The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics,
2024
Texas A&M University School of Law
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran
Faculty Scholarship
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy …
"They Are Who We Thought They Were": The Influence Of White Supremacist Discourse On Voter Suppression And Black Health.,
2024
University of Louisville
"They Are Who We Thought They Were": The Influence Of White Supremacist Discourse On Voter Suppression And Black Health., Tanisha Howard Lewis
Electronic Theses and Dissertations
Political systems in the United States have contributed to health outcomes in the through the historic and legal doctrine related to race and racism, segregation, housing, employment, and education. In recent years, significant attention has been given to theorizing the political determinants of health and what it means in the overall conversation about health equity. The equity implications of the political determinants of health are innumerable because they are the origin point of the structural determinants of health and the primary drivers of the social determinants of health, which span from environmental conditions to food security. The focal determinant of …
The Mismeasure Of Puerto Rico: Xenophobia And The Moral Bankruptcy Of U.S. Colonialism,
2024
Brooklyn Law School
The Mismeasure Of Puerto Rico: Xenophobia And The Moral Bankruptcy Of U.S. Colonialism, Ernesto Sagás, Ediberto Román
Journal of Law and Policy
This Article examines the racialization of Puerto Ricans within the legal context of the colonial relationship between the United States and its largest colony. The first section examines the first half century of U.S. rule (1898-1952) and how colonial administrators typically used arrogance and paternalism, the self-proclaimed white superiority of the ruling class, and the presumed inferiority of the subjects and their incapability to become full members of the United States, to justify colonial rule. The second section describes the establishment of the Commonwealth of Puerto Rico in 1952, a legal fiction designed to instill in Puerto Ricans and the …
The Use Of Procedural Rules To Silence Minority Party Dissent In The Tennessee State Legislature And Its Racially Discriminatory Roots,
2024
Brooklyn Law School
The Use Of Procedural Rules To Silence Minority Party Dissent In The Tennessee State Legislature And Its Racially Discriminatory Roots, Rosie Fatt
Journal of Law and Policy
The expulsion of two young Black legislators, Justin Jones and Justin J. Pearson, from the Tennessee General Assembly in April 2023 was not an aberration. This Note argues that the expulsions follow a historical pattern of systematic marginalization of Black representative power in the South. This Note connects the history of minority exclusion in state legislatures, beginning with Black legislators barred from taking their elected seats in the Georgia House, through to the present day. Specifically, it focuses on the use of procedural rules, particularly expulsions, as tools to limit the speech and representative power of Black legislators. It discusses …
Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions,
2024
Brooklyn Law School
Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions, Alexa A. Panganiban
Journal of Law and Policy
While the COVID-19 Pandemic affected health, social interaction, and politics on a global scale, Asian Americans in the United States faced the added hardship of racism and xenophobia. Unfortunately, anti-Asian sentiment in the U.S. is not unprecedented and has historical roots dating back to at least the nineteenth century. However, with right-wing leaders using condescending labels like “Chinese virus” and “Kung Flu” to describe the deadly infection, Asian hate has escalated to astronomical levels. Within one year of the onset of the Pandemic, more than 9,000 reports of Asian hate were filed, and this exponential surge led to the adoption …
The Right To Preschool: Once A Wartime Necessity, Now A Fundamental Step Towards Educational Equity,
2024
Brooklyn Law School
The Right To Preschool: Once A Wartime Necessity, Now A Fundamental Step Towards Educational Equity, Alex Raskin
Journal of Law and Policy
The most vital time for cognitive development is the first five years of a child’s life, impacting everything from language skills to social and emotional abilities. This makes access to high-quality universal preschool a necessity, as increasingly more families are without stable childcare in America. Preschool tuition now averages $10,000 annually and without paid parental leave, millions of children are left without formal learning or adequate supervision before kindergarten. This disproportionately impacts Black and brown students and students with disabilities, while continuing cycles of poverty and the gender wage gap. The only time the U.S. government provided high-quality universal preschool …
Fetch The Bolt Cutters: Reflections On Racial Capitalism And The Nafta/Usmca,
2024
Brooklyn Law School
Fetch The Bolt Cutters: Reflections On Racial Capitalism And The Nafta/Usmca, J. Benton Heath
Brooklyn Journal of International Law
Using the pecan orchards of West Texas as a starting point, this Article offers a reflection on the utility of racial capitalism as an organizing frame for understanding international trade and trade agreements. The Article is also a tribute to other scholars in this field, whose work long precedes and informs my own. It is an expanded version of a presentation given for an symposium at Brooklyn Law School in October 2023 on Promises and Challenges for the Future of North American Trade, and it is written for readers who may be unfamiliar with this body of work.
