Trump takes birthright citizenship to the Supreme Court
The president's contention that birthright citizenship is unconstitutional is considered a fringe view because the Supreme Court ruled to the contrary 127 years ago.
Arizona House committee moves to prevent police budget cuts
The bill would make it illegal for a city to spend less on its police force than it did in the year prior. But no Arizona cities have reduced their police budgets since the 2008 recession.
This semester, 12 clinical law students, representing six law schools, participated in our Spring 2024 Movement Lawyering Clinical Cohort. Through the work in the cohort, their skills were used to advance the campaigns of four of our beloved movement partners. The cohort's reach extended from the Northeast to the Midwest and down to the South, showcasing the broad impact of our collective work. The students' work and research shared the common theme of "Ending Criminalization and Building Thriving Black Communities Our Way."
See justice done : the problem of law in the African American literary tradition - Christopher Michael Brown.
"In See Justice Done: The Problem of Law in the African American Literary Tradition, author Christopher Michael Brown argues that African American literature has profound and deliberate legal roots. Tracing this throughline from the eighteenth century to the present, Brown demonstrates that engaging with legal culture in its many forms-including its conventions, paradoxes, and contradictions-is paramount to understanding Black writing. Brown begins by examining petitions submitted by free and enslaved Blacks to colonial and early republic legislatures. A virtually unexplored archive, these petitions aimed to demonstrate the autonomy and competence of their authors. Brown also examines early slave autobiographies such as Olaudah Equiano's Interesting Narrative and Mary Prince's History, which were both written in the form of legal petitions. These works invoke scenes of Black competence and of Black madness, repeatedly and simultaneously. Early Black writings reflect how a Black Atlantic world, organized by slavery, refused to acknowledge Black competence. By including scenes of Black madness, these narratives critique the violence of the law and predict the failure of future legal counterparts, such as Plessy v. Ferguson, to remedy injustice. Later chapters examine the works of more contemporary writers, such as Sutton E. Griggs, George Schuyler, Toni Morrison, and Edward P. Jones, and explore varied topics from American exceptionalism to the legal trope of "colorblindness." In chronicling these interactions with jurisprudential logics, See Justice Done reveals the tensions between US law and Black experiences of both its possibilities and its perils"--
On being American : the jurisprudence of Ruth Bader Ginsburg - Suzanne Reynolds and Shannon Gilreath, editors.
"In her work as an appellate judge, Justice Ginsburg translated this devotion into a jurisprudence focused on 'We the People,' substantively and procedurally. Substantively, Justice Ginsburg insisted that faithfully employed, the words of the Constitution supported an expansive understanding of who was included in 'We the People,' despite the framers' narrow understanding of the phrase when it appeared in the preamble to the Constitution. Expressed also as a jurisprudence of equality and opportunity, Justice Ginsburg believed that the phrase promised equal dignity for people despite their gender, gender identity, race, or disability. Procedurally, 'We the People' shaped Justice Ginsburg's approach to the process of deciding cases, guiding every step of her judicial process-the way she read the Constitution and statutes, approached voting issues, and analyzed the demands of the separation of powers, for example. While the substantive contours of 'We the People' have received the most attention, the full sweep of her jurisprudence appears also in the process she used in analyzing all issues. Justice Ginsburg's jurisprudence of 'We the People' became the ordering principle of this book, explaining both the book's title and its topics. Instead of a general survey of Justice Ginsburg's work, the book tells the story of an advocate and a jurist committed to increasing in material ways the bundle of rights we all carry around with us as Americans. As Linda Greenhouse explained in the Foreword, the story begins with Justice Ginsburg's commitment to an America that enables people with diverse experiences to live together in civic harmony. Justice Ginsburg believed that because the American experience involved living in community, the religious expression of some of us had to yield when the expression oppressed others of us in ways endangering that harmony"--
"Ketanji Brown Jackson, the first Black woman ever appointed to the Supreme Court of the United States, chronicles her life story and her extraordinary path to becoming a jurist on America's highest court, in her inspiring, intimate memoir. In this unflinching account, Justice Jackson invites readers into her life and world, tracing her family's ascent from segregation to her confirmation as a Supreme Court Justice, within the span of one generation. Named 'Ketanji Onyika,' meaning 'Lovely One,' based on a suggestion from her aunt, a Peace Corps worker stationed in West Africa, Justice Jackson learned from her educator parents to take pride in her heritage. She describes her resolve as a young girl to honor this legacy and realize her dreams: from hearing stories of her grandparents and parents breaking barriers in the segregated South, to honing her voice in high school as an oratory champion and student body president, to graduating magna cum laude from Harvard, where she performed in musical theater and improv and participated in pivotal student organizations. Here, Justice Jackson pulls back the curtain, marrying the public record of her life with what is less known. She reveals what it takes to advance in the legal profession when most people in power don't look like you, and to reconcile a demanding career with the joys and sacrifices of marriage and motherhood. Through trials and triumphs, Justice Jackson's journey will resonate with dreamers everywhere, especially those who nourish outsized ambitions and refuse to be turned aside. This moving, openhearted tale will spread hope for a more just world, for generations to come"--
University receives $1.5M grant for wrongful conviction reviews
The University of Arizona Innocence Project has received a $1.5 million grant from the Department of Justice to enhance its efforts in investigating wrongful convictions, particularly through DNA evidence analysis.
