Law Commons^™

The Impact Of Racism On Maternal Health Outcomes For Black Women, Gabrielle T. Wynn

University of Miami Race & Social Justice Law Review

No abstract provided.

Response To Commentaries On Who’S The Bigot?, Linda C. Mcclain

Faculty Scholarship

One of the joys of writing a book is the chance to have its arguments and observations evaluated by creative and engaged readers. I am very grateful that the scholars included in this book symposium provided such constructive commentary on the manuscript of my book, Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. One of those commentators, Professor Imer Flores, also generously hosted a wonderful live conference at which I had the chance to hear and engage with early versions of several of these commentaries. The final book, I hope, reflects improvements that grew out of …

So You Want To Talk About Race By Ijeoma Oluo, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Austin, Angela Onwuachi-Willig, Mario Barnes, Erwin Chemerinsky

Erwin Chemerinsky

In this Article, Mario Barnes, Erwin Chemerinsky, and Angela Onwuachi-Willig examine and analyze one recent, affirmative action case, Fisher v. University of Texas, Austin, as a means of highlighting why the anti-subordination or equal opportunity approach, as opposed to the anti-classification approach, is the correct approach for analyzing equal protection cases. In so doing, these authors highlight several opportunities that the U.S. Supreme Court missed to acknowledge and explicate the way in which race, racism, and racial privilege operate in society and thus advance the anti-subordination approach to equal protection. In the end, the authors suggest that, with regard to …

Acting Black: An Analysis Of Blackness And Criminality In Film, Blake Edwards

Master's Theses

This thesis will attempt to answer how films deal with blackness and crime, specifically when intersecting with the concepts of exploitation, appropriation, whiteness and the criminality of the black body. While not entirely the root of the negative perceptions of African-Americans in the United States, the manner in which African-Americans are portrayed in motion picture media influences how their presence is seen in society. This thesis will examine specific films that include elements dealing with the listed factors and what effects they may or may not have.

Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges

Khiara M Bridges

The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist — the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the germination of post-racialism — the sense that we, as a nation, have overcome our racial problems. The dramatic visibility of the minority poor’s suffering, combined with the relative invisibility of the suffering of those minorities who are not poor, breeds the belief that class is now …

The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram

Faculty Scholarship

The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …

Does A Non-Extreme Answer To Extremism Exist?, Jeffrey Levicki

University of Michigan Journal of Law Reform

Foreword for the Journal of Law Reform symposium entitled Alt-Association: The Role of Law in Combatting Extremism.

Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos

University of Michigan Journal of Law Reform

The following is a transcription of an interview with Professor Khaled Beydoun, conducted at the University of Michigan Law School on March 15, 2019. The transcript has been lightly edited for clarity.

Keynote Address, Sammy Rangel

University of Michigan Journal of Law Reform

The following is a transcription of Mr. Rangel’s keynote address presented at the University of Michigan Journal of Law Reform Symposium, Alt Association: The Role of Law in Combating Extremism on November 17, 2018, at the University of Michigan School of Law. The transcript has been lightly edited for clarity.

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

A Retrospective On Race: The View From Long Island, Deborah W. Post

Deborah W. Post

No abstract provided.

Contested Development: A Poor People's Movement For A Better Los Angeles, 1960–2018, Deshonay R. Dozier

Dissertations, Theses, and Capstone Projects

Zooming in on the historical development of Downtown Los Angeles’s (LA) Skid Row, this dissertation traces a continuity of abolitionist alternatives made by homeless and poor Angelinos from the 1960s to our present day. Skid Row is an important entry way into Los Angeles urban politics, particularly with respect to how forms of difference, at the axis of race, gender, class, and ability shape regional relations of property and the built environment. I show how these relations shape Downtown Los Angeles’s geography through carceral practices. These carceral practices, made by social services and policing, shape space by routinely containing and …

Addicted To Drug Control: The History Of American Drug Prohibition And Its Consequences For Modern Psychedelic Medicine, Seth Mcdowell

Mahurin Honors College Capstone Experience/Thesis Projects

Psychedelics have been used medicinally and as vehicles for spiritual discovery for millennia. They achieved international notoriety in the decades following Albert Hofmann’s accidental discovery of LSD’s psychological effects, which spurred an explosion of psychedelic research. While much of the research showed psychedelics to have tremendous therapeutic potential, some studies declared them to be dangerous. By the end of the 1960s, LSD and other classic psychedelics had become cultural pariahs, linked to the counterculture, chromosome damage, and birth defects. For this reason, Congress outlawed psychedelics in the Comprehensive Drug Abuse Control and Prevention Act of 1970, which consolidated more than …

La Vulneración De Los Derechos E Invisibilización Sobre Lxs Migrantes Senegaleses En Caba / The Violation Of Human Rights And The Invisibilization Of Senegalese Immigrants In The Autonomous City Of Buenos Aires, Madeline Doane

Independent Study Project (ISP) Collection

Antes de que Argentina fuera una estado-nación oficial, ha habido una invisibilización de lxs afro-descendientes y afro-argentinxs que continúa hoy bajo la negación de la existencia y los derechos de lxs inmigrantes senegaleses. Desde la década de 1990, ha habido una progresiva afluencia de migrantes senegaleses, por lo general de varones jóvenes, a Buenos Aires, Argentina, con el sueño de prosperidad económica para compartir con sus familias en Senegal. A su llegada, se enfrentan a varias barreras lingüísticas y culturales para adaptarse al estilo de vida argentino. Debido a las leyes de inmigración actuales, no son capaces de obtener trabajos …

Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell

Dickinson Law Review (2017-Present)

This Article examines inflammatory statements by prosecutors in the context of mass gang indictments. I contend that inflammatory remarks not only harm the justice system and defendants, particularly minorities, but also that, when prosecutors craft and repeat hyperbolic narratives about vicious gang wars, prosecutors may come to believe the narratives and become effectively blinded to the fact that these narratives are improper, unfair, and untrue. First, I review the professional rules, standards, and case law that prohibit. Then, drawing on press releases and trial transcripts from two mass gang indictments in New York City, I demonstrate how prosecution statements exaggerate …

Reconceptualizing The Harms Of Discrimination: How Brown V. Board Of Education Helped To Further White Supremacy, Angela Onwuachi-Willig

Faculty Scholarship

For decades, literature has played a vital role in revealing weaknesses in law. The classic novel To Kill a Mockingbird by Harper Lee is no different. The long-revered work of fiction contains several key scenes that illuminate significant gaps in the analysis of one of our most celebrated decisions: Brown v. Board of Education, the case in which the U.S. Supreme Court held that state-mandated racial segregation in public schools violated the Equal Protection Clause of the Constitution. In particular, the novel opens a pathway that enables its readers to visualize the full harms of white supremacy, which include …

How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera

Honors Theses

This thesis sought to examine how media influenced interracial relations in the 1920s and 1930s. It starts by defining necessary terms like media, race, racism, and stereotypes. Afterwards, studies which demonstrate that media reflect society are analyzed as well as studies which determine the extent of media influence on society. Media are the most influential on people who agree with the content provided and those who have no specific opinion on the issue at hand.

Next, psychological studies which determine the circumstances in which racist ideology is accepted the most are analyzed. This analysis determined that in-group versus out-group sentiments …

The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell

Indiana Journal of Global Legal Studies

Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …

Revitalizing The Meaning Of Diversity For Racial Justice In Education, Tanya K. Hernandez

Faculty Scholarship

The concept of diversity undermines the true spirit of any affirmative action policy, which is to remedy society's racism and promote racial justice and equality. This is because “diversity” detached from racial justice can signify any human difference unrelated to social inequality. Infusing the notion of “diversity” with the insights from implicit bias research would mean instead considering the goal of “diversity” as a device for making admissions procedures more equitable and justified amidst the continuing implicit bias that can be actually measured. Furthermore, connecting the diversity goal as a device for procedurally addressing

implicit bias in admissions decisions and …

A Retrospective On Race: The View From Long Island, Deborah W. Post

Journal of Race, Gender, and Ethnicity

No abstract provided.

The First Amendment & The Great College Yearbook Reckoning, Maryann Grover

Law Student Publications

"“Yearbooks are meant to double as time capsules. There’s aspiration woven into their portrayals of things. . . .” As with all time capsules, some yearbooks contain things that would be better left in the past. Blackface, celebration of the Confederacy and white supremacy, even depictions of students in Nazi uniforms are surely things that most people believe should be left in the past, or should not have even existed in the past to begin with. However, the reality is that such racial and discriminatory depictions have historically been prevalent in student publications. In fact, out of 900 publications across …

Just Another School: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson

Faculty Publications & Other Works

Over the past decade, there has been increasing national, state, and local attention focused on the negative impacts of school expulsion and suspension. As a result of the well-documented and long-standing research showing the harm to students of exclusionary school discipline practices, states and school districts have begun reforming their policies and practices to limit the use of suspensions and expulsions. Many of these new reforms, however, have not included changes to provisions in state law and district policies allowing for students to be transferred from their neighborhood schools to alternative schools for disciplinary reasons. In this article, we argue …

Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers

Scripps Senior Theses

The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The expected result is that …

Human Rights Racism, Anna Spain Bradley

Publications

International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She further exposes …

How Should Organizations Support Trainees In The Face Of Patient Bias?, Kimani Paul-Emile

Faculty Scholarship

Some patients degrade, belittle, or harass clinicians and students based on their social identity characteristics, such as their race, gender, ethnicity, or religion. Some patients even refuse care. While this kind of behavior is difficult for all health care workers, it presents unique challenges for trainees. This article offers concrete protocols for supporting trainees when such patient encounters occur, including assessment, debriefing with affected staff, convening team meetings, event tracking, data collection, and initiating organizational cultural changes.

Virtual Hatred: How Russia Tried To Start A Race War In The United States, William J. Aceves

Michigan Journal of Race and Law

During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential campaign, a more pernicious intervention took place. Throughout the campaign, Russian operatives created hundreds of fake personas on social media platforms and then posted thousands of advertisements and messages that sought to promote racial divisions in the United States. This was a coordinated propaganda effort. Some Facebook and Twitter posts denounced the …

White Caller Crime: Racialized Police Communication And Existing While Black, Chan Tov Mcnamarah

Michigan Journal of Race and Law

Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports?

This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply existing must be understood as a systematic phenomenon which it dubs racialized police communication. The label captures two related practices. First, racially motivated police reporting—calls, complaints, or reports made when Black persons are engaged in behavior that would not have been read …