Law and Race Commons^™

Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins

Fordham Urban Law Journal

No abstract provided.

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Fordham Urban Law Journal

One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.

High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras

Cardozo Journal of International and Comparative Law

The note argues that legalizing marijuana in the United States could significantly reduce the racial disparities perpetuated by the war on drugs. It traces the origins of marijuana prohibition to racially motivated policies and highlights how these laws disproportionately affect minority communities. By examining international models and domestic legalization efforts, the article suggests that ending prohibition could address systemic inequities and generate economic benefits.

We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution, Jonathan Weg

Cardozo Journal of International and Comparative Law

The note examines the legal and policy implications of adopting Australia's strict gun laws in the United States, arguing that such measures would likely violate the Second Amendment, which guarantees the right to bear arms. While Australia's National Firearms Agreement (NFA) has successfully reduced gun violence, the U.S. constitutional framework, particularly the Second Amendment, poses significant legal barriers to replicating similar laws. The analysis highlights the cultural and legal differences between the two countries, emphasizing that compulsory gun buybacks and restrictions on firearms for self-defense would face constitutional challenges in the U.S.

Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Faculty Scholarship

No abstract provided.

Foreword: Innocent Until Proven Poor, Sara Zampierin

Faculty Scholarship

One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.

On Black South Africans, Black Americans, And Black West Indians: Some Thoughts On We Want What’S Ours, Eleanor Marie Lawrence Brown

Michigan Law Review

Most modern constitutions have eminent domain provisions that mandate just compensation for forced deprivations of land and require such deprivations to be for a public use or public purpose. The Takings Clause is a classic example of such a provision. The takings literature is essentially focused on outlining the outer boundaries within which the state can take property from an owner. But there are other takings that have been deemed “extraordinary”; in such circumstances, the state takes away property without just compensation and simultaneously makes a point about a person or a group’s standing in the community of citizens.

Justice Kennedy And The Fisher Revisit: Will The Irrelevant Prove Decisive?, Richard O. Lempert

Articles

Most Court watchers expect Justice Kennedy to cast the deciding vote when the Supreme Court hands down its decision in this term’s installment of Fisher v. University of Texas at Austin or, as it is colloquially titled, Fisher II. What divides observers is not whose vote will be crucial, but the law that vote will make. At one extreme, Justice Kennedy could vote to uphold the Fifth Circuit’s reaffirmation of its earlier decision. When the case was heard, this would almost certainly have meant affirming the circuit court’s decision by an equally divided Court. (Justice Kagan, an almost certain supporter …

Lippman's Law: Debating The Fifty-Hour Pro Bono Requirement For Bar Admission, Justin Hansford

Fordham Urban Law Journal

No abstract provided.

Culture In Corporate Law Or: A Black Corporation, A Christian Corporation, And A Māori Corporation Walk Into A Bar . . ., Gwendolyn Gordon

Seattle University Law Review

Recent Supreme Court cases have entrenched a new image of corporate civic identity, assigning to the corporate person rights and abilities based upon the cultural characteristics, social ties, civic commitments, and internal lives of the human beings involved in it. This vision of the corporation is exemplified in recent cases implicating a corporate right to engage in political speech (Citizens United v. Federal Election Commission) and a right of corporations to be free of government interference regarding religious convictions (Burwell v. Hobby Lobby Stores, Inc.). Although much is being written about the soundness of the results in these cases and …

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann

Faculty Scholarship

Reviewing Kenneth R. Aslakson, Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans (New York University Press 2014).

/="/">The racial history of New Orleans is unique among American cities, as is Louisiana's among the history of American states. In the antebellum period, there were more free people of color in New Orleans than in any other city in the South, and free people of color lived, and often prospered, throughout Louisiana. The presence of so many free people of color in New Orleans, and Louisiana more generally, arose from many factors, including the …

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Nevada Law Journal

No abstract provided.

"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa

University of Richmond Law Review

No abstract provided.

Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour

University of Richmond Law Review

The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

University of Richmond Law Review

No abstract provided.

Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes

University of Richmond Law Review

No abstract provided.

Virgil Hawkins: Educator & Civil Rights Activist, Hardaway Law Firm, Virgil Hawkins Historical Society, Virgil Hawkins Bar Association Of Polk County, Black Filmmakers Of Central Florida, Kathleen High School Video And Tv Production Team, Alpha Phi Alpha Fraternity, Inc. Mu Zeta Lambda Chapter

Oral Histories, Presentations, and Videos

Virgil Darnell Hawkins was an African-American trailblazer. Through and by way of his unrelenting effort to become a Florida lawyer, the Jim Crow laws, that once kept Florida's African Americans from attending the white public universities and colleges, were eventually abolished. This paved the way for the end of discrimination in Florida's schools of higher learning and opened the way for African Americans to attend state universities and colleges.

This program and presentation honor Mr. Virgil Darnell Hawkins.

Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary

Fordham Urban Law Journal

No abstract provided.