| Author | Title | Citation | Summary | Year | Key terms In Title or Summary |
| 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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