Faculty Developments & Recent Scholarship

Dean Danielle Holley-Walker

Media

Supreme Court Landmark Civil Rights Cases Landmark Cases looked at the Civil Rights Cases of 1883, in which the Supreme Court struck down the Civil Rights Act of 1875, a federal law that had granted all people access to public accommodations like trains and theaters, regardless of race. U.S. Civil Rights Commissioner Peter Kirsanow and Howard Law School Dean Danielle Holley-Walker joined us for the discussion.

https://www.c-span.org/video/?440864-1/supreme-court-landmark-civil-rights-cases

 

Associate Professor of Law Matthew Bruckner

Publications

  • Fintech Lending & the UDAAP Authority, 72 Consumer Fin. L. Quarterly Rep. __ (forthcoming 2019).
  • Letter to the Department of Education’s in response to the Department’s Request for Information regarding Evaluating Undue Hardship Claims in Adversary Actions Seeking Student Loan Discharge in Bankruptcy Proceedings (with Dalie Jimenez, Pamela Foohey, Brook Gotberg, & Chrystin Ondersma), J. of Consumer and Commercial L. 114 (2018).
  • Regulating Fintech Lending, 37 No. 6 Banking & Fin. Services Pol'y Rep. 1 (2018).
  • The Promise and Perils of Algorithmic Lenders’ Use of Big Data, 93 Chi. Kent L. Rev. 3 (2018).
  • Terminating Tenure: Rejecting Tenure Contracts in Bankruptcy, 92 Am. Bankr. L. J. 255 (2018) (solicited).
  • Higher Ed “Do Not Resuscitate Orders, 106 Ky. L.J. 222 (2018).  
  • Bankrupting Higher Education, 91 Am. Bankr. L. J. 697 (2017) (peer reviewed).
  • Additional publications available at: http://ssrn.com/author=1707390 (link is external).

Blog Posts

Examining Financial Struggles of Higher Education Sector - Episode 198

Activities

  • Organized Howard University School of Law’s 2018 untenured faculty scholarship colloquium series.

Media

  • Quoted in “High Court Ruling Questions Ch. 11 'Insider' Status Test,” Law360 (Mar. 6, 2018).

Presentations

  • Presentation, “Fintech Lending & the UDAAP Authority,” SEALS, Summer 2018 [forthcoming]
     
  • Presentation, “The Poor Man’s Basic Income Guarantee,” Organizing, Deploying, and Regulating Capital Workshop at Georgia State University School of Law, April 2018
    • Also presented at: (i) SEALS, Summer 2018 [forthcoming]; and (ii) Annual Meeting on Law and Society, Summer 2018 [forthcoming]
       
  • Symposium participant, “Giving Colleges a Fresh Start: Using the Bankruptcy Code to Retool Higher Education,” National Conference of Bankruptcy Judges, Oct. 10-12, 2017 (invited participant)
     
  • Presentation, “The Promise and Perils of Algorithmic Lenders’ Use of Big Data,” Rise of the Automatons [Savannah Law], Sept. 15, 2017
    • Also presented at: (i) #FutureLaw2.0 [Duquesne Law], Sept. 8, 2017; (ii) SEALS, Summer 2017; and (iii) University of Richmond School of Law Junior Faculty Forum, May 10-11, 2017
       

Professor of Law Lenese Herbert

Litigation

Of Counsel, In the Matter of Josphat Mutua Kimindu, Maryland Board of Nursing Order Lifting and Terminating Summary Suspension of Licensed Practical Nurse License and Certified Nursing Assistant and Medication Technician Certificates and Final Decision and Order of Reprimand of Licensed Practical Nurse License and Certified Nursing Assistant and Medication Technician Certificates, License No. LP48612, Certificate Nos. A00089671, MT0059562: significant en banc reversal of indefinite licensure and certification suspensions under Maryland Nurse Practice Act in a case involving the death of a medically-fragile group home foster child (March 22, 2016).

Service

Panelist, Final Report of the President’s Task Force on 21st Century Policing, DC City Councilmember Kenyan McDuffie’s (Ward 5) Roundtable: Technology and Social Media Pillar (Washington, DC 2015).

Scholarship

Discussant, 2015 Southeastern Association of Law Schools Annual Conference (“Keeping the Conversation Going on Intractable Problems in the US Criminal Justice System;” Boca Raton, FL 2015).

Discussant, 2015 Southeastern Association of Law Schools Annual Conference (“Eliminating Racial Disparities in the Criminal Justice System – Best Practices and New Ideas;” Boca Raton, FL 2015).

Media

Media Expert, Voice of America News, “US Justice Department to Probe Chicago Police Force,” (December 7, 2015).

Participant, Twitter Chat, 50th Anniversary of President Lyndon B. Johnson Commencement Address #LBJHU50, (June 4, 2015).


