THE 22ND MID-ATLANTIC PEOPLE OF COLOR LEGAL SCHOLARSHIP CONFERENCEJanuary 27-28, 2017

Hosted and sponsored by the George Washington University Law School, Washington, D.C.

LEGAL AND POLITICAL CHANGE DURING THE OBAMA ERA

2 | Legal and Political Change During the Obama Era

January 27, 2017

Dear Friends:

On behalf of the faculty of the George Washington University Law School, I am delighted to welcome you to our nation’s capital for the 22nd Mid-Atlantic People of Color Legal Scholarship Conference.

We are honored to host this year’s conference, and I am especially thrilled to welcome so many longtime, dear friends and colleagues to our law school for this important gathering. Many thanks go to our conference Co-Chairs, Professors of Law Odeana R. Neal (University of Baltimore School of Law) and Kim Forde-Mazrui (University of Virginia School of Law), Site Chair Associate Dean Alfreda Robinson, the entire organizing committee, and Felecia Brown and the other GW Law staff who helped planned this outstanding event.

The MAPOC Conference is a significant annual event for American law schools, spurring critical contributions to intellectual thought, national public debate, and the development of the law. Moreover, the conference provides vital opportunities to share ideas for scholarly projects, present works-in-progress, mentor junior law faculty members, and discuss critical and timely topics, while providing time for informal engagement and fellowship. 

This year, MAPOC organizers have produced a timely, bold, and outstanding program in terms of both content and participants. The next two days will be both powerful and provocative, as, together, we reflect on Legal and Political Change During the Obama Era and advance the conversation on the 44th President of the United States. Law professors from around the United States and across the Atlantic have gathered on our campus to address topics of interest ranging from Black Lives Matter and other civil rights issues to Brexit and the implications of election 2016.  

Welcome friends, new and old, and best wishes for a successful and valuable meeting.

Sincerely,

Blake D. Morant Dean and Robert Kramer Research Professor of Law The George Washington University Law School

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Thursday, January 26, 2017

6:30 p.m. Informal Dinner for Early ArrivalsFor location, see EventBrite Registration Website at https://www.eventbrite.com/e/legal-and-political-change-during-the-obama-era-tickets-29227157214

Friday, January 27, 2017

8:30 a.m. Registration and Continental BreakfastKelly Lounge, Lerner Hall, First Floor

9 a.m. Opening Remarks and Dean’s IntroductionJacob Burns Moot Court Room, Lerner Hall, L101Alfreda Robinson, Associate Dean for Trial Advocacy and MAPOC Site Chair, GW LawBlake D. Morant, Dean and Robert Kramer Research Professor of Law, GW Law

9:15 a.m. Plenary I: Black Lives MatterJacob Burns Moot Court Room, Lerner Hall, L101MODERATOR: Alfreda Robinson, Associate Dean for Trial Advocacy and MAPOC Site Chair, GW Law

Reflections After a Trending Hashtag: A Media-Driven Revolution PANELIST: Martese Johnson, Speaker and Activist

The Color of Law: Exploring Police Brutality in “Post-Racial” AmericaPANELIST: Daniel P. Watkins, Civil Rights Attorney, Clare Locke

Post-Ferguson, Still Powerless Against Police BrutalityPANELIST: Tamara F. Lawson, St. Thomas University School of Law

Standing Against Police Misconduct: Institutional Reform Litigation, Federal Courts, and Article IIIPANELIST: Darren Hutchinson, University of Florida Levin College of Law

10:45 a.m. Break

4 | Legal and Political Change During the Obama Era

11 a.m. Concurrent Works in Progress I Dreamers Deferred: The Broken Promise of Immigration Reform in the Obama YearsLaw Learning Center, LLC013Kristina M. Campbell, University of the District of Columbia School of LawCOMMENTATOR: Ezra Rosser, American University Washington College of Law

Sexual Assault Expected: Developing Theories of “Collective Entity” Responsibility for Gender-Based Violence in TortLaw Learning Center, LLC014Nancy Chi Cantalupo, Barry University School of LawCOMMENTATOR: Tamara F. Lawson, St. Thomas University School of Law

Batson for Judges, Police, and Teachers: Lessons in Democracy from the Jury BoxLisner Hall, LIS102Stacy L. Hawkins, Rutgers University Law SchoolCOMMENTATOR: Roger A. Fairfax, Jr., GW Law

Policing the Police: The Potential of Public Law InjunctionsLaw Learning Center, LLC015Sunita Patel, American University Washington College of LawCOMMENTATOR: Henry Chambers, University of Richmond School of Law

On Social Impact Bond as Social Justice: The Promises and Perils of Privatizing Public GoodE Building, E312Etienne C. Toussaint, GW LawCOMMENTATOR: Brenda Smith, American University Washington College of Law

