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The Race to Ban Race: Legal and Critical Arguments Against State Legislation to Ban Critical Race Theory in Higher Education
Get PDFAnti-critical race theory bills have garnered national attention in the K-12 context. However, many critical race theory (“CRT”) bans also impact institutions of higher education. The bills seek to prohibit the teaching of ideas that include the premise that racism and sexism are pervasive in our society. Those opposing CRT believe its tenets promote anti-white racism, cultural division, and threaten the public institution of education. Scholars and educators have criticized anti- CRT bills for their mischaracterization of the use and tenets of CRT and related theories of scholarship. This Article argues that state anti- CRT laws and policies in higher education run afoul of legal and normative principles. First, the bans conflict with basic First Amendment legal standards. Second, the bans are poor policy choices because they run contrary to the pursuit of equity and inclusion in educational environments as well as the traditional norms of higher education. Part I of the Article provides an overview of recent efforts to ban CRT and their relation to higher education. Part II presents a First Amendment legal analysis of why the bans are legally impermissible as written. Part III contends that anti-CRT legislation, in serving to perpetuate existing racial inequities in education and elsewhere, demonstrates the ongoing importance of CRT and other critical lines of scholarship in higher education
References to Beatles Songs in Advocacy and Judicial Opinions
Get PDFThis article surveys the indelible mark that the Beatles (Paul McCartney, John Lennon, George Harrison, and Ringo Starr) continue to leave on courts in the United States more than half a century after the quartet burst onto the American scene with their three television appearances on the Ed Sullivan Show in February of 1964, six years before the band’s breakup
The Filming Dilemma: The Potential Speech Cost Presented by Camera Coverage of Defamation Cases
Get PDFFor the better part of the last century, journalists have used free press and free-speech principles to advocate for camera access to newsworthy trials. But it was not until 2022 that news organizations succeeded in broadcasting defamation proceedings, and—in the process—gave libel litigants a novel opportunity to present their stories both to jurors and to the public at large. Because news organizations are themselves frequent targets of defamation lawsuits, this development may not be a categorical good for the press. The filming of defamation proceedings could provide motivated litigants with one more incentive to sue real and perceived critics, insofar as it could turn a lawsuit into a platform for publicity. This essay examines this tension for the press, situating the Johnny Depp v. Amber Heard trial and the Alex Jones damages trials within an environment where anti-press litigants increasingly weaponize libel litigation against the news organizations that cover them
Dark Clouds Looming: The Uncertain Safety of Welfare Benefits for Probationers and Parolees
Get PDFHow much is thirty dollars per month worth to the average American? For many, it is not much—it can be the cost of a streaming subscription or a ticket to a baseball game. For others, however, thirty dollars is the cost of freedom from incarceration. In January 2019, Randall Graves failed to meet the conditions of his probation, which required that he pay a monthly intervention fee of thirty dollars to the Department of Corrections instead of serving his six-year prison sentence. To some, thirty dollars may not be worth much, but to Graves, it was a metric of freedom
Permitting the Highs Without Addressing the Lows: Options for Struggling State-Legal Marijuana Businesses Barred from Bankruptcy
Get PDFAn increasing number of states are permitting marijuana sales, and an increasing number of individuals are seizing the opportunity to start businesses in an exciting new industry. Though exciting, it is also an industry with an abundance of headwinds: complicated regulatory schemes, high tax rates, and the oversupply of marijuana products as many rush into the industry has led to some firms struggling financially. This Article will summarize the law that prevents such firms from accessing the federal bankruptcy system, analyze some relevant cases pointing at potential routes to bankruptcy for unique situations, and then address state law alternatives to bankruptcy. It will argue that the states that created the environment for these firms’ existence should take steps to ensure the firm and its creditors have access to the debtor-creditor law processes that other legal firms of the state enjoy. While federal government action to permit access to bankruptcy would be a more robust protection of debtors and creditors, most states have room to improve their laws such that their bankruptcy alternatives are available to marijuana businesses