Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy,
2023
Boston University School of Law
Unifying Concepts: Critical Race Theory, Academic Freedom Of Speech, And Democracy, Jasmine Gonzales Rose
BU Law Presentations
Poster for Jasmine Gonzales Rose's 2023 University lecture.
Black Liberty In Emergency,
2023
Northwestern Pritzker School of Law
Black Liberty In Emergency, Norrinda Brown
Northwestern University Law Review
COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.
The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …
Enforcing Equity,
2023
Northwestern Pritzker School of Law
Enforcing Equity, Daiquiri J. Steele
Northwestern University Law Review
Federal administrative agencies that enforce workplace laws have dual responsibilities: (1) to prevent or remedy noncompliance with the underlying workplace law and (2) to prevent or remedy noncompliance with the law’s antiretaliation provisions. Disparities based on race, sex, and their intersection exist with respect to both of these types of employer noncompliance, as female workers and workers of color experience more violations of the substantive provisions and the retaliation provisions of these laws. While effective enforcement is vital to preserving workplace regulation as a whole, there is also an equity component to enforcement. Because workplace law violations disproportionately harm women …
Financial Inclusion, Cryptocurrency, And Afrofuturism,
2023
Northwestern Pritzker School of Law
Financial Inclusion, Cryptocurrency, And Afrofuturism, Lynnise Phillips Pantin
Northwestern University Law Review
As a community, Black people consistently face barriers to full participation in traditional financial markets. The decentralized nature of the cryptocurrency market is attractive to a community that has been historically and systematically excluded from the traditional financial markets by both private and public actors. As new entrants to any type of financial market, Black people have increasingly embraced blockchain technology and cryptocurrency as a path towards the wealth-building opportunities and financial freedom they have been denied in traditional markets. This Article analyzes whether the technology’s decentralized system will lead to financial inclusion or increased financial exclusion. Without reconciling the …
Racism As A Threat To Financial Stability,
2023
Northwestern Pritzker School of Law
Racism As A Threat To Financial Stability, Cary Martin Shelby
Northwestern University Law Review
This Article draws from several theoretical frameworks such as critical race theory, law and economics, and rule of law conceptions to argue that the Financial Stability Oversight Council (FSOC) should formally recognize racism as a threat to financial stability due to its interconnectedness with recent and projected systemic disruptions. This Article begins by first introducing a novel model created by the author through which to dissect this claim. This “Systemic Disruption Model” provides a theoretical depiction of how racism drives every phase along the life-cycle continuum of a systemic disruption.
First, with respect to the Model’s “Introduction” phase, this Article …
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023,
2023
Roger Williams University
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Depaul Digest,
2023
DePaul University
Depaul Digest
DePaul Magazine
College of Education Professor Jason Goulah fosters hope, happiness and global citizenship through DePaul’s Institute for Daisaku Ikeda Studies in Education. Associate Journalism Professor Jill Hopke shares how to talk about climate change. News briefs from DePaul’s 10 colleges and schools: Occupational Therapy Standardized Patient Program, Financial Planning Certificate program, Business Education in Technology and Analytics Hub, Racial Justice Initiative, Teacher Quality Partnership grant, Intimate Partner Violence and Brain Injury collaboration, School of Music Career Closet, Sports Photojournalism course, DePaul Migration Collaborative’s Solutions Lab, Inclusive Screenwriting courses. New appointments: School of Music Dean John Milbauer, College of Education Dean Jennifer …
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle,
2023
University of Cincinnati College of Law
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney
University of Cincinnati Law Review
No abstract provided.
Front Matter And Table Of Contents,
2023
University of Miami Law School
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences,
2023
University of Iowa College of Law
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences, Wayne A. Comstock
University of Miami Race & Social Justice Law Review
In June 1971, President Richard Nixon declared a War on Drugs. As the War on Drugs continued throughout the 1980s, drug-related convictions increased, leading to overcrowding in prisons across the United States. Drug courts operate as an alternative to incarceration in which criminal defendants enter court mandated drug treatment programs. Judges monitor the progress of drug court participants through scheduled status hearings. However, contrary to their purpose, drug courts may contribute to incarceration by presenting the risk of an increased number of drug-related arrests in those jurisdictions that have implemented drug courts and long jail sentences imposed as sanctions for …
Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement,
2023
Duquesne University School of Law
Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement, Falco Anthony Muscante Ii
University of Miami Race & Social Justice Law Review
When Derek Chauvin knelt on George Floyd’s neck for more than nine minutes, and when Jason Van Dyke fired sixteen rounds at Laquan McDonald who was walking away from the responding officers, were Chauvin and Van Dyke acting exclusively of their own volition, or were their actions indicative of a deeper, systemic issue? Nearly 60% of law enforcement officers enjoy collective bargaining protections from their police unions, but these protections create a lack of accountability.
Police unions can bargain collectively with police departments because of state legislation, which typically allow for negotiation over matters affecting wages, hours, and terms and …
Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants,
2023
University of Miami Law School
Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, Abigail Young
University of Miami Race & Social Justice Law Review
No abstract provided.
Masthead,
2023
University of Miami Law School
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System,
2023
University of Miami Law School
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System, Raegan Burke
University of Miami Race & Social Justice Law Review
No abstract provided.
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America.,
2023
St. Mary's University
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
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 …
Reifying Injustice: Using Culturally Specific Tattoos As A Marker Of Gang Membership,
2023
Southwestern Law School
Reifying Injustice: Using Culturally Specific Tattoos As A Marker Of Gang Membership, Beth Caldwell
Washington Law Review
The “gang” label has been so highly racialized that white people who self- identify as gang members are almost never categorized as “gang members” by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are labeled gang members, yet this two-track system is justified under the guise that the racially disparate treatment is legitimate because of gang association.
This Article takes one concrete example—culturally specific tattoos—and unmasks how racial markers are used to attach the gang label. Specifically, …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers,
2023
Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
2023 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Vanita Gupta,
2023
Department of Justice
2023 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Vanita Gupta, Vanita Gupta, Peter B. Rutledge, Clare R. Norins, John B. Meixner Jr., Matthew R. Auer
Judge Horace J. Johnson Lecture on Race, Law and Policy
School of Law Dean Peter Bo Rutledge gave introductory remarks, while law faculty members Clare Norins and John Meixner co-moderated, and SPIA Dean Matthew Auer provided closing remarks.
Vanita Gupta is the 19thUnited States Associate Attorney General and serves as the third-ranking official at the Department of Justice. Associate Attorney General Gupta supervises multiple litigating divisions within the Department of Justice, including the Civil Division, Civil Rights Division, Antitrust Division, Tax Division, and Environmental and Natural Resources Division. She also oversees the grant making components of the Department, including the Office of Justice Programs, the Office on Violence Against Women, …
