| Author | Title | Publication Name | Summary | Year | Key Term in Title or Summary |
| Mira Edmonds |
THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY |
28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) |
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... |
2021 |
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CHAPTER FOUR ALOHA 'INA: NATIVE HAWAIIAN LAND RESTITUTION |
133 Harvard Law Review 2148 (April, 2020) |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more... |
2020 |
Yes |
| Lisset M. Pino |
COLONIZING HISTORY: RICE v. CAYETANO AND THE FIGHT FOR NATIVE HAWAIIAN SELF-DETERMINATION |
129 Yale Law Journal 2574 (June, 2020) |
Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to... |
2020 |
Yes |
| Peter Blanck , Ynesse Abdul-Malak , Meera Adya , Fitore Hyseni , Mary Killeen , Fatma Altunkol Wise |
DIVERSITY AND INCLUSION IN THE AMERICAN LEGAL PROFESSION: FIRST PHASE FINDINGS FROM A NATIONAL STUDY OF LAWYERS WITH DISABILITIES AND LAWYERS WHO IDENTIFY AS LGBTQ+ |
23 University of the District of Columbia Law Review 23 (Spring, 2020) |
Purpose: This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (ABA). With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse... |
2020 |
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| Ian Falefuafua Tapu |
HOW TO SAY SORRY: FULFILLING THE UNITED STATES' TRUST OBLIGATION TO NATIVE HAWAIIANS BY USING THE CANONS OF CONSTRUCTION TO INTERPRET THE APOLOGY RESOLUTION |
44 New York University Review of Law and Social Change 445 (2020) |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,... |
2020 |
Yes |
| Kim Shayo Buchanan, Phillip Atiba Goff |
RACIST STEREOTYPE THREAT IN CIVIL RIGHTS LAW |
67 UCLA Law Review 316 (May, 2020) |
Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a stereotype that their group is racist. Because white people are more likely to anticipate being stereotyped as racist,... |
2020 |
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| Shakira D. Pleasant |
FISHER'S FOREWARNING: USING DATA TO NORMALIZE COLLEGE ADMISSIONS |
21 University of Pennsylvania Journal of Constitutional Law 813 (February, 2019) |
This Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (UT) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious... |
2019 |
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| Gerald P. López |
GROWING UP IN AUTHORITARIAN 1950S EAST LA |
66 UCLA Law Review 1532 (December, 2019) |
By the 1950s, the criminal justice system had long combined with other systems, institutions, and individuals to target all the residents of East LA-- particularly Mexicans--as criminals. In equating Mexicans with criminality, these networked forces and actors regarded and treated these residents as exceptions--as morally requiring and legally... |
2019 |
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| Hokulani McKeague |
HOKULANI MCKEAGUE v. DEPARTMENT OF HAWAIIAN HOME LANDS: A CASE FOR THE UNCONSTITUTIONALITY OF BLOOD QUANTUM |
42 University of Hawaii Law Review 204 (Winter 2019) |
Section 209 of the Hawaiian Homes Commission Act requires a successor to a Department of Hawaiian Home Lands lease to have at least one-quarter Hawaiian blood. This article explores the unconstitutionality of blood quantum as it relates to section 209 and argues that it violates the Fifth and Fourteenth Amendments to the United States Constitution... |
2019 |
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| Lorinda Riley, SJD |
NATIVE HAWAIIANS AND THE NEW FRONTIER OF THE INDIAN CIVIL RIGHTS ACT |
26 Asian American Law Journal 168 (2019) |
Introduction. 168 I. The Impact of the Indian Civil Rights Act. 171 A. Born of Two-Policy Eras. 171 B. ICRA: The Good, the Bad, and the Ugly. 175 II. Native Hawaiian Sovereignty in the Modern Era. 180 A. From the Kingdom of Hawai'i to Annexation. 180 B. Federal Recognition: The Search for and the Obstacles to Overcome. 183 III. ICRA and Native... |
2019 |
Yes |
| Alisa Smith, J.D., Ph.D. , Yanmei (Jennifer) Patella, M.S. |
RACE AND MISDEMEANOR COURT DISPOSITIONS: AN AGGREGATE STUDY OF THE "TIPPING POINT" |
22 Journal of Gender, Race and Justice 291 (Fall, 2019) |
This macro-level study of misdemeanor court disposition rates in Florida counties over a sixteen-year period lends some support to racial diversity (percentage reporting Black or African American and Some Other Race) as a perceived social threat, resulting in increased misdemeanor disposition rates. Using OLS linear regression and time series... |
2019 |
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| Timothy Sandefur |
RECENT DEVELOPMENTS IN INDIAN CHILD WELFARE ACT LITIGATION: MOVING TOWARD EQUAL PROTECTION? |
23 Texas Review of Law and Politics 425 (Spring, 2019) |
Introduction. 426 I. Brackeen: ICWA as a Race-Based Statute and an Intrusion on State Autonomy. 427 A. How the ICWA Operates. 427 1. Racial or Political Lines?. 427 2. State Autonomy over Family Law. 434 B. The Brackeen Court finds the ICWA Unconstitutional. 441 II. Depriving Indian Parents of the Right to Choose What Is Best for their Children.... |
2019 |
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| Susan K. Serrano |
A REPARATIVE JUSTICE APPROACH TO ASSESSING ANCESTRAL CLASSIFICATIONS AIMED AT COLONIZATION'S HARMS |
27 William & Mary Bill of Rights Journal 501 (December, 2018) |
Introduction. 501 I. Davis V. Guam in Legal-Political Context. 506 A. The Dismantling of Justice. 507 B. Rice v. Cayetano: Ancestry as Proxy for Race. 510 C. Davis v. Guam: Ancestry as Invidious Racial Purpose. 514 II. A Reparative Justice Approach to Remedying the Harms of Colonization. 518 A. Ancestry and Race as Key to Colonization. 519 B.... |
2018 |
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| John Rappaport |
CRIMINAL JUSTICE, INC. |
118 Columbia Law Review 2251 (December, 2018) |
In the past decade, major retailers nationwide have begun to employ a private, for-profit system to settle criminal disputes, extracting payment from shoplifting suspects in exchange for a promise not to call the police. This Article examines what retailers' decisions reveal about our public system of criminal justice and the concerns of the agents... |
2018 |
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| Susan K. Serrano |
ELEVATING THE PERSPECTIVES OF U.S. TERRITORIAL PEOPLES: WHY THE INSULAR CASES SHOULD BE TAUGHT IN LAW SCHOOL |
21 Journal of Gender, Race and Justice 395 (Winter, 2018) |
I. Introduction. 395 II. The Insular Cases in Socio-Historical Context. 402 A. Downes v. Bidwell and the Doctrine of Territorial Incorporation. 404 B. Balzac v. Porto Rico and the Aftermath of the Insular Cases. 409 C. Ongoing Impacts of the Doctrine of Territorial Incorporation. 411 III. The Insular Cases in the Law School Curriculum: An Overview.... |
2018 |
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| Raisa D'Oyley |
OVERREPRESENTED AND UNDER THE RADAR: BLACK IMMIGRANTS IN LAW SCHOOL AND THE LEGAL PROFESSION |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2018) |
Though black immigrants only represent less than nine percent of the population of blacks in America, they are overrepresented in colleges and universities, particularly at selective institutions. Researchers have not been able to conclusively determine the cause. Though unidentifiable, these factors will continue to influence representation in... |
2018 |
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| Kevin Tongg |
POISONS IN OUR COMMUNITIES: ENVIRONMENTAL JUSTICE'S ROLE IN REGULATING HAWAI'I'S BIOTECHNOLOGY INDUSTRY |
40 University of Hawaii Law Review 155 (Summer, 2018) |
I. INTRODUCTION. 156 II. ANALYTICAL FRAMEWORK: ENVIRONMENTAL JUSTICE. 161 III. BACKGROUND: THE HISTORY OF HAWAI'I'S AGRICULTURE. 163 A. Western Contact. 163 B. The Rise of the Sugar Industry. 164 C. The Seed Industry Takes Root. 166 IV. LEGAL FRAMEWORK. 169 A. Kaua'i Ordinance 960. 169 B. Syngenta Seeds, Inc. v. Cty. of Kaua'i, No. 14-00014 BMK,... |
2018 |
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| Joseph E. Kennedy , Isaac Unah , Kasi Wahlers |
SHARKS AND MINNOWS IN THE WAR ON DRUGS: A STUDY OF QUANTITY, RACE AND DRUG TYPE IN DRUG ARRESTS |
52 U.C. Davis Law Review 729 (December, 2018) |
Conventional wisdom has it that in the war on drugs you have to catch small fish in order to catch big fish. But what if the vast majority of drug arrests were for very small fish, and disproportionately brown ones at that? This Article is the first to conclusively establish that the war on drugs is being waged primarily against those possessing or... |
