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Full-Text Articles in Law and Race

Foreword, Rebecca Odelson, Sharon Lui-Bettencourt Jul 2021

Foreword, Rebecca Odelson, Sharon Lui-Bettencourt

Hastings Race and Poverty Law Journal

No abstract provided.


Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang Jul 2021

Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang

Hastings Race and Poverty Law Journal

Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such denial is not only disingenuous and inaccurate, but also highly detrimental to legal education, perpetuating a system that discourages and devalues the contributions and efforts of minority students.

Learning style preferences are a product of a student’s cultural background. Legal educators who recognize this and adapt their teaching methods to accommodate the modal preferences ...


California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk Jul 2021

California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk

Hastings Race and Poverty Law Journal

While the new composition of the United States Supreme Court has raised speculation about the fate of Roe v. Wade, for millions in America the promise of a patient’s right to choose an abortion is already a distant illusion.** Decades of work by anti-abortion policymakers has resulted in prohibitive state and federal funding restrictions and widespread clinic closures. But clinicians, advocates, and researchers are optimistic about one way to expand access: medication abortion. Known colloquially as “the abortion pill,” medication abortion is poised to significantly increase access for patients everywhere, and particularly for low-income patients and those who live ...


Operating Within Systems Of Oppression, Karissa Provenza Jul 2021

Operating Within Systems Of Oppression, Karissa Provenza

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead Jul 2021

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo Jul 2021

El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo

Hastings Race and Poverty Law Journal

Throughout the course of United States history, there has often been a chasm between our ideals as a country, and our actions. Our foreign policy and immigration policy have been no exception – frequently betraying our stated commitment to democracy, respect for human rights, and protection of the persecuted. This article takes a close look at El Salvador, whose nationals make up a significant number of asylum seekers at our border. Our foreign and immigration policies towards El Salvador are illustrative of that gap between ideals and reality. We supported a brutal military during that country’s civil war, and adopted ...


Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos Jun 2021

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with ...


Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey Apr 2021

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey

Washington and Lee Law Review Online

In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White ...


Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez Apr 2021

Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez

Northwestern Journal of Law & Social Policy

Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID’s racial disparity appears in virus exposure, virus susceptibility, and COVID treatments. This Article makes legal, policy, and race-and-health arguments. Congress has delegated to the United States Trade Representative expansive authority to increase tariffs. This has made PPE supplies casualties of the trade ...


Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang Apr 2021

Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang

Northwestern Journal of Law & Social Policy

Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s ...


Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell Apr 2021

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.


Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner Apr 2021

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.


Restorative Justice, Law, And Healing, Henry J. Shea Apr 2021

Restorative Justice, Law, And Healing, Henry J. Shea

University of St. Thomas Law Journal

No abstract provided.


The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma Apr 2021

The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma

University of St. Thomas Law Journal

No abstract provided.


Restorative Revelations, Monica Cosby, Annalise Buth Apr 2021

Restorative Revelations, Monica Cosby, Annalise Buth

University of St. Thomas Law Journal

No abstract provided.


The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner Apr 2021

The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner

University of St. Thomas Law Journal

No abstract provided.


Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak Apr 2021

Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak

University of St. Thomas Law Journal

No abstract provided.


Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith Apr 2021

Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith

University of St. Thomas Law Journal

No abstract provided.


Keynote Address, Jeanne Bishop Apr 2021

Keynote Address, Jeanne Bishop

University of St. Thomas Law Journal

No abstract provided.


Police Response To Women Of Color And Domestic Violence, Liz Shimoni Apr 2021

Police Response To Women Of Color And Domestic Violence, Liz Shimoni

Criminology Student Work

No abstract provided.


A Corporate Law Rationale For Reparations, Susan S. Kuo, Benjamin Means Mar 2021

A Corporate Law Rationale For Reparations, Susan S. Kuo, Benjamin Means

Boston College Law Review

Should the United States pay reparations to African Americans? A majority of Americans object, arguing that they are not personally responsible for slavery or Jim Crow laws. Their objection is rooted in the principle of ethical individualism, which holds that people can be blamed only for their own actions. This Article contends that the ethical-individualism objection to reparations is misplaced because it assumes that what matters is the culpability of each citizen. This Article argues that like a corporation, the United States is a legal person. Consequently, seeking reparations from the United States does not turn on the guilt of ...


Close Encounters: Mass Incarceration Tactics, Kevin L. Jones Mar 2021

Close Encounters: Mass Incarceration Tactics, Kevin L. Jones

The Journal of Faith, Education, and Community

As a Black man living in America, my Christian faith walk began at an early age. Growing up in a suburban environment, I had several encounters with law enforcement that shaped my belief system. These encounters were and still are a stark reminder that Black boys and men are under attack. Policing negatively impacts Black boys and men when compared to other races of people. I realized that I was in their cross hairs and I was almost consumed by the criminal justice system on many occasions. Through the lens of Critical Race Theory, this work focused on the centrality ...


Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania Mar 2021

Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania

Northwestern University Law Review

The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a much higher rate than the states—more than 60% of U.S. citizen-defendants were detained pending trial by federal courts last year. But federal defendants virtually never fail to appear in court, and they are rarely arrested for new crimes while on pretrial release. And unlike state court systems, cash ...


Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti Mar 2021

Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Continuing Legacy Of The National Origin Quotas, Angela M. Banks Mar 2021

The Continuing Legacy Of The National Origin Quotas, Angela M. Banks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Wells Fargo V. City Of Oakland: A Matter Of Proximate Cause, Shawna Doughman Mar 2021

Wells Fargo V. City Of Oakland: A Matter Of Proximate Cause, Shawna Doughman

Golden Gate University Law Review

President Lyndon B. Johnson saw passage of the Fair Housing Act (“FHA”) to be a fitting tribute to the Reverend Dr. Martin Luther King, Jr., who had just been assassinated. The United States was in turmoil, much as it is today, with cities burning and people divided. The FHA was first introduced by Democratic senator Walter Mondale. The lobbying efforts of Republican senator Edward Brooke, the first Black senator to be elected by popular vote, and Democratic senator Edward Kennedy finally brought this legislation to fruition as Title VIII of the Civil Rights Act of 1968. Senator Mondale remarked, “in ...


Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee Mar 2021

Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee

Michigan Law Review

Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack ...


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2021

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Spring 2021 Race & Justice Task Force Campus Read - Just Mercy, Golden Gate University School Of Law Feb 2021

Spring 2021 Race & Justice Task Force Campus Read - Just Mercy, Golden Gate University School Of Law

GGU Race and Justice Task Force

GGU Law Race & Justice Campus Read event:

Please join the GGU Race & Justice Task Force as we collectively examine how our lives are impacted by race, racism, and economic inequality by reading and discussing books that help navigate our journey towards justice and equity.


Duty And Diversity, Chris Brummer, Leo E. Strine Jr. Feb 2021

Duty And Diversity, Chris Brummer, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

In the wake of the brutal deaths of George Floyd and Breonna Taylor, a slew of reforms from Wall Street to the West Coast have been introduced, all aimed at increasing Diversity, Equity, and Inclusion (“DEI”) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical limitations in their scale, scope and degree of legal obligation and practical effects. In this Article, we provide an old answer to the new questions facing DEI policy, and offer the first close examination of how corporate law duties impel and facilitate corporate attention to diversity. Specifically, we show that ...