| Author | Title | Citation | Summary | Year | Key terms In Title or Summary |
| Aruna Papp |
Conspiracy of Silence: Honour-based Violence in North America |
22 Buffalo Journal of Gender, Law & Social Policy 105 (2013-2014) |
To say that I was overwhelmed with the invitation to speak this afternoon would be an understatement. Thank you for having me. It has been a very long journey for me to reach this podium. I often attend conferences, workshops, and events such as this aimed at front line service providers, academics, and others who are passionate about eliminating...; Search Snippett: ...Single Out: Should We Use the Term Honor Killing?, 7 Muslim World J. Hum. Rts. 1, 1-3 (2010) (noting some scholars and communities find the phrase honor killing controversial, racist, and misleading; arguing it is used to promote violent stereotypes of particular communities, particularly Muslim minorities in North America and Europe ); see also Purna Sen, Crimes of Honour, Value... |
2014 |
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| Zane A. Umsted |
Deterring Racial Bias in Criminal Justice Through Sentencing |
100 Iowa Law Review 431 (November, 2014) |
In 2013, the American Civil Liberties Union (ACLU) published a report revealing stark racial disparities in the national enforcement of marijuana laws. The report suggested that police officers often use their law enforcement discretion to selectively patrol predominantly African American communities. This Note examines this and other...; Search Snippett: ...Am. Civil Liberties Union & Rights Working Group, The Persistence of Racial and Ethnic Profiling in the United States 31-33 (2009), available at |
2014 |
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| Brandon Paradise |
How Critical Race Theory Marginalizes the African American Christian Tradition |
20 Michigan Journal of Race and Law 117 (Fall, 2014) |
This Article offers the first comprehensive account of the marginalization of the African American Christian tradition in the movement of race and law scholarship known as critical race theory. While committed to grounding itself in the perspectives of communities of color, critical race theory has virtually ignored the significance of the fact...; Search Snippett: ...remains a relevant and invaluable resource in the struggle against racial subordination); Derrick Bell Ethical Ambition 75-93 (2002) (although a... |
2014 |
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| William Y. Chin |
Invasions and Civilians: the Special Duty of the United States to Aid Civlian War Sufferers Produced by U.s. Military Intervention |
5 Human Rights & Globalization Law Review Rev. 3 (Fall, 2013-Spring, 2014) |
The United States is a military colossus capable of inflicting its will, through force, on any corner of the globe. However, with this military ability comes responsibility by harming others, the use of force creates a special duty to aid those harmed. Under this harm principle, when the United States invades another country and harms its...; Search Snippett: ...J. Hum. Rts. 2 (2006) . Sheryl Cashin, To Be Muslim or Muslim-Looking in America: A Comparative Exploration of Racial and Religious Prejudice in the 21st Century, 2 Duke Forum... |
2014 |
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| Casey E. Faucon |
Marriage Outlaws: Regulating Polygamy in America |
22 Duke Journal of Gender Law & Policy Pol'y 1 (Fall 2014) |
Polygamist families in America live as outlaws on the margins of society. While the insular groups living in and around Utah are recognized by mainstream society, Muslim polygamists (including African-American polygamists) living primarily along the East Coast are much less familiar. Despite the positive social justifications that support... |
2014 |
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| Sahar F. Aziz |
Policing Terrorists in the Community |
5 Harvard National Security Journal 147 (2014) |
Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to stop terrorism before it occurs. Towards that end, community policing, developed in the 1990s to combat violent crime in inner city...; Search Snippett: ...the twelve years since the 9/11 attacks show that Muslims in the United States are not only experiencing subordination in various settings, but they... |
2014 |
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| Romtin Parvaresh |
Prayer for Relief: Anti-muslim Discrimination as Racial Discrimination |
87 Southern California Law Review 1287 (July, 2014) |
The existence of discrimination against minority groups in the United States has an adverse effect upon our relations with other countries. Racial discrimination furnishes grist for the Communist propaganda mills, and it raises doubts even among friendly nations as to the intensity of our devotion to the democratic faith. --U.S. Department of... |
2014 |
Yes |
| Engy Abdelkader, Esq. |
Savagery in the Subways: Anti-muslim Ads, the First Amendment, and the Efficacy of Counterspeech |
21 Asian American Law Journal 43 (2014) |
From San Francisco to Washington, D.C. to Detroit to Chicago to New York, anti-Muslim hate placards have recently appeared on government-owned transit systems in various cities around the country. Anti-Muslim hate groups designed, funded, and placed the inflammatory advertisements, representing a well-orchestrated campaign to demean and attack the... |
2014 |
Yes |
| Anjali S. Dalal |
Shadow Administrative Constitutionalism and the Creation of Surveillance Culture |
2014 Michigan State Law Review 61 (2014) |
C1-3Table of Contents L1-2Introduction . L360 I. Administrative Constitutionalism at Work. 66 A. Surveillance and the Hoover Years. 67 B. The Keith Case. 72 C. Watergate. 75 D. Laird v. Tatum. 76 E. A National Conversation. 78 II. Shadow Administrative Constitutionalism at Work. 83 A. The Reexpansion of the FBI's Mission. 84 B. The Reuse of...; Search Snippett: ...See, e.g. , Spencer Ackerman, FBI Crime Maps Now Pinpoint Average Muslims Wired: Danger Room Blog (Oct. 24, 2011, 1:30 PM),(reporting that the FBI compiles maps of businesses, community centers and religious institutions in ethnic enclaves around the United States, and specifically in Muslim neighborhoods, with no connection to the investigation of suspected criminal... |
2014 |
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| Sudha Setty |
Targeted Killings and the Interest Convergence Dilemma |
36 Western New England Law Review 169 (2014) |
In the 1980s, Professor Derrick Bell posited a theory of interest convergence as part of his critical race theory work, arguing that the major strides forward in civil rights law and policy that benefited African Americans in the 1950s and 1960s only occurred because of the perceived benefits of those changes to white elites during that time. In...; Search Snippett: ...on Arab non-citizens); Gil Gott, The Devil We Know: Racial Subordination and National Security Law, 50 Vill. L. Rev. 1073... |
2014 |
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| Leti Volpp |
The Boston Bombers |
82 Fordham Law Review 2209 (April, 2014) |
On Monday, April 15, 2013, two bombs were set off during the Boston Marathon. As Amy Davidson wrote in the New Yorker, a twenty-year-old man who had been watching the Boston Marathon had his body torn into by the force of a bomb. He was far from alone in this: two homemade bombs killed three people and injured 264 more. Yet, this young man was...; Search Snippett: ...than that. [FN76] As Beinart noted, in public conversation in America today, Islam is a racial term. Being Muslim doesn't just mean not being Christian or... |
2014 |
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| Nadia B. Ahmad |
The Islamic Influence in (Pre-)Colonial and Early America: a Historico-legal Snapshot |
12 Seattle Journal for Social Justice 913 (Spring, 2014) |
Islam only became a focal point of the national conversation post-9/11 despite being a force in the New World for 500 years. The Muslim presence in the Americas began at least since Cristobal Colon's maiden sea voyage, in which many Moors accompanied him in 1492. This article will consider how Islam impacted slave and indigenous populations along... |
2014 |
Yes |
| Maung Zarni , Alice Cowley |
The Slow-burning Genocide of Myanmar's Rohingya |
23 Pacific Rim Law & Policy Journal 683 (June, 2014) |
Since 1978, the Rohingya, a Muslim minority of Western Burma, have been subject to a state-sponsored process of destruction. The Rohingya have deep historical roots in the borderlands of Rakhine State, Myanmar, and were recognized officially both as citizens and as an ethnic group by three successive governments of post-independence...; Search Snippett: ...defence of Buddhist faith and race News, The Voice of America Burmese Program (May 19, 2014), |
2014 |
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| Kevin R. Johnson , Joanna E. Cuevas Ingram |
Anatomy of a Modern-day Lynching: the Relationship Between Hate Crimes Against Latina/os and the Debate over Immigration Reform |
91 North Carolina Law Review 1613 (June, 2013) |
Our contribution to the Race Trials symposium considers the protracted legal battles to bring justice to the perpetrators of the killing of a young Mexican immigrant in rural Pennsylvania. From that sensational case, we attempt to draw more general civil rights lessons. The Article specifically contends that hate crimes directed at Latina/os,...; Search Snippett: ...Immigration Law After September 11, 2001: Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Surv. Am. L. 295, 295-301 (2002) (analyzing racial stereotyping of Arabs and Muslims before and after September 11); David Cole, Enemy Aliens, 54... |
