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James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter 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, Angela 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 …


Towards An Understanding Of Critical Race Theory: Dispelling False Claims And Misrepresentations, Shiv Narayan Persaud 2023 University of Massachusetts School of Law

Towards An Understanding Of Critical Race Theory: Dispelling False Claims And Misrepresentations, Shiv Narayan Persaud

University of Massachusetts Law Review

The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is to open a new discussion on these issues, rooted in promoting cultural competency in the legal profession.


Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle 2023 University of Cincinnati College of Law

Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle

Immigration and Human Rights Law Review

Abstract

The tyrannical Sri Lankan Prevention of Terrorism Act (“PTA”) has been in effect for over forty years. Dating back to the decades-long civil war, the PTA has terrorized Sri Lankan citizens. The PTA authorizes the Sri Lankan government to arbitrarily detain citizens without warrants for up to eighteen months; use torture to extract confessions; and target protesters, minority groups, and political opponents. The PTA creates a breeding ground for numerous human rights violations with no accountability for the officials who commit human rights abuses. The use of the Act has intensified since 2019 with the Easter Sunday Bombings and …


Masthead, 2023 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Foreword, John Akinwole 2023 University of California, Hastings College of the Law

Foreword, John Akinwole

Hastings Race and Poverty Law Journal

No abstract provided.


“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes 2023 University of California, Hastings College of the Law

“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes

Hastings Race and Poverty Law Journal

No abstract provided.


Capital Punishment For Latine Populations, Morgan Zamora 2023 University of California, Hastings College of the Law

Capital Punishment For Latine Populations, Morgan Zamora

Hastings Race and Poverty Law Journal

No abstract provided.


Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan 2023 University of California, Hastings College of the Law

Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan

Hastings Race and Poverty Law Journal

No abstract provided.


The Afterlife Of Confederate Monuments, Jess Phelps, Jessica N. Owley 2023 The Lyme Timber Company

The Afterlife Of Confederate Monuments, Jess Phelps, Jessica N. Owley

Indiana Law Journal

As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels—by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where laws …


Domestic Emergency Pretexts, Amy L. Stein 2023 University of Florida

Domestic Emergency Pretexts, Amy L. Stein

Indiana Law Journal

Whereas emergencies used to be the exception to the rule, they now seem to be the norm. Wildfires, hurricanes, flooding, and contagious diseases dominate our daily lives. Although these are not the traditional types of military emergencies of our past, these non-wartime emergencies can trigger some of the same emergency powers. And with their use comes some of the same concerns about abuses of such emergency powers. Much ink has been spilled analyzing the tradeoffs associated with necessary emergency powers and frequent abuses in the context of foreign threats—resulting in reduced privacy, civil liberties, and freedoms.

This Article is not …


A Pleasure To Burn: How First Amendment Jurisprudence On Book Banning Bolsters White Supremacy, Amy Anderson 2023 Mitchell Hamline School of Law

A Pleasure To Burn: How First Amendment Jurisprudence On Book Banning Bolsters White Supremacy, Amy Anderson

Mitchell Hamline Law Review

No abstract provided.


Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis 2023 University of Iowa

Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis

Washington and Lee Law Review

This Article introduces a novel concept, higher education redress statutes (“HERS”), to illustrate efforts that acknowledge and amend past wrongs towards African Americans. More proximally, the Article shines a probing light on the escalation of HERS in southeastern states that serve as a site for state regulation and monitoring. The Author exposes how higher education redress statutes, designed to provide relief or remedy to Black people for states’ higher education’s harm, categorically ignore groups of Black people who rightfully should also be members of the statutorily protected class. This Article queries whether legislators can expand the scope of such statutes …


Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks 2023 University of Detroit Mercy School of Law

Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks

Washington and Lee Law Review

This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …


Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt 2023 Rutgers University

Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt

Washington and Lee Law Review

From before the birth of the republic to the present day, police brutality has represented a signature injustice of state authority, especially against African Americans. Defining that injustice is the lack of accountability for official misconduct. The rule of law has systematically failed to deter lawbreaking by its law enforcement departments. This Article explores the various legal and institutional means by which accountability should be imposed and demonstrates the design elements of structured immunity. Using Critical Race Theory and traditional civil rights law notions of how structural racism operates, this Article argues that transformative change can only come about through …


Reconnecting The Patient: Why Telehealth Policy Solutions Must Consider The Deepening Digital Divide, Laura C. Hoffman 2022 Cleveland State University College of Law

Reconnecting The Patient: Why Telehealth Policy Solutions Must Consider The Deepening Digital Divide, Laura C. Hoffman

Journal of Law and Health

This Article attempts to untangle the complicated web of providing telehealth to those populations it is potentially capable of further alienating from access to healthcare including: 1) race/minority populations, 2) aging adults, 3) individuals with disabilities, 4) non-English speakers, 5) individuals living in rural areas, 6) socioeconomic class, and 7) children, in order to advance the argument that telehealth can be successful in providing healthcare access to these populations. Rather than suggesting that telehealth simply “cannot work” for these populations, instead this Article considers how telehealth can and must meet the needs of these individuals through technology, access, and policy …


Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg 2022 University of Cincinnati College of Law

Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg

University of Cincinnati Law Review

No abstract provided.


Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao 2022 University of Cincinnati College of Law

Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao

University of Cincinnati Law Review

No abstract provided.


The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams 2022 CUNY Bernard M Baruch College

The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams

Publications and Research

The effectiveness of coercive local content requirements to the development of resource rich developing countries is an area attracting increasing global attention. Local content requirements are especially popular in the extractive sector though empirical studies show that they do not fulfill their intended purpose. Now recognized as the world's fastest growing economy after becoming an oil producing country, Guyana has passed a local content law. The real concern is not merely whether local content requirements fail to fulfill their objectives but whether they create market distortions that lead to the resource curse. This issue was addressed by Baruch's Adjunct Assistant …


An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb 2022 East Tennessee State University

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.


Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton 2022 Texas Tech University

Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton

American Indian Law Journal

Universities as quasi-cities have an obligation to reflect on their educational mission, and public universities have a responsibility to Native America through the unique federal trust responsibility owed to Native Nations by the federal government. The naming of buildings and transitioning to responsible adulthood requires universities, administrators, and students to reflect on who we were, who we are now, and whom we hope to be. Collaborative efforts to work with Native Nations should be undertaken with regard to naming issues.

Sovereigns possess power to control historical narratives and outcomes through their sovereign power to (1) name geographical places; (2) protect …


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