Steven L. Nelson & Ericka Love

Volume 28.2 (download PDF)

Abstract

This Article leverages Cheryl Harris’s Whiteness as Property to better understand the state takeover of public schools in Houston, Texas. In doing so, the Article recounts the history of state takeovers of public schools and districts before highlighting how whiteness as property has been applied in research in the field of education. The Article shares the specific facts about the state takeover of public schools in the Houston Independent School District ahead of applying the four rights inherent in Harris’s Whiteness as Property. This Article argues and exhibits that whiteness as property is an appropriate framework by which to evaluate the state takeover of public schools and districts, especially the takeover of Houston Independent School District.

David A. Weinstein

Volume 28.1 (download PDF)

Abstract

In 1883, in People ex rel. King v. Gallagher, the New York Court of Appeals affirmed the dismissal of a lawsuit brought on behalf of an eleven-year-old African American girl who sought admission into her neighborhood public school in Brooklyn and thereby challenged the legal segregation regime governing New York’s public education system. The case, largely forgotten today, had a profound impact on subsequent legal efforts at school desegregation. This article examines the development of African American legal rights to public education in New York State in the nineteenth century and early efforts to challenge the exclusion of Black students from public schools. It describes the King litigation and its place in the development of civil rights law, focusing on its role in entrenching the “separate but equal” doctrine.

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Sígrid Vendrell-Polanco

Volume 28.1 (download PDF)

Abstract

The United States purports to maintain a democratic relationship with its inhabited territories, yet the Supreme Court continues to uphold twentieth century laws that affirm rather than abrogate colonial policies. The gap between how the United States idealizes democracy and its real world application, especially in its five colonized territories (Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa), is not just growing – it is becoming a chasm. These colonies are currently referred to as United States territories. In 2023, the U.S. territory of Puerto Rico experienced a controversial sovereignty challenge surrounding the Supreme Court’s ruling in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. In 2023, the Puerto Rican people expressed national outrage at the implementation and supervision of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”) congressional statute due to its exclusion of Puerto Rican constituents from equal collaboration in debt crisis resolution and pronounced refusal of government transparency. This article contributes to the scholarly literature on United States territorial law by condemning the oppressive application of federal laws to the territories and contends that the Court has cut off any viable remedy for Puerto Rico to redress governance grievances. The Court continues to affirm colonial rule without a viable remedy for self-governance.

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Eric Lukoff

Volume 28.1 (download PDF)

Abstract

Due process in safety net public benefit programs requires agencies to employ modern technology in providing notice that is reasonably likely to reach participants. The Supreme Court has held that due process is dependent on the time, place, and circumstances in which it operates. Scholars have further argued that due process is adaptable to changing facts and circumstances over time. Yet, mailed paper notices remain the standard in providing notice to participants in public benefit programs.

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Rebecca B. Stein

Volume 28.1 (download PDF)

Abstract

The Pregnant Workers Fairness Act (“PWFA”) establishes the first federal standard to protect pregnant workers by explicitly granting them the right to reasonable workplace accommodations. Historically, pregnant workers have faced challenges in receiving the necessary accommodations due to limited legal protections, often forcing them to choose between income and health. Previous legislation, such as the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act, provided insufficient protection.

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