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Articles 1 - 14 of 14
Full-Text Articles in Law
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Actively Achieving Greater Racial Equity In Law School Classrooms, Catherine Bramble, Rory Bahadur
Cleveland State Law Review
2020 illustrated the ongoing pervasiveness of implicit and explicit racism in our society. Less well-acknowledged and recognized is the extent to which Socratic pedagogy also reflects those pervasive racist realities while simultaneously resulting in inferior learning based on a teaching method invented 150+ years ago. Despite this racist and outdated reality, the legal academy has been reluctant to alter the traditional method of teaching. Tangible, empirical evidence obtained from data-driven cognitive learning science research demonstrates that active learning not only improves learning outcomes for all students, but also mitigates the structural effects of racism in the classroom thereby increasing racial …
Reforming State Electoral College Laws To Depolarize American Politics, M. Akram Faizer
Reforming State Electoral College Laws To Depolarize American Politics, M. Akram Faizer
Cleveland State Law Review
Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer Democratic Party candidates over their Republican opponents. Brnovich follows the highly divisive 2020 presidential election that Joe Biden won against former President Trump based on very narrow margins in highly contested swing states, notwithstanding a nationwide popular margin of more than 8 million votes. This blurring of the lines between …
The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale
The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale
Cultural Encounters, Conflicts, and Resolutions
In 1867, Congress passed legislation that forbid the practices of debt peonage. However, the law was circumvented after the period of Reconstruction in the south and debt peonage became central to the expansion of southern agriculture through sharecropping and industrialization through convict leasing, practices that forced debtors into new forms of coerced labor. Debt peonage was presumable ended in the 1940s by the Justice Department. But was it? The era of mass incarceration has institutionalized a new form of debt peonage through which racialized poverty is governed, mechanisms of social control are reconstituted, and freedom is circumscribed. In this paper, …
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
'Fire Away': I Have No Right To Not Be Insulted, David R. Barnhizer
'Fire Away': I Have No Right To Not Be Insulted, David R. Barnhizer
Law Faculty Articles and Essays
Universities are the institutions responsible for advancing our freedom of thought and discourse through the work of independent scholars and the teaching of each generation of students. But for several decades, universities and other educational institutions have increasingly set up rules aimed at protecting individuals and groups from criticism that those individuals and groups consider insensitive, offensive, harassing, intolerant and disrespectful, critical of their core belief systems or threats to their agendas. Even though it has been claimed that disadvantaged interest groups have a right to use one-sided tactics of intolerance against those they consider to be responsible for their …
Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.
Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.
Cultural Encounters, Conflicts, and Resolutions
La Haine, (Dir. Mathieu Kassovitz, 1995) and La Désintégration (Dir. Philippe Faucon, 2011), set in France’s urban periphery, depict the struggle of second and third-generation immigrants growing up in the housing projects and their desire to live like ‘other’ French young people. The analysis offers a comparative study of the films’ reception with a community of viewers made of American students in a Contemporary French Culture course. Following the three paradigms of exclusion (social, racial, and cultural); gender representation; and aestheticism and realism, this study demonstrates that, within certain limits, these cinematic propositions, of similar prophetic nature but different …
“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer
“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer
David Barnhizer
In theory, universities are the institutions that are responsible for advancing our freedom of thought and discourse through the work of independent scholars and the teaching of each generation of students. But for several decades, universities and other educational institutions have increasingly set up rules aimed at protecting individuals and groups from criticism that those newly empowered individuals and groups consider insensitive, offensive, harassing, intolerant and disrespectful, or critical of their core belief systems. Even though it has been claimed that disadvantaged interest groups have a right to use one-sided tactics of intolerance against those they consider to be responsible …
An Essay On “Framing” And Fanaticism: Propaganda Strategies For Linguistic Manipulation, David Barnhizer
An Essay On “Framing” And Fanaticism: Propaganda Strategies For Linguistic Manipulation, David Barnhizer
David Barnhizer
In his brilliant classic, Propaganda, French philosopher Jacques Ellul explains that the stereotype—a key tool of propagandists--“helps [humans] to avoid thinking, to take a personal position, to form [their] own opinion.” The problem for a political system is that stereotypes do not require thought. They are “acquired by belonging to a group, without any intellectual labor.” Deborah Tannen describes what has occurred as the “Argument Culture”. In the “argument culture” we are fanatics, unable and unwilling to engage in the kinds of fact-based reasoned discourse that we always were told was at the core of the democratic system. Tannen observed …
From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon Stump
Law Faculty Articles and Essays
This Note focuses on legal education in the United States and West Virginia in particular. Discussions on race, racism, and American law should take place in every legal classroom where race is relevant to the subject being discussed as a way to bridge gaps between communities. This is especially true for the West Virginia University College of Law ("College of Law"), which sits in the third whitest state in the country. The College of Law is the only law school in the state, and a majority of students at the College of Law are white and West Virginian. Thus, at …
On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh
On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh
Law Faculty Articles and Essays
Oh describes this essay as a critique of constitutional and political discourse on "race" and argues that current equal protection doctrine operates under a conception of race that undermines rather than moves forward the goal of achieving racial equality. That understanding defines race solely or primarily as a physical trait or characteristic, and unjustifiably rejects other, more robust notions of race. He argues that the notion of race as physical trait is inconsistent with the historical understanding of race that served as the basis for the Reconstruction Amendments. A careful examination of nineteenth and early twentieth century court decisions, decisions …
Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh
Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh
Law Faculty Articles and Essays
This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system …
Mapping A Materialist Latcrit Discourse On Racism , Reginald C. Oh
Mapping A Materialist Latcrit Discourse On Racism , Reginald C. Oh
Cleveland State Law Review
This Essay will analyze the call for a return to a discourse on the material reality of racism, and offer two ways to develop a materialist LatCrit and Critical Race critique of dominant, inequality reinforcing legal narratives: by (1) critically analyzing the narrative structure of dominant legal narratives, and by (2) incorporating a critical geographical consciousness into LatCrit and Critical Race critique and discourse. This Essay contends that any critical discourse must explicitly recognize the multi-dimensional, multi-faceted, multi-causal reality of racism and racial subordination, and it must expose dominant legal narratives for obscuring and obfuscating that reality.
Natural Law As Practical Methodology: A Finnisian Analysis Of City Of Richmond V. Croson, David R. Barnhizer
Natural Law As Practical Methodology: A Finnisian Analysis Of City Of Richmond V. Croson, David R. Barnhizer
Law Faculty Articles and Essays
The first part of this article examines some of the main features of Finnis's theory of natural law. It suggests that Finnis offers a "soft" theory of natural law anchored in a richer and more realistic conception of human nature than has generally characterized natural law theory. The article's second part briefly describes some methodological aspects of Finnis's theory. The third part seeks to apply Finnis's principles to Justice O'Connor's opinion in City of Richmond v. J. A. Croson Co., a decision that makes it extremely difficult for state and local governments to combat the subtle devises and consequences of …
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Cleveland State Law Review
The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …