Author | Title | Citation | Summary | Year | Key terms In Title or Summary |
Reginald C. Wisenbaker, Jr. |
Muslim Community Reparations |
2 Savannah Law Review 391 (2015) |
Muslim Americans are often targets of ill-founded discrimination, hate, and suspicion. Through popular cultural portrayals, salacious media reporting, and targeted governmental policies, Muslim Americans suffer from discrimination because mainstream Islam has become improperly conflated with terrorism in the United States. Compounding the harm,... |
2015 |
Yes |
Harvey Gee |
National Insecurity: the National Defense Authorization Act, the Indefinite Detention of American Citizens, and a Call for Heightened Judicial Scrutiny |
49 John Marshall Law Review 69 (Fall, 2015) |
I. Introduction. 69 II. The Japanese American Internment. 73 III. The NDAA and the War Against Terrorism. 79 A. 2001 Authorization of Use of Military Force. 79 B. National Defense Authorization Act of 2012. 80 C. Hamdi v. Rumsfeld and Establishing the Legal Authority for the NDAA. 83 IV. Hedges v. Obama. 85 V. Learning from History and Avoiding...; Search Snippett: ...inclusive, and impractical because as Professor Frank Wu explains, the racial profiling of Arab Americans and Muslim Americans relies on an incorrect belief that a large number or all the terrorists are Arab or Muslim . Most Arab Americans are not Muslim; most Muslims in the United States are South Asian or African Americans; and the post-September... |
2015 |
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Natsu Taylor Saito |
Race and Decolonization: Whiteness as Property in the American Settler Colonial Project |
31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) |
we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for...; Search Snippett: ...Rev . 1219, 1245-71 (1995) ; on the construction of American Muslims as non-White, see Amara S. Chaudhry-Kravitz, Is Brown the New Black? American Muslims, Inherent Propensity for Violence, and America's Racial History , 20 Wash. & Lee J. Civil. Rts. & Soc. Just . 3... |
2015 |
|
Dawinder S. Sidhu |
Racial Mirroring |
17 University of Pennsylvania Journal of Constitutional Law 1335 (May, 2015) |
Racial mirroring refers to efforts by one group to match the primary racial composition of another group. In contrast to racial balancing, which takes place when two groups are adjusted simultaneously to achieve a desired degree of racial equilibrium between them, racial mirroring occurs when the racial makeup of one group is adjusted so as to...; Search Snippett: ...or illegal. (internal quotation marks omitted)); Kevin R. Johnson, How Racial Profiling in America Became the Law of the Land: United States v. Brignoni-Ponce and Whren v. United States and the Need for Truly Rebellious Lawyering , 98 Geo. L.J... |
2015 |
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Robert M. Franklin, James T. and Berta R. Laney Professor in Moral Leadership, Candler School of Theology |
Rehabilitating Democracy: Restoring Civil Rights and Leading the next Human Rights Revolution |
30 Journal of Law and Religion 414 (October, 2015) |
This article describes the culture of activist black Christian congregations that propelled campaigns to dismantle legalized racial segregation and advocate for equal justice. Historically, as the imperfections of American democracy were exposed, the most marginal people in the society acted persistently and repeatedly to extend the benefits of...; Search Snippett: ...and leading truth and reconciliation processes to heal both old racial divides and new xenophobia directed at immigrants and religious minorities, such as Muslims in America. Such expansion will require action by moral leaders. Yet this... |
2015 |
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Roundtable Discussion: Opposition to Islamic and Jewish Religious Practices in Contemporary America: Overlap and Divergences, the Anti-shari'a Movement in America Shari'a and Halakha in America Conference April 15-16, 2013 |
90 Chicago-Kent Law Review 13 (2015) |
Dean Tantillo: We welcome you to the Institute for the Humanities at the University of Illinois at Chicago. My name is Astrida Orle Tantillo. I am Dean of the College of Liberal Arts and Sciences, and it is really my pleasure to be here to open this final day of the Sharia and Halakha in America Conference. I would like to first thank the sponsors... |
2015 |
Yes |
Erin Sisson |
The Future of Sharia Law in American Arbitration |
