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Full-Text Articles in Law and Race

Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond Sep 2020

Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law Aug 2020

Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson Jun 2020

The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson

University of Miami Law Review

As the federal appeals court with jurisdiction over Florida and Alabama—two leaders in capital punishment in the United States—the Eleventh Circuit reviews several claims each year related to capital punishment. Florida is home to one of the largest death row populations in the country. Thus, understanding Florida’s capital sentencing scheme is important for understanding capital punishment nationwide.

This Article analyzes the empirical demographics of Florida’s death row population and reviews how defendants are sentenced to death and ultimately executed in Florida. The analysis reveals that although age is not a factor upon which murder/manslaughter defendants ...


Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams Jun 2020

Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Although women of color experience high rates of harassment and assault, they have largely been left at the margins of the #MeToo movement, in terms of (1) the online conversation; (2) traditional social movement activity occurring offline; and (3) resulting legal activity. This article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


Less Talk, More Action: How Law Schools Can Counteract Racial Bias Of Lsat Scores In The Admissions Process, Latasha Hill Jun 2020

Less Talk, More Action: How Law Schools Can Counteract Racial Bias Of Lsat Scores In The Admissions Process, Latasha Hill

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh May 2020

The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh

Boston College Law Review

Anita Bernstein argues that the common law gives women, too, the right to say no to what they do not want. She demonstrates that the common law is a far-reaching defense of condoned self-regard, a system that allows individuals to place their own interests above the interests of others, particularly when seeking to exclude others. She, therefore, places in the common law a right to protection from rape and a near-absolute right to expel a pregnancy. Bernstein reasons that women’s exclusion from the common law right to say no was a mistake produced by their absence from the judiciary ...


Re-Reading Anita Bernstein's The Common Law Inside The Female Body From The Bottom Of The Well: Analysis Of The Central Park Five, Border Drownings, The Kavanaugh Confirmation, And The Coronavirus, Nadia B. Ahmad May 2020

Re-Reading Anita Bernstein's The Common Law Inside The Female Body From The Bottom Of The Well: Analysis Of The Central Park Five, Border Drownings, The Kavanaugh Confirmation, And The Coronavirus, Nadia B. Ahmad

Boston College Law Review

This Article provides a critique of the common law based on its impact on “the legal other” or what the late Professor Derrick Bell viewed as the faces from the bottom of the well. Professor Anita Bernstein notes common law’s liberatory capacity. While this interpretation of the common law is true to a certain extent, this reading can lead to an underestimation of the common law’s limitations. In looking at the case involving the Central Park Five, I argue that feminist jurisprudence can have an unintended disparate impact on vulnerable populations. Examples of migrant detention facilities and precarious ...


Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams May 2020

Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

This paper contextualizes the struggles and contributions of Black motherhood and reproductive justice under police surveillance in Baltimore, Maryland. We conducted semi-structured interviews with mothers regarding their experiences and perceptions of policing in their community during the aftermath of the police-involved death of Freddie Gray. While the literature disproportionately focuses on Black males, little knowledge is known about the struggles and contributions of Black mothers in matters concerning police brutality and the fight against institutional violence. There still remains the question regarding the role of and impact on Black mothers during matters of institutional violence against Black children. We fill ...


Identity: Obstacles And Openings, Osamudia R. James Apr 2020

Identity: Obstacles And Openings, Osamudia R. James

SMU Law Review Forum

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Mar 2020

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of certification than all-Republican panels—early triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated ...


Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson Jan 2020

Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson

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

No abstract provided.


The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen Jan 2020

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.


Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd Jan 2020

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.


O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt Jan 2020

O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt

Indiana Journal of Law and Social Equality

No abstract provided.


Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd Jan 2020

Children's Equality: The Centrality Of Race, Gender, And Class, Nancy E. Dowd

UF Law Faculty Publications

Hierarchies among children dramatically impact their development. Beginning before birth, and continuing during their progression to adulthood from birth to age 18, structural and cultural barriers separate and subordinate some children, while they privilege others. The hierarchies replicate patterns of inequality along familiar lines, particularly those of race, gender, and class, and the intersections of those identities. These barriers, and co-occurring support of privilege for other children, emanate from policies, practices, and structures of the state, including education, health, policing and juvenile justice, and limited social welfare. Reimagining Equality: A New Deal for Children of Color takes on the task ...


Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff Jan 2020

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

Articles

Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by ...


Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth Jan 2020

Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth

Articles

No abstract provided.


#Metoo And Mass Incarceration, Aya Gruber Jan 2020

#Metoo And Mass Incarceration, Aya Gruber

Articles

This Symposium Guest Editor’s Note is an adapted version of the Introduction to The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (UC Press 2020). The book examines how American feminists, in the quest to secure women’s protection from domestic violence and rape, often acted as soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting incarceration, and diverting resources toward law enforcement and away from marginalized communities Today, despite deep concerns over racist policing and mass incarceration, many feminists continue to assert ...


The Troubling Alliance Between Feminism And Policing, Aya Gruber Jan 2020

The Troubling Alliance Between Feminism And Policing, Aya Gruber

Articles

No abstract provided.


Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman Jan 2020

Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley Jan 2020

Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley

Articles

Human rights treaties and American constitutional law recognize decisions about reproduction as central to human dignity. Historically and today, Black women and women with disabilities have endured numerous impairments of their freedom to form and maintain families. Other scholars have examined these barriers to motherhood. Unexplored, however, are parallels among the experiences of women in these two groups or the women for whom Blackness and disability are overlapping identities. This Article fills that void. The disturbing legacy of the Eugenics movement is manifest in many settings. Black and disabled women undergo sterilizations at disproportionately high rates. Public benefit programs discourage ...


"We Deserve Support And Liberation Instead": Analyzing New York City's Legal Responses To Sex Work 1994-2020, Eleanor Mammen Jan 2020

"We Deserve Support And Liberation Instead": Analyzing New York City's Legal Responses To Sex Work 1994-2020, Eleanor Mammen

Scripps Senior Theses

This thesis analyzes New York City's legal responses to sex work from 1994-2020, by tracing the rhetoric and consequences of quality-of-life policing, the Human Trafficking Intervention Courts, and the newly formed coalition Decrim NY, which seeks to decriminalize sex work in New York City. The paper argues for a turn away from the rigid dichotomy between victimization and criminalization, and for a rhetorical and political turn towards the prison abolitionist possibilities of decriminalization.


Identity: Obstacles And Openings, Osamudia R. James Jan 2020

Identity: Obstacles And Openings, Osamudia R. James

Articles

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.


In Memory Of Professor James E. Bond, Janet Ainsworth Jan 2020

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd Jan 2020

Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd

UF Law Faculty Publications

It is the ultimate gift to have one’s work trigger feedback, critique and challenge that expands and deepens the project. Professors Cooper, Huntington, McGinley, Silbaugh, and Woodhouse all have been sources of inspiration for me; their Articles and Essays in response to Reimagining Equality contribute both to my thinking and to the core focus of the book, the well-being, development and equality of all children, but also to the broad focus of this special issue on children and poverty. I am particularly grateful for their challenges and critiques, and their shared focus on the strategies I explore in the ...


In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb Dec 2019

In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton Dec 2019

Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

Faculty Publications

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs ...


Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden Nov 2019

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes Nov 2019

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.