2013 |
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| Khaled A. Beydoun |
Between Muslim and White: the Legal Construction of Arab American Identity |
69 New York University Annual Survey of American Law 29 (2013) |
This Article examines the legal origins of Arab American identity during the racially restrictive Naturalization Era (1790 through 1952), when whiteness was a prerequisite for American citizenship. Ten of the fifty-three naturalization hearings during this era involved a petitioner from the Arab World. Judges during the Naturalization Era... |
2013 |
Yes |
| Anietie Maureen-Ann Akpan |
Dark Medicine: How the National Research Act Has Failed to Address Racist Practices in Biomedical Experiments Targeting the African-american Community |
11 Seattle Journal for Social Justice 1123 (Spring, 2013) |
It is dangerous to be an American Negro male. America has never wanted its Negroes to be men, and does not, generally, treat them as men. It treats them as mascots, pets, or things. - James Baldwin 1943. Rural Alabama. The rays of the sun stream down mercilessly hot on your back, and perspiration darkens your shirt. It had been another long day of...; Search Snippett: .... Peter Beinart, A Quiet Campaign of Violence Against American Muslims The Daily Beast (Aug. 20, 2012, 1:00 AM), |
2013 |
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| David S. Rubenstein |
Immigration Structuralism: a Return to Form |
8 Duke Journal of Constitutional Law & Public Policy 81 (2013) |
At the heart of the subfederal immigration revolution are two core questions. The first is what to do about our broken immigration system, especially regarding an estimated eleven million individuals unlawfully present. This question ignites impassioned debates on civil liberties, the rule of law, the economy, foreign relations, and who we...; Search Snippett: ...Mohita Anand & Constantin Schreiber, The NSEERS Effect: A Decade of Racial Profiling, Fear, and Secrecy (Pa. State Law Rights Working Grp... |
2013 |
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| Amara S. Chaudhry-Kravitz |
Is Brown the New Black?: American Muslims, Inherent Propensity for Violence, and America's Racial History |
20 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2013) |
I. Introduction. 4 II. Defining Our Terms. 5 III. Where We Are: Post-9/11 Criminalization of American Muslim Identity. 8 A. In a Post-9/11 World, American Muslim Identity Has Been Criminalized. 8 B. Is This Criminalization a Result of a Racialization of American Muslim Identity?. 11 IV. Where We've Been: Legal Constructs, and Consequences, of... |
2013 |
Yes |
| Javaid Rehman , Eleni Polymenopoulou |
Is Green a Part of the Rainbow? Sharia, Homosexuality, and Lgbt Rights in the Muslim World |
37 Fordham International Law Journal L.J. 1 (November, 2013) |
INTRODUCTION. 2 I. THE EVOLUTION OF FIQH ON HOMOSEXUALITY. 8 A. General Prohibition of Same-Sex Relationships According to the Primary Sources of Sharia Law?. 9 1. Classical Interpretations of Sharia Law. 9 2. Challenging the Orthodoxy of the Sharia. 13 B. Sunna of the Prophet and Ahadith Reporting. 18 C. Evolving Sharia Principles. 23 1. A...; Search Snippett: ...Hammarberg, Council of Eur., Hate Crimes: The Ugly Face of Racism, Anti-Semitism, Anti-Gypsyism, Islamophobia and Homophobia (July 21, 2008), available at www.coe.int/t/commissioner... |
2013 |
Yes |
| Angela Onwuachi-Willig |
On Derrick Bell as Pioneer and Teacher: Teaching Us How to Have the Nerve |
36 Seattle University Law Review xlii (Spring, 2013) |
In a March 5, 1943, letter, Zora Neale Hurston, author of the critically acclaimed Their Eyes Were Watching God, wrote a letter that discussed racism, segregation, the hypocrisy of white liberals, and what she viewed as the flawed strategies of black civil rights leaders to her friend, Countee Cullen, a prominent black poet during the Harlem...; Search Snippett: ...white institutions and American society See Derrick Bell, Race, Racism, and American Law (6th ed. 2008); see also Richard Delgado... |
2013 |
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| Asifa Quraishi-Landes |
Rumors of the Sharia Threat Are Greatly Exaggerated: What American Judges Really Do with Islamic Family Law in Their Courtrooms |
57 New York Law School Law Review 245 (2012/2013) |
The campaign to ban Muslim religious law, known as Sharia, in American courtrooms argues that judicial accommodation of any religious law is inappropriate in an American secular courtroom. At first blush, the argument seems to have merit--the idea of religious law in a secular liberal democracy seems to fly in the face of our rule of law. It seems... |