48 Vanderbilt Journal of Transnational Law 891 (May, 2015) |
A rising tide of Islamophobia in the United States has led, in recent years, to state-level efforts to prohibit the application of Sharia law in American courts. While these bans have been largely unsuccessful as legislation--the U.S. Tenth Circuit Court of Appeals has even declared one such ban unconstitutional--the growing uneasiness among... |
2015 |
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William C. Bradford |
Trahison Des Professeurs: the Critical Law of Armed Conflict Academy as an Islamist Fifth Column |
3 National Security Law Journal 278 (Spring/Summer, 2015) |
Islamist extremists allege law of war violations against the United States to undermine American legitimacy, convince Americans that the United States is an evil regime fighting an illegal and immoral war against Islam, and destroy the political will of the American people. Yet these extremists' own capacity to substantiate their claims is inferior...; Search Snippett: ...whom it serves. [FN668] In essence, after 9/11, the United States, facing no threat, chose to perpetuate an evil national history... |
2015 |
Yes |
Khaled A. Beydoun |
Why Ferguson Is Our Issue: a Letter to Muslim America |
31 Harvard Journal on Racial & Ethnic Justice Just. 1 (Spring 2015) |
Dear Muslim America: Ferguson is your issue. Ferguson is our issue. For a range of reasons that go well beyond passive commitment to civil rights or symbolic solidarity, Muslim-Americans are bound to Ferguson --and the piercing demand calling for an end to state-sponsored, structural violence against Black America that reverberates from its... |
2015 |
Yes |
Khaled A. Beydoun |
Antebellum Islam |
58 Howard Law Journal 141 (Fall 2014) |
Muslim-American identity today is deeply conflated with Arab-American identity. This conflation perpetuates stereotypes within legal scholarship, government agencies, and civil rights interventions seeking to combat the marginalization of Muslim Americans - victims of post-9/11 profiling and new, local policing surveillance programs (e.g., NYPD... |
2014 |
Yes |
Sahar F. Aziz |
Coercive Assimilationism: the Perils of Muslim Women's Identity Performance in the Workplace |
20 Michigan Journal of Race and Law L. 1 (Fall, 2014) |
Should employees have the legal right to be themselves at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee's gender, race, or religion? And what if the basis for the employer's workplace rules and... |
2014 |
Yes |
Pooja Gehi, Soniya Munshi |
Connecting State Violence and Anti-violence: an Examination of the Impact of Vawa and Hate Crimes Legislation on Asian American Communities |
21 Asian American Law Journal 5 (2014) |
In the United States, the dominant approach to responding to various forms of interpersonal violence, such as intimate violence or bias attacks, supports and expands the state apparatus of incarceration. For communities of color and LGBTQ (lesbian, gay, bisexual, trans, and queer) communities who are already at risk for institutional violence,...; Search Snippett: ...of law enforcement efforts. See, e.g. , Inderpal Grewal, Transnational America: Race, Gender and Citizenship after 9/11 Social Identities: Journal... |
2014 |
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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 |
|
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 |
|
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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Bridgette Dunlap |
Protecting the Space to Be Unveiled: Why France's Full Veil Ban Does Not Violate the European Convention on Human Rights |
35 Fordham International Law Journal 968 (May, 2012) |
INTRODUCTION 969 I. THE VEIL AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS 973 A. Implicated Rights Under the Convention 974 1. Reasons Women Veil and Their Corresponding Rights 975 2. The Prohibition Against Discrimination 979 B. Other Interested Parties: Interest Balancing in ahin v. Turkey 980 1. Legitimate Aims of the State: Public Order and the...; Search Snippett: ...asserting that antifundamentalists have expressed frustration with groups that criticize racism in France but do not condemn Muslim fundamentalism strongly); see also Marieme Hélie-Lucas, A South-North Transfer of Political Competence: Women of Migrant Muslim Descent in France An Overview, in Women Living Under Muslim Laws, Dossier 30-31: The Struggle for Secularism in Europe and North |
