This week’s episode of The RightsCast features Professor Charlotte Garden (Seattle U), a scholar of labor law and constitutional law as well as Litigation Director at the school’s Korematsu Center for Law & Equality. (I am also proud to say that I have coauthored an article with Charlotte on the potential for coalitions between civil rights and labor interests — it’s called “So Closely Intertwined: Labor and Racial Solidarity” and appeared in the George Washington Law Review in 2013.)
On The RightsCast, Charlotte discusses her article “Meta Rights,” which appeared in the Fordham Law Review and which examines when and why we’re entitled to be informed of our constitutional rights. As I’ve done with some other recent guests, I split our conversation into two parts; here is Part One:
The second part of my conversation with Osamudia James (Miami Law) about her wonderful article “White Like Me” is now available! Check it out. Great material for those who teach affirmative action in Constitutional Law I and II, or for any upper level seminar relating to race.
The RightsCast will return next week with a conversation with Osamudia James (Miami) about white identity and affirmative action.
ETA May 25, 2015: I forgot that this week is the Law & Society Association’s annual conference which a lot of law professors tend to attend (although not me this year). So in the interest once again of releasing new episodes when large segments of my colleagues are not otherwise occupied, I will postpone this episode one more week. It is excellent and so is Osamudia’s article, “White Like Me,” which is published in the NYU Law Review.
Episode 10 of The RightsCast features César García Hernández, one of my wonderful colleagues at the University of Denver School of Law and an expert on the growing intersection of criminal and immigration law. This week’s episode is Part 2 of a two-part interview with César.
Immigration-related imprisonment has become an increasingly prominent feature of both criminal and civil immigration law enforcement and understanding why this is and the consequences for the justice system and for migrants is a critical step in immigration reform. Here’s an excerpt from César’s eloquent interview:
“Is it morally justifiable to confine children? Is it morally justifiable to confine people who are mentally incapacitated? Is it even morally justifiable to confine people who have violated a law that says they need the federal government’s permission to come here when there’s no indication those individuals are a danger to society? They don’t pose a threat to you or to me or our communities. . . . The fact of the matter is that if you give people a legitimate shot at getting right with immigration law, most of them are going to take it.”
Immigration-related imprisonment has become an increasingly prominent feature of both criminal and civil immigration law enforcement and understanding why this is and the consequences for the justice system and for migrants is a critical step in immigration reform. Because of the importance of the topic and César’s incredible expertise in this area, I quickly realized that the topic required discussion in two segments rather than one, so the first part of César’s interview is available below, and I will release the second part next week as Episode 10, Part 2.
After a brief hiatus, The RightsCast is back! Listen to Professor Khiara Bridges (Boston University Law) explain why class-based affirmative action is a poor substitute for race-based affirmative action. Particularly interesting is the discussion of why class-based affirmative action suffers from the same supposed infirmities as race-based affirmative action. That is, the arguments people make against race-based affirmative action are equally true of class-based affirmative action.
I had a wonderful conversation this week with Anthony Kreis of the University of Georgia about his work on the history of the freedom to marry. His most recent article talks about the parallels and contrasts between the move toward interracial marriage legality and same-sex marriage legality. We also chatted about marriage equality before the Supreme Court and what’s next for LGBT rights — made even more pertinent by Indiana’s recent bill allowing businesses to discriminate against LGBT people.
Khaled Beydoun (Barry) has a thoughtful analysis of the controversy over reciting the Pledge of Allegiance in Arabic. He traces the reaction to Islamophobia; it’s highly recommended reading.
I interviewed Khaled for Episode 4 of The RightsCast, “Legal Construction of Arab American Identity,” during which we touched on some of the same themes relating to discrimination against Arab Americans. Watch here: