| Author | Title | Citation | Summary | Year | Key terms In Title or Summary |
| Tatiana S. Laing |
Seeing in Color: the Voting Rights Act as a Race-conscious Solution to Prison-based Gerrymandering |
50 Seton Hall Law Review 499 (2019) |
In today's political climate, the debate about whether to aspire to colorblindness or race-consciousness continues to create tension. To some, our country's progression away from overtly racist policies may signal the need for a parallel progression away from directly discussing or addressing racial issues. The Supreme Court is no stranger to this...; Search Snippett: ...See generally Race and Discrimination, Opinions About Immigrants and Islam, in The Partisan Divide on Political Values Grows Even Wider... |
2019 |
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| Steven L. Nelson, J.D., Ph.D. |
Special Education, Overrepresentation, and End-running Education Federalism: Theorizing Towards a Federally Protected Right to Education for Black Students |
20 Loyola Journal of Public Interest Law 205 (Spring, 2019) |
INTRODUCTION AND STATEMENT OF POSITIONALITY I. Summarizing the Fight for a Federal Right to Education II. A Critical Race Perspective on the Foundations of Overrepresentation of Black Students in Special Education Programs A. Examining the Racial Roots of Racial Disproportionality in Special Education B. Implementing Special Education in Urban...; Search Snippett: ...peoples. . I borrow this concept of racialization of non- racial categories from Khaled Beydoun who explicitly considers how structures in the United States have contributed to the racialization of Muslim communities ( see generally Khaled Beydoun, American Islamophobia: Understanding the Roots and Rise of Fear (2018)). In the... |
2019 |
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| Ryan M. Mardini |
The "Muslim Ban" and the Constitutional Crisis |
96 University of Detroit Mercy Law Review 225 (Winter, 2019) |
Donald J. Trump is the forty-fifth President of the United States. The election of President Trump has ushered in a renaissance era of Islamophobia. People around the world--but most notably in America--publically cast a pervasive hatred towards Islam because of Trump's hardline rhetoric. Islamophobia began to take shape as a form of bigotry... |
2019 |
Yes |
| Mary L. Dudziak |
The Outcome of Influence: Hitler's American Model and Transnational Legal History |
117 Michigan Law Review 1179 (April, 2019) |
Hitler's American Model: The United States and the Making of Nazi Race Law. By James Q Whitman. Princeton and Oxford: Princeton University Press. 2017. P. 161. Cloth, $24.95; paper, $14.95. On July 17, 1935, William E. Dodd, the U.S. Ambassador to Germany, sent a disturbing dispatch to the Secretary of State: SIR: I have the honor to report that...; Search Snippett: ...Feel to Be a Problem?: Being Young and Arab in America (2008) (on the experience of Arab and Muslim Americans); Ian F. Haney López, Racism on Trial: The Chicano Fight for Justice (2003) (on the... |
2019 |
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| Michael Miller |
The Times That Try Our Souls . And Define Us for History |
91-APR New York State Bar Journal B.J. 5 (April, 2019) |
In a departure from my previous president's messages focusing on broad societal issues, I had drafted a message describing the New York State Bar Association's considerable advocacy activities. However, I awoke this morning to the news of yet another mass murder, this time in Christchurch, New Zealand, where at least 50 people were murdered and...; Search Snippett: ...and prejudice. Whether inspired by white supremacy, anti-Semitism, anti- Muslim bigotry, racism, or xenophobia--or a combination--hate crimes are increasing exponentially, both here in America and around the world. Those who argue that there is… |
2019 |
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| Pablo Chapablanco |
Traveling While Hispanic: Border Patrol Immigration Investigatory Stops at Tsa Checkpoints and Hispanic Appearance |
104 Cornell Law Review 1401 (July, 2019) |
