Law and Race Commons^™

A Critical Look At The ‘Critical Mass' Argument, Dawinder S. Sidhu

Faculty Scholarship

The Supreme Court's pending ruling in Fisher v. University of Texas at Austin is expected to largely decide how or even whether affirmative action can be used in college admissions. The university's argument for why minority enrollments need to reach a certain threshold, however, is problematic because it is inconsistent with previous court rulings involving race.

The Meaning And Viability Of The Thirteenth Amendment, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Civic Education As An Instrument Of Social Mobility, Dawinder S. Sidhu

Faculty Scholarship

Economic inequality—the relative distance between the wealthy and the poor—is growing in the United States. Relatedly, social mobili-ty—the opportunity to rise economically—has stalled for many in the nation. This is most true for the urban poor, who experience extreme poverty and are trapped in American inner cities. Meaningful economic opportunity and robust public educational support are among the tradi-tionally discussed means by which the urban poor may attain enhanced economic and physical mobility. The question becomes whether civic education—an understanding of the structure and contents of the U.S. Constitution and of the American government more broadly—has any-thing to offer in …

Las Voces De America: Reflecting On Mari Matsuda's Voice, Stories, And Analysis, Margaret E. Montoya

Faculty Scholarship

Professor Matsuda's exhortation to listen to people of color was certainly heard and seized by people of color. It spoke to me personally and inspired me as I was writing my first article, Mascaras, Trenzas y Grerias. Once the multiracial group of scholars that took the name "LatCrit" organized ourselves, we deliberately and intentionally centered our annual conferences around listening to the voices at the bottom, including the local activists in the cities in which we met. We listened to such voices as both method and substance.

San Felipe Pueblo Tribal Court Handbook (2013), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

San Ildefonso Pueblo Tribal Court Handbook (2013), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes

Faculty Scholarship

Dawinder S. Sidhu of the University of New Mexico School of Law writes in with the following comments on the fallout from the shooting at the Sikh Temple at Oak Creek, Wisconsin.

Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu

Faculty Scholarship

In this Article, I argue that the Eleventh Circuit's general legal approach to such religious freedom claims and its support for restrictive inmate grooming standards are no longer sustainable. That is, a substantial and increasing number of jurisdictions have been able to respond to their penological concerns-the same penological interests that undergird and justify the restrictive inmate grooming standards adopted by the states within the Eleventh Circuit-without abridging the rights of inmates to grow their hair in accordance with their respective faiths. Accordingly, I posit that the Eleventh Circuit's jurisprudence must not only be revisited, but replaced with a more …

Brief For National Congress Of American Indians Supporting Plaintiffs-Appellants Motion For Rehearing En Banc, Knight V. Thompson As Amicus Curiae, Dawinder S. Sidhu

Faculty Scholarship

Statement of Issues: Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not demonstrated that the policy actually furthers its asserted compelling government interest. Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not even considered less restrictive means of furthering its asserted compelling interest.

Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion, Dawinder S. Sidhu

Faculty Scholarship

The purpose of this article is to argue that the federal courts’ prevailing interpretation of Title VII with respect to religious attire in the workplace is inconsistent with the law. I maintain that Title VII prohibits employers from either placing employees in the back or refusing to hire individuals with conspicuous articles of faith due to any actual or perceived social discomfort with the employee’s religion-based appearance. I am persuaded of this for two independent reasons. First, placing an employee out of public view does not constitute a “reasonable accommodation” under Title VII because the statute’s general anti-discrimination provision expressly …

The Unconstitutionality Of Urban Poverty, Dawinder S. Sidhu

Faculty Scholarship

This Article argues that the Thirteenth Amendment is a proper federal vehicle for correcting the conditions of the urban underclass. The Amendment, I posit, contemplates federal intervention in the state and local governments' handling of its most troubled areas. Such federal involvement is appropriate because those responsible for these physical areas have not ensured that their residents have the necessary predicates for full and independent participation in society. The Thirteenth Amendment, in other words, supports the federal government's establishment of a minimum floor of economic and educational conditions such that the urban underclass may possess meaningful horizontal and vertical liberty, …

Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson

Faculty Scholarship

In Part I, I present a brief treatment of intersectionality in anti-discrimination law focusing on the distinction between cause of action and remedy. Harm caused by gender or racial discrimination may give rise to causes of action based on equal protection principles." In Part II, I go further and argue that the primary intersectionality problem presented by Title IX is one of remedy. I conclude that the differences in the remedial effects of Title IX result, in part, from unremedied racial discrimination, a conclusion that begins with Professor Jerome Dees's argument that Brown v. Board of Education and anti-discrimination laws …

Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez

Faculty Scholarship

If law schools are to prepare students for the reality of practice, it is useful to help students become aware of cultural issues that can affect client representation by examining the culture that the law school creates. The culture created by faculty, students, administration, and staff will affect the law student's acculturation as a legal professional as well as the law student's psychological well-being. This issue was addressed briefly in Best Practices for Legal Education (Best Practices), but not developed. This essay explores some of the challenges and opportunities of bringing cross-cultural issues into a law school classroom and some …

Brief For Thirteenth Amendment Scholars, United States V. Hatch As Amicus Curiae, Dawinder S. Sidhu

Faculty Scholarship

Like the district court, we conclude that Congress has power under the Thirteenth Amendment to enact § 249(a)(1). Although the Thirteenth Amendment by its terms applies to slavery and involuntary servitude, Supreme Court precedent confirms Congress’s authority to legislate against slavery’s “badges and incidents” as well. In particular, the Supreme Court held in Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)—a case permitting a federal private right of action against private individuals for housing discrimination—that Congress itself has power to determine those badges and incidents.

Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya

Faculty Scholarship

The opening of LatCrit XVI in San Diego, CA, on October 9, 2011, coincided with the events that are identified as the start of the global expression of the Occupy Movement. The Occupy Movement began to gain media attention on September 17, 2011, in Zuccotti Park in New York City. By October 9, protests had taken place or were ongoing in eighty-two countries and over 600 communities in the United States. The broad theme for LatCrit XVI was "Global Justice" and the conference was billed as "an opportunity to explore theories, histories, and futures of global justice. Of particular importance …

Salmon People In An Era Of Depleting Salmon: The Swinomish Indian Tribal Community’S Climate Adaptation Action Plan As A Manifestation Of Tribal Sovereignty, Kelly Davis

Tribal Law Journal

Climate change presents novel challenges to indigenous peoples striving to maintain their place-based subsistence cultures. Climate change is altering physical environments, tribes are experiencing detrimental impacts, and adaptation is necessary to preserve indigenous lifestyles. The Swinomish Indian Tribal Community, a Coast Salish tribe in northwestern Washington State, has taken the initiative in tribal climate change adaptation efforts.

In 2010, the Swinomish Office of Planning and Community Development issued a thorough Climate Adaptation Action Plan, which delineates strategies the vulnerable coastal, salmon-dependent tribe must take. Resilient social systems, like American Indian tribes, are capable of anticipating and planning for the future. …

Soft-Voiced Warrior Song, Donald G. Mcintntyre

Tribal Law Journal

Soft-Voiced Warrior Song is a mixed media construction. The piece started with a basic image of a man’s head, using black acrylic paint on a white canvas. This is to suggest that in the beginning things were, for the most part, black and white. The laws of engagement were simple. It was essential to maintain harmony with one’s environment. Among the Anishinabek, to sustain this balance, the Soft-Voiced-Warrior-Song was employed; this was a way of recognizing your place within the environment to determine if diplomacy or war was the most likely to return unity. Song was a method of listening …

Picuris Pueblo Tribal Court Handbook (2012), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Judicial Selection Methods, Tribal Politics, And Strong Government: Navajo Nation At The Crossroads, Bethany Sullivan

Tribal Law Journal

This article by Bethany Sullivan examines the judicial selection methods of the Navajo Nation and its impact on the Navajo Nation. After surveying the various methods of judicial selection by both the United State and Navajo Nation, the author explores potential changes to the existing selection methods of the Navajo Nation. Ultimately, however, the author argues for the maintenance of the existing selection methods and warns against future efforts to reform the Navajo appointive system.

