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Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell 2016 Brooklyn Law School

Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell

Brooklyn Law Review

As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …


When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido 2016 American Gateways

When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick 2016 William & Mary Law School

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Faculty Publications

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …


Race And Criminal Justice In Canada, Charles E. Reasons, Shereen Hassan, Melinda Bige, Christianne Paras, Simranjit Arora 2016 Central Washington University

Race And Criminal Justice In Canada, Charles E. Reasons, Shereen Hassan, Melinda Bige, Christianne Paras, Simranjit Arora

All Faculty Scholarship for the College of the Sciences

The relationship between race and crime has long been a subject of study in the United States; however, such analysis is more recent in Canada. A major factor impeding such study is the fact that racial/ethnic data are not routinely collected and available in Canada, unlike the United States. The collection of such data would arguably undermine the multi-cultural mosaic of Canada as a place of acceptance and tolerance. However, the lack of such data bellies research suggesting that race plays a role in the Canadian criminal justice system. Using available, albeit, limited research studies and their data, the role …


Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons 2016 Barry University School of Law

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School of Law 2016 Providence Journal

Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie 2016 Rutgers Law School

The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie

Cardozo Law Review

The article explores the constitutionality of policies that are race-neutral on their face but are designed to include historically marginalized racial groups, arguing that such policies are presumptively constitutional. The author suggests that the Supreme Court, influenced by Justice Kennedy's opinions, is increasingly accepting these policies as constitutional if they promote racial integration without using race-specific means.


Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson 2016 Roger Williams University School of Law

Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson

Law School Blogs

No abstract provided.


Eugenics, Jim Crow, And Baltimore's Best, Garrett Power 2016 University of Maryland School of Law

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.


Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz 2016 Stanford Program in Neuroscience and Society at Stanford Law School

Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz

The University of New Hampshire Law Review

The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …


Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School of Law 2016 Roger Williams University

Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter 2016 University of Richmond School of Law

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

University of Richmond Law Review

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.


Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky 2016 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Morality In Race Relations, Joseph T. Leonard, S.S.J. 2016 St. John's University School of Law

Morality In Race Relations, Joseph T. Leonard, S.S.J.

The Catholic Lawyer

No abstract provided.


Racially Balanced Schools: Psychological And Legal Aspects, Robert F. Drinan, S.J. 2016 St. John's University School of Law

Racially Balanced Schools: Psychological And Legal Aspects, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


The Legality Of De Facto Segregation, Charles E. Rice 2016 St. John's University School of Law

The Legality Of De Facto Segregation, Charles E. Rice

The Catholic Lawyer

No abstract provided.


A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin 2016 University of Georgia School of Law

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Journal of Intellectual Property Law

No abstract provided.


Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright 2016 North Carolina Central University School of Law

Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright

North Carolina Central Law Review

No abstract provided.


Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton 2016 DePaul University College of Law

Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton

Michigan Journal of Race and Law

This Article examines the challenges of intra-race legal representation for lawyers of color, law students of color, and those teaching law students of color by analyzing how the dynamics of the lawyer’s and client’s racial sameness impact legal representation. This Article brings together three strands of lawyering theory – the role of race in lawyering, critical race theory, and the role of the lawyer in intra-race legal representation. In doing so, this Article explores a number of provocative questions: Does being the same race as their clients make lawyers better legal representatives? Should lawyers of color embrace or resist race’s …


The Tyranny Of Small Things, Yxta Maya Murray 2016 Loyola Law School

The Tyranny Of Small Things, Yxta Maya Murray

Michigan Journal of Race and Law

In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …


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