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A Corporate Law Rationale For Reparations, Susan S. Kuo, Benjamin Means 2021 University of South Carolina School of Law

A Corporate Law Rationale For Reparations, Susan S. Kuo, Benjamin Means

Boston College Law Review

Should the United States pay reparations to African Americans? A majority of Americans object, arguing that they are not personally responsible for slavery or Jim Crow laws. Their objection is rooted in the principle of ethical individualism, which holds that people can be blamed only for their own actions. This Article contends that the ethical-individualism objection to reparations is misplaced because it assumes that what matters is the culpability of each citizen. This Article argues that like a corporation, the United States is a legal person. Consequently, seeking reparations from the United States does not turn on the guilt of ...


Close Encounters: Mass Incarceration Tactics, Kevin L. Jones 2021 Stephen F. Austin State University

Close Encounters: Mass Incarceration Tactics, Kevin L. Jones

The Journal of Faith, Education, and Community

As a Black man living in America, my Christian faith walk began at an early age. Growing up in a suburban environment, I had several encounters with law enforcement that shaped my belief system. These encounters were and still are a stark reminder that Black boys and men are under attack. Policing negatively impacts Black boys and men when compared to other races of people. I realized that I was in their cross hairs and I was almost consumed by the criminal justice system on many occasions. Through the lens of Critical Race Theory, this work focused on the centrality ...


Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania 2021 Northwestern Pritzker School of Law

Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania

Northwestern University Law Review

The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a much higher rate than the states—more than 60% of U.S. citizen-defendants were detained pending trial by federal courts last year. But federal defendants virtually never fail to appear in court, and they are rarely arrested for new crimes while on pretrial release. And unlike state court systems, cash ...


Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti 2021 William & Mary Law School

Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Continuing Legacy Of The National Origin Quotas, Angela M. Banks 2021 William & Mary Law School

The Continuing Legacy Of The National Origin Quotas, Angela M. Banks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Wells Fargo V. City Of Oakland: A Matter Of Proximate Cause, Shawna Doughman 2021 Golden Gate University School of Law

Wells Fargo V. City Of Oakland: A Matter Of Proximate Cause, Shawna Doughman

Golden Gate University Law Review

President Lyndon B. Johnson saw passage of the Fair Housing Act (“FHA”) to be a fitting tribute to the Reverend Dr. Martin Luther King, Jr., who had just been assassinated. The United States was in turmoil, much as it is today, with cities burning and people divided. The FHA was first introduced by Democratic senator Walter Mondale. The lobbying efforts of Republican senator Edward Brooke, the first Black senator to be elected by popular vote, and Democratic senator Edward Kennedy finally brought this legislation to fruition as Title VIII of the Civil Rights Act of 1968. Senator Mondale remarked, “in ...


Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee 2021 University of Michigan Law School

Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee

Michigan Law Review

Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack ...


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School of Law 2021 Roger Williams University

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Spring 2021 Race & Justice Task Force Campus Read - Just Mercy, Golden Gate University School of Law 2021 Golden Gate University School of Law

Spring 2021 Race & Justice Task Force Campus Read - Just Mercy, Golden Gate University School Of Law

GGU Race and Justice Task Force

GGU Law Race & Justice Campus Read event:

Please join the GGU Race & Justice Task Force as we collectively examine how our lives are impacted by race, racism, and economic inequality by reading and discussing books that help navigate our journey towards justice and equity.


Duty And Diversity, Chris Brummer, Leo E. Strine Jr. 2021 Georgetown University Law Center

Duty And Diversity, Chris Brummer, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

In the wake of the brutal deaths of George Floyd and Breonna Taylor, a slew of reforms from Wall Street to the West Coast have been introduced, all aimed at increasing Diversity, Equity, and Inclusion (“DEI”) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical limitations in their scale, scope and degree of legal obligation and practical effects. In this Article, we provide an old answer to the new questions facing DEI policy, and offer the first close examination of how corporate law duties impel and facilitate corporate attention to diversity. Specifically, we show that ...


