Law and Race Commons^™

Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie

Class, Race and Corporate Power

A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.

Focusing on the Act, this review examines whether or how race within the …

Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez

Journal of Critical Race and Ethnic Studies

No abstract provided.

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

Journal of Critical Race and Ethnic Studies

No abstract provided.

Behind Bars: An Analysis Of The Incarceration Of Black Americans, Tommy A. Valente

Tenor of Our Times

In this study, I attempt to explain the disproportionate incarceration rates which exist in the United States. The black American are incarcerated at a significantly higher rate than any other ethnic group in the country. I hypothesize single parent households and poor public education systems will have significant influences on incarceration rates. For this study I run an OLS regression and use data from all fifty states between 2019-2020. I use seven independent variables in this study: ACGR score, GDP per capita, unemployment rate, percent of births to unmarried women, homicide rate, population, and political party affiliation of a state. …

Depaul Digest

DePaul Magazine

College of Education Professor Jason Goulah fosters hope, happiness and global citizenship through DePaul’s Institute for Daisaku Ikeda Studies in Education. Associate Journalism Professor Jill Hopke shares how to talk about climate change. News briefs from DePaul’s 10 colleges and schools: Occupational Therapy Standardized Patient Program, Financial Planning Certificate program, Business Education in Technology and Analytics Hub, Racial Justice Initiative, Teacher Quality Partnership grant, Intimate Partner Violence and Brain Injury collaboration, School of Music Career Closet, Sports Photojournalism course, DePaul Migration Collaborative’s Solutions Lab, Inclusive Screenwriting courses. New appointments: School of Music Dean John Milbauer, College of Education Dean Jennifer …

Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter

Michigan Journal of Race and Law

“African people have produced the same general types of institutions for understanding and ordering their worlds as every other group of human beings. Though this should be obvious, the fact that we must go to great lengths to recognize and then demonstrate it speaks to the potent and invisible effect of the enslavement and colonization of African people over the last 500 years.” – Greg Carr

Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton

American Indian Law Journal

Universities as quasi-cities have an obligation to reflect on their educational mission, and public universities have a responsibility to Native America through the unique federal trust responsibility owed to Native Nations by the federal government. The naming of buildings and transitioning to responsible adulthood requires universities, administrators, and students to reflect on who we were, who we are now, and whom we hope to be. Collaborative efforts to work with Native Nations should be undertaken with regard to naming issues.

Sovereigns possess power to control historical narratives and outcomes through their sovereign power to (1) name geographical places; (2) protect …

Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius

VA Engage Journal

Racial discrimination and inequality have perpetuated within the U.S. since its inception. In 2016, Colin Kaepernick initiated the national anthem protests to oppose the oppression of people of color in America. This study was developed in 2018 to identify social determinants of health underlying discriminatory beliefs and behaviors. The objective was to investigate the impacts of college students’ race, gender, political ideology, socio-economic status [SES], NFL interest, patriotism, and general protest support on support for the national anthem protests. We administered paper-and-pencil surveys across locations on the James Madison University campus using a convenience sample. There were 408 participants included, …

Death By A Thousand Cuts? Green Tech, Traditional Knowledge, And Genocide, Regina Menachery Paulose

Genocide Studies and Prevention: An International Journal

Traditional Knowledge is a system of knowledge that is passed down through generations of Indigenous and Ethnic Minority Peoples throughout the world. A subset of Traditional Knowledge is Traditional Ecological Knowledge. These knowledge systems are incorporated throughout various international instruments and are considered vital to ways of life for Indigenous and Ethnic Minority Peoples. The author examines the elimination of Traditional Knowledge as a result of green technology. With discussions surrounding ways to obtain “net zero” in response to climate change, the author (re)introduces the notion that the irresponsible push for carbon zero technologies has a horrendous impact on the …

The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean

Merge

Using The Hairstons: An American Family in Black and White, along with additional scholarly research and legal documentation for context, explores the ramifications and reasonings behind the creation and enforcement of anti-miscegenation laws. The primary individuals focused on suggest that anti-miscegenation laws were enacted for reasons outside of marriage's status as a union between two individuals. Social status, property inheritance, and even voting rights were denied to African Americans via the vehicle of anti-miscegenation laws. Just as other antebellum laws served to advance the agendas of the time, anti-miscegenation laws were no different. And the specific stories elaborated on …

Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson

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

This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …

How Racism Persists In Its Power, Deborah N. Archer

Michigan Law Review

A Review of The Fire Next Time. By James Baldwin.

