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Blackness as State Property: Valuing Critical Race Theory
In: 57 Harv. C.R.-C.L. L. Rev 577 (2022)
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How to Get Away with Murder: When a White Male Police Officer Kills a Young Black Person
In: 79 Wash. & Lee L. Rev. Online 1 (2022)
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A Plea for Affirmative Action
In: Harvard Law Review Forum (;Forthcoming 2023);
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Game of Thrones: Liberty & Eminent Domain
This Article analyzes the relationship between private property and the government's power to expropriate it. When it comes to protecting private property from governmental expropriation, our Constitution is conflicted. On the one hand, the right to private property is a foundational principle that defines the American spirit, our history, and our culture. Yet, on the other hand, the Founders adopted the government's superior authority over private property, that is, eminent domain, for public purpose and with just compensation, via the Takings Clause of the Fifth Amendment. This "private property conundrum" requires us to explore the limits of eminent domain relative to a person's private property right in themselves, that is, their "persona." This Article advances the thesis that every person in America possesses a right to the attributes of themselves or "persona," which is protected against governmental exploitation. It develops that seminal, normative thesis through three tasks: (1) it presents a contemporary conflict between the private property rights of National Collegiate Athletic Association ("NCAA") athletes and state governments that operate NCAA schools; (2) it argues that eminent domain and the Takings Clause of the Fifth Amendment should not apply to persona rights, particularly name, image, and likeness ("NIL"); and (3) it proposes a model code solution that society, policymakers, and government should adopt to prohibit the use of eminent domain to exploit NIL and other attributes of persona. Consequently, this Article concludes that States that operate NCAA member schools have wrongfully taken, and continue to wrongfully take, student athletes' right to their persona.
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Black Lives Matter: Banning Police Lynchings
In: 48 Hastings Const. L.Q. 3 (2020)
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Working paper
Weeding Out Injustice: Amnesty for Pot Offenders
In: 47 Hastings Const. L.Q. 367 (2020)
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Involuntary Heroes: Hurricane Katrina's Impact on Civil Liberties
In: Involuntary Heroes: Hurricane Katrina's Impact on Civil Liberties (Carolina Academic Press 2015)
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Empathic Dialogue: From Formalism to Value Principles
In: 65 Southern Methodist University Law Review 845 (2012)
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Obama's Moral Capitalism: Resuscitating the American Dream
In: University of Miami Law Review, Band 63, Heft 1011
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Unconscious Classism: Entity Equality for Sole Proprietors
In: University of Pennsylvania Journal of Constitutional Law, Band 11, Heft 2
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Blackness as Property: Sex, Race, Status, and Wealth
In: Stanford Journal of Civil Rights and Civil Liberties, Band I, Heft 51
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The Supreme Court's 'New' Federalism: An Anti-Rights Agenda?
In: Georgia State University Law Review, Band 16, Heft 3, S. 517
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All that Glitters is Not Gold: A Congressionally-Driven Global Environmental Policy
In: Georgetown International Environmental Law Review (GIELR), Band 11, Heft 499
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