AuthorTitleCitationSummaryYearKey terms In Title or Summary
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  
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  
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  
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  
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  
Liaquat Ali Khan A Portfolio Theory of Foreign Affairs: U.s. Relations with the Muslim World 20 Transnational Law & Contemporary Problems 377 (Summer 2011) I. Introduction. 377 II. Portfolio Managers and Stakeholders. 381 A. Portfolio Managers. 382 B. General and Special Stakeholders. 384 III. Portfolio Management. 389 A. Portfolio Objectives. 390 B. Portfolio Tools. 396 C. Regulatory Agencies. 398 IV. Vested Portfolios. 400 A. People's Portfolios. 401 B. Select Portfolios. 402 C. Management... 2011 Yes
Jennifer Mason McAward Congressional Authority to Interpret the Thirteenth Amendment: a Response to Professor Tsesis 71 Maryland Law Review 60 (2011) In his essay Congressional Authority to Interpret the Thirteenth Amendment, Alex Tsesis responds to my article, The Scope of Congress's Thirteenth Amendment Enforcement Power After City of Boerne v. Flores. I hope to take this opportunity to further that dialogue, clarifying my own position and challenging Professor Tsesis's arguments when...; Search Snippett: ...any act motivated by arbitrary class prejudice . See, e.g., United States v. Nelson, 277 F.3d 164 (2d Cir. 2002) ( racial and religious hate crimes); Williams v. City of New Orleans... 2011  
Erica Caple James Governing Gifts: Law, Risk, and the "War on Terror" 10 UCLA Journal of Islamic and Near Eastern Law 65 (2010-2011) This essay seeks to trace the contours of a changing legal sensibility regarding the governance of charitable gifts in the United States with a particular focus on Muslim American communities. I analyze how anti-terrorism financing laws and practices are criminalizing Islamic charitable giving and transforming the legal sensibility and legal... 2011  
Hariqbal Basi Indianizing Hollywood: the Debate over Copyright Infringement by Bollywood 18 UCLA Entertainment Law Review 33 (Fall, 2010-Spring, 2011) I. Introduction. 34 II. Applicable Copyright Law in U.S. and India. 38 A. International Standards for Intellectual Property Rights. 38 B. What U.S. and Indian Copyright Law Protect. 40 C. Defining Infringement. 41 D. Standard of Review: Ordinary Observer Test. 41 E. Fair Use Defense. 43 III. History and Examples of Bollywood Remakes of Hollywood...; Search Snippett: ...59. . Prema Kurien, Religion, Ethnicity and Politics: Hindu and Muslim Indian Immigrants in the United States , 24 Ethnic & Racial Studies 263, 266 (2001), available at 2011  
Necia B. Hobbes Out of the Frying Pan into the Fire: Heightened Discrimination & Reduced Legal Safeguards When Pandemic Strikes 72 University of Pittsburgh Law Review 779 (Summer, 2011) Everybody was living in deadly fear because it was so quick, so sudden, and so terrifying. -Survivor of the 1918 Spanish Influenza When the H1N1 epidemic broke out in 2009, Wall Street banking corporations received shipments of the long-awaited vaccine ahead of unmet requests from many hospitals, cancer centers, pediatric offices, and schools....; Search Snippett: ...66 (discussing the spike in hate crimes that occurred as racial violence swept across the United States in the aftermath of September 11 id. at 1278 (discussing the fungibility of Muslim-looking People); CNN, Hate Crime Reports Up In Wake of Terrorist Attacks,, Sept. 17, 2001; United States Department of Justice Civil Rights Division, Enforcement and Outreach Following... 2011  
Sara Lunsford Kohen Religious Freedom in Private Lawsuits: Untangling When Rfra Applies to Suits Involving Only Private Parties 10 Cardozo Public Law, Policy and Ethics Journal 43 (Fall 2011) Introduction. 44 I. Background. 47 A. Supreme Court Free Exercise Jurisprudence and RFRA. 47 B. An Unresolved Question: Does RFRA Apply to Suits Between Private Parties?. 49 i. Courts Holding RFRA Applies. 50 a. The Second Circuit: Hankins v. Lyght. 50 b. The Eighth Circuit: In re Young. 51 c. The District of Columbia Circuit: EEOC v. Catholic...; Search Snippett: ...neutral, generally applicable laws. See, e.g., Bob Jones Univ. v. United States, 461 U.S. 574 (1983) (holding that the government's interest in promoting racial equality in education was sufficiently compelling to overcome the university's free exercise claim); United States v. Lee, 455 U.S. 252 (1982) (rejecting a claim for... 2011  