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

Our Silence Will Not Protect Us . . . And Neither Will J. Edgar Hoover: Reclaiming Critical Race Theory Under The New Mccarthyism, Christina Hsu Accomando, Kristin J. Anderson

Humboldt Journal of Social Relations

The right-wing attack against critical race theory is the latest manufactured panic designed to whip up supporters of a party beholden to Donald Trump. Since late 2020, hundreds of measures have been introduced across the U.S. to ban antiracism education, critical race theory, the 1619 Project, and any understanding of racism as systemic and embedded in U.S. history and law. While an understandable reaction of educators is to declare that they are not teaching critical race theory, our position is to reclaim critical race theory for the powerful lens it offers in understanding the history of the U.S., the protracted …

Law In The Shadows Of Confederate Monuments, Deborah R. Gerhardt

Michigan Journal of Race and Law

Hundreds of Confederate monuments stand across the United States. In recent years, leading historians have come forward to clarify that these statues were erected not just as memorials but to express white supremacist intimidation in times of racially oppressive conduct. As public support for antiracist action grows, many communities are inclined to remove public symbols that cause emotional harm, create constant security risks and dishonor the values of equality and unity. Finding a lawful path to removal is not always clear and easy. The political power brokers who choose whether monuments will stay or go often do not walk daily …

The Alt-Right Movement And National Security, Matthew Valasik, Shannon E. Reid

The US Army War College Quarterly: Parameters

Identifying the January 6 insurrection at the US Capitol as an inflection point, this article analyzes the historical relationship between White supremacy and the US military from Reconstruction after the Civil War to the present. The article posits causes for the disproportionate number of current and former members of the military associated with White power groups and proposes steps the Department of Defense can take to combat the problems posed by the association of the US military with these groups.

More Than Hungry: How Political Narratives Built & Maintain Hunger In The United States, A. Camille Karabaich

William & Mary Journal of Race, Gender, and Social Justice

This Note aims to examine the role of the legal system in creating and maintaining hunger in the United States. Through this lens, the Note discusses the shift necessary to support specific legal interventions to end hunger. This Note begins by discussing how hunger was built in the United States through policies regarding land, housing, incarceration, and food, and the narratives that allowed these policies to flourish. These policies created hunger by creating pockets of poverty and disempowerment. Although many individuals and organizations donate their time, money, and energy to support local food banks, soup kitchens, and free school meal …

Close Encounters: Mass Incarceration Tactics, Kevin L. Jones

The Journal of Faith, Education, and Community

As a Black man living in America, my Christian faith walk began at an early age. Growing up in a suburban environment, I had several encounters with law enforcement that shaped my belief system. These encounters were and still are a stark reminder that Black boys and men are under attack. Policing negatively impacts Black boys and men when compared to other races of people. I realized that I was in their cross hairs and I was almost consumed by the criminal justice system on many occasions. Through the lens of Critical Race Theory, this work focused on the centrality …

Greedy Bat Eaters Versus Cruel Pig Killers: The Lose-Lose Battle Of Divisive Discourse, Angela Lee

Animal Studies Journal

Unsurprisingly, the circumstances and challenges brought about by the COVID-19 pandemic have generated strong reactions. Among the more notable, Canadian musician and animal activist Bryan Adams made headlines when he went on a tirade on social media denouncing ‘fucking bat eating, wet market animal selling, virus making greedy bastards’ and advocating for veganism. This article uses this incident as a prism through which to examine the values and assumptions informing some of the central debates within the mainstream animal advocacy movement today. Certainly, there is an urgent need for a critical re-evaluation of the policies and practices that have created …

Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito

Michigan Journal of Race and Law

Stories matter. They matter to those intent on maintaining structures of power and privilege, and to those being crushed by those structures. In the United States, the space to tell, and to hear, our stories has been expanding. This means that the histories and lived realities of those who have been excluded, particularly people of color, are seeping into mainstream discourse, into the books our children read, the movies and television shows they watch, and the many websites comprising social media. Critical race theory has played a role in this expansion. It insists that we recognize the legitimacy of the …

Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay

Northwestern Journal of Law & Social Policy

This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd

Indiana Journal of Law and Social Equality

No abstract provided.

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

In The Dark – Pushing The Boundaries Of True Crime, Sharon Davis

RadioDoc Review

True crime podcasts are a burgeoning genre. As journalists and storytellers, how do we balance the pursuit of justice and our responsibility to the victims with the demand to tell a gripping tale? As listeners, are we using the pain of others for our own entertainment? In the Dark podcast (Seasons 1 and 2) takes us beyond a vicarious fascination with true crime stories into a forensic and essential look at deep-rooted biases, corruption and systemic failures that prevent justice from being served.

The first season (2016) investigates the 1989 kidnapping, sexual assault and murder of 11-year-old Jacob Wetterling In …

Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang

Northwestern Journal of Law & Social Policy

The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation’s pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic racism and sustained racial caste. While immigration law currently affords minimal legal protections for these children, in application, the law continues to fall egregiously short of providing for the safety of unaccompanied children. Though critics have long attested to the legal system’s neglect of unaccompanied children, subsequent legal analysis …