Open Access. Powered by Scholars. Published by Universities.®

Law

PDF

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 338

Full-Text Articles in African American Studies

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson May 2024

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson

Honors College Theses

Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …


Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez Jan 2024

Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez

Journal of Critical Race and Ethnic Studies

No abstract provided.


Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol Jan 2024

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

Journal of Critical Race and Ethnic Studies

No abstract provided.


Housing Equity In Golden Gate Village, Nicole White Jan 2024

Housing Equity In Golden Gate Village, Nicole White

Social Justice | Senior Theses

For generations, the African American community has faced many forms of housing discrimination that have created major inequalities in their everyday lived experiences (Lockwood, 2020). This study explores the long-lasting effects of discriminatory housing policies in creating disparate housing conditions within the public housing community in Marin City called Golden Gate Village, as well as the role of the Marin Housing Authority in practices of displacement and neglect. The methodology for the study included seven different interviews with Golden Gate Village residents to obtain knowledge about the community as well as grasp an understanding of the lived experiences of the …


Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters Jan 2024

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …


Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs Aug 2023

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.


Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson Jun 2023

Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson

Faculty Works

This Essay is the first to explain how and why Ella P. Stewart, who was among the first Black women to earn a doctoral degree in Pharmacy, used her status as a small business owner to protect the limited set of legal rights that were available to African-Americans in the twentieth century. It also describes how Stewart’s early personal and professional experiences informed her subsequent public service career. Additionally, this Essay highlights the various ways that Stewart expanded the real freedoms that Black Americans enjoyed by guaranteeing they received a fair share of public goods or services. It concludes by …


Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis May 2023

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …


Political Theory, Activism, And Visual Media: The Ideology Of Protest Symbols, Jilly E. Crane-Mauzy Mx. May 2023

Political Theory, Activism, And Visual Media: The Ideology Of Protest Symbols, Jilly E. Crane-Mauzy Mx.

Whittier Scholars Program

Art changes culture while policy codifies it. Radical revolutionary movements are often accompanied by equally radical shifts in art and design. I cataloged, compared, and contrasted the semiotic power of three specific symbols and their most significant historical moments in the United States. Through the examination of; Stonewall, The Equality March March Against Death, The Day The World Said No To War, The 1968 Summer Olympics, and The 2020 Black Lives Matter, the shifting of each ideologies symbol from inflammation in the media to recognition showcases the clarifying function along with creating unity and pride in community that is integral …


The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce May 2023

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …


Intelligence Operations Conducted On Martin Luther King Jr. And His Loose Morals: The Changing Motivations For His Surveillance, Haley D. North Ms. Apr 2023

Intelligence Operations Conducted On Martin Luther King Jr. And His Loose Morals: The Changing Motivations For His Surveillance, Haley D. North Ms.

Madison Historical Review

The United States intelligence community took great pride in producing insightful intelligence for the protection of threats to their nation and its citizens. However, the government's intentions for surveillance under their administrations can be questioned when analyzing the individual governmental agendas for conducting surveillance against American citizens. One American consecutive administration targeted in particular was Martin Luther King Jr. Throughout Marin Luther King Jr.’s public career there was a constant effort on the part of the government to conduct surveillance of his every move. The National Security Agency’s (NSA) justification under project MINARET for the surveillance of King was claimed …


Paths To Equity: Parents In Partnership With Ucedds Fostering Black Family Advocacy For Children On The Autism Spectrum, Elizabeth H. Morgan, Benita D. Shaw, Ida Winters, Chiffon King, Jazmin Burns, Aubyn Stahmer, Gail Chodron Feb 2023

Paths To Equity: Parents In Partnership With Ucedds Fostering Black Family Advocacy For Children On The Autism Spectrum, Elizabeth H. Morgan, Benita D. Shaw, Ida Winters, Chiffon King, Jazmin Burns, Aubyn Stahmer, Gail Chodron

Developmental Disabilities Network Journal

Racism and ableism have doubly affected Black families of children with developmental disabilities in their interactions with disability systems of supports and services (e.g., early intervention, mental health, education, medical systems). On average, Black autistic children are diagnosed three years later and are up to three times more likely to be misdiagnosed than their non-Hispanic White peers. Qualitative research provides evidence that systemic oppression, often attributed to intersectionality, can cause circumstances where Black disabled youth are doubly marginalized by policy and practice that perpetuates inequality. School discipline policies that criminalize Black students and inadequate medical assessments that improperly support Black …


Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Feb 2023

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud Jan 2023

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …


Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr. Jan 2023

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.


A Qualitative Study Of Urban Male Perception And Definition Of Respect For Law Enforcement Officers, Kyla Duckworth Lurry Jan 2023

A Qualitative Study Of Urban Male Perception And Definition Of Respect For Law Enforcement Officers, Kyla Duckworth Lurry

Walden Dissertations and Doctoral Studies

Among African American males, deaths are alarmingly high for reasons that cannot be completely pinpointed. The purpose of this study was to analyze the definition and perception of respect and law enforcement by an African American male and to determine if Goffman’s dramaturgical model is sufficient to explain the social acceptance respect phenomena. Micro-sociological assessments of everyday social interactions are often based on dramaturgy, a sociological perspective. In a dramaturgical model, social interaction is analyzed as an actor’s performance on stage. This study employed a qualitative design so that the research questions could be answered. Based on the findings of …


Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius Nov 2022

Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius

VA Engage Journal

Racial discrimination and inequality have perpetuated within the U.S. since its inception. In 2016, Colin Kaepernick initiated the national anthem protests to oppose the oppression of people of color in America. This study was developed in 2018 to identify social determinants of health underlying discriminatory beliefs and behaviors. The objective was to investigate the impacts of college students’ race, gender, political ideology, socio-economic status [SES], NFL interest, patriotism, and general protest support on support for the national anthem protests. We administered paper-and-pencil surveys across locations on the James Madison University campus using a convenience sample. There were 408 participants included, …


Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law Sep 2022

Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean May 2022

The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean

Merge

Using The Hairstons: An American Family in Black and White, along with additional scholarly research and legal documentation for context, explores the ramifications and reasonings behind the creation and enforcement of anti-miscegenation laws. The primary individuals focused on suggest that anti-miscegenation laws were enacted for reasons outside of marriage's status as a union between two individuals. Social status, property inheritance, and even voting rights were denied to African Americans via the vehicle of anti-miscegenation laws. Just as other antebellum laws served to advance the agendas of the time, anti-miscegenation laws were no different. And the specific stories elaborated on …


A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback May 2022

A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback

Electronic Theses and Dissertations

Stephen F. Austin State University was once the pride and joy of the city of Nacogdoches, Texas. When the Texas State Legislature began to look for a location for their new state normal school, the people of the East Texas town fought to have it built there and the Stephen F. Austin Teacher’s College opened its doors in September 1923 to a proud community. Through the trials and tribulations of early twentieth century events, the school managed to stay afloat and grow in numbers. Dr. Ralph W. Steen became the president of the college in 1958 and he oversaw a …


Documentary Review: Belly Of The Beast, Clare Daniel Apr 2022

Documentary Review: Belly Of The Beast, Clare Daniel

Feminist Pedagogy

Belly of the Beast (Cohn, 2020) chronicles the legal and political battle surrounding forced and coerced sterilization of women incarcerated in the Central California Women’s Facility during the late 1990s and early 2000s. Uncovering a contemporary example of eugenics and the institutional logics that protect and justify those practices, this film provides a crucial tool for feminist educators teaching about reproductive injustice, racism, gender-based oppression, and the power of feminist activism. In what follows, I briefly summarize the film and offer a discussion of how it might be used as a tool of feminist pedagogy by 1) providing an opportunity …


Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson Apr 2022

Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson

The Scholar: St. Mary's Law Review on Race and Social Justice

This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …


How Racism Persists In Its Power, Deborah N. Archer Apr 2022

How Racism Persists In Its Power, Deborah N. Archer

Michigan Law Review

A Review of The Fire Next Time. By James Baldwin.


An Appeal In Favor Of That Class Of Americans Called Africans, Lydia Maria Child, Paul Royster (Editor) Feb 2022

An Appeal In Favor Of That Class Of Americans Called Africans, Lydia Maria Child, Paul Royster (Editor)

Zea E-Books in American Studies

The roots of white supremacy lie in the institution of negro slavery. From the 15th through the 19th century, white Europeans trafficked in abducted and enslaved Africans and justified the practice with excuses that seemed somehow to reconcile the injustice with their professed Christianity. The United States was neither the first nor the last nation to abolish slavery, but its proclaimed principles of freedom and equality were made ironic by the nation’s reluctance to extend recognition to all Americans.

“Americans” is what Mrs. Child calls those fellow countrymen of African ancestry in 1833; citizenship and equality were what she advocated …


2022 Mlk Keynote Address: Eddie Glaude Jr. Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr. Jan 2022

2022 Mlk Keynote Address: Eddie Glaude Jr. Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and bringing our nation’s …


2022 Mlk Keynote Address: Eddie Glaude Jr. Pre-Event Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr. Jan 2022

2022 Mlk Keynote Address: Eddie Glaude Jr. Pre-Event Presentation, Center For Social Equity & Inclusion, Eddie Glaude Jr.

Martin Luther King, Jr. Series

One of the nation’s most prominent scholars, Eddie Glaude, Jr. is an author, political commentator, public intellectual and passionate educator who examines the complex dynamics of the American experience. His writings, including his most recent—the New York Times bestseller Begin Again: James Baldwin’s America and Its Urgent Lessons for our Own—take a wide look at Black communities, the difficulties of race in the United States and the challenges we face as a democracy.

In his writing and speaking, Glaude is an American critic in the tradition of James Baldwin and Ralph Waldo Emerson, confronting history and bringing our nation’s …


"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson Jan 2022

"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson

Faculty Articles

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and facially neutral policies. Similar practices maintained racial hierarchy with respect to White, Latinx, and Asian-American populations in the western United States. While most state action no longer explicitly discriminates on the basis of race, anticrime policy remains a powerful instrument of racial subordination. Indeed, social …


The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins Jan 2022

The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins

2022 Symposium

The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …


Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos Jan 2022

Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos

UNF Graduate Theses and Dissertations

Data on school discipline inequities have shown disproportionate numbers of Black students suspended and expelled compared to their non-Black counterparts. Despite the implementation of evidence-based solutions such as positive behavior supports and intervention, educator professional development, and restorative practices aimed at closing the racial discipline gap, little to no change has occurred. Critical Race Theory is used as a lens for viewing racial hierarchies as a socially constructed tool to oppress people of color. This oppression can be seen in various aspects of society and in education, especially in school discipline. It is fueled by biases, both implicit and explicit. …


Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff Jan 2022

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …