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Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard, 2023 Florida A&M University College of Law

Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard

Florida A & M University Law Review

This note asserts that exclusionary zoning and housing based on income or economic standing can have a disparate impact on race. The disparate impact standard of the Fair Housing Act of 1968, 42, U.S.C.S § 3601 et seq., used in the Texas Department of Housing and Community Affairs v. Inclusive Communities, does not do enough to aid plaintiffs in bringing claims where there is a racial disparity in housing. Part One of this paper will discuss the Federal policies that historically contributed to the wealth gap that exists on the basis of race, the legacy of these policies, and how …


School Curriculum: The Sigmatic Harm To Students And The Responsibility Of Congress To Act Again, 2023 Florida A&M University College of Law

School Curriculum: The Sigmatic Harm To Students And The Responsibility Of Congress To Act Again

Florida A & M University Law Review

When Brown was decided, the Supreme Court felt that it could not trust the States to encourage and facilitate equality on its own, which was proven true in the subsequent, decades-long resistance against integration following the Brown II mandate. Once again, the States cannot be trusted to move towards equality and away from backward community norms and bias without federal intervention. This is currently being exemplified by states like Florida—explicitly banning public schools from teaching Critical Race Theory. The Supreme Court does not seem willing to extend Brown any further, but the federal government may encourage and facilitate curriculum equality …


The American Dream Belongs To All Of Us: Latinos And Jamaican Americans Experience Cultural Genocide By American Assimilation, 2023 Florida A&M University College of Law

The American Dream Belongs To All Of Us: Latinos And Jamaican Americans Experience Cultural Genocide By American Assimilation

Florida A & M University Law Review

Racism in the United States has had a detrimental effect on the Latino and Jamaican experience in this country; affirmative action can be used to promote acculturation rather than assimilation. Part I of this article will explore the origins of the American Experiment as the creation of a country with freedom and democracy and how the benefit of those rights has never been given to racialized minorities without a struggle and fight. Part II explores Supreme Court cases that deal with discrimination issues in America and highlights how the solution to the forced assimilation of diverse cultures cannot be found …


The Roots Of The Problem: How The Crown Act Could Remedy The Inadequacies Of Title Vii Hair Discrimination Protections In The Entertainment Industry, 2023 Florida A&M University College of Law

The Roots Of The Problem: How The Crown Act Could Remedy The Inadequacies Of Title Vii Hair Discrimination Protections In The Entertainment Industry

Florida A & M University Law Review

This article will examine the inadequacies of Title VII of the Civil Rights Act of 1964 (“Title VII”) as it relates to hair discrimination in the entertainment industry and how the “Create a Respectful and Open Workplace for Natural Hair” (“CROWN”) Act could help to alleviate those inadequacies. Title VII fails to acknowledge the connection between hair texture/ protective styles and race. The entertainment industry exploits the failures of Title VII when casting African American women for television and film roles. Industry executives have been known to ask actresses to mute or exaggerate their blackness through different requests for their …


Silencio: The Hispanic/Latino Reticent Approach To Racism, 2023 Florida A&M University College of Law

Silencio: The Hispanic/Latino Reticent Approach To Racism

Florida A & M University Law Review

Many Latinos dream of coming to America in search for a better way of life but instead are faced with discrimination based on where they come from, the language they speak, and the pigmentation of their skin. Racial discrimination is one of the most ever-present issues in the United States of America today. Some look at discrimination and believe that it has been “fixed” through our political and judicial processes. However, others know that discrimination is still alive and prominent today. Today, discrimination has manifested itself differently –it is discreet and indirect but still prominent in the daily lives of …


The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero II 2023 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii

Scholarly Works

No abstract provided.


Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr 2023 University of Colorado Law School

Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr

Publications

Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because …


Critical Erase Theory: The Assault On Public School Curriculum, Brooks R. Cain 2023 University of Oklahoma College of Law

Critical Erase Theory: The Assault On Public School Curriculum, Brooks R. Cain

Oklahoma Law Review

No abstract provided.