Assistant Professor of Law Darin Johnson

Publications

“Beyond Constituent Assemblies and Referenda: Assessing the Legitimacy of the Arab Spring Constitutions in Egypt and Tunisia” 50 Wake Forest Law Review 1007 (2015)

"After the Arab Spring:  Conflict Constitution-Making in Libya and Yemen"  39 University of Pennsylvania Journal of International Law (forthcoming 2017)

"How U.S. Civil Rights Leaders' Human Rights Agenda Shaped the United Nations" 1 Howard Human and Civil Rights Law Review 33 (2017)
 

Presentations

  • Drexel Law School - Langston Writing Workshop - selected presenter of work in progress on ISIS and the International Rule of Law (July 2017)
     
  • Howard University African Law Student Association Panel - invited discussant of the the impact of the Trump Administration on U.S. Foreign Policy towards Africa (February 2017)
     
  • University of Miami Law School - Langston Writing Workshop - selected presenter of a paper on constitution-making in Libya and Yemen (July 2016)
     
  • Pace Law School - NEPOC Legal Scholarship Conference - selected presenter of a work-in-progress on constitution-making in Libya and Yemen (May 2016)
     
  • Indiana University McKinney School of Law Faculty Scholar Exchange, invited presentation on “Conflict Constitution-Making in Libya and Yemen” (April 2016)
     
  • Howard Human and Civil Rights Law Review C. Clyde Ferguson Symposium, invited lecture on  “US Civil Rights Leaders’ Role in Shaping the UN Human Rights Agenda” (March 2016)  
     
  • Boston College Law School Symposium on Constitution Making – Delivered Closing Keynote on Egypt’s Constitutional Drafting Process (October 2014)  
     
  • Delivered lecture at the Armenian Bar Association's annual meeting on "Reparations and the African-American Community." (2017)
     

  • Delivered keynote lecture on "Executive Authoritarianism in International Relations" as part of Indiana University Law School’s Symposium on the Executive and International Relations, examining the evolving human rights norm of the right to a democratic vote that is respected, and the international community’s options to respond to authoritarian actions that violate this right. (2018)
     

  • Delivered lecture at the University Roi Henri Christophe in Cap-Haitien, Haiti on "A Plea for the Effective Representation of Haiti by Haitian Experts before the WTO." (2018)
     

Service

  • In May 2017, Professor Johnson was named a Senior Peace Fellow at the Public International Law and Policy Group (PILPG).  PILPG is a global pro bono law firm that provides free legal assistance to states and governments involved in peace negotiations, drafting post-conflict constitutions, and prosecuting war criminals.  As a Senior Peace Fellow, Professor Johnson will provide legal and policy advice on a wide-range of public international and rule of law matters in post-conflict and developing states.
     
  • In March and April 2017, Professor Johnson, co-authored an amicus curiae brief in federal court litigation challenging the recent Administration Executive Order banning travel to the United States from members of certain Muslim-majority countries.  The amicus brief was filed in litigation in the D.C. District Court and Fourth Circuit Court of Appeals.  In April 2017, Professor Johnson also served as a moot court judge in a Howard Law Moot Court Team oral argument about the subject Executive Order.  
     
  • Professor Johnson also serves as the Assistant Director of the LLM Program. 
     
  • In fall 2017, Professor Johnson submitted an amicus-brief to the U.S. Supreme Court, co-authored with Professor Karla McKanders, in the case challenging the first and second iterations of the Administration's so-called “Muslim Ban” for its negative impact upon academic institution’s recruitment and retention of international students, faculty and staff.  The brief was signed by dozens of professors and academic organizations, and prior iterations of the brief had been submitted in D.C. District Court and Fourth Circuit litigation involving the executive orders. 
     
  • In March 2018, in his capacity as a Senior Peace Fellow with the Public International Law and Policy Group, Professor Johnson led several sessions with human rights activists from Iraq on how they can further their human rights documentation efforts with the goal of seeking reparations and accountability for human rights abuses committed by ISIS fighters against Iraqi citizens throughout the country.
     

Professor of Law Harold McDougall

Publications

(SSRN: http://ssrn.com/author=624566)

“The Challenges of Legal Education in the Neoliberal University,” 72 National Lawyers Guild Review 65 (2015)
“The Rebellious Law Professor: Combining Cause and Reflective Lawyering,” 65 J. Legal Educ. 326 (2015).

Presentations

“Class Contradictions in the Civil Rights Movement,” paper delivered at conference, “The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America,” Duke Law School, November 21, 2015.

Speeches

“Class Contradictions in the Civil Rights Movement,” keynote address, Black American Law Students Association annual dinner, Georgetown Law Center, Washington DC, February 28, 2016

Interviews

Scholastica Spotlight blog, Becoming a “Rebellious Law Professor” with Harold McDougall, December 2015 http://blog.scholasticahq.com/post/135396403498/becoming-a-rebellious-law-professor-interview


Associate Professor of Law Mariela Olivares

Interim director of the Family Law Certificate Program

Publications

Selected author for an upcoming book chapter on the effects of the 1986 Simpson-Mazzoli Act on Latina/or immigrants in the United States (forthcoming 2017).

Intersectionality at the Intersection of Profiteering and Immigration Detention, ___ Neb. L. Rev. ____ (forthcoming 2016).