Introduction. 1402 I. A Brief History of the United States Border Patrol and Its Impact in the Southern Border. 1407 A. The Early Beginnings of the United States Border Patrol. 1407 B. The United States Border Patrol's Focus on Mexican Immigrants. 1408 C. The United States Border Patrol Today. 1410 II. The Fourth Amendment in Immigration Law...; Search Snippett: ...ESSW]. See, e.g. , Alvaro Huerta, The War on Immigrants': Racist Policies in the Trump Era Huffington Post (Aug. 7 2017), racist-policies-in-the-trump_us_5980bf68e4b0d187a596909b [ |
2019 |
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| Stacy Hawkins |
Trump's Dangerous Judicial Legacy |
67 UCLA Law Review Discourse 20 (2019) |
Reviewing statistical data on the composition of the federal judiciary over the last forty plus years, this paper describes what appears to be President Trump's deliberate effort to reverse a decades-long trend by his presidential predecessors to diversify the federal judiciary. It then imagines both the motivations for and consequences of this...; Search Snippett: ...See, e.g. , Abed Ayoub & Khaled Beydoun, Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time , 22 Mich... |
2019 |
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| William J. Aceves |
Virtual Hatred: How Russia Tried to Start a Race War in the United States |
24 Michigan Journal of Race and Law 177 (Spring, 2019) |
During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential...; Search Snippett: ...c015e53d0d68. . Alvin Chang, When Russian Trolls Wanted to Divide America, They Knew What to Use: Race Vox (May 15, 2018... |
2019 |
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| Ahad Khilji |
Warrantless Searches of Electronic Devices at U.s. Borders: Securing the Nation or Violating Digital Liberty? |
27 Catholic University Journal of Law & Technology 173 (Spring, 2019) |
Sorry, this media file doesn't exist on your internal storage. This was the message Ghassan Alasaad saw on his phone when he tried to view videos from his daughter's graduation. Unbeknownst to Mr. Alasaad, U.S. Customs and Border Protection (CBP) searched and seized his phone two weeks prior. The steady increase of U.S. citizens traveling with...; Search Snippett: ...traveler's background or religion. The current political landscape in the United States indicates that there is a racist and discriminatory view of Muslims by members of the current administration. For instance, in January... |
2019 |
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| Khaled A. Beydoun |
Acting Muslim |
53 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter, 2018) |
The election of Donald Trump as the forty-fifth President of the United States ushered in an era of heightened state and popular suspicion of Muslim Americans. Trump's hardline rhetoric, policy proposals and executive orders-- most notably the so-called Muslim Ban--enhanced the presumption that Islam is tied to terrorism. In rapid time, the Trump... |
2018 |
Yes |
| Khaled A. Beydoun |
Bisecting American Islam? Divide, Conquer, and Counter-radicalization |
69 Hastings Law Journal 429 (February, 2018) |
The United States Department of State has long employed a sectarian foreign policy strategy to advance its interests in the Mideast. The United States has sided staunchly with Saudi Arabia, the Sunni Muslim superpower in the region, while spurning Iran, the Shia Muslim hegemon that emerged in 1979 after the Islamic Revolution. This sectarian... |
2018 |
Yes |
| Emmanuel Mauleón |
Black Twice: Policing Black Muslim Identities |
65 UCLA Law Review 1326 (June, 2018) |
In a political moment that includes various iterations of a Muslim Ban, and a resurgent mainstreaming of white nationalism, race and religion clearly remain hotly contested in American life. And yet, in much of the recent scholarship and public debate on these issues, the intersecting experiences of Black Muslims are often elided, if not entirely... |
2018 |
Yes |
| Susan Ayres |
Claudia Rankine's Citizen: Documenting and Protesting America's Halting March Toward Racial Justice and Equality |
9 Alabama Civil Rights & Civil Liberties Law Review 213 (2018) |
Introduction. 214 I. Citizen as Protest Poetry in a Documentary and Epideictic Mode. 219 A. Documentary Poetry. 222 B. Epideictic Discourse--Does Poetry Matter?. 225 II. Racism and the Racial Imaginary: Microaggressions and Major Moments. 228 A. The Racial Imaginary. 229 B. Examples of Racism in Citizen--Call Out Racism When You See It. 237...; Search Snippett: ...mentality. . Nick O'Malley, British, Dutch Censure Trump for Reckless Racist Retweets Sydney Morning Herald (Nov. 30, 2017), |
2018 |
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| Carrie L. Rosenbaum |
Crimmigration--structural Tools of Settler Colonialism |
16 Ohio State Journal of Criminal Law 9 (Fall, 2018) |
The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed...; Search Snippett: ...rapists-what-trump-thinks-of-mexicans. Doubling Down on Racial Discrimination: The Racially Disparate Impacts of Crime-Based Removals, supra note 64, at 999 (citing Ann Coulter, ¡Adios, America!: The Left's Plan to Turn Our Country into a Third... |
2018 |
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| Michael J. Broyde, Professor of Law, Emory University School of Law |
Faith-based Arbitration Evaluated: the Policy Arguments for and Against Religious Arbitration in America |
33 Journal of Law and Religion 340 (December, 2018) |
This article explores whether allowing such expansive arbitration is a wise idea for the United States (and other western democracies). Like all arbitration, religious arbitration starts with a contract to arbitrate, but frequently does not invoke the law of the United States as the law to be used to resolve disputes, but instead allows parties to...; Search Snippett: ...mine. See Michael J. Broyde, Shari'a and Halakha in North America: Faith-Based Private Arbitration as a Model for Preserving Rights... |
2018 |
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| E. Tendayi Achiume |
Governing Xenophobia |
51 Vanderbilt Journal of Transnational Law 333 (March, 2018) |
The problem of xenophobia has gained remarkable notoriety of late, and reports from around the world paint a chilling picture of its virulence, especially where refugees and other involuntary migrants are concerned. How should one understand this global picture of xenophobic contestation and its fallout, and specifically, how should one understand...; Search Snippett: ...TV79] (archived Jan. 19, 2018). See Rob Crilly, Anti- Muslim Hate Groups on the Rise in the US The National (March 2, 2017, 4:00 AM), americas/anti- muslim-hate-groups-on-the-rise-in-the-us [ |
2018 |
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| Patrick D. Soundy |
How Could Anyone Believe That? Balancing Fake News and the First Amendment |
8 Wake Forest Journal of Law and Policy: Sua Sponte 18 (2018) |
If there is time to expose through discussion the falsehood and fallacies . the remedy to be applied is more speech, not enforced silence. These words originated from Justice Brandeis in the controversial 1927 Supreme Court case Whitney v. California and underline a fundamental rationale to the protection of free speech under the First Amendment....; Search Snippett: ...Entous et al., Russian Operatives used Facebook Ads to Exploit America's Racial and Religious Divisions, Wash. Post (Sept. 25, 2017), |
2018 |
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| Stephanie Howell |
In the Shadow of Korematsu: Precedent & Policy Considerations for Trump's Muslim Registry |
27 Southern California Interdisciplinary Law Journal 593 (Spring, 2018) |
In November 2015, early in his campaign for President, Donald Trump commented that he would absolutely implement a program requiring Muslims in the United States to register in a database or tracking system. Although this proposed program was initially introduced in response to a suggestion from a reporter from Yahoo News, Trump's campaign... |
2018 |
Yes |
| Zoha Khan |
Islam and the United States Supreme Court: Problems of History, Otherness, and Legal Recognition |
25 Asian American Law Journal 21 (2018) |
Introduction. 21 I. Methodology of Research. 22 A. Methodology Log. 23 B. Database Chart. 23 II. History of Islam in the United States. 23 A. History of Pre-Colonial Contributions. 24 B. Muslims and Slavery. 24 C. Early Muslim Communities in America and the Rise of the Nation of Islam. 26 D. Muslims and the Early Military Involvement. 26 E.... |
2018 |
Yes |
| Neil S. Siegel |
Political Norms, Constitutional Conventions, and President Donald Trump |
93 Indiana Law Journal 177 (Winter, 2018) |
