Civil Rights and Discrimination Commons^™

Cancer Alley And The Fight Against Environmental Racism, Idna G. Castellón

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dear Courts: I, Too, Am A Reasonable Man, Marvel L. Faulkner

Pepperdine Law Review

There has been an ongoing debate regarding police-on-Black violence since the dawn of the United States police force. At every stage, the criminal justice system has had a monumental impact on the plight of the Black American community. The historical roots of racism within the criminal justice system have had adverse effects on the Black American psyche. Emerging research suggests that the upsurge in reporting police-on-Black violence—including videos shot from pedestrian camera phones and uploaded to multimedia platforms and historical accounts of the agonizing treatment Black Americans have experienced beginning with Slave Patrols—has affected individualized behavior during interactions with police …

The More Things Change, The More They Stay The Same: Online Platforms And Consumer Equality, Anne-Marie Hakstian, Jerome D. Williams, Sam Taddeo

Pepperdine Law Review

Title II of the Civil Rights Act, along with its counterpart state laws, have protected the rights of racial minorities in the United States for decades. Section 1981 has guaranteed contract rights for all people, regardless of race, since 1868. But times are changing. Racial discrimination claims against 21st century technology companies face challenges when brought under existing laws. Even the relatively current Communications Decency Act (CDA) is unhelpful to consumers attempting to seek redress from online platforms. In this article, we analyze the only cases of consumer discrimination brought against providers of the sharing economy and highlight some of …

The Case For Replacing The Independent Intermediary Doctrine With Proximate Cause And Fourth Amendment Review In § 1983 Civil Rights Cases, Amanda Peters

Pepperdine Law Review

Plaintiffs who file claims under § 1983 of the Civil Rights Act encounter a strange blend of civil rights, tort, and criminal procedure laws. When civil rights plaintiffs sue officers and government agencies for violations of their Fourth Amendment rights, federal courts may cut off liability using qualified immunity, but they may also use a lesser-known defense of sorts called the independent intermediate doctrine. When courts permit officers to raise both qualified immunity and the doctrine, the two defensive theories provide officers something akin to absolute immunity. The doctrine treats judges, prosecutors, grand jurors, and fact finders as superseding agents …

Substance Use As A Second Class Disability: A Survey Of The Ada's Disarmament Of Individuals In Recovery, Ryan Schmitz

Maine Law Review

The Americans with Disabilities Act and Fair Housing Act are landmark statutes that afford essential protections to individuals with disabilities in the foundational areas of everyday life. Despite their recognition of substance use disorders as disabilities, these statutes deny protection to individuals who are either in active use or in the early stages of their recovery. This Article explores the dangers posed by the “current use exception” and surveys the case law to determine the extent of the harms done to individuals with disabilities who seek to vindicate the rights purportedly guaranteed to them by the Americans with Disabilities Act …

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …

Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

No abstract provided.

Defeat But Not Ignominy: The New Orleans Afro-Creoles Behind Plessy V. Ferguson, Paul Kinny

Undergraduate Research (Journal)

No abstract provided.

On American Demagoguery To National Security, Jennifer Brumfield

University of Cincinnati Law Review

No abstract provided.

Police Reform Through A Power Lens, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

#Fortheculture: Generation Z And The Future Of Legal Education, Tiffany D. Atkins

Michigan Journal of Race and Law

Generation Z, with a birth year between 1995 and 2010, is the most diverse generational cohort in U.S. history and is the largest segment of our population. Gen Zers hold progressive views on social issues and expect diversity and minority representation where they live, work, and learn. American law schools, however, are not known for their diversity, or for being inclusive environments representative of the world around us. This culture of exclusion has led to an unequal legal profession and academy, where less than 10 percent of the population is non-white. As Gen Zers bring their demands for inclusion, and …

American Civil Liberties Union Files Amicus Brief In Standing Rock Thunderhawk Litigation, Columbia Center For Contemporary Critical Thought

Columbia Center for Contemporary Critical Thought

New York, February 2, 2021 — Yesterday, the American Civil Liberties Union (ACLU), together with its North Dakota affiliate (ACLU of ND), filed an amicus curiae brief in support of the Thunderhawk plaintiffs in the U.S. Court of Appeals for the Eighth Circuit. Amicus Curiae or “friend of the court” briefs are filed by third parties with an interest in the litigation, and can carry significant weight with the court when submitted by organizations with expertise in an issue salient to the case — such as with the ACLU and free speech.

