MIDWEST BLACK LAW STUDENTS ASSOCIATION
 LAW JOURNAL

Volume 1    Number 1    March 2008


CONTENTS

Foreword - The Honorable Damon J. Keith

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Foreword.pdf Damon J. Keith was born in Detroit, Michigan, and has served as a United States Court of Appeals Judge for the Sixth Circuit since 1977. Prior to his appointment to the Court of Appeals, Judge Keith served as Chief Judge of the United States District Court for the Eastern District of Michigan. Judge Keith is a graduate of West Virginia State College (B.A. 1943), Howard University Law School (J.D. 1949), where he was elected Chief Justice of the Court of Peers, and Wayne State University Law School (LL.M. 1956).

ESSAYS

Race, Diversity, and Opportunity: Opening The Pipeline - Angela M. Laughin

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Pipeline.pdfAbstract: This essay outlines a pipeline program designed to increase minority interest and enrollment in graduate school programs, which was implemented at Texas Tech University School of Law. The goal of this essay is to share my experiences with the program and to encourage other schools to adopt similar programs. The practice exercises included in this essay were successful in creating interest in the legal profession among the high school students involved in the program. These exercises also introduce the students to legal concepts and give the students an opportunity to see first-hand the training of lawyers. The last section of this essay discusses future goals and other necessary programs required to achieve the ultimate goal of increasing the number of minorities in both higher education and the legal profession

Human Rights Issues of Migrant Workers in GCC Countries - Charles Nellari

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Human Rights Issues.pdfAbstract: To the disappointment of advocates of international human rights; nations around the world have diluted alien rights to a far inferior level as compared to the nation’s own citizens. As a moral concern, nations must consider the standard of treatment to extend to migrant workers who substantially contribute to the nation’s economic growth. Many countries have become signatory to international conventions and have made credible legal reforms to guarantee fair and decent treatment of migrant workers. In contrast, oil rich countries of the Gulf Cooperation Council (GCC) have a continuous record of systemic abuse and exploitation of migrant workers. This essay will discuss these conditions, as it is important for the international community to know about the inhuman treatment of migrant workers in the Gulf region. A closer look at the issue presents a larger dimension of human rights violations with the tacit approval of the administrations. Only international pressure can bring change to the existing conditions.

NOTES

Religious Discrimination in the Workplace: The Persistent Polarized Struggle - Robert J. Friedman

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Religion and Employment.pdfAbstract: Consider the story of Harry Fischel, fired from his job in the 19th Century for not compromising his religious practice when it came into conflict with his professional responsibilities. . .Fast forward two centuries to the 21st and consider Henry Asher, terminated as well, under strikingly similar circumstances. Has anything changed? This piece examines the effectiveness of current religious protection laws in the United States workplace. Toward this end, the author presents a framework through which to understand Title VII, its history and its purposes. The author then identifies a perplexing disproportion problem by which certain classes of citizens are disproportionally favored over others under the current state of the law. This disproportion problem is a self-perpetuating one in that those groups negatively impacted are those least equipped to rectify their situation through political means. Culminating with a survey of academic treatment of the topic, as well as a hopeful eye toward the future, this piece presents important observations affecting millions of Americans each day, particularly those in low-income professions and classes.

The Effects of Brownfield Policy and Development: Disparate Impacts and The Midwest - David C. Hill

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Midwest Brownfields.pdfAbstract: The current framework of many brownfield programs increases the likelihood of discrimination in urban areas across the United States. This note analyzes the racial and economic impacts of brownfield policy and suggests that the current system does not adequately protect against discrimination within classes of low income, minority populations. In the early 1990s, the EPA and federal government identified the risk of discrimination and accordingly refined their approach to brownfield redevelopment. Nonetheless, the implementation of many current brownfield programs is still flawed. Comparing policies among several Midwestern cities has shown that proper brownfield methodology can achieve both nondiscriminatory economic development and environmental renewal within communities. Mainly, a successful brownfield redevelopment program should include community-wide involvement, legislative clarity, and uniformity among regulators.

Foreign Trademarks: Resolving a “Well-Known” Conflict - Marc Morgan

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Resolving Conflicts .pdfAbstract: The well-known marks doctrine, born out of Article 6bis of the Paris Convention for the Protection of Industrial Property, protects unregistered foreign well-known trademarks. In the United States, currently there is a ‘well-known conflict’. At the center of the conflict is the issue of whether U.S. federal law recognizes the well-known marks doctrine. Currently, the Ninth Circuit Court of Appeals recognizes the well-known marks doctrine while the Second Circuit Court of Appeals does not. There are many policy considerations support protecting foreign well-known marks. This note discusses why the Supreme Court should intervene to resolve this conflict, as well-known foreign marks are protected by federal law through Section 44 of the Lanham Act