My big worry is not simply that formal institutions have been eroded, but that the informal norms that underpin them are even more important and even more fragile. Norms of transparency, conflict of interest, civil discourse, respect for the opposition and freedom of the press, and equal treatment of citizens are all consistently undermined, and...; Search Snippett: ...Notwithstanding norms of respect for human dignity that in the United States were purchased at the cost of enormous human suffering and are still being paid for, Candidate Trump indulged in racism, misogyny, Islamophobia, and mockery of the disabled in ways that are extraordinary... |
2018 |
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| Kimberly Cogdell Grainger |
Political Rhetoric and Minority Health: Introducing the Rhetoric-policy-health Paradigm |
12 Saint Louis University Journal of Health Law & Policy 121 (2018) |
Rhetoric is a persuasive device that has been studied for centuries by philosophers, thinkers, and teachers. In the political sphere of the Trump era, the bombastic, social media driven dissemination of rhetoric creates the perfect space to increase its effect. Today, there are clear examples of how rhetoric influences policy. This Article explores...; Search Snippett: ...State Health Leadership 1 (2016). See, e.g. , Goleen Samari, Islamophobia and Public Health in the United States , 106 Am. J. Pub. Health , 1920, 1921-22 (2016); Saffron Karlsen & James Nazroo, Relation Between Racial Discrimination, Social Class, and Health Among Ethnic Minority Groups , 92... |
2018 |
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| Girardeau A. Spann |
Race Ipsa Loquitur |
2018 Michigan State Law Review 1025 (2018) |
C1-2Table of Contents Introduction. 1025 I. Discrimination. 1030 A. Then. 1030 B. Now. 1034 1. Money. 1036 2. Education. 1039 3. Employment. 1041 4. Health. 1043 5. Housing. 1046 6. Voting. 1049 7. Criminal Justice. 1052 II. Denial. 1056 A. Rationalizations. 1057 B. Bias. 1061 1. Blatant. 1061 2. Subtle. 1065...; Search Snippett: ...shadows. [FN289] He added that President Trump's willingness to foster racial polarization was illustrated by his support for the death penalty... |
2018 |
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| Gail Heriot, Alison Somin |
The Department of Education's Obama-era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, Wrong on the Law |
22 Texas Review of Law and Politics 471 (Spring, 2018) |
Introduction. 473 I. The Department of Education's Disparate Impact Policy Is Encouraging Discrimination Rather Than Preventing It.. 481 II. The Department of Education's Policy Is Leading to Increased Disorder in Schools.. 495 III. Racial Disparities in School Discipline Have Not Been Shown to Be the Root Cause of Racial Disparities in Adult Life,...; Search Snippett: ...Indian-Americans own about half of all motels in the United States); Chuansheng Chen & Harold Stevenson, Motivation and Mathematics Achievement: A Comparative... |
2018 |
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| Hiroshi Fukurai, Alice Yang |
The History of Japanese Racism, Japanese American Redress, and the Dangers Associated with Government Regulation of Hate Speech |
45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) |
Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution...; Search Snippett: ...and resources such as property, freedom, justice, and equality. Today, America's resurgence of racist speech and open racism against African Americans, Latinx, American Indians, Arab Americans, and Muslims has been fostered by the greater visibility and assertiveness of... |
2018 |
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| Yolanda Rondon, Esq. |
Treatment of Domestic Terrorism Court Cases: Class and Mental Health in the Criminal System |
26 American University Journal of Gender, Social Policy and the Law 741 (2018) |
Introduction. 741 I. The Categorization of Domestic Terrorism Cases. 743 II. Treatment and Classification of Domestic Terrorism Cases. 777 III. Criminalization. 785 IV. Conclusion. 791; Search Snippett: ...Cora Currier, Spies Among Us: How Community Outreach Programs to Muslims Blur Lines Between Outreach and Intelligence, The Intercept (Jan. 21... |
2018 |
