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Articles 1 - 30 of 108
Full-Text Articles in Law and Race
Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law
Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Law School Blogs
No abstract provided.
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz
Unconventional Methods For A Traditional Setting: The Use Of Virtual Reality To Reduce Implicit Racial Bias In The Courtroom, Natalie Salmanowitz
The University of New Hampshire Law Review
The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic associations between race and guilt, as well as impact the way in which judges and jurors interpret information throughout a trial. Despite the well-documented presence of implicit racial biases, few steps have been taken to ameliorate the problem in the courtroom setting. This Article discusses the …
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Michigan Journal of Race and Law
This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …
Fostering Resilience And Belonging In Marginalized Law Students, Carol Pauli
Fostering Resilience And Belonging In Marginalized Law Students, Carol Pauli
Carol Pauli
No abstract provided.
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Thomas W. Mitchell
May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Thomas W. Mitchell
Mitchell's study exemplifies the New Legal Realist goal of combining qualitative and quantitative empirical research to shed light on important legal and policy issues. He also demonstrates the utility of a ground-level contextual analysis that examines legal problems from the bottom up. The study tracks processes by which black rural landowners have gradually been dispossessed of more than 90% of the land held by their predecessors in 1910. Mitchell points out that despite the continuing practices that contribute to this problem, there has been very little research on the issue, and what little attention legal scholars have paid to it …
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
Thomas W. Mitchell
This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones
Samuel V. Jones
Because of intensifying civil strife over the recent killings of unarmed Black men, women, and boys, many Americans are wondering, “What's wrong with our police?” Remarkably, one of the most compelling but unexplored explanations may rest with an FBI warning of October, 2006, which reported that “[W]hite supremacist infiltration of law enforcement” represented a significant national threat.
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
Seattle University Law Review
When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These …
Confronting Race And Collateral Consequences In Public Housing, Ann Cammett
Confronting Race And Collateral Consequences In Public Housing, Ann Cammett
Seattle University Law Review
Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of …
Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky
Law School Blogs
No abstract provided.
"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb
"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb
Nevada Law Journal
No abstract provided.
The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello
University of Miami Business Law Review
No abstract provided.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
University of Miami Business Law Review
No abstract provided.
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
University of Miami Business Law Review
No abstract provided.
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
University of Miami Business Law Review
No abstract provided.
It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell
University of Miami Business Law Review
No abstract provided.
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
University of Miami Business Law Review
No abstract provided.
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
Seattle University Law Review
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever since …
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
Seattle University Law Review
The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated—like human …
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Seattle University Law Review
The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth Amendment applies to …
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
Seattle University Law Review
Child support enforcement is one of several contemporary contexts in which the state threatens to incarcerate people if they fail to work. This symposium essay explores whether this practice violates the Thirteenth Amendment’s ban on involuntary servitude. At first glance, such threats fall squarely within the ambit of the early 20th century peonage cases. There, the Supreme Court struck down criminal enforcement of legal obligations to work off a debt. Several modern courts have declined to reach a similar conclusion when child support enforcement puts obligors to a choice between paying, working, and going to jail. To do so, these …
Slave Contracts And The Thirteenth Amendment, John C. Williams
Slave Contracts And The Thirteenth Amendment, John C. Williams
Seattle University Law Review
The Thirteenth Amendment—the commandment that “neither slavery nor involuntary servitude . . . shall exist within the United States”— did not truly eradicate incidents of slavery. This is hardly a controversial point. The postwar emergence of the Black Codes—laws meant to confine African Americans’ ability to rent, travel, and live as free humans would expect to—ensured that slavery’s conditions continued unabated. The Amendment itself permits slavery to exist “as a punishment for crime whereof the party shall have been duly convicted.” Still, did the Thirteenth Amendment not abolish the most fundamental characteristic of chattel slavery—the ability to trade in and …
Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King
Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King
Dissertations
Historical racial segregation within Mississippi’s public universities and colleges has led to litigation that spanned 25 years and eventually led to sweeping changes in policies and practices. Among these changes were the standardization of admission criteria and the creation of the Summer Developmental Program (SDP). This study sought to better understand the intentions and motives behind the creation and implementation of the SDP at all of the four-year public institutions in Mississippi stemming from the United States v. Fordice (1992) higher education desegregation case. This study compared retention and graduation rates of SDP participants to non-SDP participants from the first …
Foreword: Innocent Until Proven Poor, Sara Zampierin
Foreword: Innocent Until Proven Poor, Sara Zampierin
Michigan Journal of Race and Law
One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.
The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander
The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander
Michigan Journal of Race and Law
The unprecedented rise in the number of people held in U.S. jails and prisons has garnered considerable attention from policy makers, activists, and academics alike. Signaled in part by Michelle Alexander’s New York Times bestseller, The New Jim Crow, and the unlikely coalition of activists, policy makers, celebrities, and business leaders on both sides of the political aisle who have pledged to end mass incarceration in our lifetime, the prison system has returned to public policy discourse in a way that was unforeseen less than a decade ago. On any given day in 2014, just over 2.3 million people were …