What, To The Marginalized Person, Is The American Dream, Deidre Keller 2023 FAMU College of Law

What, To The Marginalized Person, Is The American Dream, Deidre Keller

Journal Publications

I will organize this Note around three themes Douglass articulated in his speech. These themes, which remain timely and relevant over 170 years later, are (1) the importance of attending to those most impacted by injustices; (2) the responsibility of each of us to address the injustices we see in the world around us; and (3) the practice of remaining hopeful in the face of what, at times, may feel like daunting circumstances. I will structure this Note around these three themes as I consider what the American Dream means for marginalized persons. Throughout, I will weave in examples of …


Advancing Racial Justice Through Civil And Criminal Academic Medical-Legal Partnerships, Yael Cannon, Vida Johnson 2023 Georgetown University Law Center

Advancing Racial Justice Through Civil And Criminal Academic Medical-Legal Partnerships, Yael Cannon, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The medical-legal partnership (MLP) model, which brings attorneys and healthcare partners together to remove legal barriers to health, is a growing approach to addressing unmet civil legal needs. But MLPs are less prevalent in criminal defense settings, where they also have the potential to advance both health and legal justice. In fact, grave racial health inequities are deeply intertwined with both civil and criminal injustice. In both spheres, health justice is racial justice. Building on the experiences of the authors in their respective civil and criminal law school clinics at Georgetown University in Washington, D.C., this Article argues that academic …


Disrupting Carceral Logic In Family Policing, Cynthia Godsoe 2023 Brooklyn Law School

Disrupting Carceral Logic In Family Policing, Cynthia Godsoe

Michigan Law Review

A Review of Torn Apart: How the Child Welfare System Destroys Black Families and How Abolition Can Build a Safer World, By Dorothy Roberts.


Status Manipulation In Chae Chan Ping V. United States, Sam Erman 2023 University of Michigan Law School

Status Manipulation In Chae Chan Ping V. United States, Sam Erman

Michigan Law Review

A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.


The Geography Of Unfreedom, Ann M. Eisenberg 2023 University of South Carolina School of Law

The Geography Of Unfreedom, Ann M. Eisenberg

Michigan Law Review

A Review of Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia. By Judah Schept.


Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth 2023 University of Michigan Law School

Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth

Michigan Law Review

A Review of Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.


To Protect And Serve California's Children: Mitigating Police Coercion Of Minors Through California's New Attorney Consultation Mandate, Lila Garlinghouse 2023 University of San Francisco School of Law

To Protect And Serve California's Children: Mitigating Police Coercion Of Minors Through California's New Attorney Consultation Mandate, Lila Garlinghouse

University of San Francisco Law Review

No abstract provided.


Masthead, 2023 UC Law SF

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.


Capital Punishment For Latine Populations, Morgan Zamora 2023 UC Law SF

Capital Punishment For Latine Populations, Morgan Zamora

UC Law Journal of Race and Economic Justice

No abstract provided.


Foreword, John Akinwole 2023 UC Law SF

Foreword, John Akinwole

UC Law Journal of Race and Economic Justice

No abstract provided.


“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes 2023 UC Law SF

“Free Speech, Academic Freedom, And Racial Justice On Campus: An Aclu Lawyer’S Perspective”, Emerson Sykes

UC Law Journal of Race and Economic Justice

No abstract provided.


Methodological Gerrymandering, David Simson 2023 New York Law School

Methodological Gerrymandering, David Simson

Articles & Chapters

The U.S. Supreme Court has come to decide many of the most consequential and contentious aspects of social policy via its interpretations of the U.S. Constitution. Institutional features of the Court create significant pressure on the Justices to justify their decisions as applications of “law” rather than the practice of “politics.” Their perceived failure to do so calls forth criticism sounding in a variety of registers—ranging from allegations of a lack of neutrality, lack of impartiality, or lack of “principle,” to allegations of opportunism, disingenuousness, and hypocrisy. Analyzing the Justices’ choices in relation to interpretational “methodology”—choosing one lens through which …


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