Nathan Tauger Racial Segregation in West Virginia Housing, 1929-1971 123 West Virginia Law Review 171 (Fall, 2020) I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... 2020
Lizzie Seal, Alexa Neale Racializing Mercy: Capital Punishment and Race in Twentieth-century England and Wales 38 Law and History Review 883 (November, 2020) Death was the mandatory sentence for all defendants found guilty of murder in England and Wales until 1957, when capital punishment was limited to select categories of murder before being abolished in 1965. Capitally convicted murderers were hanged unless the Home Office deemed their case worthy of reprieve, recommending that the royal prerogative... 2020
Richard Delgado, Jean Stefancic Radical Method 24 U.C. Davis Social Justice Law Review Rev. 3 (Winter, 2020) Should traditional liberals and insurgent scholars who disdain the system nevertheless work together? They start at different points, build on clashing presumptions, and follow different methodologies. Nevertheless, they often come out the same way. Indeed, practitioners of the standard cases-and-policies approach sometimes end up instinctively... 2020
Haley Moss Raising the Bar on Accessibility: How the Bar Admissions Process Limits Disabled Law School Graduates 28 American University Journal of Gender, Social Policy and the Law 537 (2020) I. Introduction. 538 II. Background. 542 A. Disability Rights are Civil Rights: The Americans with Disabilities Act. 543 B. Reasonable Accommodations for High-Stakes Testing. 545 III. Analysis. 550 A. Applying for Admission: Character & Fitness. 550 i. Disclosure of Mental Health Disabilities. 551 ii. Fit to Practice? Mental Health and Disability... 2020
Thomas A. Saenz Recollections of the Legal Battle Against Proposition 187 53 U.C. Davis Law Review 2021 (April, 2020) Good morning. Thank you Professor Saucedo, my former colleague at MALDEF, for introducing me and also for taking the lead in organizing this important commemoration of the twenty-fifth anniversary of the enactment of Proposition 187. I'm not a scholar; later in the day you are going to hear from some tremendous scholars who have looked at these... 2020
Kamaria A. Guity Recreational Marijuana Legalization in New Jersey: the Formula for a Bill That Accounts for Racial Injustice 21 Rutgers Race & the Law Review 23 (2020) African Americans and Latinos are significantly overrepresented in our jail and prison populations for minor drug offenses. These numbers do not reflect African Americans' and Latinos' percentage of the general population nor their actual rate of drug use compared to Whites. Acknowledging this racial disparity, and for a number of different... 2020
Colleen Muñoz Reevaluating the Adjudication of Crimes Involving Moral Turpitude 24 Lewis & Clark Law Review 325 (2020) Criminalizing immigration status has tainted the lives of permanent residents in the United States for years. A minor misdemeanor conviction imposes the threat of extreme penalties for noncitizens and their continued residence in the United States. Specifically, a conviction of a crime involving moral turpitude can prevent a noncitizen from seeking... 2020
Ishita Chakrabarty Refoulement as a Corollary of Hate: Private Actors and International Refugee Law 61 Virginia Journal of International Law Online 51 (2020) While researchers in the field of refugee studies have set out to influence the policy decisions of host states, the reverse situation, where a host state's policy decisions have shifted refugee movements, has been little discussed. With the increasing incidence of hate crimes, refugees now find themselves in situations similar to those which they... 2020
Scott W. Stern Rethinking Complicity in the Surveillance of Sex Workers: Policing and Prostitution in America's Model City 31 Yale Journal of Law & Feminism 411 (2020) Abstract: This Note uncovers a history that has been largely ignored, dismissed, and sometimes even intentionally obscured: the history of the policing of sex workers in the twentieth century. When most lawyers think about the surveillance of sex workers, they think of a standard cast of characters: police, prosecutors, pimps, purchasers, and... 2020
Tristin K. Green Rethinking Racial Entitlements: from Epithet to Theory 93 Southern California Law Review 217 (January, 2020) From warnings of the entitlement epidemic brewing in our homes to accusations that Barack Obama replac[ed] our merit-based society with an Entitlement Society, entitlements carry new meaning these days, with particular negative psychological and behavioral connotation. As Mitt Romney once put it, entitlements can only foster passivity and... 2020
