Tess A. Chaffee

University of Cincinnati Law Review

No abstract provided.


Section 230 As Civil Rights Statute, Enrique Armijo Dec 2023

Section 230 As Civil Rights Statute, Enrique Armijo

University of Cincinnati Law Review

Many of our most pressing discussions about justice, progress, and civil rights have moved online. Activists advocating for social change no longer need to be in the same physical space to connect with others who share their challenges and aspirations. But the convergence of mobility, connectivity, and technology is not the only reason why. Thanks to Section 230 of the Communications Decency Act’s (“Section 230”) immunity for online platforms, websites, and their hosts, speakers can engage in speech about protest, equality, and dissent without fear of collateral censorship from governments, authorities, and others in power who hope to silence them. …


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.


A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad Dec 2023

A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad

American Indian Law Journal

The General Allotment Act of 1887 divided Indian reservations into smaller plots for the supposed benefit of individual Indians. Today, these allotments are severely fractionated, with some 160-acre plots having as many as a thousand owners. Since allotment, Congress has repeatedly attempted to solve this problem. However, only the Cobell Land Buy-Back Program has made any sizeable impact on fractionation levels. This paper examines the fractionation problem and the Cobell Program. Now that the Cobell Program has ended in November 2022, this paper argues that Congress must quickly reauthorize a similar program or fractionation will soon exceed pre-Cobell levels.


Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg Dec 2023

Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg

American Indian Law Journal

“In order for law to have an influence in the lives of ordinary people, it must have something to do with the emotional feelings of justice, it must speak to our basic humanity, and it must give us common sense directions as to what behavior and beliefs are right and wrong"


Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, Brian Candelaria Dec 2023

Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, Brian Candelaria

American Indian Law Journal

“The teepee is much better to live in;

always clean, warm in winter, cool in summer; easy to move. The white man builds his big house, cost much money, like big cage, shut out sun, can never move; always sick. Indians and animals know better how to live than white man; nobody can be in good health if does not have all the time fresh air, sunshine, and good water.”

- Chief Flying Hawk[1]

In 2019, I opened my submission for the Sovereignty Symposium’s Doolin Award with the statement above. The entry was accepted and reprinted in the American …


Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser Dec 2023

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Letter To Our Readers, Mecca Wilkinson Dec 2023

Letter To Our Readers, Mecca Wilkinson

DePaul Journal for Social Justice

No abstract provided.


Disinfecting The Criminal Legal System Of Punitive Deterrence, Joseph Dole Dec 2023

Disinfecting The Criminal Legal System Of Punitive Deterrence, Joseph Dole

DePaul Journal for Social Justice

No abstract provided.


Public Interest Burnout: Seven Factors That Increase The Risk, Sandra Simkins Dec 2023

Public Interest Burnout: Seven Factors That Increase The Risk, Sandra Simkins

DePaul Journal for Social Justice

No abstract provided.


The Constitutional Ambition Of Black Liberation, Paul A. Gowder Dec 2023

The Constitutional Ambition Of Black Liberation, Paul A. Gowder

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, Mecca Wilkinson Dec 2023

Table Of Contents, Mecca Wilkinson

DePaul Journal for Social Justice

No abstract provided.


Titles And Pronouns In The Academy: Academic Freedom And In-Class Speech Pursuant To Classroom Management, Michael K. Park Dec 2023

Titles And Pronouns In The Academy: Academic Freedom And In-Class Speech Pursuant To Classroom Management, Michael K. Park

DePaul Journal for Social Justice

No abstract provided.


Women Seldom Make History And Tradition: Patriarchal Originalism In Dobbs, Anna Greer Dec 2023

Women Seldom Make History And Tradition: Patriarchal Originalism In Dobbs, Anna Greer

DePaul Journal for Social Justice

No abstract provided.


A Silent New Threat To The Trans Community: The Unregulated Use Of Ai Without Public Consent Raises Ethical Concerns, Eduardo Salazar Uribe Dec 2023

A Silent New Threat To The Trans Community: The Unregulated Use Of Ai Without Public Consent Raises Ethical Concerns, Eduardo Salazar Uribe

Capstones

Abstract:

The unregulated use of artificial intelligence (AI) without public consent has raised ethical concerns, particularly affecting marginalized communities such as transgender individuals. This project, based on interviews with 34 transgender people, explores the impact of AI on historically marginalized minorities, emphasizing the urgent need for an ethical and legal framework. This research reveals instances of discrimination and challenges faced by transgender individuals at various stages, from border control to airport security, highlighting the limitations and biases of AI in recognizing diverse gender identities. Trans rights activists, and AI experts remark the importance of inclusivity in AI development and regulation. …