Noon Break

12:15 p.m. Lunch and Roundtable Globalization: A Trans-Atlantic Conversation Tasher Great Room, Burns Library, First Floor

Exploring “Greatness” in the 21st CenturyMODERATOR: Dean Blake D. Morant, GW LawPANELISTS: Kwame Akuffo, University of West London

Iyiola Solanke, University of Leeds

1:45 p.m. Break

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2 p.m. Concurrent Works in Progress IIElectronic Surveillance and the Undermining of Juvenile JusticeLaw Learning Center, LLC013Chaz P. Arnett, University of Pittsburgh School of LawCOMMENTATOR: Darren Hutchinson, University of Florida Levin College of Law

Narrative of Litigious Freed WomanLisner Hall, LIS102Amber Baylor, Widener University Delaware Law SchoolCOMMENTATOR: Erika K. Wilson, University of North Carolina School of Law

Acting MuslimLaw Learning Center, LLC015Khaled A. Beydoun, University of Detroit Mercy Law SchoolCOMMENTATOR: Atiba Ellis, West Virginia University College of Law

Secured Credit and Consumer Data in the Age of the Internet of ThingsLaw Learning Center, LLC014Stacy-Ann Elvy, New York Law SchoolCOMMENTATOR: Heather Hughes, American University Washington College of Law

3 p.m. Break

3:15 p.m. Plenary II: Did Obama’s America Include the Poor?: Health, Education, and HousingJacob Burns Moot Court Room, Lerner Hall, L101MODERATOR: Tamara F. Lawson, St. Thomas University School of Law

Mixed Income Housing as Racial Integration StrategyPANELIST: Audrey McFarlane, University of Baltimore School of Law

Race Relations and Policy Progress (Vel Non) in the Age of ObamaPANELIST: Sheryll D. Cashin, Georgetown University Law Center

Blurred Lines: The Privatization of Public Education in the Era of ObamaPANELIST: Erika K. Wilson, University of North Carolina School of Law

Opportunity and Obstructionism: The Uneven Expansion of Access to Health Care, 2009–17PANELIST: David Super, Georgetown University Law Center

4:45 p.m. MAPOC Business MeetingJacob Burns Moot Court Room, Lerner Hall, L101

6:30 p.m. DinnerTasher Great Room, Burns Library, First Floor

6 | Legal and Political Change During the Obama Era

Saturday, January 28, 2017

8:30 a.m. Registration and Continental BreakfastKelly Lounge, Lerner Hall, First Floor

9 a.m. Plenary III: Constitutional and Civil Rights Law DevelopmentsJacob Burns Moot Court Room, Lerner Hall, L101MODERATOR: Lawrence Blackmon, LLM Candidate, Class of 2017, Litigation and Dispute Resolution

Program, GW Law

Affirmative Action and Diversity – Past, Present, and FuturePANELIST: Vinay Harpalani, Savannah Law School

Civil Rights and the Environment: The Obama Administration’s Stealth Steps Towards Protecting Public Health in Communities of ColorPANELISTS: Stephanie Toti, Senior Counsel, Center for Reproductive Rights Dayna Bowen Matthew, University of Colorado Law School

10:30 a.m. Break

10:45 a.m. Concurrent Works in Progress III Integrating by Design: Texas Department of Housing v. Inclusive Communities and Community DevelopmentLerner Hall, L202Kristen Barnes, University of Akron School of LawCOMMENTATOR: Amanda Compton, Charleston School of Law

Increasing Equity in Private Child Custody LitigationE Building, E412Dale Margolin Cecka, University of Richmond School of LawCOMMENTATOR: Llezlie Green Coleman, American University Washington College of Law

Entrepreneurship, Regulation Crowdfunding, and the Racial Wealth GapE Building, E312Lynnise E. Pantin, Boston College Law SchoolCOMMENTATOR: Jaime Lee, University of Baltimore School of Law

The Battle of Fisher Is Over, But the War on Race-Conscious Admissions ContinuesLerner Hall, L302Shakira D. Pleasant, Savannah Law SchoolCOMMENTATOR: Reginald Robinson, Howard University School of Law

11:45 a.m. Break

Noon Faculty Award Lunch and Keynote AddressFaculty Conference Center, Burns Library, Fifth Floor

Presentation of the Taunya Banks/Phoebe Haddon Junior Faculty AwardPresentation of the Franklin D. Cleckley Faculty Award

The Obama Administration and People of ColorKEYNOTE SPEAKER: Spencer A. Overton, GW Law; Joint Center for Political and Economic Studies

