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Full-Text Articles in Law and Race

Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie Oct 2019

Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie

Conference: The Social Practice of Human Rights

The built urban environment is the product of more than a century of policy decisions that have both intentionally discriminated and have had the effect of discriminating, against African Americas, immigrants, the work class, low income individuals and other undesirables. While more than fifty years have passed since the passage of civil rights legislation in the United States, individuals in today’s cities are living out our discriminatory legacy.

In Dayton, Ohio, a new movement has risen from the community to disrupt the legacy of de jure and de facto discrimination by the collaborative efforts of the impactive individuals, neighborhood ...


Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby Oct 2019

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

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

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this ...


Challenging Voting Rights And Political Participation In State Courts, Irving Joyner Oct 2019

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

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

Abstract forthcoming


Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather Oct 2019

Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather

St. Mary's Law Journal

Abstract forthcoming


The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas Sep 2019

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Contract Rights And Civil Rights, Davison M. Douglas Sep 2019

Contract Rights And Civil Rights, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Sep 2019

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas Sep 2019

Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas Sep 2019

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas Sep 2019

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Documenting Legal Protection Of Indigenous Forests In Realizing Indigenous Legal Community Rights In Jambi Province, Helmi Helmi, Hafrida Hafrida, Fitria Fitria, Johni Najwan Sep 2019

Documenting Legal Protection Of Indigenous Forests In Realizing Indigenous Legal Community Rights In Jambi Province, Helmi Helmi, Hafrida Hafrida, Fitria Fitria, Johni Najwan

Library Philosophy and Practice (e-journal)

Inauguration for the establishment of customary forests is a form of legal protection for the right management of indigenous people in Indonesia included in Jambi Province. The Forestry Law and government regulations as derivative products do not mention the legal form of establishing customary forests in Indonesia. While the Minister of Environment and Forestry's Regulation on Social Forestry, Forest Rights, Recognition and Protection of Local Wisdom in the Management of Natural Resources and the Environment confirms the legal form are called as the minister's decree. When it is associated with the nature of regional autonomy in accordance with ...


Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke Sep 2019

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

All Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

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

Sean Farhang

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 precedential lawmaking on class certification under Rule 23. We find that the partisan 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 more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

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 precedential lawmaking on class certification under Rule 23. We find that the partisan 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 more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


“I Almost Quit”: Exploring The Prevalence Of The Ferguson Effect In Two Small Sized Law Enforcement Agencies In Rural Southcentral Virginia, Joshua L. Adams Jul 2019

“I Almost Quit”: Exploring The Prevalence Of The Ferguson Effect In Two Small Sized Law Enforcement Agencies In Rural Southcentral Virginia, Joshua L. Adams

The Qualitative Report

Recent negatively publicized police-citizen interactions in the media, followed by a subsequent de-policing of police in the United States, has been named the Ferguson Effect. The Ferguson Effect has been explored by prominent scholars in the criminal justice community; however, little is known about how police officers in small rural police agencies perceive the Ferguson Effect. The purpose of this qualitative phenomenological study was to explore the perceptions and lived experiences of police officers regarding the Ferguson Effect in small rural police agencies, as well as police officers’ perceptions of their own organizational justice. Organizational justice theory was utilized as ...


The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers Jun 2019

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that ...


Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr. Jun 2019

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a ...


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills Jun 2019

'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 ...


Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton Jun 2019

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

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

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles ...


The Influence Of Testifier Type And Race On Jury Decision Making, Zandria Redding May 2019

The Influence Of Testifier Type And Race On Jury Decision Making, Zandria Redding

Electronic Theses & Dissertations Collection for Atlanta University & Clark Atlanta University

The current study examined the relationship of testifier type (expert, character witness) and race. Fifty-three participants were selected via convenience sampling to read four scenarios and answer a series of questions regarding the guilt or innocence of the defendant in each scenario. The scenarios included the absence or presence of racial identifiers and the presence of either a character witness or the testimony of an expert. It was hypothesized that the scenario with the presence of expert testimony will yield more guilty verdicts as well as the effectiveness of the testimony will cause a participant to yield a guiltier verdict ...


Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal May 2019

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Laura R. McNeal

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.


Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi May 2019

Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi

Criminal Justice

This study investigates the relations between citizens’ perceptions of how police misconduct as a factor contributing to wrongful convictions is connected to attitudes towards police legitimacy. I hypothesized that there would be a negative correlation between the two variables such that the more individuals believe police error contributes to wrongful convictions, the less legitimate they perceive the police to be. I also examined how citizens’ race affects these perceptions and attitudes, too, and hypothesized that Black citizens are more likely than White citizens to believe police error leads to wrongful conviction and mistrust the police. To test the hypotheses data ...


Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal Apr 2019

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Cedric M. Powell

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.


The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, Cedric Merlin Powell Apr 2019

The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, Cedric Merlin Powell

Cedric M. Powell

Disrupting traditional conceptions of structural inequality, state decision making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman, Jr.’s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler’s evocative and transformative book, Chokehold. While both books grapple with how to dismantle the structural components of mass incarceration, state legitimized police violence against Black bodies, and how policy functions to reify oppressive state power, the approaches espoused by Forman and Butler are analytically distinct. Forman locates his analysis in the dynamics of decision-making power when African American officials ...


Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal Apr 2019

Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal

Dissertations

Purpose: The purpose of this qualitative phenomenological study was to describe citizen perceptions of the impact of community policing in 2 selected, ethnically diverse, low-income communities that have national safety ratings between 0% and 25%. The study explored the 8 pillars of community policing: partnerships, problem solving, procedural fairness, proscribed scope, protection, professionalism, purpose, and principles and their impact on citizens’ perception of their local law enforcement agencies.

Methodology: The study was qualitative with a phenomenological approach to research.

Findings: Findings from this study revealed that examination of study participant interviews, observations, and artifacts resulted in 22 themes and 689 ...


Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell Apr 2019

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

Dickinson Law Review

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 ...


Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom Apr 2019

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.


"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael Apr 2019

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.


A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore Mar 2019

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Gabriel Rubin

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9 ...


How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera Mar 2019

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

Honors Theses, University of Nebraska-Lincoln

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 ...