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The Antislavery Judge Reconsidered, Jeffrey M. Schmitt 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, Cynthia J. Najdowski 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, Steven W. Bender, Francisco Valdes 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, Joseph K. Grant 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", Mario L. Barnes 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, Danné L. Johnson 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, Tom Romero 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, Alfredo Mirandé 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, Jason A. Gillmer 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, Jeffrey Bellin, Junichi P. Semitsu 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, Jasmine Gonzales Rose 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, Antoinette M. Sedillo Lopez 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, Erika K. Wilson 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, Alexander J. Chenault 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, Amos N. Jones 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, Sarah G. Steege 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, Kali Murray, Esther van Zimmeren 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, Rocio Garza 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, Terri Nilliasca 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 …


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