Deborah M. Ahrens Retroactive Legality: Marijuana Convictions and Restorative Justice in an Era of Criminal Justice Reform 110 Journal of Criminal Law and Criminology 379 (Summer, 2020) The last decade has seen the beginning of a new era in United States criminal justice policy, one characterized by a waning commitment to over-criminalization, mass incarceration, and a punitive War on Drugs as well as a growing regret for the consequences of our prior policies. One of the central questions raised by this shifting paradigm is what... 2020
  Right to a Jury Trial 49 Georgetown Law Journal Annual Review of Criminal Procedure 643 (2020) Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... 2020
Christine Sgarlata Chung Rising Tides and Rearranging Deckchairs: How Climate Change Is Reshaping Infrastructure Finance and Threatening to Sink Municipal Budgets 32 Georgetown Environmental Law Review 165 (Winter, 2020) The United States relies upon state and local governments to build, operate, maintain, and pay for most non-defense-related public infrastructure. State and local governments, in turn, rely upon the municipal bond market to raise capital for infrastructure projects. Climate change threatens to upend this system. As extreme storms and other climate... 2020
Travis Brandon Sea Level Rise Planning for Socially Vulnerable Communities: a More Equitable Approach to Federal Buyout Programs 97 University of Detroit Mercy Law Review 435 (Spring, 2020) While sea level rise will have devastating impacts up and down the coasts, that impact will be felt most strongly by socially vulnerable individuals and communities who lack the resources necessary to cope with and adapt to changing climate conditions. One study estimates that over the next thirty years, roughly 175 communities nationwide will see... 2020
Lori Nazry Ross See No Evil: a Look at Florida's Legislative Response to Holding Hotels Civilly Liable for "Turning a Blind Eye" to the Sex Trafficking Monster Hiding Behind Closed Doors 22 NYU Journal of Legislation and Public Policy 375 (2019-2020) Introduction. 376 I. An Overview of Human Trafficking and Sex Trafficking. 382 A. What Is Human Trafficking?. 382 B. Facts About Human Trafficking and Sex Trafficking. 383 II. The Intersection Between Sex Trafficking and the Hotel Industry. 385 III. An Overview of Federal Anti-Trafficking Laws. 387 A. The Trafficking Victims Protection Act and Its... 2020
Felice Batlan She Was Surprised and Furious: Expatriation, Suffrage, Immigration, and the Fragility of Women's Citizenship, 1907-1940 15 Stanford Journal of Civil Rights & Civil Liberties 315 (June, 2020) Introduction. 315 I. Coverture, Expatriation, and Women's Citizenship. 317 A. Coverture and Citizenship. 317 B. The Expatriation Act of 1907 and the Loss of Women's Citizenship. 319 C. Myth Making and Women's Expatriation of Citizenship in the U.S. Supreme Court. 321 D. Women's Suffrage, the Cable Act, and the Partial End of Derivative Citizenship.... 2020
Hannah Lustman Sick Uncertainty: How Executive Threats to Epa Programs for the U.s.-mexico Border Threaten Environmental Justice 10 Arizona Journal of Environmental Law & Policy 465 (Summer, 2020) The U.S.-Mexico Border is in the midst of a decades-long environmental health crisis. Unsafe and discriminatory land use practices, pollution, and lacking infrastructure are among the problems causing Border residents to become sick. They suffer from third world health afflictions in the Southwest corner of the first world. Because residents of... 2020
Mark S. Kende Social Media, the First Amendment, and Democratic Dysfunction in the Trump Era 68 Drake Law Review 273 (2020) In the fall of 2019, the congressionally endowed Drake Constitutional Law Center held a symposium on the book, Democracy and Dysfunction, authored by University of Texas law professor Sandy Levinson and Yale law professor Jack Balkin. Several scholars offered commentary on the book. This Article focuses on how the Internet is not what it used to... 2020
Jacob Barrett, University of Arizona, Social Reform in a Complex World 17 Journal of Ethics & Social Philosophy 103 (April, 2020) We live in an unjust world. Our social and political institutions stand in need of reform. But of all the changes we might make to these institutions, which would genuinely promote justice? And how should we, as theorists, go about trying to figure this out? Perhaps the most straightforward approach is problem solving: diagnosing particular... 2020
