Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions,
2023
Mitchell Hamline School of Law
Engaging In Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, And Future Directions, Daina Strub Kabitz
Mitchell Hamline Law Review
No abstract provided.
A Vision Of The Anti-Racist Public Corporation,
2023
Loyola University Chicago, School of Law
A Vision Of The Anti-Racist Public Corporation, Steven A. Ramirez
Faculty Publications & Other Works
The publicly traded corporation rightly exemplifies the great potential of legal infrastructure to advance macroeconomic growth and human development. Left to its current legal and regulatory frameworks, however, it will fuel inequality and the replication of racial hierarchy indefinitely. Taking affirmative action to broaden participation of our population at all levels of the public firm will open its ability to fund human ingenuity to all. This would vindicate the essential public purpose of the legal infrastructure governing the public corporation. It would also place capitalism itself on a firmer social foundation through the creation of a more cohesive and productive …
Introduction To The Symposium On Race, Racism, And International Law,
2023
Loyola University Chicago, School of Law
Introduction To The Symposium On Race, Racism, And International Law, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place,
2023
William & Mary Law School
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa
William & Mary Journal of Race, Gender, and Social Justice
Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …
Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death,
2023
University of Detroit Mercy School of Law
Sheriffs, Shills, Or Just Paying The Bills?: Rethinking The Merits Of Compelling Merchant Cooperation With Third-Party Policing In The Aftermath Of George Floyd’S Death, Stephen Wilks
Washington and Lee Law Review
This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of …
Taking The Knee No More: Police Accountability And The Structure Of Racism,
2023
Rutgers University
Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt
Washington and Lee Law Review
From before the birth of the republic to the present day, police brutality has represented a signature injustice of state authority, especially against African Americans. Defining that injustice is the lack of accountability for official misconduct. The rule of law has systematically failed to deter lawbreaking by its law enforcement departments. This Article explores the various legal and institutional means by which accountability should be imposed and demonstrates the design elements of structured immunity. Using Critical Race Theory and traditional civil rights law notions of how structural racism operates, this Article argues that transformative change can only come about through …
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education,
2023
University of Iowa
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Washington and Lee Law Review
This Article introduces a novel concept, higher education redress statutes (“HERS”), to illustrate efforts that acknowledge and amend past wrongs towards African Americans. More proximally, the Article shines a probing light on the escalation of HERS in southeastern states that serve as a site for state regulation and monitoring. The Author exposes how higher education redress statutes, designed to provide relief or remedy to Black people for states’ higher education’s harm, categorically ignore groups of Black people who rightfully should also be members of the statutorily protected class. This Article queries whether legislators can expand the scope of such statutes …
Voting Justice: Why The Attack On Voting Rights Is Best Understood As A "Justice" Issue,
2023
University of San Francisco School of Law
Voting Justice: Why The Attack On Voting Rights Is Best Understood As A "Justice" Issue, Yalda Nia
University of San Francisco Law Review
No abstract provided.
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?,
2023
Seattle University School of Law
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
The Founding Of The Justice For All Edition,
2023
Roger Williams University
The Founding Of The Justice For All Edition, Rachel Dunham, Sophia Weaver
Roger Williams University Law Review
No abstract provided.
Teaching Race And Law In The Gen Z Classroom,
2023
Associate Professor at the University of Connecticut School of Law
Teaching Race And Law In The Gen Z Classroom, Nadiyah J. Humber
Roger Williams University Law Review
No abstract provided.
Aba-Mandated Instruction On Racism And Recent State Legislation Banning Such Instruction In University Classrooms: “Jim Crow” Redux,
2023
Professor of Law and Director, Race and the Foundations of American Law Program, Roger Williams University School of Law
Aba-Mandated Instruction On Racism And Recent State Legislation Banning Such Instruction In University Classrooms: “Jim Crow” Redux, Bernard K. Freamon
Roger Williams University Law Review
No abstract provided.
What To The Marginalized Person Is The American Dream,
2023
Florida A&M University College of Law
What To The Marginalized Person Is The American Dream
Florida A & M University Law Review
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 …
The Anti-Woke And The Black American (Waking) Dream,
2023
Florida A&M University College of Law
The Anti-Woke And The Black American (Waking) Dream
Florida A & M University Law Review
This essay, though not a direct transcript, is based largely upon the keynote address given by the author on February 24, 2023, at the “The American Dream Belongs to All of Us” Symposium sponsored by the Florida A&M University (FAMU) Law Review and the FAMU Hispanic American Law Student Association (HALSA) at FAMU College of Law. The author joyfully acknowledges that her remarks are likely impermissible under the so-called Stop-W.O.K.E. Act that is currently being challenged in court by members of the FAMU College of Law community.
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 …
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground,
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 …