2018 |
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| Alexander Tallchief Skibine |
THE SUPREME COURT'S LAST 30 YEARS OF FEDERAL INDIAN LAW: LOOKING FOR EQUILIBRIUM OR SUPREMACY? |
8 Columbia Journal of Race and Law 277 (2018) |
For 187 years, Indian nations status in the United States has not been fully developed or consistently approached within the law. They are viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty,... |
2018 |
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| Lane Kaiwi Opulauoho |
TRUST LANDS FOR THE NATIVE HAWAIIAN NATION: LESSONS FROM FEDERAL INDIAN LAW PRECEDENTS |
43 American Indian Law Review 75 (2018) |
From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... |
2018 |
Yes |
| Troy J.H. Andrade |
(RE)RIGHTING HISTORY: DECONSTRUCTING THE COURT'S NARRATIVE OF HAWAI'I'S PAST |
39 University of Hawaii Law Review 631 (Summer, 2017) |
I. INTRODUCTION. 632 II. HISTORY'S COMPLEXITIES: THE JUDICIAL INCLUSION OF HISTORICAL ESSAYS. 634 A. The Supreme Court's Use of History. 634 B. Rise of the Historical Essay. 636 III. RIGHTING HISTORY: ANALYZING THE TWENTY-FIRST CENTURY NARRATIVE OF HAWAI'I'S PAST. 640 A. Erasing History. 640 B. Revising and Copying History. 657 C. Consequences of... |
2017 |
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| Melody Kapilialoha MacKenzie , D. Kapua'ala Sproat |
A COLLECTIVE MEMORY OF INJUSTICE: RECLAIMING HAWAI'I'S CROWN LANDS TRUST IN RESPONSE TO JUDGE JAMES S. BURNS |
39 University of Hawaii Law Review 481 (Summer, 2017) |
I ka lelo no ke ola, i ka lelo no ka make. Words can heal; words can destroy. I. INTRODUCTION. 482 II. COLLECTIVE MEMORY'S VITAL ROLE IN SHAPING THE PUBLIC'S UNDERSTANDING OF HISTORY AND NATIVE HAWAIIAN RIGHTS' CLAIMS. 487 A. Understanding Collective Memory. 487 B. Collective Memory's Power and Potential. 492 1. Collective memory's practical... |
2017 |
Yes |
| Susan McCarter , Elisa Chinn-Gary , Louis A. Trosch, Jr. , Ahmed Toure , Abraham Alsaeedi , Jennifer Harrington |
BRINGING RACIAL JUSTICE TO THE COURTROOM AND COMMUNITY: RACE MATTERS FOR JUVENILE JUSTICE AND THE CHARLOTTE MODEL |
73 Washington and Lee Law Review Online 641 (3/29/2017) |
This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system,... |
2017 |
|
| Danaya C. Wright , Beth Sterner |
HONORING PROBABLE INTENT IN INTESTACY: AN EMPIRICAL ASSESSMENT OF THE DEFAULT RULES AND THE MODERN FAMILY |
42 ACTEC Law Journal 341 (Winter, 2017) |
This article provides preliminary analysis of an empirical study of nearly 500 wills probated in Alachua and Escambia Counties in the State of Florida in 2013. The particular focus of the study is to determine if there are noticeable patterns of property distribution preferences among decedents based on their diverse family relationships. Earlier... |
2017 |
|
| Alex Tallchief Skibine |
INDIANS, RACE, AND CRIMINAL JURISDICTION IN INDIAN COUNTRY |
10 Albany Government Law Review 49 (2017) |
Which Sovereign, among the Federal, States, and Indian nations, has criminal jurisdiction in Indian Country depends on whether the alleged perpetrator and/or the victim qualify as an Indian for the purposes of certain federal laws. Criminal jurisdiction in Indian Country is mostly determined by four federal laws, none of which have a specific... |
2017 |
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| Justin D. Levinson , Mark W. Bennett , Koichi Hioki |
JUDGING IMPLICIT BIAS: A NATIONAL EMPIRICAL STUDY OF JUDICIAL STEREOTYPES |
69 Florida Law Review 63 (January, 2017) |
American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars... |
2017 |
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| Troy J.H. Andrade |
LEGACY IN PARADISE: ANALYZING THE OBAMA ADMINISTRATION'S EFFORTS OF RECONCILIATION WITH NATIVE HAWAIIANS |
22 Michigan Journal of Race and Law 273 (Spring, 2017) |
This Article analyzes President Barack Obama's legacy for an indigenous people--nearly 125 years in the making--and how that legacy is now in considerable jeopardy with the election of Donald J. Trump. This Article is the first to specifically critique the hallmark of Obama's reconciliatory legacy for Native Hawaiians: an administrative rule that... |
2017 |
Yes |
| Kathryn Stanaway |
SUSTAINABLE NEARSHORE MARINE FISHERIES IN HAWAI'I: APPLYING PRINCIPLES FROM TRADITIONAL PRACTITIONERS IN HAWAI'I AND AOTEAROA NEW ZEALAND |
18 Asian-Pacific Law and Policy Journal 123 (Spring, 2017) |
I. Introduction. 124 II. Polynesian Worldviews and a Snap Shot of the Current Legal Framework for Nearshore Marine Fisheries in Hawai'i and Aotearoa New Zealand. 132 A. Polynesian Worldviews from Two Ends of the Pacific Ocean. 132 1. Native Hawaiian Worldview: How Native Hawaiians Manage Fisheries. 133 2. Mori Worldview: How Mori Manage... |
2017 |
Yes |
| Avis Kuuipoleialoha Poai |
TALES FROM THE DARK SIDE OF THE ARCHIVES: MAKING HISTORY IN HAWAI'I WITHOUT HAWAIIANS |
39 University of Hawaii Law Review 537 (Summer, 2017) |
[H]e makemake ko'u e pololei ka moolelo o ko'u one hanau, aole na ka malihini e ao mai ia'u i ka mooolelo o ko'u lahui, na'u e ao aku i ka moolelo i ka malihini. I want the history of my homeland to be correct, it is not the foreigner who will teach me the history of my people, it is I who shall teach the foreigner. --Samuel M. Kamakau I.... |
2017 |
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| Lorelei Laird |
TO FORM A NATION |
103-NOV ABA Journal 54 (November, 2017) |
That sin--the forcible ouster of the Hawaiian monarchy--has some Native Hawaiians waging a legal battle to this day to regain some measure of independence. Under the monarchy, American and European businesspeople had prospered. But they wanted control in this land of paradise. So in 1887, they assembled a militia and forced King David Kalkaua at... |
2017 |
Yes |
| Iyanrick John , Kathy Ko Chin |
A REVIEW OF POLICIES AND STRATEGIES TO IMPROVE ACCESS TO HEALTH CARE FOR LIMITED ENGLISH PROFICIENT INDIVIDUALS IN THE ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER COMMUNITY |
16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) |
A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... |
2016 |
Yes |
| D. Kapua‘ala Sproat |
AN INDIGENOUS PEOPLE'S RIGHT TO ENVIRONMENTAL SELF-DETERMINATION: NATIVE HAWAIIANS AND THE STRUGGLE AGAINST CLIMATE CHANGE DEVASTATION |
35 Stanford Environmental Law Journal 157 (June, 2016) |
I. Introduction. 158 II. Climate Change and Its Impacts on Native Peoples and Resources. 163 A. Climate Change and Environmental Injustice for Indigenous Peoples. 163 B. Knaka Maoli Cultural Survival and the Integrity of Hawaii's Natural and Cultural Resources. 167 C. Climate Change's Projected Impacts on Traditional and Customary Practices. 172... |
2016 |
Yes |
| Gwendolyn M. Leachman |
INSTITUTIONALIZING ESSENTIALISM: MECHANISMS OF INTERSECTIONAL SUBORDINATION WITHIN THE LGBT MOVEMENT |
2016 Wisconsin Law Review 655 (2016) |
Introduction. 655 I. Essentialism, Identity Politics, and LGBT Movement Critique. 658 A. Intersectionality and Strategic Essentialism. 659 B. Strategic Essentialism & Structural Racism. 661 II. An Institutional Perspective on Intersectional Marginalization Within Social Movements. 664 A. Institutional Research in Sociology. 664 B. Institutional... |
2016 |
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| Sarah R. Boonin |
TEN YEARS TOO LONG--REFORMING SOCIAL SECURITY'S MARRIAGE DURATION REQUIREMENT IN CASES OF DOMESTIC VIOLENCE |
39 Harvard Journal of Law & Gender 369 (Summer, 2016) |
Social Security's retirement program has evolved over time to become a major source of economic security in older age for workers' family members, including spouses and ex-spouses. To qualify for derivative retirement benefits as an ex-spouse, the applicant must have been married to the wage earner for at least ten years. This Article explores... |
2016 |
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| James S. Burns |
THE CROWN LANDS TRUST: WHO WERE, WHO ARE, THE BENEFICIARIES? |
38 University of Hawaii Law Review 213 (Winter, 2016) |
In his 2008 book Who Owns the Crown Lands of Hawai'i?, Professor Jon M. Van Dyke asked: What was the trust status of the Crown Lands before the [1893] overthrow? Assuming Professor Van Dyke intended to use the word Monarchs rather than Monarchy, this paper agrees with Professor Van Dyke's answer that a law enacted in 1865 took away the... |
