University of British Columbia and Canadian Institute for Advanced Research
Touro Law Center
University of Florida Levin College of Law
University of Arkansas at Little Rock William H. Bowen School of Law
DePaul University College of Law
University of New Mexico - School of Law
Clemson University
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 …
Racial Impact Assessment In Land Use Planning And Zoning,
2023
Pace University
Racial Impact Assessment In Land Use Planning And Zoning, William West
Pace Environmental Law Review
Racial impact assessments are tools that attempt to predict the effects of actions to help policymakers evaluate the consequences of those actions before their implementation. This article explains the history of race and land use in the United States, the development of racial impact assessments, and the emerging trend of racial impact assessments in land use planning and zoning. The article concludes with an analysis of how racial impact assessments in land use might develop in the future.
"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth,
2023
University of Massachusetts Amherst
"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo
Doctoral Dissertations
“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …
The Racialized History Of Vice Policing,
2023
Maurer School of Law - Indiana University
The Racialized History Of Vice Policing, India Thusi
Articles by Maurer Faculty
Vice policing targets the consumption and commercialization of certain pleasures that have been criminalized in the United States—such as the purchase of narcotics and sexual services. One might assume that vice policing is concerned with eliminating these vices. However, in reality, this form of policing has not been centered on protecting and preserving the moral integrity of the policed communities by eradicating vice. Instead, the history of vice policing provides an example of the racialized nature of policing in the United States. Vice policing has been focused on (1) maintaining racial segregation, (2) containing vice in marginalized communities, and (3) …
The Growing List Of Reasons To Amend The Maine Indian Jurisdictional Agreement,
2023
University of Maine School of Law
The Growing List Of Reasons To Amend The Maine Indian Jurisdictional Agreement, Nicole Friederichs
Maine Law Review
The Passamaquoddy Tribe and the Penobscot Nation brought their lands claims against the State of Maine in an effort to reclaim taken lands, to ensure that they could self-determine their futures and to hold on to their cultures and languages. What they faced were a state and federal governments opposed to such a goal. With favorable court decisions in hand, the Tribes began the long process of negotiating for the financial restitution of those claims. They learned, however, that restitution—the recovery of a small portion of their traditional territories—would only be possible if an agreement was made with the State …
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm,
2023
Indiana University Maurer School of Law
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Indiana Journal of Law and Social Equality
“[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” - Justice Anthony Kennedy, Lawrence v. Texas (2003)
This Note will first focus on a historical analysis of originalist constitutional interpretation, drawing attention to initial disparities in the Constitution incompatible with our current social context. It will discuss modern originalism as a method of perpetuating systemic shortcomings, drawing specific attention to originalist interpretation as a method of oppression against white women and people of color, specifically Black women. In analyzing the harm originalism does to …
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic,
2023
Indiana University Maurer School of Law
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville
Indiana Journal of Law and Social Equality
No abstract provided.
Constructing Race And Gender In Modern Rape Law: The Abandoned Category Of Black Female Victims,
2023
Vanderbilt University Law School
Constructing Race And Gender In Modern Rape Law: The Abandoned Category Of Black Female Victims, Jacqueline Pittman
Michigan Journal of Gender & Law
Despite the successes of the 1960s Anti-Rape Movement, modern state rape statutes continue to prioritize white male perspectives and perceptions of race, ultimately ignoring the intersectional identity of Black women and leaving these victims without legal protection. This Note examines rape law’s history of allocating agency along gendered and racialized lines through statutory construction and other discursive techniques. Such legal constructions both uphold and cultivate the white victim/Black assailant rape dyad primarily by making the Black male the “ultimate” and most feared assailant. Rape law’s adherence to a white baseline sustains stereotypes of Black men as criminals and predators, which …
Ukraine’S Supreme Court: Born Amid Crisis, Now Under Siege,
2023
Duke Law
Ukraine’S Supreme Court: Born Amid Crisis, Now Under Siege, Sergii Koziakov, David Collins
Judicature International
No abstract provided.
Right To Informed Consent, Right To A Doula: An Evidence-Based Solution To The Black Maternal Mortality Crisis In The United States,
2023
University of Michigan Law School
Right To Informed Consent, Right To A Doula: An Evidence-Based Solution To The Black Maternal Mortality Crisis In The United States, Cecilia Landor
Michigan Journal of Gender & Law
This Note seeks to build on existing research about how to improve childbirth in the United States for women, particularly for Black women, given the United States’ extremely high maternal mortality rate. Through examining the history and characteristics of American and Western childbirth, it seeks to explore how the current birth framework contributes to maternal mortality. To fight this ongoing harm, I suggest increasing access to doulas— nonmedical support workers who provide “continuous support” to the birthing person.
Through this Note I seek to build on the research of others by identifying the ways medicalized birth practices fail women, particularly …
Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023,
2023
Roger Williams University School of Law
Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling,
2023
Maurer School of Law: Indiana University
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.
The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race,
2023
University of Hong Kong
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan
University of Miami Inter-American Law Review
This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America,
2023
University of Miami School of Law
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer
University of Miami Inter-American Law Review
This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal,
2023
American University in Cairo
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
Theses and Dissertations
The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting,
2023
Texas Southern University Thurgood Marshall School of Law
The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders
Cleveland State Law Review
This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during …
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg,
2023
Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
Black And Blue Police Arbitration Reforms,
2023
Texas A&M University School of Law
Black And Blue Police Arbitration Reforms, Michael Z. Green
Faculty Scholarship
The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more than fifty years ago when police unions gained power to respond to the civil rights protests occurring during those times by establishing strong protections for their officers in light of brutality claims. This rhythmic progression of protests and union responses is destined to continue without any lasting reforms focused on …
Racializing Algorithms,
2023
Indiana University Maurer School of Law
Racializing Algorithms, Jessica M. Eaglin
Articles by Maurer Faculty
There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …
