Law and Society Commons^™

Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy

LSU Law Journal for Social Justice & Policy

No abstract provided.

Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort

LSU Law Journal for Social Justice & Policy

No abstract provided.

Faculty

LSU Law Journal for Social Justice & Policy

No abstract provided.

Masthead

LSU Law Journal for Social Justice & Policy

No abstract provided.

Table Of Contents

LSU Law Journal for Social Justice & Policy

No abstract provided.

Cover

LSU Law Journal for Social Justice & Policy

No abstract provided.

The Racial Politics Of Fair Use Fetishism, Anjali Vats

LSU Law Journal for Social Justice & Policy

No abstract provided.

“A Time To Train” The Next Generation Of Legal Professionals To Become Culturally Competent While Practicing Humility, Deleso A. Alford

LSU Law Journal for Social Justice & Policy

No abstract provided.

Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai

Shorter Faculty Works

Beyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights.

Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell

University of Miami Race & Social Justice Law Review

For years, Black people have been forced to place extra thought into their appearance, especially in the workplace. Extra thought and extra effort all to avoid being looked down upon as unkept or unprofessional. Finally, there is a wave of legislation being introduced and passed to rectify this problem. While strides are being made, there is still much work to be done. The amount of work left to be done is illustrated by a slew of unfavorable federal cases brought in the face of discrimination against Black hair and hairstyles. This paper explores one of those cases as well as …

How To Protect Special Education During Covid-19: From The Courts To The Capitol, Sarah Coleman

University of Miami Race & Social Justice Law Review

The COVID-19 pandemic has forced students around the country out of brick-and-mortar schools and into virtual classrooms. While the switch to remote learning has helped keep students and teachers safe from contracting the virus, students with disabilities have largely been deprived of a meaningful education and in person services mandated under federal law. This essay will explain how students have been denied a free appropriate public education (FAPE) under the Individuals with Disabilities Act (IDEA), how litigation has been unsuccessful in creating systemic change for these students, and how public policy by U.S. legislators can offer a solution.

Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo

University of Miami Race & Social Justice Law Review

Children are often regarded as the most sacred beings in all of society—appealing to our collective sense of human dignity and protecting the most vulnerable. Mothers fiercely protecting their young children from perceived dangers is ostensibly a natural and moral response. This notion of the loving mother is in stark contrast to filicide, or the act of a parent murdering their child. It is a bedrock principle of the American criminal-justice system that a defendant is not responsible for their actions if the defendant was “laboring under such a defect of reason, from a disease of the mind, as not …

Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie

University of Miami Race & Social Justice Law Review

This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon’s scholarship on colonial violence and the dehumanization of Indigenous people as a framework to understand the history of legalized racism against Indigenous people in the United States. Fanon’s analysis allows us to understand how language is used to dehumanize Native people in order to establish a system of hierarchy that informs the societal roles of the colonizer and the colonized. The paper …

Closing The Gates To Racial Parity: Venture Philanthropy’S Perpetuation Of Racial Disparities In The Educational Sphere, Lauren Silk

University of Miami Race & Social Justice Law Review

In the decades-long rise of neoliberalism, venture philanthropy has emerged as a respected solution towards addressing reforms to public education. Private foundations such as the Bill and Melinda Gates Foundation have led the charge for education development in the United States. However, the infusion of private donations and adoption of business models to a public good have not improved educational outcomes. This article addresses the role of venture philanthropy in reinforcing racial and economic disparities in educational resources and attainment through the lens of Gates Foundation initiatives. Specifically, the article dissects the role of neoliberalism in crafting education policies through …

Mutual Liberation: The Use And Abuse Of Non–Human Animals By The Carceral State And The Shared Roots Of Oppression, Michael Swistara

University of Miami Race & Social Justice Law Review

The carceral state has used non–human animals as tools to oppress Black, Indigenous, and People of the Global Majority (BIPGM) for centuries. From bloodhounds violently trained by settlers to aid in their genocidal colonial project through the slave dogs that enforced a racial caste system to the modern deployment of police dogs, non–consenting non–human animals have been coopted into the role of agents of oppression. Yet, the same non– human animals are themselves routinely brutalized and oppressed by the carceral state. Police kill several thousands of family’s companion dogs every year in the United States. Law enforcement agencies train animals …

