Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (440)
- Selected Works (245)
- Seattle University School of Law (131)
- University of Pittsburgh School of Law (79)
- Roger Williams University (74)
-
- University of Colorado Law School (70)
- Touro University Jacob D. Fuchsberg Law Center (69)
- University of Miami Law School (60)
- Columbia Law School (58)
- American University Washington College of Law (56)
- Florida A&M University College of Law (54)
- Washington and Lee University School of Law (49)
- St. Mary's University (44)
- Fordham Law School (43)
- UIC School of Law (43)
- University of North Florida (39)
- University of Pennsylvania Carey Law School (39)
- Northwestern Pritzker School of Law (38)
- Boston University School of Law (33)
- North Carolina Central University School of Law (33)
- St. John's University School of Law (31)
- Maurer School of Law: Indiana University (29)
- University of Maryland Francis King Carey School of Law (29)
- New York Law School (25)
- Georgia State University College of Law (22)
- Texas A&M University School of Law (21)
- William & Mary Law School (21)
- University of Arkansas at Little Rock William H. Bowen School of Law (20)
- Washington University in St. Louis (20)
- Duke Law (18)
- Keyword
-
- Race (365)
- Discrimination (341)
- Civil rights (325)
- Race and law (270)
- Racism (235)
-
- Race discrimination (186)
- Human rights (174)
- Environmental justice (170)
- Equal Protection (167)
- International law (161)
- Environmental racism (157)
- Inter-American Commission on Human Rights (154)
- American exceptionalism (153)
- Cold War (153)
- Right to a healthy environment (153)
- Right to privacy and family life (152)
- Supremacy Clause (152)
- Minorities (150)
- Racial discrimination (133)
- African Americans (124)
- Affirmative action (122)
- United States Supreme Court (112)
- Diversity (104)
- Segregation (99)
- Slavery (87)
- Equality (86)
- Equal protection (83)
- Supreme Court (74)
- Gender (70)
- Voting Rights Act (70)
- Publication Year
- Publication
-
- Faculty Scholarship (196)
- Michigan Law Review (188)
- Articles (155)
- Carmen G. Gonzalez (153)
- Michigan Journal of Race and Law (120)
-
- Seattle University Law Review (108)
- Journal of Race, Gender, and Ethnicity (60)
- Publications (59)
- All Faculty Scholarship (45)
- Life of the Law School (1993- ) (39)
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (38)
- Fordham Law Review (36)
- The Scholar: St. Mary's Law Review on Race and Social Justice (35)
- North Carolina Central Law Review (33)
- Articles in Law Reviews & Other Academic Journals (31)
- University of Miami Race & Social Justice Law Review (31)
- Faculty Publications (28)
- UIC Law Review (27)
- University of Michigan Journal of Law Reform (24)
- School of Law Conferences, Lectures & Events (22)
- Journal Publications (21)
- Northwestern University Law Review (20)
- Book Chapters (19)
- Scholarship@WashULaw (19)
- Law Faculty Research Publications (18)
- Northwestern Journal of Law & Social Policy (18)
- Washington and Lee Law Review (18)
- Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion (17)
- Scholarly Articles (15)
- UIC Law Open Access Faculty Scholarship (15)
- Publication Type
- File Type
Articles 31 - 60 of 2424
Full-Text Articles in Law and Race
The Esg Information System, Stavros Gadinis, Amelia Miazad
The Esg Information System, Stavros Gadinis, Amelia Miazad
Seattle University Law Review
The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.
In this …
Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy
Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy
Seattle University Law Review
Professor Frank Partnoy: This is a marvelous gathering, and it is all due to Chuck O’Kelley and the special gentleness, openness, and creativity that he brings to this symposium. For more than a decade, he has been open to new and creative ways to discuss important issues surrounding business law and Adolf Berle’s legacy. We also are grateful to Dorothy Lund for co-organizing this gathering.
In introducing Stephen Johnson, I am reminded of a previous Berle, where Chuck allowed me some time to present the initial thoughts that led to my book, WAIT: The Art and Science of Delay. Part …
The Structure Of Corporate Law Revolutions, William Savitt
The Structure Of Corporate Law Revolutions, William Savitt
Seattle University Law Review
Since, call it 1970, corporate law has operated under a dominant conception of governance that identifies profit-maximization for stockholder benefit as the purpose of the corporation. Milton Friedman’s essay The Social Responsibility of Business is to Increase Its Profits, published in September of that year, provides a handy, if admittedly imprecise, marker for the coronation of the shareholder-primacy paradigm. In the decades that followed, corporate law scholars pursued an ever-narrowing research agenda with the purpose and effect of confirming the shareholder-primacy paradigm. Corporate jurisprudence followed a similar path, slowly at first and later accelerating, to discover in the precedents and …
Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain
Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain
Seattle University Law Review
The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.