The Innocence Project works to free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. Founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University, the organization is now an independent nonprofit. Our work is guided by science and grounded in anti-racism.
Anti-black literacy laws and policies - Arlette Ingram Willis.
"This groundbreaking book uncovers how anti-Black racism has informed and perpetuated anti-literacy laws, policies, and customs from the colonial period to the present day. A counternarrative of the history of Black literacy in the United States, the book's historical lens reveals the interlocking political and social structures that have repeatedly failed to support equity in literacy for Black students. Arlette Ingram Willis walks readers through the impact of anti-Black racism's impact on literacy education by identifying and documenting the unacknowledged history of Black literacy education, one that is inextricably bound up with a history of White supremacy. In illuminating chapters, Willis exposes, interrogates, and analyzes incontrovertible historical evidence of the social, political, and legal efforts to deny equal literacy access. Chapters cover an in-depth evolution of the role of White supremacy and the harm it causes in forestalling Black readers' progress; a critical examination of empirical research and underlying ideological assumptions that resulted in limiting literacy access; and a review of federal and state documents that restricted reading access for Black people. Willis interweaves historical vignettes throughout the text as antidotes to whitewashing the history of literacy among Black people in the US and offers recommendations on ways forward to dismantle racist reading research and laws. By centering the narrative on the experiences of Black people in the US, Willis shifts the conversation and provides an uncompromising focus on not only the historical impact of such laws and policies but also their connections to the present-day laws and policies. A definitive history of the instructional and legal structures that have harmed generations of Black people, this text is essential for scholars, students, and policymakers in literacy education, reading research, history of education, and social justice education"--
Cutting 'race and ethnicity' from ABA's law school diversity rules goes too far, critics say
Eliminating the terms “race and ethnicity” from the American Bar Association’s law school accreditation rules will hobble longstanding efforts to bring in diverse students and faculty, critics warned in public comments on the proposal.
Celebrate Hispanic Heritage Month with the Law Library! - Daniel F. Cracchiolo Law Library Blog - LibGuides at University of Arizona Law Library
Hispanic Heritage Month, running from September 15 to October 15, is a vibrant celebration of the history, culture, and contributions of Hispanic and Latino Americans. This month-long observance honors the rich tapestry of cultures that make up the Hispanic community, from music and art to historical achievements and social progress. Hispanic Heritage Month does not cover one single month but instead begins in the middle of September and ends in the middle of October.
Celebrate Hispanic Heritage Month with the Law Library!
Queering reproductive justice : an invitation - Candace Bond-Theriault
"The futures of reproductive justice and LGBTQIA+ liberation are intimately connected. Both movements were born out of the desire to love and build families of our choosing--when and how we decide. Both movements are rooted in broader social justice liberationist traditions that center the needs of Black and brown communities, the LGBTQIA+ community, gender-nonconforming folks, femmes, poor folks, parents, and all those who have been forced to the margins of society. Taking as its starting point the idea that we all have the human right to bodily autonomy, to sexual health and pleasure, and to exercise these rights with dignity, Queering Reproductive Justice sets out to re-envision the seemingly disparate strands of the reproductive justice and LGBTQIA+ movements and offer an invitation to reimagine these movements as one integrated vision of freedom for the future. Candace Bond-Theriault asserts that for reproductive justice to be truly successful, we must acknowledge that members of the LGBTQIA+ community often face distinct, specific, and interlocking oppressions when it comes to these rights. Family formation, contraception needs, and appropriate support from healthcare services are still poorly understood aspects of the LGBTQIA+ experience, which often challenge mainstream notions of the nuclear family, and the primacy of blood-relatives. Blending advocacy with a legal, rights-based framework, Queering Reproductive Justice offers a unified path for attaining reproductive justice for LGBTQIA+ people. Drawing on U.S. law and legislative history, healthcare policy, human rights, and interviews with academics and activists, Bond-Theriault presents incisive new recommendations for queer reproductive justice theory, organizing, and advocacy. This book offers readers an invitation to join the conversation, and ultimately to join the movement to that is unapologetically queering reproductive justice"--
Death Penalty Alternatives for Arizona (DPAA) is a non-profit educational organization working to inform the public about the injustices surrounding the death penalty and the criminal punishment system. DPAA consists of volunteers from around the State of Arizona organized into the Northern, Central, and Southern regions of the state.
Enslaved archives : slavery, law, and the production of the past - Maria R. Montalvo
"This work is a history of slavery, capitalism, and the law that not only reframes how we understand the commodification of enslaved people, but also makes a significant methodological and moral argument for how historians should seek to make sense of the lived experiences of enslaved people in the antebellum United States"--
The architecture of desire : how the law shapes interracial intimacy and perpetuates inequality. Solangel Maldonado
This book examines how the law influences our most personal and private choices-who we desire and choose as intimate partners-and explores the psychological, economic, and social effects of these choices. It proposes ways to minimize law's influence over who we desire, love, and bring into our families, including changes to dating platforms, as well as housing, education, and transportation policies
Toxic intent : environmental harm, corporate crime, and the criminal enforcement of federal environmental laws in the United States - Joshua Ozymy, Melissa Jarrell Ozymy
Toxic intent : environmental harm, corporate crime, and the criminal enforcement of federal environmental laws in the United States-book
Law democratized : a blueprint for solving the justice crisis - Renee Knake Jefferson
"Millions of Americans do not recognize their problems can be solved through legal tools. Law democratized offers a blueprint for expanding access to legal help for all regardless of resources. Building upon more than a decade of research about innovation in legal services around the globe, the book features stories of what works and what doesn't to craft a series of recommendations for solving the justice crisis"--
Trauma-Informed Law According to the authors of Trauma-Informed Law: A Primer for Lawyers Resilience and Healing, “a key concept for trauma-informed lawyering is the shift that has occurred, …
"Homeless Advocacy examines the role legal advocacy plays in preventing and ending homelessness. The book provides a history of homelessness, the current state of it in the United States, context on working with unhoused populations, and analyzes the legal issues they face through a practitioner's lens. With these topics, ranging from criminalization of homelessness to employment barriers and affordable housing, the author provides a resource that will encourage and enable more people to advocate on behalf of unhoused populations and will serve as a guidepost to advance that advocacy. There are many books on poverty, but this book is different and complementary as it focuses on the unhoused population and the legal challenges unique to them. It is aimed at law students, policy, and social work students at the undergraduate and graduate levels, and individual activists. It includes narratives from practitioners and those with lived experience of being unhoused"--
What Don't You Understand About Apprehension of Bias? - Slaw
This post is a detour from my series on section 3 of the Canadian Charter of Rights and Freedoms and the Superior Court of Justice and Court of Appeal Working Families decisions (see here and here (SCJ) and here (ONCA)). (See those posts here, here, here and here). In this post I provide some thoughts […]
The Mission: Eliminate Systemic Racism in the Legal System - LexisNexis' Ronda Bazley Moore (TGIR Ep. 179)
This week we are joined by LexisNexis' Chief Inclusion and Diversity Officer and Head of Global Talent Development, Ronda Bazley Moore. Ronda and a team
Interview with Ariela J. Gross, John B. and Alice R. Sharp Professor of Law and History on Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana
Fred Korematsu Winning Justice | In Custodia Legis
This blog post, part 2 in a series, discusses the coram nobis proceeding relating to Fred Korematsu's earlier conviction as a nisei prisoner of a Japanese internment camp in the United States during WWII.
Zanelle Brown | Many states and local municipalities, as well as private businesses, will close up shop in observation of the new federal holiday, Juneteenth.
Birthright Citizens: A History of Race and Rights in Antebellum America - Martha S. Jones
Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.