2016 |
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| Lezlie Kī'aha |
THINKING OUTSIDE THE BARS: USING HAWAIIAN TRADITIONS AND CULTURALLY-BASED HEALING TO ELIMINATE RACIAL DISPARITIES WITHIN HAWAI'I'S CRIMINAL JUSTICE SYSTEM |
17 Asian-Pacific Law and Policy Journal 1 (2016) |
I. Introduction. 2 II. Background. 5 A. Pre-Contact Hawai'i. 5 1. The Social Stratification of Pre-Contact Hawai'i. 5 2. The Kapu System. 6 3. Pu'uhonua as Places of Refuge. 7 B. The American Criminal Justice System. 8 C. Hawai'i's Prison System Today. 10 1. The Disparity of Native Hawaiians in the Criminal Justice System. 11 2. Incarceration for... |
2016 |
Yes |
| Breann Nu'uhiwa |
"LANGUAGE IS NEVER ABOUT LANGUAGE": ELIMINATING LANGUAGE BIAS IN FEDERAL EDUCATION LAW TO FURTHER INDIGENOUS RIGHTS |
37 University of Hawaii Law Review 381 (Spring, 2015) |
Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences... |
2015 |
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| Aleatra P. Williams |
BENEATH THE STAINS OF TIME: THE BANALITY OF RACE, THE HOUSING AND FORECLOSURE CRISIS, AND THE FINANCIAL GENOCIDE OF MINORITIES |
24 Boston University Public Interest Law Journal 247 (Summer 2015) |
I. Introduction. 247 II. The Conceptualization of Race & Socially Accepted Racial Hierarchies. 251 III. Homeownership in the U.S.. 257 IV. Lending discrimination during the housing and foreclosure crisis. 262 A. Lending Discrimination Laws and Enforcement Agencies. 264 B. Left Behind: Minorities During the Housing and Foreclosure Crisis. 271 V. The... |
2015 |
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| Justin D. Levinson , Koichi Hioki , Syugo Hotta |
IMPLICIT BIAS IN HAWAI'I: AN EMPIRICAL STUDY |
37 University of Hawaii Law Review 429 (Spring, 2015) |
More than twenty years after pervasive implicit racial bias began to be documented by social scientists, a tremendous body of scholarship teaches citizens and scholars alike about the power and breadth of implicit racial bias in America and beyond. Hundreds of empirical studies have found, using wide-ranging methodologies, that people possess a... |
2015 |
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| Kevin Brown |
LSAC DATA REVEALS THAT BLACK/WHITE MULTIRACIALS OUTSCORE ALL BLACKS ON LSAT BY WIDE MARGINS |
39 New York University Review of Law and Social Change 381 (2015) |
The Supreme Court has now issued its opinions in both Fisher v. University of Texas and Schuette v. Coalition to Defend Affirmative Action, and thereby reaffirmed its decision in Grutter v. Bollinger that upheld the legal validity of narrowly tailored affirmative action programs in higher education. There still remains, however, an important issue... |
2015 |
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| Rachel D. Godsil , James S. Freeman |
RACE, ETHNICITY, AND PLACE IDENTITY: IMPLICIT BIAS AND COMPETING BELIEF SYSTEMS |
37 University of Hawaii Law Review 313 (Spring, 2015) |
The concept of wahi pana merges the importance of place with that of the spiritual .. [T]his value links [Hawaiians to our past and our] future. Edward L. H. Kanahele You are where you came from. There are no disembodied selves. There are only humans embedded in practices, places, and cultures. Adrian McKinty We are constituted in significant part... |
2015 |
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| Abigail L. Perdue |
THE SOLIDARITY PARADOX |
23 Duke Journal of Gender Law & Policy 45 (Fall 2015) |
I am an invisible man . . . because of a peculiar disposition of the eyes of those with whom I come in contact. A matter of the construction of their inner eyes, those eyes with which they look through their physical eyes upon reality. . . . [Y]ou often doubt if you really exist. I live under the power of the fathers, and I have access only to... |
2015 |
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| Andrea Freeman |
TRANSPARENCY FOR FOOD CONSUMERS: NUTRITION LABELING AND FOOD OPPRESSION |
41 American Journal of Law & Medicine 315 (2015) |