Anthony C. Thompson Stepping up to the Challenge of Leadership on Race 48 Hofstra Law Review 735 (Spring, 2020) First and foremost, I want to thank you for inviting me to deliver this keynote address. I applaud your choice to participate in a conference on difference and leadership because these are critical issues that deserve our best thinking and our collective attention. I have watched with great interest as organizations from global businesses, to law... 2020
Gwendolyn Roberts Majette Striving for the Mountaintop--the Elimination of Health Disparities in a Time of Retrenchment (1968--2018) 12 Georgetown Journal of Law & Modern Critical Race Perspectives 145 (Fall, 2020) Health disparities in the United States are real. People of color are the adverse beneficiaries of these facts--lower life expectancy, higher rates of morbidity and mortality, and poorer health outcomes in general. This Article analyzes the laws and policies that improve and create barriers to improving people of color's health since the death of... 2020
Kristin Booth Glen Supported Decision-making from Theory to Practice: Further Reflections on an Intentional Pilot Project 13 Albany Government Law Review 94 (2019-2020) Supported decision-making (SDM) for persons with intellectual and developmental disabilities (I/DD) has been part of legal scholarly discourse for more than a decade, but has, at least in the United States, entered the real world of practice only recently. Whether as a means to the lofty goal of a human right to legal capacity, as set forth in... 2020
Catherine L. Fisk Sustainable Alt-labor 95 Chicago-Kent Law Review Rev. 7 (2020) Contemporary labor organizing, with all its vibrance, variety, and vigor, seems to be in a virtuous cycle in which organizing success prompts favorable public attention, which in turn contributes to more organizing. More employees struck in 2019 than in any year since 1986. Since 2010, support for unions has climbed from less than half of Americans... 2020
Mariela Olivares The 1986 Immigration Reform and Control Act as Antecedent to Contemporary Latina/o/x Migration 37 Chicana/o-Latina/o Law Review 65 (2020) C1-2Table of Contents Introduction. 65 I. History of Immigration Law and Policy. 67 II. Immediate Effects of IRCA. 70 III. IRCA Effects on Current Migration Trends and Political Movements. 75 Conclusion. 80 2020
Laila Hlass The Adultification of Immigrant Children 34 Georgetown Immigration Law Journal 199 (Winter, 2020) There is evidence . that the child receives the worst of both worlds [in juvenile court]: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children. --Justice Fortas C1-2Table of Contents Introduction. 200 I. Constructions of Childhood under Immigration Law. 205 A.... 2020
Janine Silga The Ambiguity of the Migration and Development Nexus Policy Discourse: Perpetuating the Colonial Legacy? 24 UCLA Journal of International Law and Foreign Affairs 163 (Spring, 2020) This Article seeks to identify the influence of the colonial legacy on migration policies, paying particular attention to the European context. Its goal is to assess the extent to which the current policy discourse on the migration and development nexus (MDN) stems from a conception of development that is still tightly connected with colonialism.... 2020
Paul Finkelman The Bill of Rights in Historical and International Perspective: How an 18 Century Document Illuminates Liberty in the 21 Century 46 Ohio Northern University Law Review 291 (2020) In 1789, just over two hundred and thirty years ago, James Madison drafted, and his colleagues in the House of Representatives approved, a series of amendments to the new Constitution and sent them to the Senate for consideration. After some negotiations, both the House and the Senate passed twelve of the amendments by the necessary two-thirds... 2020
Chloe Meade The Border Search Exception in the Modern Era: an Exploration of Tensions Between Congress, the Supreme Court, and the Circuits 26 Boston University Journal of Science and Technology Law 189 (Winter, 2020) The Supreme Court has long held that the border is different when it comes to unwarranted searches and seizures. This is due to the government's prevailing interest in preventing the entry of unwanted persons and effects . at the international border. Circuit courts, however, are beginning to reconsider the scope of the border search exception... 2020
Angela P. Harris , Aysha Pamukcu The Civil Rights of Health: a New Approach to Challenging Structural Inequality 67 UCLA Law Review 758 (October, 2020) An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and... 2020
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