A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies,
2012
Villanova University School of Law
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
Michigan Journal of Race and Law
Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendment had long required that police officers have probable cause in order to conduct Fourth Amendment invasions; to administer a "reasonable" search and seizure, the state needed probable cause. But in 1968, the Warren Court, despite its liberal reputation, lowered the standard police officers had to meet to conduct a certain type of search: the so-called "'stop' and 'frisk.'" A "stop and frisk" occurs when a police officer, believing a suspect is armed and crime is afoot, stops the suspect, conducts an interrogation, and pats him …
Violence Against Sikhs Stems From Ignorance And Fear,
2012
University of New Mexico - School of Law
Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Call The Colorado Shootings What They Were: Terrorism,
2012
University of New Mexico - School of Law
Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions,
2012
American University Washington College of Law
Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith
Presentations
sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.
Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown,
2012
University of Arkansas at little Rock William H. Bowen School of Law
Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings
Law Faculty Scholarship
The financial market crisis of 2008 landed heaviest and hardest upon communities of color. In the minority communities that continue to bear the crushing weight of this crisis—which continues unrequited—women of color, and by extension, their families, are by far the group most devastated by the global market meltdown. In an ultimate irony, most economists, scholars, and commentators now agree that the collapse, which continues to ravage Main Street, was caused primarily by a select group of privileged white men–i.e., Wall Street executives, bankers, and the politicians purchased by Wall Street largess. The impact of Wall Street’s fascination with securitizing …
Masthead,
2012
University of Miami Law School
Religious Freedom And Inmate Grooming Standards,
2012
University of New Mexico - School of Law
Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu
Faculty Scholarship
In this Article, I argue that the Eleventh Circuit's general legal approach to such religious freedom claims and its support for restrictive inmate grooming standards are no longer sustainable. That is, a substantial and increasing number of jurisdictions have been able to respond to their penological concerns-the same penological interests that undergird and justify the restrictive inmate grooming standards adopted by the states within the Eleventh Circuit-without abridging the rights of inmates to grow their hair in accordance with their respective faiths. Accordingly, I posit that the Eleventh Circuit's jurisprudence must not only be revisited, but replaced with a more …
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?,
2012
University of Michigan Law School
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
Michigan Law Review First Impressions
In 1975, the Brothers Malone took the entrance exam for the Boston Fire Department. At the time, the Department was under a court-ordered affirmative action plan: it divided its pool of test-takers into groups of black and white applicants and gave substantial preference to those in the former. The Brothers listed themselves as white and didn't make the cut. In 1977, the Brothers Malone again took the entrance exam for the Boston Fire department, this time listing themselves as black. The Brothers became firemen. Within a few years, someone at the Fire Department grew suspicious of the Malones. An investigation …
The Black International Tradition And African American Business In Africa,
2012
North Carolina Central University School of Law
The Black International Tradition And African American Business In Africa, Henry J. Richardson Iii
North Carolina Central Law Review
No abstract provided.
Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978,
2012
Chicago-Kent College of Law
Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978, Gwen Jordan
Chicago-Kent Law Review
Edith Sampson was one of the leading black women lawyers in Chicago for over fifty years. She was admitted to the bar in 1927 and achieved a number of firsts in her career: the first black woman judge in Illinois, the first African American delegate to the United Nations, and the first African American appointed to the North Atlantic Treaty Organization. Sampson was also a pro-democracy, international spokesperson for the U.S. government during the Cold War, a position that earned her scorn from more radical African Americans, contributed to a misinterpretation of her activism, and resulted in her relative obscurity …
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson,
2012
Brooklyn Law School
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Scholarship
No abstract provided.
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court,
2012
Hamline University School of Law
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Michigan Journal of Race and Law
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …
Towards A Balanced Approach For The Protection Of Native American Sacred Sites,
2012
University of Utah S.J. Quinney College of Law
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Michigan Journal of Race and Law
Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …
Rluipa: What's The Use,
2012
University of Michigan Law School
Rluipa: What's The Use, Jason Z. Pesick
Michigan Journal of Race and Law
After Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which protects religious land use, many observers feared that the legislation would allow religious organizations to flout land-use regulations. Because RLUIPA defines "religious exercise" broadly, these observers feared the law would protect an array of nonworship uses, including commercial ventures, as long as a religious entity owned the land. More than a decade after RLUIPA's passage, this Note concludes that courts have not interpreted religious exercise as broadly as those observers feared. Courts have not, however, settled on a clear or consistent way of interpreting religious …
The Abyss Of Racism,
2012
University of Arkansas at Little Rock William H. Bowen School of Law
The Abyss Of Racism, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
Derrick Bell: Godfather Provocateur,
2012
University of Arkansas at little Rock William H. Bowen School of Law
Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings
Law Faculty Scholarship
Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …
The Folly - And Faith - Of Furman,
2012
University of Arkansas Little Rock
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Journal of Appellate Practice and Process
No abstract provided.
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution,
2012
Loyola University Chicago School of Law
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Michigan Law Review
Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …
How 'Duty To Retreat' Became 'Stand Your Ground',
2012
William & Mary Law School
How 'Duty To Retreat' Became 'Stand Your Ground', Jeffrey Bellin
Popular Media
No abstract provided.
Aals Section On Women In Legal Education Reflections: 2002-2011,
2012
Oklahoma City University School of Law
Aals Section On Women In Legal Education Reflections: 2002-2011, Danne L. Johnson
UMKC Law Review
No abstract provided.