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| Stephen Wilks |
A Complicated Alchemy: Theorizing Identity Politics and the Politicization of Migrant Remittances under Donald Trump's Presidency |
50 Cornell International Law Journal 285 (Spring, 2017) |
Introduction. 285 I. An Overview of Remittances in Global and Domestic Contexts Through the Lenses of Regulation and Theory. 287 II. Mapping the Recent History of Politicizing Remittance Practices. 291 III. The Economic Interplay Between Globalization, Migration, White Identity Politics, and Race as Co-Determinants of Antipathy Towards Remittance...; Search Snippett: ...and to her standing as a global superpower. Be they Muslims unfairly associated with religious extremism or immigrant Latinos whose population... |
2017 |
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| Sahar F. Aziz |
A Muslim Registry: the Precursor to Internment? |
2017 Brigham Young University Law Review 779 (2017) |
Being political scapegoats in the indefinite war on terror is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for... |
2017 |
Yes |
| JoAnn Kamuf Ward |
Challenging a Climate of Hate and Fostering Inclusion: the Role of U.s. State and Local Human Rights Commissions |
49 Columbia Human Rights Law Review 129 (Fall, 2017) |
C1-2Contents Introduction. 130 I. The Domestic Legal Context. 136 A. Surge in Hate, Bias, and Intimidation. 136 B. Recent Commission Initiatives to Tackle Bias, Discrimination, and Harassment, and Foster Inclusion. 143 1. Community Outreach and Data Collection. 143 2. Policy Initiatives. 148 II. State And Local Human Rights Commissions: A First...; Search Snippett: ...¶¶ 8, 8(b) (recommending, among other measures, that the United States increase efforts to more efficiently fight and end the practice of racial profiling by federal, state and local law enforcement officials, including by [s]wiftly revising policies insofar as they permit racial profiling, illegal surveillance, monitoring and intelligence gathering, including the 2003... |
2017 |
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| David S. Levine |
Confidentiality Creep and Opportunistic Privacy |
20 Tulane Journal of Technology and Intellectual Property 11 (Fall, 2017) |
I. Introduction. 12 II. Identifying the Problem. 17 A. The Context: Trade Secrecy. 20 B. A Background Example: Hydraulic Fracturing Trade Secrets. 24 C. The Perfect Storm: Algorithms. 28 1. Confidentiality Creep and Autonomous Cars. 30 2. Social Media and Opportunistic Privacy. 34 III. Conclusion. 40; Search Snippett: ...Democratic candidates Jill Stein and Bernie Sanders, [FN130] exploit [ed] racial divisions, [FN131] and even impersonated the real group United Muslims of America, all the while simultaneously using other accounts to hawk virulently... |
2017 |
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| Abed Ayoub , Khaled Beydoun |
Executive Disorder: the Muslim Ban, Emergency Advocacy, and the Fires next Time |
22 Michigan Journal of Race and Law 215 (Spring, 2017) |
On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the Muslim Ban. The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from these states. With the Muslim Ban, President Trump...; Search Snippett: ...followed by Jewish Americans at 57%. Id. Erik Love, Islamophobia and Racism in America 9 (2017). See Education for Liberation Muslim Anti-Racism... |
2017 |
Yes |
| Joseph Russomanno |
Falsehood and Fallacies: Brandeis, Free Speech and Trumpism |
22 Communication Law and Policy 155 (Spring, 2017) |
Donald Trump's campaign for the presidency in 2016 was unique, noted for a number of attributes that rarely, if ever, had been witnessed, including the candidate's propensity to freely express his views, unfiltered. Debates surfaced, including some within his own party and campaign team, whether to let Trump be Trump. In other words, there was...; Search Snippett: ...A1. See, e.g., Dana Milbank, Commentary, Trump Is a Racist, Wash. Post , Dec. 2, 2015, at A21: Trump led the... |
2017 |
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| Mitra Sharafi |
Hijacking Law |
42 Law and Social Inquiry 1240 (Fall, 2017) |
