'Who' Or 'What' Is The Rule Of Law?,
2021
Wayne State University Law School
'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter
Law Faculty Research Publications
The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …
Pathological Racism, Chronic Racism & Targeted Universalism,
2021
Indiana University Maurer School of Law
Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice. We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological racism, that limits its capacity for addressing the fundamental restructuring that racial justice requires. We suggest, in a manner that might be viewed as counterintuitive, that targeted universalist remedies might be more effective to address long term racial inequality but might also be …
Foreword,
2021
St. Mary's University School of Law
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.
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford,
2021
St. Mary's University School of Law
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
The Scholar: St. Mary's Law Review on Race and Social Justice
A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …
Undocumented Domestic Workers: A Penumbra In The Workforce,
2021
St. Mary's University School of Law
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Fee Simple Failures: Rural Landscapes And Race,
2021
University of Nebraska College of Law
Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker
Michigan Law Review
Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of …
The Right To Counsel In Illinois: Evaluation Of Adult Criminal Trial-Level Indigent Defense Services,
2021
Seattle University School of Law
The Right To Counsel In Illinois: Evaluation Of Adult Criminal Trial-Level Indigent Defense Services, Sixth Amendment Center, The Defender Initiative
Fred T. Korematsu Center for Law and Equality
The Right to Counsel in Illinois: Evaluation of Adult Criminal Trial-Level Indigent Defense Services
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens,
2021
St. Mary's University School of Law
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County,
2021
St. Mary's University School of Law
The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Role Of Justice In The Constitution: The Case For Social And Economic Rights In Comparative Perspective,
2021
Benjamin N. Cardozo School of Law
The Role Of Justice In The Constitution: The Case For Social And Economic Rights In Comparative Perspective, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Visible Policing: Technology, Transparency, And Democratic Control,
2021
Texas A&M University School of Law
Visible Policing: Technology, Transparency, And Democratic Control, Hannah Bloch-Wehba
Faculty Scholarship
Law enforcement has an opacity problem. Police use sophisticated technologies to monitor individuals, surveil communities, and predict behaviors in increasingly intrusive ways. But legal institutions have struggled to understand—let alone set limits on—new investigative methods and techniques for two major reasons. First, new surveillance technology tends to operate in opaque and unaccountable ways, augmenting police power while remaining free of meaningful oversight. Second, shifts in Fourth Amendment doctrine have expanded law enforcement’s ability to engage in surveillance relatively free of scrutiny by courts or by the public. The result is that modern policing is not highly visible to oversight institutions …
Maximizing #Metoo: Intersectionality & The Movement,
2021
Georgetown University Law Center
Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
Although women of color experience high rates of harassment and assault, the #MeToo movement has largely left them on the margins in terms of (1) the online conversation, (2) the traditional social movement activity occurring offline, and (3) the consequential legal activity. This Article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework and, …
(Re)Framing Race In Civil Rights Lawyering,
2021
Boston University School of Law
(Re)Framing Race In Civil Rights Lawyering, Angela Onwuachi-Willig, Anthony V. Alfieri
Faculty Scholarship
A review of Henry Louis Gates, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow (Penguin Press, 2019). The Review proceeds in four parts. Part I parses Gates’s analysis of the rise of white supremacist ideology and the accompanying concept of the “Old Negro” during the Redemption era and the countervailing emergence of the concept of a “New Negro” culminating in the Harlem Renaissance. Part II examines the lawyering process as a rhetorical site for constructing racialized narratives and racially subordinating visions of client, group, and community identity through acts of representing, prosecuting, and defending people of …
The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says,
2021
University of New Orleans
The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano
LSU New Orleans Theses and Dissertations
The Federalist Society was organized in 1982 by conservative law students to counteract what they perceived to be a liberal bias in law schools, the courts, and government administration. Forty years later there is an acknowledgement of a rightward turn in the Supreme Court which scholars have attributed in part to the efforts of the Federalist Society. However, there is still little understanding of just how that change came about. This dissertation takes a step toward understanding that question. Viewing the Federalist Society as the center of a network of lawyers, think tanks, and legal institutions, I examine the influence …
Rebalancing Bracker Forty Years Later,
2021
Illinois State University
Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure
American Indian Law Journal
This Article examines forty years of federal and state courts’ application of the Bracker balancing test, which considers whether a state tax is preempted when assessed against a non-Indian on tribal land. First, this Article chronicles the history and progression of the Bracker balancing test in the Supreme Court. Second, this Article cross-tabulates judicial findings of no preemption with key characteristics of all lower court state taxation decisions that cite Bracker. Third, this Article reports the results of regression analyses that reveal lower courts were less likely to find preemption of cigarette taxes, more likely to find state fuel …
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota,
2021
University of Iowa College of Law
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
American Indian Law Journal
No abstract provided.
Unqualified? Investing In Qualified Opportunity Zones On Reservations,
2021
Seattle University School of Law
Unqualified? Investing In Qualified Opportunity Zones On Reservations, Ben Gibson
American Indian Law Journal
This paper evaluates the impact of qualified opportunity zones, created by the Tax Cuts and Jobs Act of 2017, on Indian reservations. The former Chairman of the Council of Economic Advisers hailed the qualified opportunity zone program as the part of the TCJA of which he was most proud. But the program has not benefited all intended beneficiaries equally. The author of this paper collects data about the presence of qualified opportunity zones on Indian reservations. Compared to other areas designated as qualified opportunity zones, Indian Reservations were disproportionately underinvested in. The author evaluates the comparative lack of qualified opportunity …
Case Law On American Indians,
2021
Seattle University School of Law
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country,
2021
DePaul University
Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country, Mary T. Hannon
American Indian Law Journal
Violence against indigenous women in the United States is unprecedented. This violence is aggravated by the fact that indigenous women are often unable to obtain justice for the crimes against them due to a complex jurisdictional scheme that ignores the inherent authority of the First Nations. This scheme is the product of centuries of white bias – perpetuated by contemporary legislators and the judiciary – that treats the First Nations and tribal courts as inferior. In the context of Congress’s recent attempt to expand protection for indigenous women in the Violence Against Women Reauthorization Act of 2019, this Note will …
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements,
2021
University of Denver College of Law
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements, Christopher M. Macneill
American Indian Law Journal
This article after a brief introduction which describes the Inuit of Canada and their administrative segmentation by the territorial and provincial boundaries of the Yukon Territory, Northwest Territory, Nunavut Territory, Province of Quebec and the Province of Labrador. While arguably the Inuit are also considered to have traditionally used the northern regions of other provinces this study will focus on the present governance organizational framework assigned via Inuit Land Claims with Canada. The formation of Canada in 1867 and the subsequent partitioning of the Yukon and Nunavut from the Northwest Territory, and the addition of the Northern Quebec (Ungava Bay …
