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From 1965 to 2023: How Allen v. Milligan Upheld the Voting Rights Act but Failed to Adapt to the Age of Computers
No full textIn 1982, Congress amended Section 2 of the Voting Rights Act of 1965 to outlaw voting practices that deprive or abridge minorities’ voting rights on account of race. This amendment outlaws both intentional discrimination and disparate impacts. For the past thirty years, private citizens have used Section 2 to challenge redistricting maps that dilute minority voters’ voices.
In Allen v. Milligan, the Supreme Court protected Section 2 when it held that Alabama’s redistricting map diluted minority voters’ right to vote. The Court rejected Alabama’s proposal for a new test to compare states’ maps to computer-generated redistricting maps that did not consider race. The Court correctly recognized that this proposal was an oversimplified view of Section 2. The Court’s mistake came from not addressing the fact that computers are an inadequate tool to recognize discriminatory impacts. As computers continue to improve and society tasks them with increased responsibilities, the Court must recognize their faults and limit the role it permits computers to play in lawsuits. This is especially important with Section 2 and other anti-discrimination laws that task courts with determining whether a practice has a discriminatory effect. Discriminatory impacts require a multifaceted analysis of facts and circumstances, which computers—that do not consider race—cannot adequately perform
50 Years After the 1973 Coup in Chile: Analysis of the Processes of Transition to Democracy and Transitional Justice
No full textPreparing for the Reckoning of Law with Justice: Organizing LatCrit Hemispherically for Systemic and Material Power
No full textUS State Privacy Legislation Tracker
No full textThe International Association of Privacy Professionals (IAPP) founded in 2000 is a not-for-profit association. The IAPP Westin Research Center actively tracks the proposed and enacted comprehensive privacy bills from across the U.S. to stay informed of the changing state privacy landscape. This information is compiled into a map, a detailed chart identifying key provisions in the legislation, and links to enacted state comprehensive privacy laws.
The chart identifies fourteen provisions that commonly appear in comprehensive privacy laws to break into two categories - consumer rights and business obligations - Although many of the proposed bills will fail to become law, comparing the key provisions helps break down how privacy is developing in the U.S
The Pioneers, Waves, and Random Walks of Securities Law in the Supreme Court
No full textAfter the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for appreciating what is coming next
Sorry, Kid, You Have No Rights Here: How can we protect unadjudicated youth in private residential treatment facilities from harmful and unnecessary strip searches?
No full textRight to Higher Education of Persons with Disabilities: Indian Scenario
No full textThe Book Disability: A Journey from Welfare to Right , is a collection of excellent pieces on disability laws and policies at the national and international level. This monumental work is a comprehensive exploration of the legal frameworks, policies, and jurisprudence surrounding disability rights
Plaza Borinquen 88 Owner II LP v. Montalvo
No full textLandlord sought eviction of a Rent Stabilized, project-based Section 8-subsidized tenant,, citing substantial violation of HUD rules due to the tenant\u27s status as a Level Two sex offender and alleged criminal activity. The tenant contested proper service of the termination notice and notice of petition, highlighting procedural irregularities. The court determined the termination notice\u27s sufficiency and found the tenant sufficiently rebutted service, leading to a denial of the landlord\u27s motion and a win for the tenant