Sharafi, Mitra. 2014. Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947. New York: Cambridge University Press, also 2017 Ranikhet, India: Permanent Black. Pp. xxiii + 343. This essay considers the legal strategies of comparative communities in South Asian, Middle Eastern, and US history. What does it mean for a particular...; Search Snippett: ...Feminism in India , 1800-1990. Delhi: Zubaan. Love, Erik. 2017. Islamophobia and Racism in America. New York: New York University Press. Mehrotra, S. R., and... |
2017 |
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| Kevin R. Johnson |
How Political Ideology Undermines Racial and Gender Diversity in Federal Judicial Selection: the Prospects for Judicial Diversity in the Trump Years |
2017 Wisconsin Law Review 345 (2017) |
This Essay considers the relationship between efforts to increase the racial and gender diversity of the federal judiciary and the contemporary contentiousness of the Senate judicial confirmation process. Part I briefly evaluates the benefits of a diverse federal judiciary and summarizes the relatively successful efforts of President Obama--the...; Search Snippett: ...Preston et al., Donald Trump Win Has Blacks, Hispanics and Muslims Bracing for a Long 4 Years N.Y. Times (Nov. 9... |
2017 |
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| Kevin R. Johnson |
Immigration and Civil Rights in the Trump Administration: Law and Policy Making by Executive Order |
57 Santa Clara Law Review 611 (2017) |
C1-2Table of Contents Introduction. 612 I. The Obama Administration on Immigration. 616 A. Enforcement: Record Crime-Based Removals. 616 B. Relief for the Undocumented: DACA and DAPA. 625 C. Failed Immigration Reform. 626 II. President Trump: Aggressive Immigration Enforcement by Executive Order. 628 A. The Travel Ban and the Redos. 630 B. The...; Search Snippett: ...Preston et al., Donald Trump Win Has Blacks, Hispanics and Muslims Bracing for a Long 4 Years N.Y. Times (Nov. 9... |
2017 |
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| Shamika Dalton |
Incorporating Race into Your Legal Research Class |
109 Law Library Journal 703 (Fall, 2017) |
Ms. Dalton examines ways to incorporate a discussion of race into legal research courses, and suggests a number of hypotheticals to use in creating teachable moments. ¶1 As head of reference and instructional services, one of my responsibilities is to share my instructional materials with our newer teaching librarians. For years, I have used the...; Search Snippett: ...of unarmed African Americans at the hands of the police, racial gerrymandering, unequal pay for women, the unfair treatment of Muslims due to our fear of terrorism, and a campaign to... |
2017 |
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| Sameer Ahmed |
Is History Repeating Itself? Sentencing Young American Muslims in the War on Terror |
126 Yale Law Journal 1520 (March, 2017) |
The United States' aggressive War on Terror policies since 9/11 have led to significant prison sentences for many young American Muslims, even when their charged criminal conduct cannot be tied to any act of violence in the United States or abroad. A primary reason provided for their severe punishment is that these individuals are uniquely... |
2017 |
Yes |
| Harvey Gee |
Journey Towards Justice: the Historical and Legal Legacy of Fred Korematsu and the Japanese American Internment in a Post-9/11 World |
50 Suffolk University Law Review 237 (2017) |
In January 2017, President Obama made a final push towards his longstanding national security goal of closing the military base at Guantanamo Bay and transferring its remaining forty-one detainees to U.S. facilities. Obama explained that the push reflects the lessons that we've learned since 9/11, lessons that need to guide our nation going...; Search Snippett: ...Johnson, supra , at 301-02 . Sheryll Cashin, To Be Muslim or Muslim-Looking in America: A Comparative Exploration of Racial and Religious Prejudice in the 21st Century , 2 Duke F... |
2017 |
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| Caroline Mala Corbin |
Justice Scalia, the Establishment Clause, and Christian Privilege |
15 First Amendment Law Review 185 (Symposium, 2017) |