Northern Cheyenne Tribe: Traditional Law And Constitutional Reform, Sheldon C. Spotted Elk

Tribal Law Journal

This profile by Sheldon C. Spotted Elk examines the U.S. Government's infringement on the Northern Cheyenne's political sovereignty. Most significantly, this profile examines the relationship between the oral history of the Northern Cheyenne and its impact on traditional tribal governance and law. Following the Northern Cheyenne's adoption of a modern constitution, many members fought to continue living under a traditional constitution. Ultimately, the Northern Cheyenne a written IRA compatible constitution while maintaining an oral constitution. The delicate balance allows the Northern Cheyenne to address modern issues while also keeping the fundamental traditional and customary law of the tribe alive.

A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu

Faculty Scholarship

While our soldiers do their job in Iraq and elsewhere, we as members of this society possess our own solemn responsibility to eradicate ignorance and discrimination, and extend social acceptance and respect to all Americans – irrespective of skin color or ethnic origin.

Building On Best Practices–Call For Ideas And Authors, Antoinette M. Sedillo Lopez

Faculty Scholarship

The Clinical Legal Association Best Practices Implementation Committee is planning a follow-up publication to Best Practices for Legal Education by Roy Stuckey and others. The vision of the book is to build on ideas for implementing best practices, and to develop new theories and ideas on Best Practices for Legal Education.

Response Essay: Temporal Variance, Hockey, And The Wartime Constitution, Dawinder S. Sidhu

Faculty Scholarship

In "Let 'em Play: A Study in the Jurisprudence of Sport," Professor Mitch Berman explores the concept of "temporal variance," the notion that sports officials should call infractions less strictly in the last, critical moments of a close match, in order to foster the public impression that the players themselves are responsible for the final outcome of the game. Professor Berman relies on several major sports in support of his argument, though hockey is largely absent from his discussion. It seems to me that an analysis of rules and enforcement in this particular sport reveal the wide-ranging problematics of "temporal …

Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu

Faculty Scholarship

The purpose of this Article is to explain why the D.C. Circuit got it wrong. Part I provides an overview of the facts and relevant law that formed the basis for the decision. Part II shows that the court misapplied the basic factors set forth initially by the Court in Eisentrager and later clarified in Boumediene. Part III contains a proposed framework that reorients and reframes these factors in order to make habeas jurisdiction analyses more workable and consistent with the historical justifications for the writ, separation of powers considerations, and governing case law. Part IV applies this framework to …

Response Essay: Temporal Variance, Hockey, And The Wartime Constitution, Dawinder S. Sidhu

Faculty Scholarship

In “Let ‘Em Play”: A Study in the Jurisprudence of Sport,1 Professor Mitchell Berman offers a thoughtful and engaging defense of the concept of temporal variance, the notion that “some rules of some sports should be enforced less strictly toward the end of close matches.” In support of his position, Professor Berman draws on various professional sports, including tennis, basketball, and baseball. Largely absent as a source of information or subject of the overall discussion is hockey, a sport with which Professor Berman acknowledges he is less familiar. The purpose of this response is to address my concerns with temporal …

A Crisis Of Confidence And Legal Theory: Why The Economic Downturn Should Help Signal The End Of The Doctrine Of Efficient Breach, Dawinder S. Sidhu

Faculty Scholarship

To understand subprime behavior and efficient breaches, it is imperative to first examine the necessary social predicate for economic transactions. Accordingly, Part I will offer an overview of society and the market, highlighting the importance of reciprocity and trust to both. Part II will define the economic transactions implicated by this Article: basic contracting, efficient breach of contract, and the subprime behavior of the current economic crisis. Part III will make explicit the nexus between subprime behavior and efficient breaches by explaining that subprime behavior and efficient breaches are linked by shared elements; they are opportunistic in nature, are interested …