Law and Race Commons^™

Free-Ing Criminal Justice, Bennett Capers

Michigan Law Review

A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux

Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek

Dickinson Law Review (2017-Present)

Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men—who just six years earlier were enslaved and barred from testifying in Southern courts—appeared before Congress to tell their stories. The stories were heartbreaking. After experiencing the joy of Emancipation and the initial hope of Reconstruction, they had been subjected to unspeakable horror at the hands of white terrorists. They had been raped and sexually humiliated. Their children and spouses murdered. They had been savagely beaten …

Unqualified Immunity And The Betrayal Of Butz V. Economou: How The Supreme Court Quietly Granted Federal Officials Absolute Immunity For Constitutional Violations, Patrick Jaicomo, Anya Bidwell

Dickinson Law Review (2017-Present)

Qualified immunity has been the subject of well-deserved scorn in recent years as a legal mechanism that shields government officials from constitutional accountability. But its shadow has hidden another mechanism that provides an unqualified immunity from constitutional accountability. That de facto absolute immunity extends to federal officials in all but a vanishingly few contexts where claims are still permitted under the 1971 Supreme Court decision Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. But it was not always that way. In its 1978 decision Butz v. Economou, the Supreme Court permitted Bivens claims to proceed against …

Bringing History Home: Strategies For The International Repatriation Of Native American Cultural Property, Alec Johnson

Dickinson Law Review (2017-Present)

The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation—the return of these cultural objects to their tribal owners. Unfortunately, many countries have been unsupportive of repatriation attempts and Native Americans seeking the return of their cultural items face nearly insurmountable barriers in foreign courts. The U.S. government has a moral imperative to assist Native American tribes in these repatriation efforts. The debate over repatriation is defined …

School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg

South Carolina Law Review

No abstract provided.

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich

Cardozo International & Comparative Law Review

The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.

Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray

William & Mary Law Review

In recent years, a new narrative associating reproductive rights with the eugenics movement of the 1920s has taken root. As this narrative maintains, in the 1920s, Margaret Sanger, a pioneer of the modern birth control movement, joined forces with the eugenics movement to market family planning measures to marginalized minority communities.

Although the history undergirding this narrative is incomplete and misleading, the narrative itself has flourished as the debate over the continued vitality of reproductive rights has unfolded in the United States. Indeed, in just the last three years, a member of the United States Supreme Court and a number …

How Racism Persists In Its Power, Deborah N. Archer

Michigan Law Review

A Review of The Fire Next Time. By James Baldwin.

Community Lawyering In Resistance To Neoliberalism, Jeena Shah

Michigan Law Review

A Review of An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings.

Shining A Bright Light On The Color Of Wealth, A. Mechele Dickerson

Michigan Law Review

A Review of The Whiteness of Wealth: How the Tax System Impoverishes Black Americans—and How We Can Fix It . By Dorothy A. Brown.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

Hostile Shores: Racial Exclusion Laws And The West Coast, Brendan Williams

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and ongoing racial exclusion laws on the West Coast, focusing on California, Oregon, and Washington. It argues that despite their progressive reputation, these states have a legacy of discriminatory laws targeting Chinese, Black, and Japanese populations, which has led to enduring racial inequities that persist today.

Bans With No Bite: Why Racial Profiling Bans Are Unable To Create Racial Justice In Policing, Rebecca Yin

Cardozo Law Review

No abstract provided.

Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold

Faculty Scholarship

Since the fall of 2020, right-wing forces have targeted Critical Race Theory ("CR T') through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of "Backlash Bills" designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill's moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet …

Why Do You Care About My Hair? A Proposal For Remedying Hair Discrimination In The Workplace On A Federal Level, Grayson Moronta

Cardozo Law Review

No abstract provided.

Dedication: Center On Asian Americans And The Law, Kamala Harris

Fordham Law Review

Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans— not as the “other,” not as “them,” but as “us.” From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn about the role of Asian Americans and the law. Accordingly, I write to recognize the historic launch of the Center on Asian Americans and the Law at Fordham University School of Law—the first of its kind in the country. Its founding is both timely …

“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin

Fordham Law Review

The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this country, a …

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson

University of Cincinnati Law Review

No abstract provided.

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd Clark, Caleb Gregory Conrad, Amy Dunn Johnson

Law Faculty Scholarship

The reality that traumatic childhood experiences are directly linked to negative health outcomes has been known and widely recognized in public health and clinical literature for more than two decades. Adverse Childhood Experiences (“ACEs”) represent the “single greatest unaddressed public health threat facing our nation today” according to Dr. Robert Block, former President of the American Academy of Pediatrics.

ACEs are traumatic events that occur in early childhood, which can range from abuse and neglect to experiences derived from household and community dysfunction, such as losing a caregiver, being incarcerated, or living with a household member suffering from mental illness. …

Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell

Richmond Public Interest Law Review

In a series of decisions concerning child defendants, the United States Supreme

Court has embraced the understanding, based on adolescent brain

development, that the legal system must recognize children are different than

adults concerning criminal culpability and sentencing. That recognition, culminating

in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity

for thousands of individuals across the country, initially sentenced

to death-in-prison sentences when they were minors, to gain a meaningful

opportunity for release. These cases permanently banned mandatory life sentences

for children. In Virginia, the legislature now allows reconsideration

of these cases through hearings before the parole …

This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron

Richmond Public Interest Law Review

This article utilizes an intersectional approach to examine the causes and

realities of the dismal state of pregnancy-related healthcare in the United

States, highlighting the disparate impact on Black pregnant people. The

enslavementand brutalization of Black women in the U.S. demonstrates how

American society systematically devalues Black health, especially reproductive

health. The impacts of this horrific history persist today, resulting in the

American healthcare system utterly failing Black mothers and pregnant people

of all gender identities. This article surveys this history and presents policy

solutions to improve maternal health outcomes for all, but especially

Black individuals, including proposed pieces …

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Doing Better For Indigenous Children And Families: Jordan’S Principle Accountability Mechanisms Report, Naiomi Metallic, Hadley Friedland, Shelby Thomas

Reports & Public Policy Documents

In Part 1 of this report, we attempt to summarize the long history that forms the context of the need for independent accountability measures to meaningfully address the discrimination identified by the CHRT in Caring Society and prevent similar practices in the future. Drawing from this context, in Part 2, we set out what we identify as 10 key accountability needs of Indigenous children and families that must be addressed in order to provide effective accountability. Finally, in Part 3, we discuss features of effective accountability mechanisms and propose three interconnected mechanisms that we believe address the accountability …

Law School News: 'Why I Know Anti-Blackness Doesn't Define Ketanji Brown Jackson' 03-22-2022, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones

Northwestern University Law Review

Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …

Integrating Doctrine And Diversity Speaker Series: Making Changes, Making Mistakes 03-02-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act, Carly E. Zipper

Washington Law Review

As John Lewis said, “[the] vote is precious. Almost sacred. It is the most powerful non-violent tool we have to create a more perfect union.” The Voting Rights Act (VRA), likewise, is a powerful tool. This Comment seeks to empower voters and embolden their advocates to better use that tool with an improved understanding of its little-known protection against voter intimidation, section 11(b).

Although the term “voter intimidation” may connote armed confrontations at polling places, some forms of intimidation are much more subtle and insidious—dissuading voters from heading to the polls on election day rather than confronting them outright when …

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …

Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson

Articles & Chapters

This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both longstanding and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other. Events over the last year have put this question into sharp relief. On the one hand, portions of the general public and at least some policymakers have signaled support for the demands of racial justice activists to reduce and eliminate systemic racism after too many tragedies …