Faculty Developments & Recent Scholarship

Sha-Shana N.L. Crichton​
 

Howard Law Professor’s Article Quoted

Howard University School of Law Assistant Professor of Lawyering Skills and Director of the Legal Writing Program Sha-Shana N.L. Crichton’s articleJustice Delayed is Justice Denied: Jamaica’s Duty to Deliver Timely Reserved Judgments and Written Reasons for Judgment, 44 Syracuse J. Int’l L. & Com. 1 (2016) has recently been quoted in the following places:

  • A speech by the Hon. Mr. Justice Denys Barrow, Judge of the Caribbean Court of Justice. Judgment Delayed is Justice Denied, Caribbean Court of Justice (Oct. 2017). READ MORE.
  • Swikani Ncube’s Where is Full Judgment on 2018 Electoral Case?,Zimbabwe Independent (Sept. 20, 2019). READ MORE.

Read Prof. Crichton’s bio

Dean Danielle Holley

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 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

Selected Publications and Works-in-Progress

  • Who’s Down with OCC(‘s definition of “banks”)?  (work in progress).
     
  • Debtor-Creditor Issues with Basic Income Guarantees  (work in progress).
     
  • Artificial Intelligence and Machine Learning: The Opportunities and Challenges of Using Big Data (forthcoming 2021) (Oxford University Press - book chapter).
     
  • The Forgotten Stewards of Higher Education Quality 11 U.C. Irvine L. Rev. 1 (2020).
     
  • Special Purpose Municipal Entities and Bankruptcy: The Case of Public Colleges, 36 Emory Bankr. Developments J. 341 (2020).
     
  • A No-Contest Discharge for Uncollectable Student Loans, 91 U. Colorado L. Rev. 183 (2020) (with Brook Gotberg, Dalie Jimenez, & Chrystin Ondersma).
     
  • Preventing Predation & Encouraging Innovation in Fintech Lending, 72 Consumer Fin. L. Q. Rep. 370 (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), reprinted in 21 J. of Consumer and Commercial L. 114 (2018).
     
  • Regulating Fintech Lending, 37 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).
     

Selected Presentations

  • Moderator and Discussant, Fintech Innovations Discussion Group, American Association of Law Schools, 2020 Annual Meeting.
     
  • Discussant, Regulatory Abdication & Student Loans, American Association of Law Schools, 2020 Annual Meeting.
     
  • Panelist, The Fate of Higher Education, The Association of Insolvency and Restructuring Advisors, May 2019 (invited panelist)
     
  • Discussant, Research Roundtable on the Future of Financial Regulation, Scalia Law School, Mar. 2019 (invited panelist)
     
  • Presentation, “The Insolvency of Chartered Fintech Lenders,” #FutureLaw3.0 [Duquesne Law], Nov. 2018
    • Also presented at (i) Governance of Emerging Technologies & Science [Arizona State University], May 2019; and (ii) Annual Meeting on Law and Society, May 2019
  • Presentation, “Bankrupt Public Colleges,” SEALS, Aug. 2018
    • Also presented at the American Association of Law Schools, Section on Nonprofits and Philanthropy Law, Jan. 2019; and (ii) Widener U. Commonwealth Law School Faculty colloquium, Apr. 2019
    • Interview with Professor Brian L. Frye on Ipse DixitPublic College Bankruptcies (2018), (episode 68).
  • Presentation, “Preventing Predation & Encouraging Innovation in Fintech Lending,” SEALS, Aug. 2018
    • Also presented at the Howard University School of Law junior faculty workshop, July 2018
  • Presentation, “The Poor Man’s Basic Income Guarantee,” Organizing, Deploying, and Regulating Capital Workshop at Georgia State University School of Law, Apr. 2018
    • Also presented at: (i) SEALS, Aug. 2018; and (ii) Annual Meeting on Law and Society, June 2018 
  • Panelist, Giving Colleges a Fresh Start: Using the Bankruptcy Code to Retool Higher Education, National Conference of Bankruptcy Judges, Oct. 2017 (invited participant)
     
  • Presentation, “The Promise and Perils of Algorithmic Lenders’ Use of Big Data,” Rise of the Automatons [Savannah Law], Sept. 2017
    • Also presented at: (i) #FutureLaw2.0 [Duquesne Law], Sept. 2017; (ii) SEALS, Aug. 2017; and (iii) University of Richmond School of Law Junior Faculty Forum, May, 2017
  • Faculty Colloquium, “Higher Ed ‘Do Not Resuscitate’ Orders,” University of Kentucky College of Law, March 2017
    • Also presented at: (i) Howard University School of Law, Feb. 2017; (ii) Sharing Scholars, Building Teachers [Albany Law], Feb. 2017; (iii) Brooklyn Law School, Young Bankruptcy Scholars' Work-in-Progress Workshop, Nov., 2016; and (iv) Howard University School of Law, junior faculty forum, June 2016
    • Interview with Professor Drew Dawson on the ABI PodcastExamining Financial Struggles of Higher Education Sector (2017),(episode 198).