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1:30 p.m. Break

1:45 p.m. Concurrent Works in Progress IVDiversity, Academic Freedom, and Race-Conscious “Safe” Spaces on CampusLerner Hall, L202Vinay Harpalani, Savannah Law SchoolCOMMENTATOR: Stacy L. Hawkins, Rutgers University Law School

Accommodating Bias in the Sharing EconomyE Building, E412Norrinda Brown Hayat, University of the District of Columbia School of LawCOMMENTATOR: Jaime Lee, University of Baltimore School of Law

Dismantling Racial Disproportionality in the Child Welfare System Through Mandatory Cultural Awareness Training of Attorneys who Represent ParentsLerner Hall, L301Stephanie Smith Ledesma, Thurgood Marshall School of LawCOMMENTATOR: Dayna Bowen Matthew, University of Colorado Law School

Crime-Free Rental Housing Ordinances and the Growing Eviction Threat for Private-Market TenantsE Building, E312Katy Ramsey, GW LawCOMMENTATOR: Audrey McFarlane, University of Baltimore School of Law

Race and Texas in 21st Century AmericaLerner Hall, L302Andre L. Smith, Howard University School of LawCOMMENTATOR: Will Rhee, West Virginia University College of Law

2:45 p.m. Break

3 - 4:30 p.m. Plenary IV: Election 2016: Revelations and ResponsesJacob Burns Moot Court Room, Lerner Hall, L101MODERATOR: Gonzalo M. Ventura III, LLM Candidate, Class of 2017, Litigation and Dispute Resolution

Program, GW Law

A Search for Unity: Activism After the ElectionPANELIST: Attiya Latif, Student Activist, Minority Rights Coalition, University of Virginia

Voter Fraud as Nemesis: Fragility, Distortion, and the 2016 ElectionPANELIST: Atiba Ellis, West Virginia University Law School

Looking For HopePANELISTS: Gilda Daniels, University of Baltimore School of Law Robert C. White, Jr., Councilmember At-Large, Council of the District of Columbia

4:30 p.m. Last WordJacob Burns Moot Court Room, Lerner Hall, L101Taunya Lovell Banks, University of Maryland Carey School of Law

8 | Legal and Political Change During the Obama Era

KEYNOTE SPEAKERSpencer A. Overton

Spencer A. Overton is the President of the Joint Center for Political and Economic Studies and Professor of Law at the George Washington University Law School. He specializes in voting rights and campaign finance, and he is the Director of the Political Law Studies Initiative at the law school. His academic articles on election law have appeared in leading law journals, including Texas Law Review, University of Pennsylvania Law Review, and Michigan Law Review. Professor Overton’s book Stealing Democracy: The New Politics of Voter Suppression was published by W.W. Norton.

Professor Overton served in the Obama campaign, transition, and administration (2007–2010). During that time, he was a key leader on the administration’s landmark efforts to curb special interests, enhance transparency, and increase citizen participation. From 2007 to 2008, he was Chair of Government Reform Policy for the Obama presidential campaign. On the Obama transition team, he served in the Office of the General Counsel and helped write the administration’s ethics guidelines. He also chaired the Election Assistance Commission Agency Review Team and served as a member of the Federal Election Commission Agency Review Team.

At the beginning of the Obama administration, Professor Overton took leave from GW Law and was appointed the Principal Deputy Assistant Attorney General at the U.S. Department of Justice in the Office of Legal Policy. In that position, he partnered with White House officials to lead the administration’s policy efforts on democracy issues. He played a key leadership role in conceptualizing and/or implementing policies related to the Military and Overseas Voter Empowerment Act, the National Voter Registration Act, the Voting Rights Act, and the administration’s response to the U.S. Supreme Court’s decision to allow unlimited corporate spending in federal elections.

Before joining the GW Law faculty, Professor Overton was a member of the law faculty of the University of California, Davis and served as the Charles Hamilton Houston Fellow at Harvard. Before entering academia, he practiced law at Debevoise & Plimpton in Washington, D.C., where he worked on several widely noted cases, including investigations by Congress and the Justice Department into fundraising techniques employed by the Democratic National Committee. Professor Overton also served as a law clerk to Judge Damon J. Keith of the U.S. Court of Appeals for the Sixth Circuit.

Professor Overton has served as a commissioner on the Jimmy Carter-James Baker Commission on Federal Election Reform and on the Commission on Presidential Nomination Timing and Scheduling. He also has served as a board member of several organizations, including Common Cause, Demos, The Center for Responsive Politics, and the American Constitution Society. His commentaries have appeared in the Washington Post, Roll Call, Boston Globe, and Los Angeles Times, among others, and he has made numerous appearances on national and local radio and television outlets to discuss election law issues.

He is a graduate with honors from both Hampton University and Harvard Law School.