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Full-Text Articles in Law and Race
Who Can Protect Black Protest?, Brandon Hasbrouck
Who Can Protect Black Protest?, Brandon Hasbrouck
Scholarly Articles
Police violence both as the cause of and response to the racial justice protests following George Floyd’s murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and federal agents for constitutional rights violations create a further barrier to relief. Courts have only recognized damages as a remedy for such abuses in limited contexts against federal employees under the Bivens framework. The history of Black protest movements reveals the violent responses police have to such challenges …
The Chief Justice And The Page: Earl Warren, Charles Bush, And The Promise Of Brown V. Board Of Education, Todd C. Peppers
The Chief Justice And The Page: Earl Warren, Charles Bush, And The Promise Of Brown V. Board Of Education, Todd C. Peppers
Scholarly Articles
In October Term 1954, the Supreme Court heard oral arguments regarding the implementation of the Brown decision. The resulting opinion is commonly referred to as “Brown II.” In his unanimous opinion, Chief Justice Earl Warren ordered local school districts to desegregate their schools “with all deliberate speed.” Supporters of immediate integration were dismayed by the vague language, which ultimately allowed southern states to use a variety of tactics to deliberately evade and resist the Court’s mandate that public schools be desegregated.
What has been forgotten in the discussion of Brown II and the “all deliberate speed” standard is that …
Black Women And Voter Suppression, Carla Laroche
Black Women And Voter Suppression, Carla Laroche
Scholarly Articles
Black women who are eligible to vote do so at consistently high rates during elections in the United States. For thousands of Black women, however, racism, sexism, and criminal convictions intersect to require them to navigate a maze of laws and policies that keep them from voting. With the alarming rate of convictions and incarceration of Black women, criminal law intersects with civil rights to bar their involvement in the electoral process. This voting ban is known as felony disenfranchisement, but it amounts to voter suppression.
By reconceptualizing voter suppression based on criminal convictions through the experiences of Black women’s …