The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya

Department of Political Science: Dissertations, Theses, and Student Research

Iraq has had a long history of human rights violations since its inception as a modern state in 1921. This is true especially under the personalistic dictatorship of Saddam Hussein. Under his regime, the Iraqi people suffered a consistent pattern of gross violations of internationally recognized human rights, including political imprisonment, torture, and summary and arbitrary executions. This regime used a variety of mechanisms to squelch political dissent, including house-to-house searches; arbitrary arrests, often in large numbers; surveillance; harassment and questioning of family members; detention of targeted individuals, such as those returning to Iraq pursuant to amnesties, at unknown locations; …

Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo

Buffalo Law Review

Many commentators express concern that democracy in the United States is under threat, whether from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all. Against this background, this Article argues that the Supreme Court’s treatment of procedural rights for determining standing—the key that opens the door to federal court—is an overlooked factor in contributing to democratic erosion. According to the Court, violation of a congressionally conferred procedural right that does not safeguard some separate, non-procedural, concrete interest of plaintiff—a “procedural right in …

A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback

Electronic Theses and Dissertations

Stephen F. Austin State University was once the pride and joy of the city of Nacogdoches, Texas. When the Texas State Legislature began to look for a location for their new state normal school, the people of the East Texas town fought to have it built there and the Stephen F. Austin Teacher’s College opened its doors in September 1923 to a proud community. Through the trials and tribulations of early twentieth century events, the school managed to stay afloat and grow in numbers. Dr. Ralph W. Steen became the president of the college in 1958 and he oversaw a …

Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Property, Bas Van Der Vossen

Philosophy Faculty Books and Book Chapters

"This chapter discusses the nature and value of property rights. It will explain (1) what property rights are, (2) the relationship between private property and economic development, and (3) some objections to structuring societies around such rights. This discussion throughout focuses on the decentralizing nature of private property rights, asking what implications it has from a philosophical, but also social and political, point of view."

Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain

Shorter Faculty Works

Protesters on both sides of the abortion debate descended on the US Supreme Court Monday night and into Tuesday after a leaked secret draft of a US Supreme Court opinion indicated that a majority of justices support overturning Roe v. Wade, after almost 50 years of legalized abortion rights in America. If finalized, possibly as soon as this summer, the bombshell could trigger a cultural tsunami across American life, forcing some women to travel to another state for an abortion and putting the divisive issue at the heart of the fall midterm elections.

Designing An Americans With Abilities Act: Consciousness, Capabilities, And Civil Rights, Laura C. Hoffman, Zachary E. Shapiro, Allison Rabkin Golden, Gregory E. Antill, Katherine Fang, Chaarushena Deb, Elizabeth Clarke, Alexis Kallen, Hanya M. Qureshi, Kai Shulman, Caroline V. Lawrence, Megan S. Wright, Joseph J. Fins

Law Faculty Articles and Essays

The Americans with Disabilities Act (ADA) is a seminal piece of legislation aimed at protecting those with disabilities from discrimination. The ADA, however, has not been consistently able to integrate people with disabilities successfully into society. With a specific focus on individuals with serious brain injuries, this Article aims to provide insight into the shortcomings of the ADA, specifically focusing on lackluster enforcement of the legislation and its failure to incorporate promising new technologies. These limitations of the ADA are made even more clear in light of the evolution occurring in the understanding of rights and capabilities. As such, the …

Combating Recidivism, Shaylin Daley

Senior Honors Projects

SHAYLIN DALEY (Psychology) Combating Recidivism Sponsor: Lisa Holley (Political Science) Many people believe that criminals cannot be helped. It is evident that at least some of society shuns people who break laws and have negative views about the amount of money spent on detaining inmates. Thousands of individuals are released from United States prisons a day. Many of these individuals have no plan in place for their return home and are sent into the streets with nothing except for a jail ID. Most of these people will end up returning to prison. A good sum of these people face problems …

Maybe We Don't Need To Find Waldo After All: Why Preventing Voter Fraud Is Not A Compelling Interest, Brandon T. Goldstein

William & Mary Bill of Rights Journal

This Note takes the position, counter to established jurisprudence, that the prevention of voter fraud is not a compelling state interest that can independently justify restrictions on the right to vote. It will seek to do so through two mechanisms. First, it will argue that the right to vote is unjustifiably treated differently than other rights by courts, using a comparison to the Second Amendment right to bear arms. Second, it will argue that current jurisprudence holding the prevention of voter fraud to be a compelling interest misunderstands the inherent means-ends distinction in voting rights standards. The prevention of voter …

Redressing The Past To Repair The Present: The Role Of Property Law In Creating And Exacerbating Racial Disparities In Wealth And Poverty In Nova Scotia, Melissa Marsman

LLM Theses

For over 200 years African Nova Scotians have been fighting to confirm legal title to the land on which their ancestors were settled. In 2020, the Nova Scotia Supreme Court remarked “the lack of clear title and the segregated nature of their land triggered a cycle of poverty for black families that persisted for generations.” Nova Scotia has a long history of obscure land titles; however, the ensuing cycle of poverty appears to have disproportionately impacted African Nova Scotians. This thesis reframes the African Nova Scotian land titles discourse into a broader understanding about systemic anti-Black racism and White supremacist …

Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji

PhD Dissertations

Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …

"I Don't Work For Free": The Unpaid Labor Of Child Social Media Stars, Amber Edney

University of Florida Journal of Law & Public Policy

Today, some of the biggest child stars are not getting their start on the silver screen. Instead, they are finding success through their (or their parent’s) smartphones. The explosion of social media over the past few years has created a new type of child star: the kid influencer or “the kidfluencer.” These children appear alone or alongside their families to discuss child’s clothing, toys, and other family-related topics. If they gain enough followers, they may be able to monetize their social media accounts and obtain sponsorships from big brands such as Walmart and Mattel. Even though the method of achieving …

Splitting Heirs: How Heirs' Property Continues The Legacy Of Challenges To The Accumulation Of Wealth For Black Americans, Ryan Cook

University of Florida Journal of Law & Public Policy

When people die without executing estate planning instruments, their real property is divided to their heirs as tenants in common. Property owned in this arrangement is called heirs’ property. The issues associated with heirs’ property are compounded when several generations pass without proper estate planning, and interest in the real property becomes highly fractionated. African Americans are more likely to die without wills, so the risks of heirs’ properties are disproportionally felt by people of color. One threat to heirs’ property arises when third parties buy out one heir’s share to force a partition sale. The Uniform Partition of Heirs …

Minimum Wage Enforcement: The Unfinished Business Of Florida's Constitutional Amendment, Alexis P. Tsoukalas, Jenn Round, Janice Fine, Daniel J. Galvin

University of Florida Journal of Law & Public Policy

Prior to 2004, Florida was one of seven states without its own minimum wage. In 2004, state voters overwhelmingly passed a ballot initiative that enshrined the right to a state minimum wage in Florida’s Constitution. In 2020, voters passed a second ballot initiative that gradually raises Florida’s minimum wage to $15 per hour. Despite bipartisan voter support, the Authors found that since 2004, the State has taken no formal actions to enforce Florida’s minimum wage law. Further, the Authors’ analysis of U.S. Census data demonstrated that amid the failure of State enforcement, minimum wage violations rose dramatically, disproportionately impacting women, …

Specialized Judicial Empowerment, Zhiyu Li

University of Florida Journal of Law & Public Policy

Specialized courts have emerged as a useful addition to courts of general jurisdiction in the contemporary world. These courts allocate judicial resources by assigning complex and technical cases to specialized judges and resolve social problems through legal and nonlegal remedies. Countries around the world recognize the benefits of entrusting a specialized judiciary in alleviating generalist courts’ dockets, delivering high-quality judgments, and advancing the consistency of law. In the United States, specialized benches have been established at both the federal and state levels. In recent decades, Europe has also experienced steady growth in judicial specialization.

In 2014, the People’s Republic of …