Leases As Forms, David A. Hoffman, Anton Strezhnev 2021 University of Pennsylvania Law School

Leases As Forms, David A. Hoffman, Anton Strezhnev

Faculty Scholarship at Penn Law

We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently ...


Cancer Alley And The Fight Against Environmental Racism, Idna G. Castellón 2021 Villanova University Charles Widger School of Law

Cancer Alley And The Fight Against Environmental Racism, Idna G. Castellón

Villanova Environmental Law Journal

No abstract provided.


Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones 2021 Villanova University Charles Widger School of Law

Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones

Villanova Environmental Law Journal

No abstract provided.


Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette 2021 Boston College

Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette

Undergraduate Economic Review

Black males received sentences about twenty percent longer than similarly situated white males from 2012 to 2016. Some of this inequality may be introduced by mandatory minimum sentences. Charges carrying a mandatory minimum sentence are brought against Black defendants at higher rates than white defendants. It has been argued that these sentences introduce bias in two ways: legislatively (the types of crimes that carry a mandatory minimum) and in the way these sentences are put into practice (increasing prosecutorial discretion). This brief explores whether mandatory minimum sentences increase racial inequality in criminal sentencing.


Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco 2021 Villanova University Charles Widger School of Law

Making The Extraordinary Ordinary: Examining The Impact Of Shifting Immigration Policies On Professional Athletics In The United States, Rachel Insalaco

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton 2021 University of Cincinnati College of Law

Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton

University of Cincinnati Law Review

No abstract provided.


“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik de Alarcón, David H. Secor, Norma Fuentes-Mayorga 2021 Safe Horizon Immigration Law Project

“We Are Asking Why You Treat Us This Way. Is It Because We Are Negroes?” A Reparations-Based Approach To Remedying The Trump Administration’S Cancellation Of Tps Protections For Haitians, Sarah E. Baranik De Alarcón, David H. Secor, Norma Fuentes-Mayorga

Michigan Journal of Race and Law

This Article places the Trump Administration’s decision to cancel TPS for Haitians within the longer history of U.S. racism and exclusion against Haiti and Haitians, observes the legal challenges against this decision and their limitations, and imagines a future that repairs the harms caused by past and current racist policies. First, this Article briefly outlines the history of exclusionary, race-based immigration laws in the United States, and specifically how this legal framework, coupled with existing anti-Black ideologies in the United States, directly impacted Haitians and Haitian immigrants arriving in the United States. Next, the Article provides an overview ...


The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown 2021 University of Florida, Levin College of Law

The Soul Savers: A 21st Century Homage To Derrick Bell’S Space Traders Or Should Black People Leave America?, Katheryn Russell-Brown

Michigan Journal of Race and Law

Note: Narrative storytelling is a staple of legal jurisprudence. The Case of the Speluncean Explorers by Lon Fuller and The Space Traders by Derrick Bell are two of the most well-known and celebrated legal stories. The Soul Savers parable that follows pays tribute to Professor Bell’s prescient, apocalyptic racial tale. Professor Bell, a founding member of Critical Race Theory, wrote The Space Traders to instigate discussions about America’s deeply rooted entanglements with race and racism. The Soul Savers is offered as an attempt to follow in Professor Bell’s narrative footsteps by raising and pondering new and old ...


How To Sue An Asue? Closing The Racial Wealth Gap Through The Transplantation Of A Cultural Institution, Cyril A.L. Heron 2021 Cornell Law School

How To Sue An Asue? Closing The Racial Wealth Gap Through The Transplantation Of A Cultural Institution, Cyril A.L. Heron

Michigan Journal of Race and Law

Asues, academically known as Rotating Savings and Credit Associations (or ROSCAs for short), are informal cultural institutions that are prominent in developing countries across the globe. Their utilization in those countries provide rural and ostracized communities with a means to save money and invest in the community simultaneously. Adoption of the asue into the United States could serve as the foundation by which to close the racial wealth gap. Notwithstanding the benefits, wholesale adoption of any asue model runs the risk of cultural rejection because the institution is foreign to the African American community.

Drawing upon principles of cultural and ...


Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School of Law 2021 Roger Williams University

Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


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