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Child Migrants And America’S Evolving Immigration Mission, Shani M. King Apr 2019

Child Migrants And America’S Evolving Immigration Mission, Shani M. King

UF Law Faculty Publications

This Article explores the many challenges—legal and otherwise—that child migrants face as they attempt to navigate the complex web of courts, laws, and shifting political landscapes to become naturalized United States citizens, while putting these challenges in the context of an immigration system that has long been shaped by politics of exclusion and xenophobia that have shaped immigration law and policy in the United States for over one-hundred years. Such an investigation comes at a time when the issue of immigration in the United States is increasingly complex and contested. As the Trump administration mulls over new prototypes ...


Equality, Equity, And Dignity, Nancy E. Dowd Jan 2019

Equality, Equity, And Dignity, Nancy E. Dowd

UF Law Faculty Publications

In this Essay I explore the definition and scope of children’s equality. I argue that equality includes equity and dignity. The meaning of each of these concepts is critical in imagining a deep, rich vision of equality, and in constructing policies to achieve that vision. This definition of equality creates affirmative rights, demands action to resolve structural discrimination that creates and sustains hierarchies among children, and requires affirmative support for children’s developmental equality.


The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs Oct 2017

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

UF Law Faculty Publications

Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when ...


Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance Jan 2017

Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance

UF Law Faculty Publications

In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S ...


Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn Jan 2016

Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn

UF Law Faculty Publications

In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead's important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead's conclusions about the unfortunate state of affairs in 21st century America--that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor Birckhead ...


Black Boys Matter: Developmental Equality, Nancy E. Dowd Jan 2016

Black Boys Matter: Developmental Equality, Nancy E. Dowd

UF Law Faculty Publications

The life course of Black boys is a stark reminder of the realities of inequality. While recent attention to policing and high profile deaths of Black youth and adults has raised consciousness of life-threatening situations, this focus exposes the most visceral and deadly aspect of a much larger set of issues. Those issues begin at birth, and are powerfully framed before adulthood, creating inequality particularly when the individual is most vulnerable, in childhood. This Article confronts the inequalities of Black boys and their subordination, as a vehicle to expose inequalities more generally based on children’s identities.

The life course ...


Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance Jan 2016

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

UF Law Faculty Publications

Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules, including for low-level offenses. Many have referred to this disturbing trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system—such as suspending or expelling them—as the “school-to-prison pipeline.” Perhaps the ...


Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren Lenard Hutchinson Jan 2015

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren Lenard Hutchinson

UF Law Faculty Publications

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors generally remain colorblind. The colorblindness doctrine has led to the judicial invalidation of policies designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights.”

Constitutional law theorists have criticized these aspects of equal protection doctrine. Recently, however, some theorists ...


"Continually Reminded Of Their Inferior Position": Social Dominance, Implicit Bias, Criminality, And Race, Darren Lenard Hutchinson Jan 2014

"Continually Reminded Of Their Inferior Position": Social Dominance, Implicit Bias, Criminality, And Race, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article contends that implicit bias theory has improved contemporary understanding of the dynamics of individual bias. Implicit bias research has also helped to explain the persistent racial disparities in many areas of public policy, including criminal law and enforcement. Implicit bias theory, however, does not provide the foundation for a comprehensive analysis of racial inequality. Even if implicit racial biases exist pervasively, these biases alone do not explain broad societal tolerance of vast racial inequality. Instead, as social dominance theorists have found, a strong desire among powerful classes to preserve the benefits they receive from stratification leads to collective ...


Marital Status And Privilege, Laura A. Rosenbury Jul 2013

Marital Status And Privilege, Laura A. Rosenbury

UF Law Faculty Publications

This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks ...


Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd Jan 2013

Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd

UF Law Faculty Publications

Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity ...