2012 |
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Hilal Elver |
Racializing Islam Before and after 9/11: from Melting Pot to Islamophobia |
21 Transnational Law & Contemporary Problems 119 (Spring 2012) |
I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of... |
2012 |
Yes |
Spearit |
Raza Islámica: Prisons, Hip Hop & Converting Converts |
22 Berkeley La Raza Law Journal 175 (2012) |
The interface of prisons, hip hop music, and Islam is a complicated subject. At close examination, however, patterns begin to emerge. Among the most prevalent is how scores of African-Americans, as well as increasing numbers of Latinos, arrive at mainstream Islam. The journey is a familiar script: it begins with a marginal, often racialist... |
2012 |
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Jeffrey R. Dudas, University of Connecticut |
Religion, Race, Rights: Landmarks in the History of Modern Anglo-american Law. By Eve Darian-smith. Oxford and Portland, Oregon: Hart Publishing, 2010. 332 Pp. $38.00 Paper |
46 Law and Society Review 925 (December, 2012) |
The English explorer Sir Francis Drake arrived in the San Francisco bay on June 5, 1579 bearing characteristic, eventually parodic markers of modern European civilization. Ignoring the names given to the region by its Miwok Indian inhabitants, Drake declared it Nova Albion (New England) because the bay's chalk-white cliffs reminded him of the...; Search Snippett: ...the conceptual founding of modern times, Darian-Smith emphasizes the racial and religious inflections of the discourses surrounding citizenship and individual... |
2012 |
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Thomas E. Raccuia |
Rluipa and Exclusionary Zoning: Government Defendants Should Have the Burden of Persuasion in Equal Terms Cases |
80 Fordham Law Review 1853 (March, 2012) |
Zoning and other land use regulations are often used to hinder the operation of religious institutions or the construction of their facilities. In 2000, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA), in part to combat such exclusionary land use practices. RLUIPA's Equal Terms Provision forbids governments from...; Search Snippett: ...supra note 11, at 23 (noting that hate speech against Muslims is growing and becoming an accepted form of racism in America . See id. (noting that most heated anti-Muslim encounters... |
2012 |
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Yaser Ali |
Shariah and Citizenship--how Islamophobia Is Creating a Second-class Citizenry in America |
100 California Law Review 1027 (August 1, 2012) |
In 2010, Oklahoma passed the Save Our State Amendment, becoming the first state to officially ban Sharia law. Despite the fact that a federal court issued an injunction blocking the measure--holding that the ban violated the Establishment Clause--nearly two dozen state legislatures have since proposed similar measures. In this Comment, I... |
2012 |
Yes |
Mitchel Kay |
The French Burqa Ban: a Global Look at the Burqa Ban, its Impact and Effects, and Whether a Growing Fear of Islam Could Lead America to Adopt French Policy |
33 Women's Rights Law Reporter 351 (Winter-Spring 2012) |
France garnered international attention in 2004 when it controversially outlawed the wearing of headscarves in public schools. In subsequent years, Turkey and Syria have instituted comparable measures. In 2010, France caused even more controversy, when they outlawed the burqa and the niqab in public places. Other countries, such as Germany,... |
2012 |
Yes |
Mohammad Salman Sakrani |
The Third Circuit's Massacre of Title Vii's Undue Hardship Test |
45 U.C. Davis Law Review 1557 (April, 2012) |
Introduction. 1559 I. Background. 1560 A. Summary Judgment Standards. 1561 B. Understanding Title VII. 1562 C. What Is a Khimar?. 1565 D. The Undue Hardship Test in the Third Circuit. 1566 1. Fact and Magnitude of Hardship -- Protos v. Volkswagen of America, Inc.. 1566 2. Need for Uniformity -- Webb v. City of Philadelphia. 1568 E. Free Exercise in...; Search Snippett: ...I. Ahmad, A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion, 92 Cal. L. Rev. 1259, 1279-80 (2004) (discussing assumptions that all Muslims are terrorists); Susan M. Akram & Maritza Karmely, Immigration and Constitutional Consequences of Post-9/11 Policies Involving Arabs and Muslims in the United States: Is Alienage a Distinction Without a Difference?, 38 UC Davis L. Rev. |
2012 |
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