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Full-Text Articles in Law

Desnatada: Latina Illumination Of Breastfeeding, Race, And Injustice, Jasmine Gonzales Rose Oct 2020

Desnatada: Latina Illumination Of Breastfeeding, Race, And Injustice, Jasmine Gonzales Rose

Faculty Scholarship

In Skimmed: Breastfeeding, Race, and Injustice, Andrea Freeman brilliantly explains how racism results in lower breastfeeding rates by Black mothers,1 which in turn results in poorer health outcomes--including higher mortality rates--for Black babies.2 She provides four primary reasons for this phenomenon: (1) the history and legacy of slavery, (2) the imposition of racist gender stereotypes on Black women, (3) racially-targeted formula promotion by manufacturers and hospitals, and (4) government benefits and employment policies that obstruct poor people's ability to breastfeed. The first two of these reasons are particularly devastating: the legacy of slavery and misogynoiristic3 stereotypes …


Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart Sep 2020

Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart

Michigan Journal of Race and Law

The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern …


A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams Aug 2020

A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams

Washington and Lee Law Review Online

Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …


Taxation As A Site Of Memory: Exemptions, Universities, And The Legacy Of Slavery, Bridget J. Crawford Aug 2020

Taxation As A Site Of Memory: Exemptions, Universities, And The Legacy Of Slavery, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Many universities around the United States are attempting to grapple with their institution’s history of direct and indirect involvement with transatlantic slavery. One of the first schools to do so was Brown University, which appointed a special committee in 2003 to study its historic institutional ties to slavery. After three years of investigation and discussion, the Brown committee recommended the creation of a public campus memorial and widespread educational efforts. In 2015, Georgetown University undertook a similar investigation on its campus; the working group ultimately recommended renaming certain university buildings, erecting public memorials, creating an academic center of the study …


White Saviors, Brandon Hasbrouck Jul 2020

White Saviors, Brandon Hasbrouck

Washington and Lee Law Review Online

It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …


Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza Jan 2020

Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza

Journal of Race, Gender, and Ethnicity

No abstract provided.


Symbolism And The Thirteenth Amendment: The Injury Of Exposure To Governmentally Endorsed Symbols Of Racial Superiority, Edward H. Kyle Jan 2020

Symbolism And The Thirteenth Amendment: The Injury Of Exposure To Governmentally Endorsed Symbols Of Racial Superiority, Edward H. Kyle

Michigan Journal of Race and Law

One of the debates often encountered by native southerners centers around our historical symbols. There are heated opinions on both sides of the issue as to what these symbols mean and whether they should be allowed to be displayed. The latter question has begun making its way into the courts, with many southern symbols and memorials being accused of promoting the philosophy of racial supremacy. Despite the growing public concern, modern courts refuse to rule on the question. They claim they are forestalled by Article III’s standing requirement that plaintiffs must have suffered a concrete injury in fact. They state …


Do Abolitionism And Constitutionalism Mix?, Aya Gruber Jan 2020

Do Abolitionism And Constitutionalism Mix?, Aya Gruber

Publications

No abstract provided.


Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri Jan 2020

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.