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Articles 1 - 9 of 9
Full-Text Articles in Law
Using International Human Rights Law To Combat Racial Discrimination In The U.S. Criminal Justice System., Terrence Rogers
Using International Human Rights Law To Combat Racial Discrimination In The U.S. Criminal Justice System., Terrence Rogers
The Scholar: St. Mary's Law Review on Race and Social Justice
Statistics tend to show Black people commit most of the crime in the United States. Those statistics fail to account for unequal treatment of minorities at each stage of the criminal justice system. This unequal treatment may take the form of buy-and-bust operations, racial profiling, street sweeps, and other police activities which target people in low-income communities populated mainly by minorities. The American criminal justice system contains a cyclical, self-perpetuating aspect to the treatment of certain minorities. These perceptions direct a disproportionate amount of law enforcement attention on minorities, which leads to disproportionate arrests of minorities. The result shows racial …
Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr
Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr
Richard Mohr
Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more recent …
Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis
Hope Lewis
This essay, written during a time of Clinton-era welfare reform, was an attempt to reimagine South-North roles. What if "right to development" analysis were applied to poor women of color living in the United States? Some see the right to development as an anachronism in the face of the apparent globalization of market-based economic development. However, “development” in the narrow form of a thriving industrial sector, reliable infrastructure, and steady economic growth, remains beyond the reach of many nations - particularly the poorest African nations. More important, the broader goals of human development - access to basic needs and an …
Transnational Dimensions Of Race In America, Hope Lewis
Transnational Dimensions Of Race In America, Hope Lewis
Hope Lewis
Race, a key concept in international human rights law from the beginning, should still be high on today's global priority list. However, to remain a useful concept in our increasingly complex world, race must be defined and explored as a transnational and multidimensional social construct. I reflect here on the complex nature of "Blackness." I suggest that international human rights law should engage intra-racial diversity among Blacks along cultural, gender, political, economic, and ethnic lines. Because "Blackness" itself is a product of popular social consciousness, I draw here on popular accounts of U.S Black migration and stories about the Presidential …
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
Beverly McQueary Smith
No abstract provided.
S11rs Sgr No. 23 (Tureaud), Hebert, Harding
S11rs Sgr No. 23 (Tureaud), Hebert, Harding
Student Senate Enrolled Legislation
No abstract provided.
From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde
Faculty Publications
At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
University of Richmond Law Review
No abstract provided.
The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane
The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane
All Faculty Scholarship
A central, symbolic image supporting property ownership is the image of stability. This symbol motivates most because it allows for settled expectations, promotes investment, and fulfills a psychological need for predictability. Despite the symbolic image, property is home to principles that promote instability, albeit a stable instability. This Article considers an overlooked but fundamental issue: the recurring instability experienced by minority property owners in ownership of their homes. This is not an instability one might attribute solely to insufficient financial resources to retain ownership, but instead reflects an ongoing pattern, exemplified throughout the twentieth century, of purposeful involuntary divestment of …