2013 |
Yes |
| Brooke Goldstein , Benjamin Ryberg |
The Emerging Face of Lawfare: Legal Maneuvering Designed to Hinder the Exposure of Terrorism and Terror Financing |
36 Fordham International Law Journal 634 (March, 2013) |
INTRODUCTION. 634 I. LAWFARE AGAINST FREE SPEECH IN EUROPE & CANADA. 638 II. LAWFARE AGAINST FREE SPEECH IN THE UNITED STATES. 644 III. KEY PROPONENTS OF LAWFARE. 647 A. The Council on American-Islamic Relations. 647 B. The Organization of Islamic Cooperation (OIC). 650 IV. IMPACT OF LAWFARE ON U.S. DOMESTIC POLICY. 652 CONCLUSION. 655 |
2013 |
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| Tiffani B. Figueroa |
All Muslims Are like That: How Islamophobia Is Diminishing Americans' Right to Receive Information |
41 Hofstra Law Review 467 (Winter 2012) |
Imagine a prominent Muslim scholar and academic from South Africa. He frequently visits the United States and even attended a university in New York to earn his doctorate degree earlier in his career. It is autumn of 2006, and, as is custom in his schedule, he flies into New York's John F. Kennedy Airport planning to attend academic conferences and... |
2012 |
Yes |
| Sahar F. Aziz |
From the Oppressed to the Terrorist: Muslim-american Women in the Crosshairs of Intersectionality |
9 Hastings Race and Poverty Law Journal 191 (Summer 2012) |
We should never pass judgment on barrels and barrels of apples just because one of them may be rotten. -- Justice John Paul Stevens In the post-9/11 era, Muslim women donning a headscarf in America find themselves caught at the intersection of bias against Islam, the racialized Muslim, and women. In contrast to their male counterparts, Muslim... |
2012 |
Yes |
| Lama Abu-Odeh |
Islam in the Inter(national) |
10 Santa Clara Journal of International Law 179 (2012) |
Islam, Muslims, and Islamic law have become an intense American pre-occupation since September 11, 2001. Since then, much literature has been written in academia and public culture alike, deciphering the Muslim and the Islamic, bestsellers sold, careers made, and expertise claimed, solicited, and generously offered. Unsurprisingly, another type of... |
2012 |
Yes |
| Anissa Hélie , Marie Ashe |
Multiculturalist Liberalism and Harms to Women: Looking Through the Issue of "The Veil" |
19 U.C. Davis Journal of International Law and Policy 1 (Fall 2012) |
In response to recent mandates, prohibitions, or choices relating to veil-wearing by Muslim girls and women, this essay raises and responds to the question: How should civil government treat culture- or religion-based claims of rights that clash with the norm of women's equality? - that question being a broadened reformulation of Susan Okin's... |
2012 |
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| Gregory C. Sisk , Michael Heise |
Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts |
98 Iowa Law Review 231 (November, 2012) |
In our continuing empirical study of religious-liberty decisions in the federal courts, American Muslims were at a distinct and substantial disadvantage in raising free exercise or accommodation claims between 1996 and 2005. With other variables held constant, the likelihood of success for non-Muslim claimants in Religious Free Exercise claims was... |
2012 |
Yes |
| Sudha Setty |
National Security Interest Convergence |
4 Harvard National Security Journal 185 (2012) |
Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political...; Search Snippett: ...and Deterrence Effects in Counter-Terrorism Policing: A Study of Muslim Americans , 44 Law & Soc'y Rev. 365 (2010) ; Girardeau A. Spann... |
2012 |
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| Douglas M. Coulson |
Persecutory Agency in the Racial Prerequisite Cases: Islam, Christianity, and Martyrdom in United States v. Cartozian |
2 University of Miami Race & Social Justice Law Review 117 (2012) |
Introduction. 119 The Legal and Historical Conte xt of Cartozian. 131 The Cartozian Trial: A Story of Persecution and Martyrdom. 143 The Historical Interpretation of Race and the Problem of Narrativity in Judge Wolverton's Opinion. 166 Transcending Racial Divisions by Unifying Against Common Enemies. 178 |
2012 |
Yes |
| David Smith |
Presumed Suspect: Post-9/11 Intelligence Gathering, Race, and the First Amendment |
11 UCLA Journal of Islamic and Near Eastern Law 85 (2011-2012) |
I. Introduction. 86 II. The FBI's Post-9/11 Strategy in the War on Terror. 94 A. Confidential Informants and the Presumption of Terrorism within the Muslim Community. 95 i. Lodi, California. 101 ii. Newburgh, New Jersey. 103 B. Further Government Programs that View Islam as a Terrorist Threat. 106 III. Muslim Racialization. 109 A. Race and... |
2012 |
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