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6,273 full-text articles. Page 161 of 226.

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing, 2017 Northwestern Pritzker School of Law

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery, 2017 Northwestern Pritzker School of Law

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery

Northwestern Journal of Law & Social Policy

No abstract provided.


The War On Rape? The Implications Of Setting Mandatory Minimum Sentencing For Rape And Sexual Assault Convictions, Daniel Belcher 2017 Benjamin N. Cardozo School of Law

The War On Rape? The Implications Of Setting Mandatory Minimum Sentencing For Rape And Sexual Assault Convictions, Daniel Belcher

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of mandatory minimum sentences for rape offenses in states like New York, drawing on California's approach, to address lenient sentencing and ensure justice for victims. While acknowledging concerns about racial disparities and parallels to the War on Drugs, the author emphasizes the need for consistent and just sentencing to deter future offenses and reflect societal abhorrence of sexual assault.


“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres 2017 Fordham University School of Law

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …


Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School of Law 2017 Roger Williams University

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Lewis V. Clarke, Summer L. Carmack 2017 Alexander Blewett III School of Law at the University of Montana

Lewis V. Clarke, Summer L. Carmack

Public Land & Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state …


Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq. 2017 St. John's University School of Law

Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq.

The Catholic Lawyer

No abstract provided.


Tax Exemption And Racial Discrimination, John A. Liekweg, Esq. 2017 St. John's University School of Law

Tax Exemption And Racial Discrimination, John A. Liekweg, Esq.

The Catholic Lawyer

No abstract provided.


The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn 2017 Purdue University

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …


How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker 2017 Pepperdine University

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How University Title Ix Enforcement And Other Discipline Processes (Probably) Discriminate Against Minority Students, Ben Trachtenberg 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

How University Title Ix Enforcement And Other Discipline Processes (Probably) Discriminate Against Minority Students, Ben Trachtenberg

Nevada Law Journal

This Article argues that university discipline procedures likely discriminate against minority students and that increasingly muscular Title IX enforcement— launched with the best of intentions in response to real problems—almost certainly exacerbates yet another systemic barrier to racial justice and equal access to educational opportunities. Unlike elementary and secondary schools, universities do not keep publicly available data on the demographics of students subjected to institutional discipline, which prevents evaluation of possible disparate racial impact in higher education. Further, several aspects of the university disciplinary apparatus—including broad and vague definitions of offenses, limited access to legal counsel, and irregular procedures—increase the …


Genealogy Of The Concept Of "Hate Crime": The Cultural Implications Of Legal Innovation And Social Change, Roslyn Myers 2017 CUNY Graduate Center

Genealogy Of The Concept Of "Hate Crime": The Cultural Implications Of Legal Innovation And Social Change, Roslyn Myers

Dissertations, Theses, and Capstone Projects

The term "hate crime" is new to legislative and public discourse, as well as legal and social science scholarship. A decade after the concept of a "hate crime" was introduced in Congress, the 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act (HCPA), to punish criminal actors who target victims because of their characteristics (race, color ethnicity, sexual orientation, religion, gender, gender identity, or disability). Using relevant archival sources, this project uses genealogical qualitative methods to examine the interplay of cultural elements manifested in this provocative term, which reflect dominance and subjugation among social groups (In- and Out-Groups) …


Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, GoLocalProv Political Team, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, Golocalprov Political Team, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky 2017 Roger Williams University School of Law

Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky

Life of the Law School (1993- )

No abstract provided.


Center For The Study Of Race And Race Relations Fall 2017 Newsletter, Katheryn Russell-Brown 2017 University of Florida Levin College of Law

Center For The Study Of Race And Race Relations Fall 2017 Newsletter, Katheryn Russell-Brown

Center for the Study of Race & Race Relations: Lectures and Events

No abstract provided.


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg 2017 Penn State Law

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review (2009 - Present)

No abstract provided.


Splitting Hairs: The Eleventh Circuit’S Take On Workplace Bans Against Black Women’S Natural Hair In Eeoc V. Catastrophe Management Solutions, D. Wendy Greene 2017 Cumberland School of Law, Samford University

Splitting Hairs: The Eleventh Circuit’S Take On Workplace Bans Against Black Women’S Natural Hair In Eeoc V. Catastrophe Management Solutions, D. Wendy Greene

University of Miami Law Review

What does hair have to do with African descendant women’s employment opportunities in the 21st century? In this Article, Professor Greene demonstrates that Black women’s natural hair, though irrelevant to their ability to perform their jobs, constitutes a real and significant barrier to Black women’s acquisition and maintenance of employment as well as their enjoyment of equality, inclusion, and dignity in contemporary workplaces. For nearly half a century, the federal judiciary has played a pivotal role in establishing and preserving this status quo. The Eleventh Circuit Court of Appeal’s recent decision in EEOC v. Catastrophe Management Solutions exacerbates what Professor …


From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler 2017 Yale Law School

From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler

Northwestern University Law Review

Society would gain if the police moved away from the goal of harm reduction via crime reduction and toward promoting the economic, social, and political vitality of American communities. Research suggests that the police can contribute to this goal if they design and implement their policies and practices in ways that promote public trust. Such trust develops when the police exercise their authority in ways that people evaluate as being procedurally just.


Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares 2017 Yale Law School

Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares

Northwestern University Law Review

Like the education system, the criminal justice system offers both formal, overt curricula—found in the Bill of Rights, and informal or “hidden” curricula—embodied in how people are treated in interactions with legal authorities in courtrooms and on the streets. The overt policing curriculum identifies police officers as “peace officers” tasked with public safety and concern for individual rights, but the hidden curriculum, fraught with racially targeted stop and frisks and unconstitutional exercises of force, teaches many that they are members of a special, dangerous, and undesirable class. The social psychology of how people understand the fairness of legal authorities—procedural justice—is …


Racing Abnormality, Normalizing Race: The Origins Of America's Peculiar Carceral State And Its Prospects For Democratic Transformation Today, Jonathan Simon 2017 University of California Berkeley School of Law

Racing Abnormality, Normalizing Race: The Origins Of America's Peculiar Carceral State And Its Prospects For Democratic Transformation Today, Jonathan Simon

Northwestern University Law Review

For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and sanctioning stages of the criminal process; yet, the patterns of over-incarceration and police violence, which are especially concentrated on people of color, have actually gotten worse during the same period. Seen in terms of its deeper history however, the carceral state is no longer puzzling: it has …


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