Category Archives: The RightsCast

The RightsCast, Ep. 12, Pt. 2: Charlotte Garden, “Meta Rights”

I released this last week and just realized I forgot to post it on the blog. Part 2 of Charlotte Garden’s discussion of her article “Meta Rights.”

Due to the holiday this weekend, there will be no new episode of The RightsCast this week. It will return next week.

The RightsCast, Episode 12, Part 1: Charlotte Garden, “Meta Rights”

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 RightsCast, Episode 11, Part 2: Osamudia James, “White Like Me”

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, Episode 11, Part 1: Professor Osamudia James, “White Like Me”

The RightsCast is back! I’m thrilled to present Part One of an episode featuring Osamudia James (Miami Law) discussing her recent NYU Law Review article “White Like Me: The Negative Impact of the Diversity Rationale on White Identity Formation.” The article is a fascinating look at the way that the diversity rationale for affirmative action — as opposed to some other possible rationales — actually inhibits the formation of anti-racist white identity. Part Two of the episode will be available next week.

The RightsCast: Osamudia James Next Week

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.

The RightsCast, Episode 10, Part 1: Professor César García Hernández, “Naturalizing Immigration Imprisonment”

Episode 10 of The RightsCast features César García Hernández, one of my most distinguished colleagues at the University of Denver School of Law and an expert on the growing intersection of criminal and immigration law. In the episode, his discusses his article “Naturalizing Immigration Imprisonment,” which is forthcoming in the California Law Review. César is the author of many highly regarded articles about the intersection of criminal and immigration law, and also runs the crImmigration.com blog, an award-winning blog about the intersection of criminal law and immigration law that is widely read among both professors and practitioners. To keep up with recent developments, you can find César on Twitter under the handle @crimmigration.

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.

The RightsCast, Episode 9: Professor Khiara Bridges, “Class-Based Affirmative Action”

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.

The RightsCast, Episode 8: Anthony Kreis, “The History of the Freedom to Marry”

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.

New RightsCast Episode and Upcoming Schedule

I was so pleased to have the opportunity to talk with Josh Douglas (University of Kentucky) for this week’s episode of The RightsCast. Josh discusses his research relating to how courts should police state election laws. Check out the full episode here:

I’ve also lined up a fantastic slate of guests for the next several weeks of The RightsCast. The tentative schedule is as follows: Continue reading

The RightsCast, Episode 6: Andrew Ferguson, Big Data and Reasonable Suspicion

In this week’s episode of The RightsCast, I interview Professor Andrew Ferguson (UDC Law) about his article “Big Data and Predictive Reasonable Suspicion,” which is forthcoming in the University of Pennsylvania Law Review. It’s a fascinating conversation about the way that big data and emerging technology are changing the way that police interact with citizens and, as a result, Fourth Amendment doctrine. Enjoy!