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Full-Text Articles in Law
Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii
Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii
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This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing complicity in producing racial inequality and hierarchy, including slavery, as well as the subjugation and domination of the peoples of the First Nations. To answer this question, this Essay uses the content published in the American Journal of International Law (AJIL) from when it was first published in 1907 …
The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil
The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil
Faculty Publications & Other Works
This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …
Home Equity: Rethinking Race And Federal Housing Policy, Sarah E. Waldeck, Rachel D. Godsil
Home Equity: Rethinking Race And Federal Housing Policy, Sarah E. Waldeck, Rachel D. Godsil
Faculty Publications & Other Works
Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity—both financial and racial—is not accidental. Federal government programs have armed white people with agency to construct “white” spaces while stigmatizing “Black” spaces. The urgency of addressing structural injustice in housing has been laid bare by police-involved shootings and the disparate death rates linked to COVID-19.
Using political philosopher Tommy Shelbie’s theory of corrective justice, this Article explores the historical and present-day harms that need to be rectified and then …
Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck
Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck
Faculty Publications & Other Works
Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity—both financial and racial—is not accidental. Federal government programs have armed white people with agency to construct “white” spaces while stigmatizing “Black” spaces. The urgency of addressing structural injustice in housing has been laid bare by police-involved shootings and the disparate death rates linked to COVID-19.
Using political philosopher Tommy Shelbie’s theory of corrective justice, this Article explores the historical and present-day harms that need to be rectified and then …
Immigration Policy As A Defense Of White Nationhood, Juan F. Perea
Immigration Policy As A Defense Of White Nationhood, Juan F. Perea
Faculty Publications & Other Works
President Trump's vilification and expulsion of undocumented Latino migrants is only the latest episode of the mass expulsion of Latinos. This essay places Trump's border enforcement policies into historical context as a defense of white national identity. Despite many asserted justifications for this mistreatment of migrants and refugees, the only justification that survives scrutiny is the need to reassure anxious whites that their racial status is being defended.
Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez
Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez
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This article examines the legal and moral basis for migration as a form of reparation for the harms inflicted on the states and peoples of the Global South through climate change and through centuries of predatory economic policies. Using Central American migration to the United States as a case study, the article explains that susceptibility to climate change is a function of two variables: exposure and social and economic vulnerability. High-emitting affluent states are disproportionately responsible for Central America’s exposure to climate change due to their historic and current greenhouse gas emissions, their unwillingness to curb these emissions, and their …
Deracialization And Democracy, Steven Ramirez, Neil G. Williams
Deracialization And Democracy, Steven Ramirez, Neil G. Williams
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The United States suffers the conthiued costs of mahitainhig a racial hierarchy. Enhanced diversity and growhig realization of the economic costs of that hierarchy could lead to democratic pressure for reform. Yet, in the U.S., elites on the radical right seek to entrench themselves in power through the constriction of voting power and the strategic use of the racial hierarchy as a political tool. This Article traces the anti-democratic efforts of the radical right to limit the political power of the nation's enhanced diversity, and to utilize archaic governance measures to entrench themselves politically, regardless of the costs of allowing …
Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea
Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea
Faculty Publications & Other Works
No abstract provided.