Law and Race Commons^™

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown

Faculty Scholarly Works

The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States—including in access to justice, housing, health care, employment, and education—have produced predictably disparate results. The authors, law school clinicians and professors involved with medical-legal partnerships, discuss the lessons learned by employing a health justice framework in teaching students to address issues of health inequity during the pandemic. The goal of health justice is to eliminate health disparities that are linked …

Bleeding From The Holes In The Theory: How Flawed Deterrence In Federal Tort Claims Enables Police Brutality, Andrew Reisman

Cardozo Journal of Equal Rights & Social Justice

The note argues that federal tort laws, particularly the Federal Tort Claims Act (FTCA) and Bivens actions, are ineffective in deterring police brutality due to structural flaws that prevent individual accountability. It proposes reforms to strengthen these legal mechanisms and promote transparency and accountability within federal law enforcement agencies.

Integrating Doctrine & Diversity Speaker Series: Book Release Kick Off Celebration 09-15-2021, Roger Williams University School Of Law, City University Of New York School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law Schools, Law Firms Must Share Responsibility For Diversity, A. Benjamin Spencer

Popular Media

Law schools and law firms must partner to ensure that a pipeline of underrepresented students apply to law school and receive the professional development support they need to remain and advance at firms, William & Mary Law School Dean A. Benjamin Spencer says. Those who make, interpret, and apply the law must reflect the full range of human experiences, thought, and insight into the human condition, he says.

Foreword: Humanity, Dignity, And Grace, Brant J. Hellwig

Washington and Lee Law Review

Commentary from Dean Brant Hellwig of the Washington and Lee University School of Law on the 2020-2021 Annual Lara D. Gass Symposium celebrating Hon. Roger L. Gregory, Chief Judge of the U.S. Court of Appeals for the Fourth Circuit, and this special issue of the Law Review featuring scholarship relating to that event.

Law School News: Rwu Law Introduces Required Course On Race And The Law 06/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Nava Wins Inaugural Judicial Fellowship 06/23/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Foreword, Patricia E. Roberts

The Scholar: St. Mary's Law Review on Race and Social Justice

Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Soft-Shoe And Shuffle Of Law School Hiring Committee Practices, Carliss N. Chatman, Najarian R. Peters

Scholarly Articles

It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices. We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use this Essay as a “tool for exposing, analyzing, and challenging the majoritarian stories of racial privilege.”

Our specifc intention is to recognize the largely performative nature of claiming to be committed to an idea while substantively and concretely ensuring the opposite. This Essay is written with specific experiences, patterns, and practices in …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Diverse Magazine Interviews Sonia Gipson-Rankin: Law Schools Respond To The Movement For Social Justice, Sonia Gipson Rankin, Pearl Stewart

Faculty Scholarship

At the University of New Mexico Law School, Professor Sonia Gipson Rankin describes three activities organized in spring 2020 to address the national protest movement – a virtual teach-in; a social justice book club; and a startup student organization, Law Students for Equity & Inclusion. The teach-in included a panel of professors and students who discussed police killings of African Americans, the U.S. history of racial violence, protest and related topics.

Rankin notes that relevant courses such as “Race and the Law,” “Indian Law” and “Refugee Law” were regularly being offered at the UNM School of Law for decades and …

17th Annual Diversity Symposium 04-08-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Paid To Play: College Athletes Face Off With The Ncaa In The High Court, Heyman Center On Corporate Governance, Cardozo Antitrust Society, Cardozo Business Law Society, Cardozo Labor And Employment Law Society, Cardozo Sports Law Society, Hiba Hafiz, Glen Nager, Josh Mendelsohn, Daniel Lust

2020–2021 Flyers

No abstract provided.

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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.

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

Law Library Newsletters/Blog

No abstract provided.

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 of …

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

Law Library Newsletters/Blog

No abstract provided.

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams

Seattle University Law Review

Introductory Remarks.

Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow

Seattle University Law Review

Marissa Jackson Sow’s “Whiteness as Contract.”

Closing Remarks, Dontay Proctor-Mills

Seattle University Law Review

Closing Remarks.

Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky

Seattle University Law Review

This Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.

We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to …

On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez

Faculty Scholarship

This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.

The Racial Architecture Of Criminal Justice, I. Bennett Capers

Faculty Scholarship

One of the pleasures of contributing to symposia—especially symposia where each contribution is brief—is the ability to engage in new explorations, test new ideas, and offer new provocations. I do that now in this essay about race, architecture, and criminal justice. I begin by discussing how race is imbricated in the architecture of courthouses, the quintessential place of supposed justice. I then take race and architecture a step further. If we think of architecture expansively—Lawrence Lessig’s definition of architecture as “the physical world as we find it” comes to mind—then it becomes clear that race is also imbricated in the …

Microaggressions, Questionable Science, And Free Speech, Edward Cantu, Lee Jussim

Faculty Works

The topic of microaggressions is hot currently. Diversity administrators regularly propagate lists of alleged microaggressions and express confidence that listed items reflect what some psychologists claim they do: racism that is, at the very least, unconscious in the mind of the speaker. Legal academics are increasingly leveraging microaggression research in theorizing law and proposing legal change. But how scientifically legitimate are claims by some psychologists about what acts constitute microaggressions? The authors—one a law professor, the other a psychologist—argue that the answer is “not much.” In this article, the authors dissect the studies, and critique the claims, of microaggression researchers. …