The ACLU brief centers on the key issue …

The Scales Of Reproductive Justice: Casey’S Failure To Rebalance Liberty Interests In The Racially Disparate State Of Maternal Medicine, Mallori D. Thompson

Michigan Journal of Race and Law

Despite the maternal medicine crisis in the U.S., especially for Black women, legislatures are challenging constitutional abortion doctrine and forcing women to interact with a system that may cost them their lives. This Article proposes that because of abysmal maternal mortality rates and the arbitrary nature of most abortion restrictions, the right to choose an abortion is embedded in our Fourteenth Amendment right to not be arbitrarily deprived of life by the State. This Article is a call to abortion advocates to begin submitting state maternal mortality data when challenging abortion restrictions. The call for attention to life was central …

Are We Still Not Saved? Race, Democracy, And Educational Inequality, Lia Epperson

Scholarly Articles in Law Reviews & Journals

Thirty-four years ago, in his seminal book, "And We Are Not Saved: The Elusive Quest for Racial Justice," Derrick Bell provided a critical view of American history and constitutional jurisprudence to illustrate the challenges the United States faces in reaching true equality. In his enlightened observations about the structure of our republic, Bell refers to “the American contradiction.” To see true progress toward meaningful equality, he contends, we must reckon with the challenging truth of our history—that we are a nation founded on this “constitutional contradiction”... In his work, Professor Bell argued that this American contradiction, “shrouded by myth,” serves …

Acquisition Of Nationality By Foreign Women Married To Emirati Nationals In Accordance With The Amendments To The Nationality Act Of 2017, Dr. Ziad Khalifa Al-Anzi

UAEU Law Journal

This study deals with the special and general requirements for the acquisition of a foreign woman married to an Emirati citizen in accordance with the amendments to the Nationality Law of 2017. The study is divided into two sections: The first devoted to the special requirements for obtaining the UAE nationality, and the second to the general requirements for acquisition and loss of nationality.

The study ended with many results, the most important of which are: The wording of the texts on the subject of the study is inaccurate and needs to be reviewed, these provisions did not include some …

Religious Exemptions As Rational Social Policy, Justin W. Aimonetti, M. Christian Talley

University of Richmond Law Review

In its 1963 decision Sherbert v. Verner, the Supreme Court interpreted the Free Exercise Clause to permit religious exemptions from general laws that incidentally burdened religious practice. Sherbert, in theory, provided stringent protections for religious freedom. But those protections came at a price. Religious adherents could secure exemptions even if they had no evidence the laws they challenged unfairly targeted their religious conduct. And they could thereby undermine the policy objectives those laws sought to achieve. Because of such policy concerns, the Court progressively restricted the availability of religious exemptions. In its 1990 decision Employment Division v. Smith …

Discovering Racial Discrimination By The Police, Alison Siegler, William Admussen

Northwestern University Law Review

For decades, it was virtually impossible for a criminal defendant to challenge racial discrimination by the police or prosecutors. This was because in United States v. Armstrong, 517 U.S. 456 (1996), the Supreme Court set an insurmountable standard for obtaining discovery in support of a selective prosecution claim. Equating the roles of prosecutors and law enforcement officers, lower courts applied this same standard to claims alleging racial discrimination by the police. This high standard led courts to deny discovery and stifle potentially meritorious claims. Recently, criminal defendants have initiated a wave of challenges to “fake stash house” operations, in which …

A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar

DePaul Journal for Social Justice

No abstract provided.

A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young

DePaul Journal for Social Justice

No abstract provided.

The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak

DePaul Journal for Social Justice

No abstract provided.