The Antislavery Judge Reconsidered,
2011
University of Dayton
The Antislavery Judge Reconsidered, Jeffrey M. Schmitt
School of Law Faculty Publications
It is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an antislavery judge who ruled on proslavery legislation was forced to choose, not between liberty and slavery, but rather between liberty and fidelity to his conception of the judicial role in a system of limited government. Focusing on the proslavery Fugitive Slave Act of 1850, this article challenges the conventional view by arguing that the constitutionality of the fugitive act was ambiguous; meaning that neutral legal principles supported a ruling against the fugitive act …
Stereotype Threat In Criminal Interrogations: Why Innocent Black Suspects Are At Risk For Confessing Falsely,
2011
University at Albany, State University of New York
Stereotype Threat In Criminal Interrogations: Why Innocent Black Suspects Are At Risk For Confessing Falsely, Cynthia J. Najdowski
Psychology Faculty Scholarship
Little theoretical attention has been paid to evidence that Blacks are overrepresented in samples of false confessors compared to Whites. One possible explanation is that innocent Black suspects experience stereotype threat in interrogations and that this threat causes Black suspects to experience more arousal, self-regulatory efforts, and cognitive load compared to White suspects. These psychological mechanisms could lead innocent Black suspects to display more nonverbal behaviors associated with deception and, ironically, increase the likelihood that police investigators perceive them as guilty. In response, investigators might engage in more coercive tactics and exert more pressure to confess on Black suspects than …
At And Beyond Fifteen: Mapping Latcrit Theory, Community, And Praxis,
2011
University of Oregon School of Law
At And Beyond Fifteen: Mapping Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes
University of Miami Race & Social Justice Law Review
No abstract provided.
Front Matter And Table Of Contents,
2011
University of Miami Law School
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America,
2011
University of Miami Law School
A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph K. Grant
University of Miami Race & Social Justice Law Review
No abstract provided.
Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice",
2011
University of Miami Law School
Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes
University of Miami Race & Social Justice Law Review
No abstract provided.
New Century Freedom For The Freedmen,
2011
University of Miami Law School
New Century Freedom For The Freedmen, Danné L. Johnson
University of Miami Race & Social Justice Law Review
No abstract provided.
The Color Of Water: Observations Of A Brown Buffalo In Ten Stanzas,
2011
University of Miami Law School
The Color Of Water: Observations Of A Brown Buffalo In Ten Stanzas, Tom Romero
University of Miami Race & Social Justice Law Review
No abstract provided.
Rascuache Lawyering,
2011
University of Miami Law School
Rascuache Lawyering, Alfredo Mirandé
University of Miami Race & Social Justice Law Review
No abstract provided.
Lawyers And Slaves: A Remarkable Case Of Representation For The Antebellum South,
2011
University of Miami Law School
Lawyers And Slaves: A Remarkable Case Of Representation For The Antebellum South, Jason A. Gillmer
University of Miami Race & Social Justice Law Review
No abstract provided.
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney,
2011
Vanderbilt University Law School
Widening Batson's Net To Ensnare More Than The Unapologetically Bigoted Or Painfully Unimaginative Attorney, Jeffrey Bellin, Junichi P. Semitsu
Vanderbilt Law School Faculty Publications
In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of un- earthing racially discriminatory peremptory strikes. Yet the Court left in place the talismanic protection available to those who might misuse the peremptory challenge-the unbounded collection of justifications that courts, including the Supreme Court, accept as "race neutral." To evaluate the Court's continuing faith in Batson, we conducted a survey of all federal published and unpublished judicial decisions issued in this first decade of the new millennium (2000-2009) …
The Exclusion Of Non-English-Speaking Jurors: Remedying A Century Of Denial Of The Sixth Amendment In The Federal Courts Of Puerto Rico,
2011
Boston University School of Law
The Exclusion Of Non-English-Speaking Jurors: Remedying A Century Of Denial Of The Sixth Amendment In The Federal Courts Of Puerto Rico, Jasmine Gonzales Rose
Faculty Scholarship
This Article explores the constitutional implications of the Jury Selection and Service Act’s English language juror prerequisite, as applied in the federal courts in Puerto Rico. The language requirement results in the exclusion of approximately 90% of the age-eligible population of Puerto Rico from federal jury service and disproportionately excludes Puerto Ricans of color and the poor. The Article argues that application of the language requirement in Puerto Rico violates monolingual Spanish speakers’ fundamental Sixth Amendment right to a jury selected from a fair cross section of the community in federal criminal proceedings. It also examines the English language juror …
Building On Best Practices–Call For Ideas And Authors,
2011
University of New Mexico - School of Law
Building On Best Practices–Call For Ideas And Authors, Antoinette M. Sedillo Lopez
Faculty Scholarship
The Clinical Legal Association Best Practices Implementation Committee is planning a follow-up publication to Best Practices for Legal Education by Roy Stuckey and others. The vision of the book is to build on ideas for implementing best practices, and to develop new theories and ideas on Best Practices for Legal Education.
Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision,
2011
University of Baltimore Law School
Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson
University of Michigan Journal of Law Reform
School district boundary lines play a pivotal role in shaping students' educational opportunities. Living on one side of a school district boundary rather than another can mean the difference between being able to attend a high-achieving resource-enriched school or having to attend a low-achieving resource-deprived school. Despite the prominent role that school district boundary lines play in dictating educational opportunities for students, remedies formulated by the federal judiciary-the institution frequently looked upon to address issues of school segregation and inequality-are ineffective in ameliorating disparities between school districts. They are ineffective because the federal judiciary evidences a doctrinal preference for localism …
New Financial Regulation Reform: A Good Measure For African Americans,
2011
North Carolina Central University School of Law
New Financial Regulation Reform: A Good Measure For African Americans, Alexander J. Chenault
North Carolina Central Law Review
No abstract provided.
Defending Profiling While Combating Racism: A Companion To Ogletree's Presumption Of Guilt,
2011
North Carolina Central University School of Law
Defending Profiling While Combating Racism: A Companion To Ogletree's Presumption Of Guilt, Amos N. Jones
North Carolina Central Law Review
No abstract provided.
Finding A Cure In The Courts: A Private Right Of Action For Disparate Impact In Health Care,
2011
University of Michigan Law School
Finding A Cure In The Courts: A Private Right Of Action For Disparate Impact In Health Care, Sarah G. Steege
Michigan Journal of Race and Law
There is no comprehensive civil rights statute in health care comparable to the Fair Housing Act, Title VII, and similar laws that have made other aspects of society more equal. After Congress passed the Civil Rights Act of 1964, Title VI served this purpose for suits based on race, color, and national origin for almost four decades. Since the Supreme Court's 2001 ruling in Alexander v. Sandoval, however, there has been no private right of action for disparate impact claims under Title VI, and civil rights enforcement in health care has suffered as a result. Congress has passed new legislation …
Dynamic Patent Governance In Europe And The United States: The Myriad Example,
2011
Marquette University Law School
Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren
Cardozo Journal of International and Comparative Law
This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …
Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership,
2011
Benjamin N. Cardozo School of Law
Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership, Rocio Garza
Cardozo Journal of International and Comparative Law
The note argues that human trafficking along the U.S.-Mexico border is a complex issue rooted in economic disparities, weak legal frameworks, and the challenges of distinguishing trafficking from smuggling. It advocates for a bilateral partnership between the United States and Mexico to address the transnational nature of the crime, emphasizing the need for coordinated efforts in prosecution, victim protection, and prevention.
Some Women's Work: Domestic Work, Class, Race, Heteropatriarchy, And The Limits Of Legal Reform,
2011
City University of New York School of Law
Some Women's Work: Domestic Work, Class, Race, Heteropatriarchy, And The Limits Of Legal Reform, Terri Nilliasca
Michigan Journal of Race and Law
This Note employs Critical Race, feminist, Marxist, and queer theory to analyze the underlying reasons for the exclusion of domestic workers from legal and regulatory systems. The Note begins with a discussion of the role of legal and regulatory systems in upholding and replicating White supremacy within the employer and domestic worker relationship. The Note then goes on to argue that the White, feminist movement's emphasis on access to wage labor further subjugated Black and immigrant domestic workers. Finally, I end with an in-depth legal analysis of New York's Domestic Worker Bill of Rights, the nation's first state law to …