Blog post: New Efforts to Push Private Prisons Out of Immigration Detention, http://crimmigration.com/2015/10/27/new-efforts-to-push-private-prisons-out-of-immigration-detention/

Unreformed: Towards Gender Equality in Immigration Law, 18 Chapman U. L. Rev. 419 (2015).

Published publications available at: http://ssrn.com/author=1350215

Activities

Selected member of the Executive Committee of the AALS Section on Minority Groups

Co-chair of the LatCrit Faculty Development Workshop planning committee (2015).

Presentations

Panel presenter at the Law & Society Conference on The Politics of Respectability and Immigrants, June 2016.

Invited presenter at the U.S. Capital Historical Society Conference on the historical effects for Latina/o immigrants of the Simpson-Mazzoli Act, U.S. Senate, May 2016.

Invited presenter on immigration detention at the Crimmigration Law Lecture Series. University of Denver Sturm College of Law, April 2016.

Moderator of panel discussion on the evolving meaning of family. Mid-Atlantic People of Color Law Professor Conference, January 2016.

Presentation on subordinated identity and immigrant detention. LatCrit Conference, October 2015.

Moderator of panel discussion on planning the next five years of your academic career, LatCrit Faculty Development Workshop (2015).

Next Generation Issues of Sex, Gender and Law—the Social Safety Net (or Lack Thereof). Invited panelist in plenary session of AALS Workshop, June 2015.

Disruptive Intersectionality. Presentation in the Emerging Immigration Law Professors conference on work in progress article, 2015; presentation at Howard Law School faculty colloquium, 2015.


Professor of Law Josephine Ross

Publications

SSRN author page http://ssrn.com/author=338776

“What the #MeToo Campaign Teaches About Stop & Frisk,” 54 IDAHO LAW REVIEW _ (PENDING 2018).

“Warning: Stop and Frisk May Be Hazardous To Your Health,” 25 WILLIAM & MARY BILL OF RIGHTS JOURNAL 689 (2016).

“Cops on Trial: Did Fourth Amendment Case Law Help George Zimmerman’s Claim of Self-Defense?,” 40 SEATTLE UNIVERSITY LAW REVIEW 1 (2016). [Revised edition published in 44 Search & Seizure Law Report 69 (2017).]

Works-in-Progress

Contracted with Cambridge University Press to write a full-length book on a policing method known as stop & frisk. The book employs a feminist critique to argue that the Supreme Court has failed to understand the practice from the point of view of people stopped and searched. By endorsing this policing practice, the Supreme Court undercuts fundamental rights, especially the First, Fourth and Fifth Amendments to the United States Constitution.

Presentations

  • “Terry v. Ohio at Fifty” panel at the University of Idaho (April 2018).
  • “Terry at Fifty: On the Books and On the Ground” panel at the AALS Annual Meeting San Diego (January 2018).
  • “Stop-and-Frisk” panel on policing at CrimFest!, Washington DC (June 2017).
  • “Tacking Into the Wind: Incorporating Social Upheaval into Clinics and Doctrinal Teaching as the Country Becomes Increasingly Polarized,” AALS Clinical Conference, Denver (May 2017).
  • “Ending Mass Incarceration, Police Brutality, and Rebuilding Trust” panel, Congressional Black Caucus Annual Legislative Conference (September 2016).
  • “Exercising Constitutional Rights Can Be Dangerous: The U.S. Crisis in Policing,” University of Saskatchewan, Saskatoon, Canada (February 2016).

Assistant Professor of Law Valerie Schneider

Scholarship

Property Rebels: Reclaiming Abandoned Bank-Owned Homes for Community Uses, 65 Am. U. L. Rev. 399 (2015).

Testimony

Testimony for Council of the District of Columbia, Oversight Hearing Re: The D.C. Housing Authority, February 24, 2016 (prepared in collaboration with Fair Housing Clinic students).

Blog Post

The Sweetness of the Status Quo: The Court Upholds Over Forty Years of Precedent, SCOTUSblog: Texas Dept. of Housing v. The Inclusive Communities Project symposium (June 25, 2015 12:15 PM), http://www.scotusblog.com/2015/06/symposium-the-sweetness-of-the-status-quo-the-court-upholds-over-forty-years-of-precedent/.


Assistant Professor of Lawyering Skills Mark R. Strickland

Scholarship/Service

The Report of the Military Justice Review Group, Part I: 
Professor Strickland has been as a member of the Military justice Review Group since July 2014. He was a member of the Punitive Articles Team, and continues to serve among the remaining members of the MJRG addressing inquiries from senior military and civilian leaders about the Group’s military justice reform proposal. Lieutenant Colonel Strickland, a retired Air Force Judge Advocate, was the only full-time law professor selected to serve in the Group. He researched, analyzed, drafted and reviewed recommendations for change the Uniform Code of Military Justice (UCMJ).

On December 28, 2015, the Department of Defense forwarded to Congress a legislative proposal to reform the UCMJ, the statutory framework for the military justice system. This proposal is the result of the first comprehensive review of military justice in 30 years.

More information about the Group can be found at http://www.dod.mil/dodgc/mjrg.html