Looking Inward: Building A Restorative Legal Aid Agency,
2023
James B. Moran Center for Youth Advocacy
Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich
Public Interest Law Reporter
No abstract provided.
What To The Marginalized Person Is The American Dream,
2023
Florida A&M University College of Law
What To The Marginalized Person Is The American Dream
Florida A & M University Law Review
I will organize this Note around three themes Douglass articulated in his speech. These themes, which remain timely and relevant over 170 years later, are (1) the importance of attending to those most impacted by injustices; (2) the responsibility of each of us to address the injustices we see in the world around us; and (3) the practice of remaining hopeful in the face of what, at times, may feel like daunting circumstances. I will structure this Note around these three themes as I consider what the American Dream means for marginalized persons. Throughout, I will weave in examples of …
The Anti-Woke And The Black American (Waking) Dream,
2023
Florida A&M University College of Law
The Anti-Woke And The Black American (Waking) Dream
Florida A & M University Law Review
This essay, though not a direct transcript, is based largely upon the keynote address given by the author on February 24, 2023, at the “The American Dream Belongs to All of Us” Symposium sponsored by the Florida A&M University (FAMU) Law Review and the FAMU Hispanic American Law Student Association (HALSA) at FAMU College of Law. The author joyfully acknowledges that her remarks are likely impermissible under the so-called Stop-W.O.K.E. Act that is currently being challenged in court by members of the FAMU College of Law community.
Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard,
2023
Florida A&M University College of Law
Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard
Florida A & M University Law Review
This note asserts that exclusionary zoning and housing based on income or economic standing can have a disparate impact on race. The disparate impact standard of the Fair Housing Act of 1968, 42, U.S.C.S § 3601 et seq., used in the Texas Department of Housing and Community Affairs v. Inclusive Communities, does not do enough to aid plaintiffs in bringing claims where there is a racial disparity in housing. Part One of this paper will discuss the Federal policies that historically contributed to the wealth gap that exists on the basis of race, the legacy of these policies, and how …
School Curriculum: The Sigmatic Harm To Students And The Responsibility Of Congress To Act Again,
2023
Florida A&M University College of Law
School Curriculum: The Sigmatic Harm To Students And The Responsibility Of Congress To Act Again
Florida A & M University Law Review
When Brown was decided, the Supreme Court felt that it could not trust the States to encourage and facilitate equality on its own, which was proven true in the subsequent, decades-long resistance against integration following the Brown II mandate. Once again, the States cannot be trusted to move towards equality and away from backward community norms and bias without federal intervention. This is currently being exemplified by states like Florida—explicitly banning public schools from teaching Critical Race Theory. The Supreme Court does not seem willing to extend Brown any further, but the federal government may encourage and facilitate curriculum equality …
The American Dream Belongs To All Of Us: Latinos And Jamaican Americans Experience Cultural Genocide By American Assimilation,
2023
Florida A&M University College of Law
The American Dream Belongs To All Of Us: Latinos And Jamaican Americans Experience Cultural Genocide By American Assimilation
Florida A & M University Law Review
Racism in the United States has had a detrimental effect on the Latino and Jamaican experience in this country; affirmative action can be used to promote acculturation rather than assimilation. Part I of this article will explore the origins of the American Experiment as the creation of a country with freedom and democracy and how the benefit of those rights has never been given to racialized minorities without a struggle and fight. Part II explores Supreme Court cases that deal with discrimination issues in America and highlights how the solution to the forced assimilation of diverse cultures cannot be found …
The Roots Of The Problem: How The Crown Act Could Remedy The Inadequacies Of Title Vii Hair Discrimination Protections In The Entertainment Industry,
2023
Florida A&M University College of Law
The Roots Of The Problem: How The Crown Act Could Remedy The Inadequacies Of Title Vii Hair Discrimination Protections In The Entertainment Industry
Florida A & M University Law Review
This article will examine the inadequacies of Title VII of the Civil Rights Act of 1964 (“Title VII”) as it relates to hair discrimination in the entertainment industry and how the “Create a Respectful and Open Workplace for Natural Hair” (“CROWN”) Act could help to alleviate those inadequacies. Title VII fails to acknowledge the connection between hair texture/ protective styles and race. The entertainment industry exploits the failures of Title VII when casting African American women for television and film roles. Industry executives have been known to ask actresses to mute or exaggerate their blackness through different requests for their …
Silencio: The Hispanic/Latino Reticent Approach To Racism,
2023
Florida A&M University College of Law
Silencio: The Hispanic/Latino Reticent Approach To Racism
Florida A & M University Law Review
Many Latinos dream of coming to America in search for a better way of life but instead are faced with discrimination based on where they come from, the language they speak, and the pigmentation of their skin. Racial discrimination is one of the most ever-present issues in the United States of America today. Some look at discrimination and believe that it has been “fixed” through our political and judicial processes. However, others know that discrimination is still alive and prominent today. Today, discrimination has manifested itself differently –it is discreet and indirect but still prominent in the daily lives of …
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment,
2023
University of Richmond - School of Law
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
Law Student Publications
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
When Dirty Data Leads To Dirty Policing,
2023
University of Richmond - School of Law
When Dirty Data Leads To Dirty Policing, Madison Blevins
Law Student Publications
"On May 25th, 2020, George Floyd was tragically killed by police officers in Minneapolis. While George Floyd’s death was the shock that catapulted the Black Lives Matter (“BLM”) movement to the center of international attention, it was also just the tip of the iceberg. Floyd’s death was not the first death of a black person at the hands of the police, nor would it be the last. “A black person is killed by a police officer in America at a rate of more than one [person] every other day.” These repeated incidents across the country have ignited a mass movement …
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground,
2023
University of Colorado Law School
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr
Publications
Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because …
The Private Enforcement Of National Security,
2023
University of Colorado Law School
The Private Enforcement Of National Security, Maryam Jamshidi
Publications
The private enforcement of public law is a central feature of the American administrative state. As various scholars have argued, the federal government depends upon private parties to enforce public laws through litigation in order to achieve the government’s regulatory objectives. This scholarship has, however, largely overlooked the phenomenon of private enforcement in the national security arena. This Article seeks to describe and analyze national security’s private enforcement for the first time. In doing so, it explores what national security’s private enforcement reveals about the costs of private enforcement more broadly. In particular, this Article identifies an important downside to …
Driver Immunity Laws: Why They Are More Dangerous Than You Think,
2023
University of Oklahoma College of Law
Driver Immunity Laws: Why They Are More Dangerous Than You Think, Kaleigh Ewing
Oklahoma Law Review
No abstract provided.