Service​

  • American Association of Law Schools, Jan. 2019 – present

    • Chair, Commercial and Related Consumer Law Section
    • Chair-elect, Commercial and Related Consumer Law Section
  • Tzedek DC, Washington, DC

    • Member, Advisory Council, May 2019 - present
    • Co-chair, Emerging Leaders Committee, Feb. 2018 – Dec. 2019
    • Member, Emerging Leaders Committee, Sept. 2017 – Feb. 2018
  • Howard University School of Law, Washington DC                     

    • Chair, Faculty Scholarship Committee, Aug. 2018 – present
    • Committee member, Clerkships, Aug. 2014 – present
    • Committee member, Faculty Scholarship, Aug. 2014 – Aug. 2018
    • Committee member, Bar Passage, Aug. 2014 – May 2015
       
  • Howard University Program Prioritization Task Force
    • Member, Mar. 2017 – May 2019
       
  • Black Law Students Association, Howard University School of Law 
    • Faculty advisor, Aug. 2016 – May 2018

Professor of Law Lenese Herbert

Publications

Lenese Herbert, In Unanimous Fourth Amendment Ruling, a Reminder That There Is, In Fact, No Place Like Home, SCOTUSblog (May. 18, 2021, 8:15 PM), https://www.scotusblog.com/2021/05/in-unanimous-fourth-amendment-ruling-a-reminder-that-there-is-in-fact-no-place-like-home/

Taslitz, Herbert, and Jones, Constitutional Criminal Procedure (6th ed. Foundation Press/West Publications 2021), 
http://constitutionalcriminalprocedure.com/

Lenese Herbert, “Possible Cause”: Court Seems Poised to Allow Warrantless Community Caretaking Entries into the Home, SCOTUSblog (Mar. 28, 2021, 5:56 PM),
https://www.scotusblog.com/2021/03/possible-cause-court-seems-poised-to-allow-warrantless-community-caretaking-entries-into-the-home/

Lenese Herbert, There’s No Place Like Home?, SCOTUSblog (Mar. 22, 2021, 3:14 PM),
https://www.scotusblog.com/2021/03/theres-no-place-like-home/

Activities & Presentations:

Consultant, Galsworthy Fellowship Colloquium, The King’s College (New York, NY 2019).

Facilitator, “When They See Us: Reflections and Advice by a Former Sex Offense AUSA on Ava DuVernay’s Exposition of The Central Park Five” (U.S. Attorney’s Office, Washington, DC  2019).

Reader, “A Reading of the Mueller Report, Volume II,” (Arena Stage, Washington, DC 2019).

Panelist, American Constitution Society 2018 Supreme Court Review, located at https://www.c-span.org/video/?c4738040/professor-herbert-carpenter-caseand https://www.c-span.org/video/?447684-1/legal-experts-discuss-major-supreme-court-decisions-2017(The National Press Club, Washington, DC 2018).

Panelist, Thurgood Marshall: 50thAnniversary Event (“Marshall on the Supreme Court,” (University of Baltimore School of Law, Baltimore, MD 2017).

Panelist, “The Power to Promote Progress:  Opportunities and Limits to Prosecutors Seeking Reform Trump Justice”, The American Constitution Society for Law and Policy and the National Bar Association (Washington, DC 2017).

Media Appearances
AP News, "Charged in Jan. 6 Riot? Yes, but Prison May Be Another Story," (May 2021).

PBS NewsHour3 Things That Led to Chauvin’s Conviction, and What Experts Say Is Needed for More Police Accountability,” (April 2021). 

NPR/WBUR, "Breonna Taylor: Further Questions about No-Knock Warrants" (Sept. 2020).

BBC News, “The Racially Charged History of 911 Calls” (May 2020).

Brut.Media America, “Living While Black: What the Central Park Incident Reveals” (May 2020).

Newsy, "Former Officer Charged With Second Degree Murder"  (June 2020).

16 Current Affair Magazine, “The Significance of J20”(Jan. 2019).

BBC News, “What Americans Get Wrong About 911,” (Aug. 2018).

C-SPAN, American Constitution Society 2018 Supreme Court Review, located at https://www.c-span.org/video/?c4738040/professor-herbert-carpenter-caseand https://www.c-span.org/video/?447684-1/legal-experts-discuss-major-supreme-court-decisions-2017(The National Press Club, Washington, DC 2018).

Office of Public Affairs, United States Courts,"Notable Moments In History: Remembering Thurgood Marshall(February 2017).

The Washington Post, “Implicit Bias Training Seeks to Counter Hidden Prejudice in Law Enforcement” (August 2016).

Assistant Professor of Law Darin Johnson

Publications

“Homegrown and Global: The New Terror Movement,” 58 Houston Law Review (forthcoming 2021)

“Revolution, Peace and Justice in Sudan” 43 University of Pennsylvania Journal of International Law (forthcoming 2022)

 

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

Professor McDougall has published twenty-five law review articles during his academic career, six in the last five years. Here is a list of his most recent publications:

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

‎The CAP·impact Podcast: Episode 59: The 2020 Election, The Courts, And Unions For All with Prof. Harold McDougall on Apple Podcasts
https://podcasts.apple.com/us/podcast/episode-59-2020-election-courts-unions-for-all-prof/id1367739109?i=1000466891581 

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