American Law In The New Global Conflict,
2024
Georgetown University Law Center
American Law In The New Global Conflict, Mark Jia
Georgetown Law Faculty Publications and Other Works
This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and pathologies. There has been a diminishment in rights among groups with imputed ties to a geopolitical adversary. But there has also been a modest expansion in rights where advocates have linked desired reforms with geopolitical goals. Institutionally, the new global conflict has at times …
Defiance,
2024
Southern Methodist University
Racial Targets,
2024
Northwestern Pritzker School of Law
Racial Targets, Atinuke O. Adediran
Northwestern University Law Review
It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020’s racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as “racial targets.” The Article addresses this phenomenon and shows that companies can defend racial targets as distinct from racial quotas, which involve a rigid number or proportion of opportunities reserved exclusively for minority groups. The political implications of the legal defensibility of racial targets are significant in this moment in American history, where race …
Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences,
2024
St. Mary's University
Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson
St. Mary's Law Journal
No abstract provided.
Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora,
2024
Yeshiva University, Cardozo School of Law
Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora, Cardozo Federalist Society
2023–2024 Flyers
No abstract provided.
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country,
2024
University of Montana
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?,
2024
University of Montana
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
Editors And Staff Members,
2024
University of Montana
What Will Happen To Cleo In The Wave Of Affirmative Action Litigation,
2024
Drake Law School
What Will Happen To Cleo In The Wave Of Affirmative Action Litigation, Erin Lain
Belmont Law Review
The Students for Fair Admission (“SFFA”) decision has upended how law schools conduct admission, changing the decades-old practices of considering race as one of many factors in the admissions process. Despite the narrow use of race in the admission process, the legal profession is still almost 81% white, suggesting the use of affirmative action has not been a substantial boost to minority enrollment in law school. Despite the low impact, the United States Supreme Court proceeded with a sweeping decision declaring the use of racial checkboxes unconstitutional and limiting the use of race in admissions to evidence of nonracial attributes …
The Great "White" Way: Reconsidering Comprehensive Color-Conscious Casting Plans Through Affirmative Action, Commercial Speech, And Statutory Amendment,
2024
Belmont University College of Law
The Great "White" Way: Reconsidering Comprehensive Color-Conscious Casting Plans Through Affirmative Action, Commercial Speech, And Statutory Amendment, Jacob Franklin Greene
Belmont Law Review
This Note discusses the theatrical casting process from publishing a breakdown through audition day type outs and how this process exposes productions, theater companies, and Actor’s Equity Association (“AEA”) to potential liability. Part I provides a background on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981, as these are the federal antidiscrimination laws under which a lawsuit is most likely to arise. Part II explores the language of breakdowns, defines the concept of theatrical typing, and discusses the two predominant methods the theater industry frequently utilizes in casting shows. Likewise, …
Survival Labor,
2024
Indiana University Maurer School of Law
Survival Labor, Yvette Butler
Articles by Maurer Faculty
This Article makes one simple, novel claim: crime is labor when it generates income, allows individuals to pursue self-sufficiency, or allows them to fulfill societal expectations of providing for or caring for dependents. When individuals engage in survival crimes, instead of seeing them as criminals, we should see them as workers engaged in survival labor.
The carceral system continues to disproportionately harm racial minorities and people living in poverty. The foundations of many laws regulating racialized bodies and the policing of those bodies has created a culture where blackness is equivalent to criminality. While a penal abolitionist framework is helpful …
Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America,
2024
Santa Clara University
Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger
History
This article is based on the presidential address presented to the Society for Historians of the Gilded Age and Progressive Era at the meeting of the Organization of American Historians in Los Angeles in 2023. Its focus is Maury Diggs and Drew Caminetti, two white men from Sacramento, California, charged with violating the Mann Act (known as the White Slave Trafficking Act) in 1913. The Gilded Age and Progressive Era obsession with white slavery, a phenomenon that has particular resonance in today’s climate, reveals the power of moral panics. Examining the steps, and missteps, that various legal, social, and political …
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products,
2024
Mississippi College School of Law
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, Grafton Bragg
MC Law Review
This Note is about an existing plague on employment-law jurisprudence in the Fifth Circuit. Small and big companies alike can terminate an employee for no discriminatory reason but then be tagged with a lawsuit that has a fair chance of success, just because the disgruntled former employee is willing to lie or the parties disagree over the facts. This is true even though no evidence of actual discrimination exists. The work-rule doctrine changes at-will employment to good-will employment under the guise of federal employment discrimination statutes. Whatever your position is on the longstanding at-will employment regimes, there can be no …
