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Full-Text Articles in Law and Race

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing Dec 2017

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing

Angela Onwuachi-Willig

No abstract provided.


Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy Dec 2017

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 ...


Bowraville And Phoebe’S Fall: Award-Winning Australian Podcasts From The Media Formerly Known As Print., Wendy Carlisle Dec 2017

Bowraville And Phoebe’S Fall: Award-Winning Australian Podcasts From The Media Formerly Known As Print., Wendy Carlisle

RadioDoc Review

Digital technology has democratised the audio storytelling space in a quite profound way. This article compares two major podcast investigations produced by established Australian newspaper mastheads: Bowraville by The Australian, and Phoebe’s Fall by The Age. Bowraville examines the unsolved murders of three Aboriginal children in the 1990s – all of whom came from the same small town. Phoebe’s Fall investigates the bizarre death in a garbage chute of a luxury Melbourne apartment building of 24-year-old Phoebe Handsjuk and her troubled relationship with her much older boyfriend.

In depicting what have been described as the three essential ingredients of ...


United States V. Osage Wind, Llc, Summer Carmack Dec 2017

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr. Nov 2017

Judges, Racism, And The Problem Of Actual Innocence, Stephen J. Fortunato Jr.

Maine Law Review

The facts and data are in and the conclusion they compel is bleak: the American criminal justice system and its showpiece, the criminal trial, harbor at their core a systemic racism. For decades, criminologists, law professors, sociologists, government statisticians, and others have been collecting and collating data on crime, punishment, and incarceration in the United States. These intrepid scholars have looked at crime, criminals, and the justice system from all angles—the race of defendants and victims; the relationship of poverty to criminality; severity of crime; severity of punishment; incarceration rates for different racial groups; sentencing and sentence disparities; and ...


Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda Nov 2017

Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda

Journal Articles

I remember my first time seeing Derrick Bell in person and hearing him speak, just a few years before he passed away. I was in awe of him for many reasons, but primarily for two reasons. First, I noted from watching him with his devoted students, how mutual was the devotion coming from him—devotion to them as people and as those who would surely carry on his great work of seeking to forge equality in America and beyond. And second, I was in awe of him because of his devotion to the elimination of racism, while at the same ...


Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown Nov 2017

Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown

Katheryn Russell-Brown

This Article provides a detailed, contemporary examination and critique of the practice of Black protectionism. The discussion focuses on how Black protectionism has evolved over the decades, and whether the changes make it a more useful tool for community empowerment than its applications in previous eras. Its latest iteration, herein labeled Critical Black Protectionism, is assessed and evaluated in light of the increasing use of social media.This Article is divided into five parts. Part I provides an overview of Black protectionism, its roots and evolution. As well, this Part examines how African Americans have used protectionism. Part II sets ...


The Progressives: Racism And Public Law, Herbert J. Hovenkamp Nov 2017

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere Nov 2017

The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere

Northwestern University Law Review

Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe ...


Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield Oct 2017

Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield

Maine Law Review

Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so ...


Human Rights And Nation-Building In Cross-Cultural Settings, Burns H. Weston Oct 2017

Human Rights And Nation-Building In Cross-Cultural Settings, Burns H. Weston

Maine Law Review

Values are preferred events, “goods” we cherish; and the value of respect, “conceived as the reciprocal honoring of freedom of choice about participation in value processes,” is “the core value of human rights.” In a world of diverse cultural traditions that is simultaneously distinguished by the widespread universalist claim that “human rights extend in theory to every person on earth without discriminations irrelevant to merit,” the question thus unavoidably arises: when, in human rights decision-making, are cultural differences to be respected and when are they not? The question arises early in the nation-building enterprise where demands to preserve cultural traditions ...


Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins Oct 2017

Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins

Maine Law Review

The focus of today’s annual Constitution Day lecture at the University of Maine School of Law is on the Fourteenth Amendment and specifically how the Equal Protection Clause relates to tort law. First, I will talk about the Equal Protection Clause in general—what it says, and some of what it has been held to mean—particularly where government makes distinctions based on race and gender. Second, I will discuss two historical tort cases that violate equal protection on the basis of race. In doing so, I uncover the racial history of tort law that has been hidden in ...


Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda Oct 2017

Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda

Journal Articles

In the midst of the post-2016 political crisis, our role as academics is that of First Responders. In physical crises, like a fire, First Responders play an important role. They intentionally put themselves in harm’s way to fulfill an overarching purpose of helping others, even at their own risk. They strategically prepare, train, and work for years to prepare for this role in the midst of crisis. As academics who care about equality, we are First Responders.


"Sharing The Wealth": What Minorities Can Do To Help Themselves, Honorable Frank Torres Oct 2017

"Sharing The Wealth": What Minorities Can Do To Help Themselves, Honorable Frank Torres

The Catholic Lawyer

No abstract provided.


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn Oct 2017

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice Oct 2017

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery Oct 2017

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery

Northwestern Journal of Law & Social Policy

No abstract provided.


Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work? Oct 2017

Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler Oct 2017

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler

Northwestern Journal of Law & Social Policy

No abstract provided.


Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations Oct 2017

Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations

Northwestern Journal of Law & Social Policy

No abstract provided.


Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing Oct 2017

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.


“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres Oct 2017

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of ...


Material Support Laws And Critical Race Theory, Nichole M. Pace Sep 2017

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are ...


The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler Sep 2017

The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler

FIRE: Forum for International Research in Education

This study aimed at examining the pedagogical needs and challenges of children and young adults living in a refugee camp in France known as the Calais Jungle. Through the researchers’ observations and interviews with volunteer teachers and workers at the camp, insights into their perspectives shed light on the pedagogical needs of refugees. Also, utilizing Paulo Freire’s philosophical stance, this study provides a contextual approach to the educational practices and ideological viewpoints represented within unregulated refugee camp settings.


Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law Sep 2017

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Symmetry Principle, Bradley A. Areheart Sep 2017

The Symmetry Principle, Bradley A. Areheart

Boston College Law Review

Title VII provides symmetrical protection against discrimination in that both blacks and whites, and men and women may avail themselves of the law’s protections. In contrast, the Age Discrimination in Employment Act operates asymmetrically, shielding workers over the age of forty from discrimination yet offering no reciprocal protection for younger workers. Why do some antidiscrimination laws protect symmetrically while others do not? More importantly, why does this design choice matter? These are questions that scholars, courts, and legislators have generally ignored. This Article proceeds in two parts. First, it identifies symmetry as an important, yet frequently overlooked, way in ...


Lewis V. Clarke, Summer L. Carmack Sep 2017

Lewis V. Clarke, Summer L. Carmack

Public Land and Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state ...


Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq. Sep 2017

Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq.

The Catholic Lawyer

No abstract provided.


Tax Exemption And Racial Discrimination, John A. Liekweg, Esq. Sep 2017

Tax Exemption And Racial Discrimination, John A. Liekweg, Esq.

The Catholic Lawyer

No abstract provided.


The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn Sep 2017

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of ...