The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn Jan 2012

The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn

UF Law Faculty Publications

This Article seeks to document the manifest hostilities that poor and minority children face in our nation's schools. It does so based in part on the professional and personal experiences of the author as a clinical law professor who teaches a Juvenile Rights and Re-Entry Clinic. It critiques the continuing campaigns against such youth in the United States and urges decision-makers to seriously rethink the nation's priorities and recommit the country to the cause of educating children. This Article further serves as a call to action to join conscientious objectors who reject the current state of affairs. It ...


The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn Dec 2011

The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn

UF Law Faculty Publications

Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over ...


Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown Jan 2005

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

UF Law Faculty Publications

This Article has identified and outlined the parameters of Black protectionism, a practice used by African-Americans to protect prominent community members who have been charged with criminal or unethical activity. This practice took root during slavery-during a time when a false or minor charge against one African-American could result in death or great bodily harm to him and scores of other African-Americans. History has cultivated a culture of Black mistrust of Whites in particular and mainstream society in general. This suspicion is reinforced with the continued disparate treatment of African-Americans within the criminal justice system. History and contemporary conditions explain ...


Race, Gender, And Work/Family Policy, Nancy E. Dowd Jan 2004

Race, Gender, And Work/Family Policy, Nancy E. Dowd

UF Law Faculty Publications

Family leave is not an end in itself, but rather is part of a much bigger picture: work/family policy. The goal of work/family policy is to achieve a good society by supporting families. Ideally, families enable children to develop to their fullest capacity and to contribute to their communities and society. Public rhetoric in the United States has always strongly supported families. Our policies, however, have not. In the area of work/family policy, the United States continues to lag behind every other advanced industrialized country, as well as many developing countries, in the degree to which we ...


"Unexplainable On Grounds Other Than Race": The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Lenard Hutchinson Jan 2003

"Unexplainable On Grounds Other Than Race": The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Lenard Hutchinson

UF Law Faculty Publications

In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.

First, Professor Hutchinson examines the ...


Reflections On Racism And World Order, Winston P. Nagan Oct 2002

Reflections On Racism And World Order, Winston P. Nagan

UF Law Faculty Publications

This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is ...


Identity Matters, Sharon E. Rush Jul 2002

Identity Matters, Sharon E. Rush

UF Law Faculty Publications

From the Sixth Annual LatCrit Conference in Gainesville, Florida on April 26-29, 2001.

Cluster VII: Race, Gender, and Sexuality


New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson Jan 2002

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson

UF Law Faculty Publications

During the latter part of the twentieth century, progressive scholars in various fields of study have developed a large body of works analyzing identity politics. Within legal scholarship, critical race, feminist, anti-heterosexist, and other progressive theorists have demonstrated how legal doctrines and policies perpetuate social hierarchy and reinforce the domination of oppressed classes. The efforts of progressive scholars (and activists) to launch a unified critique of injustice, however, has proved difficult - due in part to the variety of theoretical and doctrinal options available to counter subordination and also to the intractable nature of institutionalized oppression. Yet, progressive scholars have also ...


Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson Jan 2002

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson

UF Law Faculty Publications

Proceedings of a criminal trial in Dallas, Texas, demonstrate the vulnerability of LGBT individuals to judicial bias. Although the jury convicted the defendant of murdering two gay males, the judge explained his light sentence: "I put prostitutes and gays at about the same level, and I'd be hard put to give somebody life for killing a prostitute . . . had [the victims] not been out there trying to spread AIDS, they'd still be alive today . . . These two guys that got killed wouldn't have been killed if they hadn't been cruising the streets picking up teen-age boys . . . I don ...


Diversity In Law Schools: Where Are We Headed In The Twenty-First Century, Jon L. Mills Oct 2001

Diversity In Law Schools: Where Are We Headed In The Twenty-First Century, Jon L. Mills

UF Law Faculty Publications

While we had historically recruited a large number of minority candidates to campus, because of the departures of our minority faculty, we needed to evaluate both our ability to recruit and our ability to retain minority faculty. Discriminatory hiring based on race is forbidden by law. The University of Florida is an equal opportunity employer. As a practical and legal matter, and in contrast to our current student admissions policy, we can consider race in employment decisions only to remedy past discrimination and only if narrowly tailored to serve a compelling state interest. First, it is important to understand the ...


Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol Jan 2001

Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as ...


The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn Apr 2000

The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn

UF Law Faculty Publications

Christopher Darden (prosecutor in the O.J. Simpson trial) has come to epitomize the burdens that African American prosecutors face as they perform their professional tasks. Moreover, the "Darden Dilemma" has become a generic term for the anguish that these prosecutors endure as they negotiate between competing allegiances to the African American community and the State. Much has been written about the sense of isolation that African American prosecutors feel when confronting the conflict between their roles as prosecutors and their obligations to the African American community. This article argues that African Americans should not prosecute crimes in the current ...


Social Security Reform: Risks, Returns, And Race, Dorothy A. Brown, Karen C. Burke, Grayson M.P. Mccouch Apr 2000

Social Security Reform: Risks, Returns, And Race, Dorothy A. Brown, Karen C. Burke, Grayson M.P. Mccouch

UF Law Faculty Publications

The debate over social security reform has far-reaching implications for the economic well-being of blacks and other minority groups. In this article, we examine how blacks have fared under the existing system, and then consider the likely consequences of moving toward a privatized system. Specifically, we consider the claim, recently advanced by some privatizers, that blacks receive an especially "bad deal" under the existing system and would be better off under a privatized system. We find that, for blacks as a group, this claim tends to overstate both the shortcomings of the existing system and the advantages of privatization. Furthermore ...


Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury Jan 2000

Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury

UF Law Faculty Publications

Some commentators, perhaps a minority, have argued that the Equal Protection Clause should be read to require the use of race-conscious policies when necessary to eradicate or remedy the most serious consequences of racial inequality. Others have argued that such policies, though not required, should be permitted when duly adopted by the majority of the populace to promote the interests of an historically oppressed minority. Still others, including now a majority of the Supreme Court, take the view that the Constitution forbids virtually all explicit uses of race by the state.

In this Essay, we do not enter this debate ...


The Diversity Among Us, Berta E. Hernández-Truyol Jan 1997

The Diversity Among Us, Berta E. Hernández-Truyol

UF Law Faculty Publications

It is really a pleasure to be here today and I think we owe great thanks to Western New England College School of Law for hosting this historic First Annual Northeastern People of Color Legal Scholarship Conference. I think there are two people who deserve special mention and to whom a great deal of thanks are in order. First, I would like to thank Dean Mahoney of Western New England College School of Law who made this conference possible. These events just do not happen without administrative and, more specifically, deaconal support. Her role and support are invaluable. The other ...


Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Lenard Hutchinson Jan 1997

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Lenard Hutchinson

UF Law Faculty Publications

No abstract provided.


Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush Oct 1996

Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush

UF Law Faculty Publications

Beginning with a discussion of the United States Supreme Court’s decision in McLaurin v. Oklahoma State Regents for Higher Education, this article discusses the meaning of “integration.” In McLaurin, the University of Oklahoma was forced to abandon its segregation policy and not separate black students from their white classmates in all settings (not just the classroom). The McLaurin decision raised the fundamental questions: "What is integration?" and "How is integration related to racial equality?" Significantly, the McLaurin Court clarifies that equality is premised on integration and that integration means more than just having a presence in an institution. The ...


If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush Jul 1994

If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush

UF Law Faculty Publications

In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become ...


Rights Held Hostage: Race, Ideology And The Peremptory Challenge, Kenneth B. Nunn Jan 1993

Rights Held Hostage: Race, Ideology And The Peremptory Challenge, Kenneth B. Nunn

UF Law Faculty Publications

This Article addresses the Supreme Court's application of the Equal Protection Clause to the selection of juries in criminal trials. Focusing on Black-white relations, it takes the position that efforts to eliminate racial discrimination in jury selection are successful only to the extent that they also eliminate the result of the discrimination- racial subjugation of Blacks through the criminal justice process. By this measure, the Supreme Court's recent jury selection cases are an abject failure.