Vanderbilt University Law School
University of Maryland Francis King Carey School of Law
Touro Law Center
University of British Columbia and Canadian Institute for Advanced Research
Cornell Law School
Liberty University
University of Nevada, Las Vegas -- William S. Boyd School of Law
University of Florida Levin College of Law
University of Louisville
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865,
2023
American University Washington College of Law
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter
Articles in Law Reviews & Other Academic Journals
In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality,
2023
University of Baltimore School of Law
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler
Washington and Lee Journal of Civil Rights and Social Justice
Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix,
2023
Penn State Dickinson Law
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts
Dickinson Law Review (2017-Present)
Title IX is a federal law prohibiting sex-based discrimination in any education program or activity that receives federal funding. Congress initially passed Title IX out of concern for sexbased equality in academia. However, Title IX has had significant impacts on athletics, resulting in increased athletic opportunities for females. To be Title IX compliant, institutions must provide equality in athletic participation for both sexes. The Office of Civil Rights provided a three-part test to measure equality in athletic participation. Institutions must satisfy at least one of the three prongs to meet Title IX requirements as they pertain to equality in athletic …
Policy’S Place In Pedestrian Infrastructure,
2023
Penn State Dickinson Law
Policy’S Place In Pedestrian Infrastructure, Michael L. Smith
Dickinson Law Review (2017-Present)
Angie Schmitt’s Right of Way: Race, Class, and the Silent Epidemic of Pedestrian Deaths in America delves into the complex, multi-layered phenomenon of how traffic infrastructure and policies systematically disadvantage pedestrians and contribute to thousands of deaths and injuries each year. Despite the breadth of the problem and its often-technical aspects, Schmitt presents the problem in an engaging and approachable manner through a step-by-step analysis combining background, statistics, and anecdotes. While Right of Way tends to focus on infrastructure design, it offers much for legal scholars, lawyers, and policymakers. Schmitt addresses several policy issues at length in the book. But …
Table Of Contents,
2023
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note,
2023
Washington and Lee University School of Law
Editor's Note, Peyton Holahan
Washington and Lee Journal of Civil Rights and Social Justice
To commemorate the accomplishment of abolition and to look back at Virginia’s long and complicated history with the death penalty, the Journal of Civil Rights and Social Justice’s 2021–2022 Symposium titled Revoking Irrevocable Punishment centered around Virginia’s long, complex, and sorrowful path toward abolition. From February 10 to February 11 of 2021, the Journal organized and moderated seven panels that addressed various components of the death penalty discourse in Virginia, past and present.
The Court And Capital Punishment On Different Paths: Abolition In Waiting,
2023
Harvard Law School
The Court And Capital Punishment On Different Paths: Abolition In Waiting, Carol S. Steiker, Jordan M. Steiker
Washington and Lee Journal of Civil Rights and Social Justice
The American death penalty finds itself in an unusual position. On the ground, the practice is weaker than at any other time in our history. Eleven jurisdictions have abandoned the death penalty over the past fifteen years, almost doubling the number of states without the punishment (twenty-three). Executions have declined substantially, totaling twenty-five or fewer a year nationwide for the past six years, compared to an average of seventy-seven a year during the six-year span around the millennium (1997-2002). Most tellingly, death sentences have fallen off a cliff, with fewer the fifty death sentences a year nationwide over the past …
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options,
2023
rbonnie@virginia.edu
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options, Richard J. Bonnie
Washington and Lee Journal of Civil Rights and Social Justice
In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme Court’s ruling banning execution of persons with intellectual disability and to consider an analogous ban against imposing the death penalty on defendants with severe mental disorders. The Task Force established formal links with the American Psychological Association, the American Psychiatric Association, and the National Alliance on Mental Illness and the final report was approved by the ABA and the participating organizations in 2005 and 2006. This brief article focuses primarily on diminished responsibility at the time …
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer,
2023
Washington and Lee University School of Law
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer, David I. Bruck
Washington and Lee Journal of Civil Rights and Social Justice
This talk was given by Professor David Bruck for the Frances Lewis Law Center at Washington and Lee University School of Law, April, 2002. It is a follow-up to “Does the Death Penalty Matter?,” given by Professor Bruck as the 1990 Ralph E. Shikes Lecture at Harvard Law School.
Climate Discrimination,
2023
Peking University School of Transnational Law
Climate Discrimination, Duane Rudolph
Catholic University Law Review
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …
Amici Curiae Brief Of Law Professors In Support Of Plaintiffs’ Motion For Reconsideration,
2023
Benjamin N. Cardozo School of Law
Amici Curiae Brief Of Law Professors In Support Of Plaintiffs’ Motion For Reconsideration, Andrea Kupfer Schneider
Amicus Briefs
Proposed Amici are law professors and scholars who focus on dispute resolution, and they are concerned that the Court’s ruling in this case may undermine the equitable administration of arbitration and erode public confidence in arbitration. Proposed Amici file this brief to provide additional context regarding the unconscionable designation of NFL Commissioner Roger Goodell as arbitrator for these civil rights disputes.
