Civil Rights and Discrimination Commons^™

Unpacking The 2024 Minnesota Era Language: A Litigator's Perspective, Jess Braverman

Mitchell Hamline Law Review

No abstract provided.

War Courts: Fdr, National Security, And The War On Terrorism, Harvey Gee

Dickinson Law Review (2017-Present)

No abstract provided.

The Method Is The Message: Movement Law And The Social Change Commons, Raymond H. Brescia

Dickinson Law Review (2017-Present)

Legal scholars have long sought to understand the relationship between social movements and the law. A new group of such scholars has argued that to better understand this relationship, and to advance social change that is effective, sustainable, equitable, and just, they must engage in dialogue with such movements to generate ideas that will catalyze that change. For those interested in generating ideas that can spark meaningful and lasting social change, such developments in legal scholarship represent an exciting evolution in the relationship between legal scholarship, legal scholars, and social movements: a relationship that appears to be growing stronger, deeper, …

Lewd, Rude, Obscene, And… Violent? Analyzing Student Clothing Depicting Firearms Under The First Amendment’S Obscenity Test, Luke Gorman

Dickinson Law Review (2017-Present)

Today’s national news and social media have repeatedly exposed our school-age children to the effects of shootings occurring within their schools and communities. Each shooting brings with it commentary, sometimes from the students themselves. While in-school student speech is more limited than speech levied in the outside world, students do not shed their speech rights at the “schoolhouse gate.” As a result, courts have failed to outline a consistent approach for when a student will be punished for wearing a shirt depicting a firearm to school. This Comment addresses this delicate balance by proposing a consistent three-part test framed by …

Dobbs V. Brown, Benjamin H. Barton

Dickinson Law Review (2017-Present)

Dobbs v. Jackson Women’s Health Organization1is the most important and impactful Supreme Court decision since at least Roe v. Wade, and potentially since Brown v. Board of Education. Past survey data show that most Americans can only name two Supreme Court opinions: Roe and Brown. Dobbs will surely join that list. This Article compares the history, drafting, and opinions of Dobbs and Brown to show what a missed opportunity Dobbs represents. Regardless of whether you agree or disagree with the opinion, it should be clear that Dobbs was one of those unique times (like that of Brown) where the Court …

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Scholarly Works

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …

Enforced Colorblindness, Goldburn P. Maynard Jr.

Washington and Lee Law Review

The time for race consciousness is over, and the era of enforced colorblindness is upon us. The dawn of this new age is troubling because it closes the door on effective strategies to achieve racial justice, including efforts to grant federal reparations. This Article analyzes the areas in which courts have invalidated race-conscious measures, with a particular focus on recent racial equity efforts by the Biden Administration. Rather than treating the loss of race consciousness exclusively as a loss to the movement for equality, this Article argues for a silver-lining approach. While court-led efforts to remedy the effects of slavery …

Booze, Bars, And Bias: Anti-Blackness In Liquor Licensing Enforcement, Angela E. Addae

Washington and Lee Law Review

This Article explores the disharmonious and disturbing influence of race in the enforcement of liquor licenses. Across the length and breadth of this nation, attentive Black revelers bear witness to an all-too-familiar trend signified by the disproportionately frequent closures of Black entertainment businesses. This Article argues that the punitive disposition toward Black entertainment businesses is not just a contemporary phenomenon; rather, it is a set of practices rooted in centuries of exclusion and regulatory abuse.

Over the past two centuries, state liquor licensing agencies have emerged as contentious battlegrounds where legal, social, and economic factors converge—often to the detriment of …

The Resurgence Of Massive Resistance, Danielle Wingfield

Washington and Lee Law Review

“Massive Resistance” to equal access to good quality public education is resurging across the nation. First employed by segregationists in Virginia, Massive Resistance spread across the South to oppose school desegregation. This extreme push to suppress equitable education occurred most notably post-Brown. Although 2024 marked Brown’s seventieth anniversary, Massive Resistance is again surging. In fact, the last few years have witnessed increasing resistance to publicly funded education. Some areas where anti-public education resistance strategies have manifested include political rhetoric around Critical Race Theory, library censorship, and renewed parental rights debates.

To devise the most effective response to …

Legislating Morality: The Historical Consequences Of The Mann Act On The American Public, Chance J. Harper

Wyoming Law Review

The Mann Act, officially titled the “White Slave Traffic Act of June 25 1910,” was a product of a time of immense social, ethnic, and political change. The Mann Act was presented as the solution to “white slavery”— an imagined crisis where white-American girls were forced into prostitution. This crisis was attributed to the influx of traditionally “othered” ethnic groups, which shocked the nation and prompted sweeping action by politicians to protect white-American values and culture in the name of stopping forced prostitution. In addition to perceived threats to American values, fears of immigrant power as a voting block and …

Social Murder And The Antisocial Contract, Marissa Jackson Sow

Law Faculty Publications

Social murder is widely understood as the reckless and calculated killing by the State of people who are considered surplus and thus made redundant by the State. It is not merely an outcome, however; social murder, is an antidemocratic process, and—certainly as it is manifesting in the United States under the second Trump Administration—is also an anti-constitutionalist project aimed at destroying society, eliminating social goods, and renegotiating an American social contract that is, definitionally, antisocial. Social murder is as much about the elimination of social life as it is about the interruption of physical life. And it is fueled by …

Promoting Public Health And Public Safety By Ending The Exclusion Of Incarcerated Children From Access To Medicaid, Eduardo R. Ferrer

Georgetown Law Faculty Publications and Other Works

This essay is a response to Professor Den Houter's article entitled Children are Not Inmates in which she effectively calls eliminating the exclusion of indigent incarcerated children from Medicaid coverage pursuant to the Medicaid Inmate Exclusion Policy (MIEP). This essay affirms and builds upon Professor Den Houter's recommendation. Part I of this response provides additional support for why ensuring system-involved youth receive timely, uninterrupted, high-quality behavioral health services is critical to improving both public health and public safety. Part II analyzes the benefits and risks attendant to excluding indigent incarcerated children from the MIEP. Part III proposes the implementation of …

Rev. Dr. Martin Luther King, Jr. Celebration Lecture January 24, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Curbing Harmful Force: Mandatory Jiu-Jitsu Training For Police, Mason Arent

Public Interest Law Reporter

No abstract provided.

From Choice To Justice: Examining The Intertwined Oppression Of Abortion Restriction And Family Policing, Casey Callahan

Public Interest Law Reporter

No abstract provided.

The Cbp One App: A Virtual Manifestation Of The American Government's Failure To Uphold Its Moral And Legal Obligations To Asylum Seekers, Joseph Choe

Public Interest Law Reporter

No abstract provided.

Terrorizing Who? Luigi Mangione's Terrorism Charge And The Threat To Capital, Julia Hopkins

Public Interest Law Reporter

No abstract provided.

Ignored By The Legislature, Failed By The Courts: The Uncertain Path Toward Relief For Youth Sex Offenders In Illinois, Lindsay Nicholas

Public Interest Law Reporter

No abstract provided.

No Child Left Behind: Individualized Active Shooter Drill Planning As A Requirement Of A Free, Appropriate Public Education, Anna Patton

Public Interest Law Reporter

No abstract provided.