Haiti: Confronting An Immense Challenge, Irwin Stotzky Dec 2023

Haiti: Confronting An Immense Challenge, Irwin Stotzky

University of Miami Inter-American Law Review

This article analyzes the history of Haiti, from its origins as a slave colony of France, which was the richest colony in the Americas, to its war of independence leading to the first Black independent nation in the Americas, to its economic re-enslavement under the power of France and then the United States. The article discusses the great harm the French caused the Haitian people by imposing through force a ransom of billions of dollars that has led Haiti to its present position of being on the brink of becoming a failed state, with all of the disastrous consequences for …


Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban Dec 2023

Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban

University of Miami Inter-American Law Review

This article discusses Haiti’s efforts to seek restitution from France for the “Double-Debt” imposed in 1825. After Haiti gained independence in 1804 following a slave revolt, France threatened to invade and re-enslave the Haitian people if they did not pay compensation to French slave owners for their lost “property.” This became known as the Double-Debt, as French and American banks profited by converting the debt into high-interest loans. In 2003, on the 200th anniversary of Haitian hero Toussaint Louverture’s death, Haiti’s president Jean-Bertrand Aristide announced his intention to demand repayment from France. This sparked retaliation from France and Haiti’s elite, …


Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl Dec 2023

Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl

University of Miami Inter-American Law Review

No abstract provided.


Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova Dec 2023

Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova

University of Miami Inter-American Law Review

Haiti’s claim for restitution of the debt coerced by France in exchange for Haiti’s 1804 independence has unique legal advantages that can open the door to broader reparations for the descendants of all people harmed by slavery. But in order to assert the claim, Haiti first needs help reclaiming its democracy from a corrupt, repressive regime propped up by the powerful countries that prospered through slavery and overthrew the Haitian President who dared to assert his country’s legal claim. This article explores Haiti’s Independence Debt, and the fight for restitution of it, in the context of two centuries of continued …


Haiti And The Indemnity Question, Alex Dupuy Dec 2023

Haiti And The Indemnity Question, Alex Dupuy

University of Miami Inter-American Law Review

1) Haiti did not agree to pay an indemnity to France in 1825 because it feared a war with its former colonial power. In 1814, France sent envoys to Haiti to demand that King Henry Christophe, who controlled the north of Haiti, and President Alexandre Pétion, who controlled the south and west, resubmit to French sovereignty. Christophe had that envoy arrested and jailed. Pétion, on the other hand, offered to pay an indemnity to France to compensate the former colonial property owners in return for France’s official recognition of Haiti’s independence.

2) Jean-Pierre Boyer succeeded Pétion as president of the …


Haiti And The Burden Of History, Frédérique Beauvois Dec 2023

Haiti And The Burden Of History, Frédérique Beauvois

University of Miami Inter-American Law Review

No abstract provided.


The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien Dec 2023

The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien

University of Miami Inter-American Law Review

No abstract provided.


The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani Dec 2023

The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani

University of Miami Inter-American Law Review

International human rights law was developed with the underlying philosophy that all human beings are born free and equal in dignity and rights. However, since its development, we have seen a vast number of human rights violations persist with no recourse. The War on Gangs in El Salvador is just one example of this. This Note examines the history of the War on Gangs in El Salvador, the tumultuous political landscape that has spurred as a result, and how political efforts to address gang violence have been used as a tactic to strip Salvadorans of their fundamental rights and dignity. …


How The 2020 Protests Raises The Issues Of Policing Tactics, Brianna Knibbs Dec 2023

How The 2020 Protests Raises The Issues Of Policing Tactics, Brianna Knibbs

Capstones

With the 2020 Racial protests spreading all across the United States in the wake of the killing of George Floyd, the issues of police tactics used against protesters have raised a lot of questions on how it plays a role into the systematic police racism. In addition to the challenges for those who try to sue police departments.


The Pima County Jail In A “State Of Full-Blown Crisis”: Inmate Deaths Four Times The National Average, Natalie Robbins Dec 2023

The Pima County Jail In A “State Of Full-Blown Crisis”: Inmate Deaths Four Times The National Average, Natalie Robbins

Capstones

Last year, 12 inmates died in custody at the Pima County Jail in Tucson, Arizona. With a 10-year average jail population of 1,827, that is a per capita rate of 656.8 deaths per 100,000 inmates.

According to the most recent data from the Bureau of Justice Statistics, the 2019 national local jail mortality rate was 167 deaths for every 100,000 inmates, making the Pima County Jail’s 2022 per capita death rate nearly four times as high as the national average in 2019.

In a December 2022 memo to the Pima County Board of Supervisors, Pima County Sheriff Chris Nanos wrote …


Masthead Dec 2023

Masthead

University of Miami Race & Social Justice Law Review

No abstract provided.


Front Matter And Table Of Contents Dec 2023

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.