Justice Scalia had an unusual take on the Establishment Clause. From its earliest Establishment Clause cases, the Supreme Court has held that the Clause forbids the government from first, favoring one or some religions over others, and second, favoring religion over secular counterparts. Although Justice Scalia was not alone in questioning the...; Search Snippett: ...essence, from the very beginning. . For example, because most Muslims in the United States are not white, hostility towards Muslims may have a racial component. See, e.g. Section 1: A Demographic Portrait of Muslim... |
2017 |
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| Khaled A. Beydoun |
Muslim Bans and the (Re)making of Political Islamophobia |
2017 University of Illinois Law Review 1733 (2017) |
Fear and suspicion of Islam, or Islamophobia, occupied center stage on the 2016 presidential campaign. Republican presidential candidates, most notably Donald Trump, upped the ante on the rhetoric targeting Islam and Muslims, during an impasse when fears of terrorism and homegrown radicalization are at a climax. Calls for Muslim immigration... |
2017 |
Yes |
| Khaled A. Beydoun |
On Islamophobia, Immigration, and the "Muslims Bans" |
43 Ohio Northern University Law Review 443 (2017) |
Anticipating that Hillary Clinton would win the Presidency, I had planned on giving an entirely different lecture based on my research investigating counterterrorism, which focused on national security programming that the Obama Administration implemented in the name of counter-radicalization. However, a different series of events has unfolded.... |
2017 |
Yes |
| Michael J. Broyde |
Playground Resurfacing and Religious Arbitration Are Very Similar Activities: Trinity Lutheran Church as Applied to Religious Arbitration |
18 Rutgers Journal of Law & Religion 298 (Summer, 2017) |
Supreme Court has spoken, and it has done so in a clear and unambiguous way. In Trinity Lutheran Church v. Comer, hereafter known as TLC, the Supreme Court ruled that government discrimination against religion in the matter of funding of playgrounds is unconstitutional. The concern is not about the future of Trinity Lutheran Church, rather, the...; Search Snippett: ...for American Islamic Arbitration Based on the Beth Din of America and Muslim Arbitration Tribunal Experience , 30 Harv. J. Racial & Ethnic Just. 33, n.29 (2014) 9 U.S.C. §§ 1... |
2017 |
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| Zsea Bowmani |
Queer Refuge: the Impacts of Homoantagonism and Racism in U.s. Asylum Law |
18 Georgetown Journal of Gender and the Law 1 (Spring, 2017) |
Introduction. 2 I. Institutionalized Discrimination in Immigration and Asylum Law. 4 A. Sexual and Racial Exclusions in U.S. Immigration Law. 5 1. Discrimination Against LGBTQ Immigrants. 7 2. Racial Exclusions. 11 B. U.S. and International Asylum Law: Ill-Fit for LGBTQ People. 14 1. The Quintessential Refugee is Not Queer. 15 2. The Process of...; Search Snippett: ...defines terrorism). . Paul Brickner & Meghan Hanson, The American Dreamers: Racial Prejudices and Discrimination As Seen Through the History of American... |
2017 |
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| Mary Ziegler |
The Disability Politics of Abortion |
2017 Utah Law Review 587 (2017) |
With Ohio considering passing the nation's second ban on abortions motivated by Down Syndrome, the relationship between abortion and disability law has taken on new importance. Disability-based bans raise unique legal, moral, and political difficulties for those supporting legal abortion. The core commitments supporting legal abortion--including...; Search Snippett: ...loss of influence, see Elazar Barkan, The Retreat of Scientific Racism: Changing Concepts of Race in Britain and the United States Between the World Wars 1-2 (1992); Nathaniel Deutsch, Inventing America's Worst Family, Eugenics, Islam, and the Fall and Rise of the Tribe of Ishmael... |
2017 |
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| Shirin Sinnar |
The Lost Story of Iqbal |
105 Georgetown Law Journal 379 (January, 2017) |
The Supreme Court's 2009 decision in Ashcroft v. Iqbal, which transformed pleading standards across civil litigation, is recognized as one of the most important cases of contemporary civil procedure. Despite the abundant attention the case has received on procedural grounds, the Court's representations of Javaid Iqbal, the plaintiff in the case,...; Search Snippett: ...because he wanted people to know the darker side of America: he saw the post-9/11 detentions as a reflection of systematic racism and imperialism that had also led to deadly U.S. interventions in Iraq, Afghanistan, and other Muslim countries. [FN216] His lawyers filed a complaint in the Eastern... |
