Religious Liberty, Discriminatory Intent, And The Conservative Constitution, 2023 University of San Francisco
Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso
Utah Law Review
The Supreme Court shocked the world at the end of its 2021–22 term by issuing landmark decisions ending constitutional protection for abortion rights, expanding gun rights, and weakening what remained of the wall between church and state. One thread uniting these cases that captured the public’s attention is the rhetoric common of originalism—a backwards-looking theory of constitutional interpretation focused on founding-era meaning and intent. This Article identifies the discriminatory intent doctrine as another powerful tool the Court is using to protect the social norms and hierarchies of a bygone era, and to build a conservative Constitution.
Discriminatory intent rose to …
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, 2023 Roger Williams University
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Depaul Digest, 2023 DePaul University
Depaul Digest
DePaul Magazine
College of Education Professor Jason Goulah fosters hope, happiness and global citizenship through DePaul’s Institute for Daisaku Ikeda Studies in Education. Associate Journalism Professor Jill Hopke shares how to talk about climate change. News briefs from DePaul’s 10 colleges and schools: Occupational Therapy Standardized Patient Program, Financial Planning Certificate program, Business Education in Technology and Analytics Hub, Racial Justice Initiative, Teacher Quality Partnership grant, Intimate Partner Violence and Brain Injury collaboration, School of Music Career Closet, Sports Photojournalism course, DePaul Migration Collaborative’s Solutions Lab, Inclusive Screenwriting courses. New appointments: School of Music Dean John Milbauer, College of Education Dean Jennifer …
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, 2023 University of Cincinnati College of Law
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney
University of Cincinnati Law Review
No abstract provided.
An Imperial History Of Race-Religion In International Law, 2023 Osgoode Hall Law School of York University
An Imperial History Of Race-Religion In International Law, Rabiat Akande
Articles & Book Chapters
More than half a century after the UN’s adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention’s protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were mutually co-constitutive in the colonial encounter and foundational to the making of modern international law. Moreover, the contemporary proposal to address the interplay of racial and religious othering is hardly new; iterations of that demand surfaced in the earlier twentieth century, as well. By illuminating the centrality …
Front Matter And Table Of Contents, 2023 University of Miami Law School
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences, 2023 University of Iowa College of Law
Drug Courts: The Risk Of An Increased Number Of Drug-Related Arrests And Long Jail Sentences, Wayne A. Comstock
University of Miami Race & Social Justice Law Review
In June 1971, President Richard Nixon declared a War on Drugs. As the War on Drugs continued throughout the 1980s, drug-related convictions increased, leading to overcrowding in prisons across the United States. Drug courts operate as an alternative to incarceration in which criminal defendants enter court mandated drug treatment programs. Judges monitor the progress of drug court participants through scheduled status hearings. However, contrary to their purpose, drug courts may contribute to incarceration by presenting the risk of an increased number of drug-related arrests in those jurisdictions that have implemented drug courts and long jail sentences imposed as sanctions for …
Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement, 2023 Duquesne University School of Law
Police Brutality & Unions: Collective Bargaining Is The Problem, Not Law Enforcement, Falco Anthony Muscante Ii
University of Miami Race & Social Justice Law Review
When Derek Chauvin knelt on George Floyd’s neck for more than nine minutes, and when Jason Van Dyke fired sixteen rounds at Laquan McDonald who was walking away from the responding officers, were Chauvin and Van Dyke acting exclusively of their own volition, or were their actions indicative of a deeper, systemic issue? Nearly 60% of law enforcement officers enjoy collective bargaining protections from their police unions, but these protections create a lack of accountability.
Police unions can bargain collectively with police departments because of state legislation, which typically allow for negotiation over matters affecting wages, hours, and terms and …
Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, 2023 University of Miami Law School
Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, Abigail Young
University of Miami Race & Social Justice Law Review
No abstract provided.
Masthead, 2023 University of Miami Law School
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System, 2023 University of Miami Law School
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System, Raegan Burke
University of Miami Race & Social Justice Law Review
No abstract provided.
Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, 2023 Brigham Young University Law School
Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk
Brigham Young University Journal of Public Law
This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and 2010, a racial or ethnic violation of the Fair Housing Act of 1968 or the Fair Housing Amendments Act of 1988 is alleged. The results reveal significant variations in outcomes between these groups across the country. Most importantly, the probability of an outcome favorable to the complainant …
Table Of Contents, 2023 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, 2023 American University Washington College of Law
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter
Articles in Law Reviews & Other Academic Journals
In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, 2023 Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, 2023 Washington and Lee University School of Law
The Impact Of Government Sponsored Segregation On Health Inequities: Addressing Death Gaps Through Reparations, Mariya Denisenko
Washington and Lee Law Review
Government sponsored segregation of urban neighborhoods has detrimentally impacted the health of Black Americans. Over the last century, federal, state, and local governments have promulgated racist laws and policies that shaped the racial divide of communities in major metropolitan cities. This divide has contributed to poor health outcomes and large discrepancies in life expectancy for Black Americans when compared to their White counterparts. While health is impacted by various factors, segregation has been shown to impose various challenges that make it difficult for Black Americans to attain good health.
Segregated Black communities struggle with economic inequality, environmental racism, and face …
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., 2023 St. Mary's University
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Reifying Injustice: Using Culturally Specific Tattoos As A Marker Of Gang Membership, 2023 Southwestern Law School
Reifying Injustice: Using Culturally Specific Tattoos As A Marker Of Gang Membership, Beth Caldwell
Washington Law Review
The “gang” label has been so highly racialized that white people who self- identify as gang members are almost never categorized as “gang members” by law enforcement, while Black and Latino people who are not gang members are routinely labeled and targeted as if they were. Different rules attach to people under criminal law once they are labeled gang members, yet this two-track system is justified under the guise that the racially disparate treatment is legitimate because of gang association.
This Article takes one concrete example—culturally specific tattoos—and unmasks how racial markers are used to attach the gang label. Specifically, …
2023 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Vanita Gupta, 2023 Department of Justice
2023 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Vanita Gupta, Vanita Gupta, Peter B. Rutledge, Clare R. Norins, John B. Meixner Jr., Matthew R. Auer
Judge Horace J. Johnson Lecture on Race, Law and Policy
School of Law Dean Peter Bo Rutledge gave introductory remarks, while law faculty members Clare Norins and John Meixner co-moderated, and SPIA Dean Matthew Auer provided closing remarks.
Vanita Gupta is the 19thUnited States Associate Attorney General and serves as the third-ranking official at the Department of Justice. Associate Attorney General Gupta supervises multiple litigating divisions within the Department of Justice, including the Civil Division, Civil Rights Division, Antitrust Division, Tax Division, and Environmental and Natural Resources Division. She also oversees the grant making components of the Department, including the Office of Justice Programs, the Office on Violence Against Women, …
Thurgood Marshall Memorial Lecture 9-13-2023, 2023 Roger Williams University
Thurgood Marshall Memorial Lecture 9-13-2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.