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Articles 1 - 8 of 8
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Violation Of Latino Civil Rights Resulting From Ins And Local Police's Use Of Race, Culture And Class Profiling: The Case Of The Chandler Roundup In Arizona, Mary Romero, Marwah Serag
Violation Of Latino Civil Rights Resulting From Ins And Local Police's Use Of Race, Culture And Class Profiling: The Case Of The Chandler Roundup In Arizona, Mary Romero, Marwah Serag
Cleveland State Law Review
The case of the Chandler Roundup provides a unique window into law enforcement practices including the planning, staging and procedures employed in removing undocumented immigrants from a specific urban space. We begin with an overview of the Chandler Roundup and community protests resulting from the five-day immigration raid. This section provides a general outline of the five day raid, including incidents leading up to the joint operation, official investigations conducted and lawsuits filed. The basis of the lawsuits filed was that "individuals were stopped and interrogated by the Chandler Police Department based exclusively on the fact that their physical characteristics …
(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu
(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu
Cleveland State Law Review
Illustrating the way in which conceptions of race and crime shape and are shaped by law is California's Proposition 21. Enacted in 2000, Proposition 21, also known as the Gang Violence and Juvenile Crime Prevention Act," was the product of California's direct democratic process through which voters are able to change the California Constitution through a simple majority vote. Part II address the ideological foundations of direct democracy and examines critically its ability to serve a democratic function. I examine the founders' rationale behind the decision not to employ a representative form of government, and look at direct democracy in …
Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog
Equal Protection For Homosexuals: Why The Immutability Argument Is Necessary And How It Is Met, Kari Balog
Cleveland State Law Review
The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal …
Love And Architecture: Race, Nation, And Gender Performances Inside And Outside The State, Angela P. Harris
Love And Architecture: Race, Nation, And Gender Performances Inside And Outside The State, Angela P. Harris
Cleveland State Law Review
In this essay, I will use the metaphor of "performance" to describe the complicated interplay of power and identity. Each of the essays in this Cluster, I suggest, is concerned with some facet of identity performance within the power fields of gender, race, and nation. Perry calls our attention to how skin color, though typically subsumed by "race" in legal discourse, is a resource for performing identity that in fact complicates our understanding of racial subordination. Nancy Ehrenreich and Nicholas Espiritu are concerned with how states mobilize individual and collective race and gender performances as a way of inciting and …
Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire
Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire
Journal of Law and Health
Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating the problem drug use. However, the tremendously politicized nature of the "drug war" raises substantial concerns that, in addition to those who …
Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker
Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker
Journal of Law and Health
Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …
Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia
Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia
Journal of Law and Health
The fact of the matter is that residency laws often force all registered sex offenders to pay the price for a few high-profile cases and the public's fear and beliefs regarding sex offenders is often misguided and not well-founded. Sex offender residency laws may actually increase recidivism rates while placing unjustified burdens on sex offenders and their family members. Furthermore, because these laws target stranger perpetrators, they do not prevent the majority of sex crimes committed by acquaintances or family members of the victim. This results in parents being lulled into a false sense of security that their children are …
The Legal Presumption Of Reason: Noble Truth, Useful Fiction, Ignoble Lie, Ngaire Naffine
The Legal Presumption Of Reason: Noble Truth, Useful Fiction, Ignoble Lie, Ngaire Naffine
Cleveland State Law Review
In criminal law theory and doctrine there appear to be several competing assumptions about the sort of people that we are. My task in this paper is, first, to expound and compare what I see as the three prevailing theories of our rational natures to be found in criminal law theory, doctrine and procedure. Second, I will consider the relation between these theories of our rational natures and the actual practices of the criminal courts. And third, in the course of so doing, I will consider the beneficiaries and casualties of this criminal law theory and practical justice.