Rohen Peterson The Emperor's New Scanner: Muslim Women at the Intersection of the First Amendment and Full-body Scanners 22 Hastings Women's Law Journal 339 (Summer 2011) The image of Muslim women has been used as both a symbol of a victimized populace and as a symbol of hope. Much of this rhetoric has surrounded the importance of what most in Western countries refer to as the veil. However, this stereotypical concept of the veiled Muslim woman belies the individual women themselves. In a country such as the... 2011 Yes
Shafiqa Ahmadi The Erosion of Civil Rights: Exploring the Effects of the Patriot Act on Muslims in American Higher Education 12 Rutgers Race & the Law Review 1 (2011) The USA PATRIOT Act (the Patriot Act) was drafted in response to the horrific terrorist events of 9/11 and signed into law by President George W. Bush on October 26, 2001. While the Patriot Act was initially well received as an expeditious and comprehensive governmental response to the continued threat on national security, the convergence of... 2011 Yes
  The Face of Islam: the Perception of Muslims in America 11 University of Maryland Law Journal of Race, Religion, Gender and Class 89 (Spring 2011) Hera Hashimi: I would like to welcome all of you back to the law school. We took a little field trip, and the brisk walk in the cold was I guess part of the master plan to wake everyone up again. So I hope that everyone is ready to engage in our final panel of the day. We are about to begin panel 3, The Face of Islam: Perception of Muslims in... 2011 Yes
Kevin R. Johnson The Importance of Student and Faculty Diversity in Law Schools: One Dean's Perspective 96 Iowa Law Review 1549 (July, 2011) I. Introduction. 1550 II. The Educational Benefits of Student Diversity. 1551 A. Grutter v. Bollinger. 1552 B. Policy Arguments Against Race-Conscious Admissions Schemes. 1554 III. Educational Benefits of Faculty Diversity. 1556 A. The Benefits of Faculty Diversity to Teaching. 1557 B. The Benefits of Faculty Diversity to Legal Scholarship. 1562 C....; Search Snippett: ...I. Ahmad, A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion, 92 Calif. L. Rev. 1259... 2011  
Bryan Adamson The Muslim Manchurian Candidate: Barack Obama, Rumors, and Quotidian Hermeneutics 25 Journal of Civil Rights & Economic Development 581 (Summer 2011) Backdrop: In a March, 2008, 60 Minutes segment, Steve Kroft interviewed Kenny Schoenholtz, an Ohio resident. He appeared to be working-class, white and middle-aged. The subject of the interview was the upcoming Democratic presidential primary. Steve Kroft asked which candidate Mr. Schoenholtz favored. Mr. Schoenholtz mused: I'm leaning towards... 2011 Yes
Sean Clerget Timing Is of the Essence: Reviving the Neutral Law of General Applicability Standard and Applying it to Restrictions Against Religious Face Coverings Worn While Testifying in Court 18 George Mason Law Review 1013 (Summer, 2011) A subtle clash of civilizations is occurring in courts across Europe and in the United States. Conflicts have arisen between these legal systems, and the cultural and religious practices of Muslims, which are often at odds with the societal norms of Western countries. Public debate continues to rage regarding the extent to which countries must make... 2011  
Aziz Z. Huq , Tom R. Tyler, Stephen J. Schulhofer , University of Chicago, New York University Why Does the Public Cooperate with Law Enforcement? 17 Psychology, Public Policy, and Law 419 (August, 2011) This study addresses the extension of the procedural justice model for understanding public cooperation with law enforcement to new policing contexts and new minority populations. The study draws on four recent surveys of public reactions to policing against crime or against terrorism across different populations to examine whether the changing...; Search Snippett: ...York, NY: Russell Sage Foundation. Cashin, S. (2010). To be Muslim or Muslim-looking in America: A comparative exploration of racial and religious prejudice in the 21st century. Duke Forum for... 2011  
Amany R. Hacking A New Dawn for Muslims: Asserting Their Civil Rights in Post-9/11 America 54 Saint Louis University Law Journal 917 (Spring 2010) Islam is the fastest-growing religion in America and the world. Many scholars predict that Islam will soon become the largest minority religion in the United States. The questions remaining for many Americans: Who are these Muslims? Where do they fit in American society? For many legal scholars and attorneys, the questions more specifically are:... 2010 Yes
Ming H. Chen Alienated: a Reworking of the Racialization Thesis after September 11 18 American University Journal of Gender, Social Policy and the Law 411 (2010) I. Introduction. 412 II. Racialization Thesis: Post-September 11 Responses to Arabs, Muslims, and South Asians. 414 A. Processes of Racial Formation. 415 B. Orientalism and the Perpetual Foreigner Motif. 417 III. Alienation: A Reworking of the Racialization Thesis. 420 A. Definition of Alienation. 420 B. Specific Instances of Alienation after... 2010  