Transparency for consumers through nutrition labeling should be the last, not the first, step in a transformative food policy that would reduce dramatic health disparities and raise the United States to the health standards of other nations with similar resources. Nonetheless, transparency in the food system is a key focal point of efforts to... |
2015 |
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| Alex T. Skibine |
USING THE NEW EQUAL PROTECTION TO CHALLENGE FEDERAL CONTROL OVER TRIBAL LANDS |
36 Public Land & Resources Law Review 3 (2015) |
Introduction. 4 I. Distinguishing Between Racial and Political Classifications. 10 A. The Case Law at the Supreme Court. 10 1. The Pre- Mancari Cases. 10 2. Mancari and its Progeny. 12 B. The Case Law in the Lower Courts. 21 C. The Indian Commerce Clause Power as the Determinant Factor on Whether the Classification is Racial or Political. 32 II.... |
2015 |
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| Brinkley Beecher Cook-Campbell |
"SCHOOLHOUSE BLOCK": WHY THE ARKANSAS PUBLIC SCHOOL CHOICE ACT SHOULD BE IMPROVED BUT NOT ELIMINATED |
67 Arkansas Law Review 927 (2014) |
Imagine that you are a high school student living with your parents in Arkansas. You currently attend school in the district in which you reside, but you would like to transfer to another district because it offers the Advanced Placement courses that appeal to college admissions officers. However, you are told you cannot transfer because granting... |
2014 |
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| Gerald Torres |
AMERICAN BLOOD: WHO IS COUNTING AND FOR WHAT? |
58 Saint Louis University Law Journal 1017 (Summer 2014) |
I want to thank Saint Louis University School of Law, Professor Joel Goldstein, and my good friend Sandy Levinson for inviting me to participate in this gathering on the occasion of the 2013 Childress Lecture. As is typical, Sandy's essay Who Counts? Sez Who? is rich with both insight and provocation. Beginning as it does with a consideration of... |
2014 |
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| Roy L. Brooks |
POSTCONFLICT JUSTICE IN THE AFTERMATH OF MODERN SLAVERY |
46 George Washington International Law Review 243 (2014) |
© Jenna Winship, 2011 (Used with Permission) A little girl is sold into debt bondage and sexual exploitation in Thailand to pay off the debts of her poverty-stricken parents. Her enslavement is sanctioned by her society's long-standing cultural values and religious convictions and is part of the hugely profitable sexual tourism industry in... |
2014 |
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| Teri Māhealani Wright |
DEMOLITION OF NATIVE RIGHTS AND SELF DETERMINATION: ACT 55'S DEVASTATING IMPACT THROUGH THE DEVELOPMENT OF HAWAII'S PUBLIC LANDS |
35 University of Hawaii Law Review 297 (Winter, 2013) |
I. Introduction. 298 II. Background and Context. 302 A. The Cultural and Historical Significance of Land to Native Hawaiians. 302 1. Native Hawaiian relationship to land. 302 2. Ahupua'a land tenure system. 303 B. The Historical and Legal Background of Land Management in Hawai'i. 304 1. The first occurrence of privatization in Hawai'i: the Mahele... |
2013 |
Yes |
| Donna S. Salcedo |
HAWAIIAN LAND DISPUTES: HOW THE UNCERTAINTY OF THE NATIVE HAWAIIAN INDIGENOUS TRIBAL STATUS EXACERBATES THE NEED FOR MEDIATION |
14 Cardozo Journal of Conflict Resolution 557 (Winter 2013) |
Many people see the Hawaiian Islands as a paradise in the Pacific Ocean. However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were once ruled by its monarchy. In fact, the Hawaiian Kingdom was not overthrown until... |
2013 |
Yes |
| Alex M. Johnson, Jr. |
INCLUDING DIVERSITY IN U.S. NEWS' RANKINGS: ONE SMALL STEP IN THE RIGHT DIRECTION |
27 Journal of Civil Rights & Economic Development 167 (Fall, 2013) |
Robert Morse, director of data research at U.S. News & World Report, is the principal architect of that magazine's annual ranking project: America's Best Graduate Schools which ranks American Bar Association (ABA) accredited law schools (the rankings). U.S. News & World Report (U.S. News) has been publishing the rankings since 1990 and Mr. Morse... |
2013 |
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