2017 |
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| Carrie L. Rosenbaum |
The Natural Persistence of Racial Disparities in Crime-based Removals |
13 University of Saint Thomas Law Journal 532 (Fall, 2017) |
This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration...; Search Snippett: ...15, 2016, 3:00 AM), racism-make- america-great-again-521083; Jamelle Bouie, What We Have Unleashed, This... |
2017 |
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| Roy Dripps |
The Persistence of Memory: the Continuing Influence of Antebellum Missouri Laws Regarding African Americans |
20 Scholar: St. Mary's Law Review on Race and Social Justice 57 (2017) |
I. Background. 60 II. Missouri Slave Laws: Overview. 65 III. The Roots of Missouri Slave Laws: The Louisiana Territory. 66 IV. Missouri State Laws Regarding Slaves. 70 V. Conclusion. 83; Search Snippett: ...perma.cc/6KNL-N3FR] (last visited Oct. 29, 2017) (reflecting on racism in America in light of his revelations about Islam). Forty years later, James Hart, a Republican, ran for the... |
2017 |
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| Raphael Cohen-Almagor |
The Role of Internet Intermediaries in Tackling Terrorism Online |
86 Fordham Law Review 425 (November, 2017) |
John took a stool to the street, stood on it, and started shouting in a loud voice: I want to kill a soldier. Would you join me? I will kill a soldier. Come on with me. Soldiers deserve death. John's target was not named. The target was generic: a soldier, any soldier. John's intention was nevertheless dangerous. The speech conveyed a violent...; Search Snippett: ...in Paris [FN134] and attempting to capitalize on the current racial unrest in the United States by calling on African Americans to embrace Islam and kill racist politicians. [FN135] The fifteenth issue of Inspire , published in 2016... |
2017 |
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| Cynthia Gonzalez |
We've Been Here Before: Countering Violent Extremism Through Community Policing |
74 National Lawyers Guild Review Rev. 1 (Spring, 2017) |
In the past, our courts have decided that African-Americans have no rights the white man is bound to respect, separate but equal is appropriate under the federal Constitution, it is criminal to speak against our military's involvement in a war, and interning Japanese-Americans is a legitimate national security measure. While these historical...; Search Snippett: ...skinned people suspected of being Muslim today. Under government-sanctioned racial oppression and segregation in the United States, [FN102] Muslim-Americans have abandoned discussions about religion and politics and have... |
2017 |
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| Khaled A. Beydoun, Associate Professor of Law at the University of Detroit Mercy School of Law; Affiliated Faculty, University of California, Berkeley Islamophobia Research and Documentation Project |
America, Islam, and Constitutionalism: Muslim American Poverty and the Mounting Police State |
31 Journal of Law and Religion 279 (November, 2016) |
The Cambridge Companion to American Islam. Edited by Julianne Hammer and Omar Safi. New York: Cambridge University Press, 2013. Pp. 386. $34.99 (paper). ISBN: 9780521175524. On the Muslim Question. By Anne Norton. Princeton: Princeton University Press, 2013. Pp. 288. $28.99 (cloth). ISBN: 978-0691157047. What Is an American Muslim? Embracing Faith... |
2016 |
Yes |
| Khaled A. Beydoun |
Between Indigence, Islamophobia, and Erasure: Poor and Muslim in "War on Terror" America |
104 California Law Review 1463 (December, 2016) |
Nearly half of the Muslim American population is interlocked between indigence and Islamophobia, or anti-Muslim animus. Of the estimated eight million Muslim Americans, 45 percent of this population earns a household income less than $30,000 per year. While this statistic clashes with pervasive stereotyping of Muslim Americans as middle class,... |
2016 |
Yes |