The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …
Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan
Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan
Seattle University Law Review
Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …
Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu
Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu
Seattle University Law Review
Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …
Lethal Immigration Enforcement, Abel Rodríguez
Lethal Immigration Enforcement, Abel Rodríguez
Faculty Publications
Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clinton-era policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths per day. A record 853 border crossers died last year, and the deadliest known transporting incident took place in June 2022, with fifty-one lives lost. In addition, widespread neglect continues to cause loss of life in immigration detention, immigration enforcement agents kill migrants with virtual impunity, and immigration law ensures …
Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman
Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman
Faculty Scholarship
No abstract provided.
After Affirmative Action: Contextual Admissions And The Future Of African American Law School Enrollment, Nathan L. Bennett Fleming
After Affirmative Action: Contextual Admissions And The Future Of African American Law School Enrollment, Nathan L. Bennett Fleming
Oklahoma Law Review
No abstract provided.
Capitalism Stakeholderism, Christina Parajon Skinner
Capitalism Stakeholderism, Christina Parajon Skinner
Seattle University Law Review
Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …
Redistributing Justice, Benjamin Levin, Kate Levine
Redistributing Justice, Benjamin Levin, Kate Levine
Scholarship@WashULaw
This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
Faculty Scholarship
Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.
This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …
Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro
Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro
Washington and Lee Law Review
Several legal scholars have discussed the role of slavery within their own family histories and a growing number of scholars are exploring the successes and strategies of lawyers and Black litigants in freedom suits and other litigation in the United States antebellum South. I build on these literatures with a focus on procedure. In this Article, I analyze procedures involved in a few of my ancestral and personal experiences. Some of the experiences with process involved litigation to be free from slavery while other experiences did not explicitly involve any law. But they all involved process.
Engaging in this practice—marshaling …
Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar
Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar
Life of the Law School (1993- )
No abstract provided.
Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban
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
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
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
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 …
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien
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
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. …
Haiti: Confronting An Immense Challenge, Irwin Stotzky
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 And The Burden Of History, Frédérique Beauvois
Haiti And The Burden Of History, Frédérique Beauvois
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Toward “The Most Freedom”: Decriminalizing Sex Work Alleviates Housing Discrimination And Housing Instability Faced By Sex Workers In New York City, Bianca B. Li
Journal of Law and Policy
While sex work has been incrementally decriminalized in New York City, statutes that criminalize some forms of sex work remain good law in New York City and generate potentially life-altering penalties for sex workers who are arrested or convicted under these laws. This leads to complications for sex workers who seek to rent apartments. The New York City Human Rights Law, the City’s anti-discrimination statute, does not offer explicit protection to sex workers against housing discrimination, and two criminal laws penalize property owners for allowing sex work to occur on or near their premises. This Note explores the shortcomings of …
“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag
“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag
All Papers
On April 3, 2019, Andrea and Attila Kiss tried to board an Air Canada Rouge flight from Budapest to Toronto. Andrea’s sister was ailing, and the couple planned to visit Canada for two months to support her family. Their travel was legitimate and lawful. Their documents were in order. But when they lined up to check in, Andrea made a mental note of a fact that was about to become relevant: as members of the Hungarian Roma community, they were the only racialized people in line.
Andrea and Attila did not reach the check-in counter. They were stopped and pulled …
Black Liberty In Emergency, Norrinda Brown
Black Liberty In Emergency, Norrinda Brown
Northwestern University Law Review
COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.
The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …
Enforcing Equity, Daiquiri J. Steele
Enforcing Equity, Daiquiri J. Steele
Northwestern University Law Review
Federal administrative agencies that enforce workplace laws have dual responsibilities: (1) to prevent or remedy noncompliance with the underlying workplace law and (2) to prevent or remedy noncompliance with the law’s antiretaliation provisions. Disparities based on race, sex, and their intersection exist with respect to both of these types of employer noncompliance, as female workers and workers of color experience more violations of the substantive provisions and the retaliation provisions of these laws. While effective enforcement is vital to preserving workplace regulation as a whole, there is also an equity component to enforcement. Because workplace law violations disproportionately harm women …
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.