Marked!,
2014
University of Colorado Law School
Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice,
2014
University of Baltimore School of Law
Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice, Margaret E. Johnson
All Faculty Scholarship
JOHNSON: This presentation envisions what a better domestic violence legal system might look like for persons subjected to domestic abuse who have not had their needs met or who have been harmed by the current legal system. The paper reframes the focus of the civil legal system from a paradigm of safety into a paradigm of security, including economic, housing, health, and relationship security. This reframing permits a focus on the domestic violence legal system and its intersecting systems of oppression such as race, gender, class, and ethnicity.
Currently, the domestic violence legal system targets short-term physical safety of the …
She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice,
2014
University of New Mexico - School of Law
She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice, Heidi J. Todacheene
Tribal Law Journal
The goal of this paper is to attempt to provide a general social and political framework of the Navajo tribe using the creation story and journey narrative. This will provide a comprehensive insight into the history and modern functioning of the tribe for someone who may not understand traditional Navajo thought. Modern legal cases have been integrated into this paper to demonstrate how Navajo courts use and preserve traditional concepts in current legal analysis. This paper will try to convey a traditional Navajo perspective whose ideology is deeply rooted in the creation story and illustrated through the Holy Beings, especially …
Keynote: Five Omar Mualimmak,
2014
New York Campaign for Alternatives to Solitary Confinement
Keynote: Five Omar Mualimmak, Five Omar Mualimmak
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Coming Crisis In Law Enforcement And How Federal Intervention Could Promote Police Accountability In A Post-Ferguson United States,
2014
William & Mary Law School
The Coming Crisis In Law Enforcement And How Federal Intervention Could Promote Police Accountability In A Post-Ferguson United States, Kami Chavis Simmons
Faculty Publications
The proliferation of aggressive, and sometimes militarized, police tactics represents the "coming crisis" in law enforcement, although many residents of [inner city] communities might argue that the crisis arrived long ago. Even more disturbing is that these heavy-handed police strategies are employed almost exclusively against racial and ethnic minorities.
This Essay argues that in order to alleviate racial bias in policing and gain the trust and legitimacy of police officers in racially and ethnically diverse communities, local police departments must not only ensure that they are hiring police officers capable of implementing community policing, but must also focus on institutional …
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop,
2014
University of Washington School of Law
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, Jeremiah Chin
Articles
Sovereignty and self-determination are cornerstones of arguments for Indigenous rights in the geographic United States. Both concepts assert an existence as Indigenous peoples, and reinforce status as nations with citizens and governments, rights and responsibilities, determined by Indigenous communities. In 2006, the Judicial Appeals Tribunal of the Cherokee Nation recognized that Lucy Allen and fellow Cherokee Freedmen, descendants of African slaves once owned by Cherokee, are citizens of the Cherokee Nation and had been citizens of the Cherokee Nation since the 1866 treaty with the United States. Less than a year later, the Cherokee Nation amended its constitution to limit …
Race Inequity Fifty Years Later: Language Rights Under The Civil Rights Act Of 1964,
2014
Boston University School of Law
Race Inequity Fifty Years Later: Language Rights Under The Civil Rights Act Of 1964, Jasmine Gonzales Rose
Faculty Scholarship
As Latinos have become the largest racialized minority in the United States, we should ask whether the civil rights laws of yesterday are equipped to address the race problems of today. Half a century after the passage of the Civil Rights Act of 1964, racial discrimination still exists, but it manifests itself differently. Rather than explicitly barring someone from employment, education, public accommodations, or civic participation on the basis of his or her race, racially discriminatory exclusion is often couched in seemingly race-neutral terms. English language requirements are one example of this. A sign outside a restaurant stating, “No Mexicans, …
Tribal Disruption And Indian Claims,
2014
Michigan State University College of Law
Tribal Disruption And Indian Claims, Matthew L.M. Fletcher, Kathryn E. Fort, Dr. Nicholas J. Reo
Michigan Law Review First Impressions
Legal claims are inherently disruptive. Plaintiffs' suits invariably seek to unsettle the status quo. On occasion, the remedies to legal claims can be so disruptive-that is, impossible to enforce or implement in a fair and equitable manner-that courts simply will not issue them. In the area of federal Indian law, American Indian tribal claims not only disrupt the status quo but may even disrupt so-called settled expectations of those affected by the claims. The U.S. Court of Appeals for the Second Circuit has dismissed a round of Indian land claims at the pleading stage, includingOnondaga Nation v. New York, because …
Implicit Bias Deserves Our Explicit Attention,
2014
Washington University in St. Louis School of Law
Implicit Bias Deserves Our Explicit Attention, Kimberly Jade Norwood
Scholarship@WashULaw
What are implicit biases? In brief, we all walk around with two sets of attitudes and beliefs: our conscious (explicit) attitudes and our unconscious (implicit) attitudes. Scientists believe that human consciousness takes up approximately 10 percent of our brain activity. That means that for most things, our unconscious mind is doing the work. Implicit biases exist within our unconscious mind. Our brains are bombarded with millions of bits of information every second. To avoid overload, our brains automatically categorize information into schemas that we use to guide us in our everyday living.
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline,
2014
American University Washington College of Law
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments],
2014
American University Washington College of Law
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan Carle
Scholarly Articles in Law Reviews & Journals
This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)-namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites …
The End Of Indeterminacy In Affirmative Action,
2014
University of Oklahoma College of Law
The End Of Indeterminacy In Affirmative Action, Carla Pratt
Faculty Articles
After the Supreme Court's decision in Fisher v. UT Austin, the stage has been set for judges to demand more specificity in the articulation of the protected diversity interest. Gone are the days when institutions of higher education could rely on the abstract concept of diversity to support efforts to enroll a diverse student body. Now higher education institutions will need to give serious thought to how they define the sought after diversity interest and how racial diversity improves educational outcomes and enhances the education that is delivered.
Objecting To Race,
2014
University of Miami School of Law
Roll Back "Prison Nation",
2014
University of Miami School of Law
White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation,
2014
University of Miami
White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James
Articles
In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.
Recent scholarship …
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory,
2014
University of Miami School of Law
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
Articles
In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a …
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles,
2014
University of Miami School of Law
Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes
Articles
No abstract provided.
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell,
2014
University of Miami School of Law
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Articles
No abstract provided.
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies,
2014
University of Miami School of Law
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Articles
No abstract provided.
Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore,
2014
touro law center
Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik
Scholarly Works
This article was written as part of an ongoing dialog about the author’s previous article, "Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning," which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.
This article specifically responds to an article written by Professor Harvey Gilmore which focuses mostly on the SAT and the LSAT.