Christine Tamer Arab Americans, Affirmative Action, and a Quest for Racial Identity 16 Texas Journal on Civil Liberties & Civil Rights 101 (Fall 2010) I. Introduction. 101 II. The Worst of Both Worlds. 103 A. Post 9-11 Racism, Hate, and Discrimination. 105 B. Discrimination, Racism, and Overt Acts of Hate on Campus. 106 III. Officially White; Realistically Black. 108 A. Check it Right, You Ain't White!. 112 B. The Mark of Blackness. 114 IV. Race-Based Affirmative Action and Why Arab Americans...; Search Snippett: ...Law After September 11, 2001: The Targeting of Arabs and Muslims, 58 N.Y.U. Ann. Surv. Am. L. 295, 303 (2002) (noting that Professor Nabeel Abraham, a leading commentator on racism against Arabs and Muslims in the United States, has identified three distinct ways in which Arab Americans have... 2010  
Hugh K. Murtagh, Michael V. Gigante, Kelly Geoghegan, John Wunderlin, Paul Mignano, Nalini Gupta, J. Benton Heath, Sylwia Wewiora, Graham Frederick Dumas, Alexandra Mccown Book Annotations 42 New York University Journal of International Law & Politics 1031 (Spring 2010) Begley, Louis, Why the Dreyfus Affair Matters (New Haven, Connecticut: Yale University Press, 2009). Cipriani, Don, Children's Rights and the Minimum Age of Criminal Responsibility: A Global Perspective (Surrey, United Kingdom: Ashgate Publishing Company, 2009). Clarke, Kamari, Fictions of Justice: The International Criminal Court and the Challenge...; Search Snippett: ...the French army, more outrageous misconduct may await discovery. The racism parallel fits less easily--there is no pervasive, sustained, pseudo-scientific attack on Arab- or Muslim-Americans in the United States--but it arguably demands more attention. If Americans have not... 2010  
Shoba Sivaprasad Wadhia Business as Usual: Immigration and the National Security Exception 114 Penn State Law Review 1485 (Spring 2010) I. Introduction. 1486 II. Continuing Impact of Post 9-11 Immigration Practices. 1491 A. PENTBOTTM Detentions and OIG Detainee Report. 1401 B. OIG MDC Report. 1493 C. Turkmen Lawsuit. 1495 D. 48 Hour Rule. 1497 E. Closed Hearings. 1499 F. Alien Absconder Initiative. 1499 G. Voluntary Interview Program. 1501 H. Special Registration. 1502 I. Other...; Search Snippett: ...have classified the government's selective enforcement of these men as racial profiling, highlighting the fact that while the vast majority of so called absconders came primarily from Latin America, the government's targeting of the slice of men from Muslim-majority countries was discriminatory. [FN68] While the AAI became somewhat... 2010  
Sudha Setty Comparative Perspectives on Specialized Trials for Terrorism 63 Maine Law Review 131 (2010) An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself. President Obama has made clear that the...; Search Snippett: ...provides a recruiting tool for terrorist organizations. [FN104] The extensive racial and ethnic profiling of Muslim men as part of the United States' post-September 11 counterterrorism activities yielded limited amounts of relevant information, [FN105] but created the perception that racial and ethnic bias and animus were an inherent part of... 2010  
Dawinder S. Sidhu First Korematsu and Now Ashcroft V. Iqbal: the Latest Chapter in the Wartime Supreme Court's Disregard for Claims of Discrimination 58 Buffalo Law Review 419 (April, 2010) I see not the slightest probability in the foreseeable future that any conqueror can impose oppression upon us, [but] the dangers to our liberties are those that we create among ourselves. As a general matter, the body of Supreme Court law is a quite peculiar organism whose growth follows a somewhat predictable process. Its short-term gains are...; Search Snippett: ...finding unremarkable Iqbal's allegations that the government engaged in blanket racial profiling of Muslims and Arabs because this evaluation of the merits of Iqbal's... 2010  
Lama Abu Odeh Honor Killings and the Construction of Gender in Arab Societies 58 American Journal of Comparative Law 911 (Fall 2010) This Article discusses the regulation and adjudication of honor killings in the Arab world and traces the distributive and disciplinary impact of such regulation/adjudication on Arab men and Arab women's sexuality. In the afterword, the Article outlines the transformative effect of Islamicization of culture in the Arab world in the past twenty... 2010  
David A. Harris Law Enforcement and Intelligence Gathering in Muslim and Immigrant Communities after 9/11 34 New York University Review of Law and Social Change 123 (2010) Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the United States. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have... 2010 Yes
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