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

Law Commons

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

Articles 1 - 14 of 14

Full-Text Articles in Law

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy Jul 2014

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Joseph P. Kennedy

No abstract provided.


Drug Exceptionalism, Erik Luna Nov 2013

Drug Exceptionalism, Erik Luna

Erik Luna

No abstract provided.


Profiling And Immigration, Aaron Haas Sep 2012

Profiling And Immigration, Aaron Haas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons Sep 2011

Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy Sep 2011

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Brave New World Of Stop And Frisk, Ron Bacigal Sep 2011

A Brave New World Of Stop And Frisk, Ron Bacigal

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen Jan 2010

Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen

American University Journal of Gender, Social Policy & the Law

No abstract provided.


No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi Apr 2003

No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi

Osgoode Hall Law Journal

After September 11, 2001, some scholars and policy-makers promoted the racial profiling of Arabs and Muslims as a means towards greater national security. While racial profiling has not been officially sanctioned in Canada, it attracts popular support and undeniably takes place. The first part of this article identifies three different categories of racial profiling in the context of Canada's War against Terrorism. The second part identifies the problems associated with racial profiling. It argues that racial profiling undermines national security while also heightening the vulnerability and exclusion of Arabs, Muslims, and other racialized groups in Canada.


Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach Jan 2003

Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach

Osgoode Hall Law Journal

Given the prominence of the issue of racial, ethnic, and religious profiling in the public debate about terrorism, it is significant that Canada's two legislative responses to September 11 - the Anti-terrorism Act and the proposed Public Safety Act - are silent on the issue, neither explicitly authorizing profiling nor expressly banning it. In this article, we focus on the constitutional remedies available for profiling in the face of these statutory silences, and the implication that the choice of remedies holds for both remedial efficacy and democratic accountability. Contrary to the position held by the majority of the Supreme Court …


Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich Apr 2002

Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich

Osgoode Hall Law Journal

Do the police use race as a proxy for criminality, particularly, in drug cases? If so, is this a rational discriminatory practice that is based on who the usual offender is or an offensive exercise of racial prejudice? What are the consequences for those communities targeted by the police? This article investigates these questions that have gone unanswered for too long in Canada. After offering a definition of racial profiling, evidence is presented that suggests that the practice is rampant in the United States and is likely practiced by some Canadian police forces, particularly, in cities with large visible minority …


Racial Profiling In Jury Selection: The Third Circuit Revisits The Batson Inquiry In Riley V. Taylor, Oluseyi Olubadewo Jan 2002

Racial Profiling In Jury Selection: The Third Circuit Revisits The Batson Inquiry In Riley V. Taylor, Oluseyi Olubadewo

Villanova Law Review

No abstract provided.


Drug Exceptionalism, Erik Luna Jan 2002

Drug Exceptionalism, Erik Luna

Villanova Law Review

No abstract provided.


U.S. Border Enforcement: Drugs, Migrants, And The Rule Of Law, Kevin R. Johnson Jan 2002

U.S. Border Enforcement: Drugs, Migrants, And The Rule Of Law, Kevin R. Johnson

Villanova Law Review

No abstract provided.


Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber Jan 2002

Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber

Villanova Law Review

No abstract provided.