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story,
2023
St. John's University School of Law
Impacted Communities Leading Authentic Legal Mobilization: A Refugee-Led Access-To-Justice Story, Douglas Smith
Journal of Civil Rights and Economic Development
(Excerpt)
I have a modest proposal to begin addressing the civil access-to-justice problem in the United States: eliminate the barriers for refugees to provide legal representation. In discussions of access to civil justice, immigration and immigrant rights compel our attention—images of children as young as three facing deportation without representation and non-citizens detained because of civil immigration infractions come to mind. But we hear less about the access-to-justice challenges of immigrants fighting for their rights to safe housing, public benefits, education for their children, or often-contingent or under-the-table jobs. The cries of immigrant communities about informal and formal threats from …
A Better Way: Uncoupling The Right To Counsel With The Threat Of Deportation For Unaccompanied Immigrant Children And Beyond,
2023
St. John's University School of Law
A Better Way: Uncoupling The Right To Counsel With The Threat Of Deportation For Unaccompanied Immigrant Children And Beyond, Laura Barrera
Journal of Civil Rights and Economic Development
(Excerpt)
The stakes could not be higher in immigration court—families are separated; people are banished from their communities with little hope of ever legally returning; judges relegate individuals to seemingly arbitrary and indefinite detention in remote locations. Each of these hardships—and more—flow from the threat of deportation. As the Supreme Court noted in 1922, deportation “may result . . . in . . . all that makes life worth living.”
As has been the unfortunate norm in civil proceedings, many individuals face these trials without an attorney by their side because while the law states that respondents in immigration court …
Expanding The Right To Counsel In Eviction Cases: Arguments For And Limitations Of "Civil Gideon" Laws In A Post-Covid 19 World,
2023
St. John's University School of Law
Expanding The Right To Counsel In Eviction Cases: Arguments For And Limitations Of "Civil Gideon" Laws In A Post-Covid 19 World, Jennifer S. Prusak
Journal of Civil Rights and Economic Development
(Excerpt)
With the cost of housing rising nationwide and incomes largely failing to keep pace with this increase, the United States is in the midst of interrelated affordable housing and eviction crises. The housing affordability metric that has long been the bedrock of American housing policy is that households should spend no more than thirty percent of their income on housing. This is no longer an attainable goal for many Americans. By 2017, forty-eight percent of renter households were “rent burdened”—they paid more than thirty percent of their income in rent. Over a quarter of American renters, or 11 million …
Patching The Patchwork: Moving The Civil Right To Counsel Forward With Key Data,
2023
St. John's University School of Law
Patching The Patchwork: Moving The Civil Right To Counsel Forward With Key Data, Maria Roumiantseva
Journal of Civil Rights and Economic Development
(Excerpt)
While the pandemic has exposed many long-standing realities about the United States, the destructive everyday crisis of eviction is top of mind as moratoria have now expired and rental assistance funds dissipate with no anticipated replenishment. Therefore, though this piece addresses legal representation in civil legal proceedings more broadly, we will start with an eviction story.
It can be taken as fact that not too far from where you are reading this piece, a tenant is facing an eviction unrepresented. She cannot afford a private attorney. She is income eligible for legal aid, but the office near her home …
Death By Committee: Reviving Federal Environmental Justice Legislation To Mitigate Disproportionate Impacts On Vulnerable Communities,
2023
Pace University
Death By Committee: Reviving Federal Environmental Justice Legislation To Mitigate Disproportionate Impacts On Vulnerable Communities, Sara Babcock
Pace Environmental Law Review
This Note proposes legislation that provides an avenue for protecting the right to a clean and healthy environment by requiring agencies to consider vulnerable communities before initiating large-scale federal projects. Part I lays out the emergence of environmental justice issues in the United States, including its turning point. Part II introduces both successful and failed attempts at federal environmental justice legislation and analyzes why federal environmental justice legislation continuously fails. Part III dis- cusses how executive environmental justice action becomes pointless to the overall progression of environmental justice and examines President Biden’s progress in the first year of his presidency. …
Elderly Or Disabled Registered Sex Offenders: Are They Experiencing Cruel And Unusual Punishment Under Ohio Sex Offender Classification And Registration Laws?,
2023
University of Cincinnati College of Law
Elderly Or Disabled Registered Sex Offenders: Are They Experiencing Cruel And Unusual Punishment Under Ohio Sex Offender Classification And Registration Laws?, Susana Tolentino
University of Cincinnati Law Review
No abstract provided.
A Vision Of The Anti-Racist Public Corporation,
2023
University of Cincinnati College of Law
A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez
University of Cincinnati Law Review
No abstract provided.
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner,
2023
Seattle University School of Law
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Teamchild, And Washington Association Of Criminal Defense Lawyers In Support Of Petitioner, Jessica Levin, Melissa R. Lee, Robert S. Chang, Fred T. Korematsu Center For Law And Equality, Teamchild, Washington Association Of Criminal Defense Lawyers
Fred T. Korematsu Center for Law and Equality
In re the Personal Restraint of Keonte Smith, Petitioner.
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims,
2023
West Virginia University College of Law
A Road To Resolution For Federal Whistleblowers' Mixed Case Claims, Devin Redding
West Virginia Law Review
Since the birth of the United States, whistleblowers have held our nation’s government accountable for illegal, fraudulent, and harmful behavior. The triumphs and failures of whistleblowers are deeply entwined with our nation’s struggle for independence, civil rights, and economic freedom. Nevertheless, employees who bravely expose misdeeds at all levels of our federal government are often bullied and discriminated against on the basis of sex, gender, age, disability, and more. In recent decades, and despite improved whistleblower protections, federal whistleblowers increasingly suffer from adverse employment actions and discrimination as reprisal for their disclosures. Employees looking toward our administrative law systems and …