Is A Green Tie Enough? – Truth And Lies In The Courtroom,
2023
University of Oklahoma College of Law
Is A Green Tie Enough? – Truth And Lies In The Courtroom, Jack B. Harrison
Oklahoma Law Review
No abstract provided.
The Road To Autonomy,
2023
University of Oklahoma College of Law
What, To The Marginalized Person, Is The American Dream,
2023
FAMU College of Law
What, To The Marginalized Person, Is The American Dream, Deidre Keller
Journal Publications
I will organize this Note around three themes Douglass articulated in his speech. These themes, which remain timely and relevant over 170 years later, are (1) the importance of attending to those most impacted by injustices; (2) the responsibility of each of us to address the injustices we see in the world around us; and (3) the practice of remaining hopeful in the face of what, at times, may feel like daunting circumstances. I will structure this Note around these three themes as I consider what the American Dream means for marginalized persons. Throughout, I will weave in examples of …
Law And Redemption: Expounding And Expanding Robert Cover’S Nomos And Narrative,
2023
Touro Law Center
Law And Redemption: Expounding And Expanding Robert Cover’S Nomos And Narrative, Samuel J. Levine
Scholarly Works
This Article explores two interrelated themes that distinguish much of Robert Cover's scholarship: reliance on Jewish sources and the redemption of American constitutionalism. Two pieces of Cover's, Nomos and Narrative and Bringing the Messiah Through the Law: A Case Study, explore these themes, providing complementary views on the potential and limitations of the redemptive power of law. In Nomos and Narrative, Cover develops a metaphor of the law as a bridge, linking the actual to the potential. Bringing the Messiah Through the Law: A Case Study extends the metaphor through the lens of Jewish legal history. Building on Cover's foundation, …
Codifying Antisemitism,
2023
Touro University Jacob D. Fuchsberg Law Center
Codifying Antisemitism, Mark Goldfeder
Scholarly Works
Antisemitic harassment and discrimination are unlawful in many contexts, but without a standard definition of what 'antisemitism' includes, that idea is almost meaningless. This has led to an equal protection problem for members of the Jewish community, which is why states across the country have started to pass laws adopting the International Holocaust Remembrance Alliance ("IHRA") Definition of antisemitism for use in clarifying the application of existing legal protections for Jewish people from crime and discrimination. Thus far, the bills that have passed have for the most part been overwhelmingly bipartisan, but there have been minor pockets of pushback in …
Baby Steps: Why The Florida Supreme Court’S New Parental Leave Continuance Rule Reinvigorates The Fmla’S Underlying Gender Equity Goals Within The Legal Profession And Why More States Should Follow Suit,
2023
FIU College of Law
Baby Steps: Why The Florida Supreme Court’S New Parental Leave Continuance Rule Reinvigorates The Fmla’S Underlying Gender Equity Goals Within The Legal Profession And Why More States Should Follow Suit, Katie B. Miesner
FIU Law Review
Although women are enrolling in law school and joining the legal profession in significant numbers, law firms are struggling to retain female lawyers. This poses a significant challenge to achieving gender equity at the highest levels of the legal profession, prompting several important questions: Why are women leaving the profession early; what policies or changes should be implemented to address this problem; and who is best suited to lead these efforts? One of the main reasons women leave the profession early is due to their disproportionate caregiving responsibilities. In response, both public and private measures have been introduced to address …
Recent Developments In Mandatory Arbitration Warfare: Winners And Losers (So Far) In Mass Arbitration,
2023
Georgetown University Law Center
Recent Developments In Mandatory Arbitration Warfare: Winners And Losers (So Far) In Mass Arbitration, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this phenomenon has entered both the civil justice landscape and the public discourse, one need look no further than the January 2023 filings of hundreds of individual arbitration demands by former Twitter employees against Elon Musk, along with threats to file hundreds more—threats that were announced, no doubt intentionally, on Twitter itself. Plaintiffs are increasingly more aware of mass arbitration as a tool in their arsenal, and defendants are, perhaps for the first time in decades of mandatory …
