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On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh Oct 2019

On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh

Reginald Oh

Oh describes this essay as a critique of constitutional and political discourse on "race" and argues that current equal protection doctrine operates under a conception of race that undermines rather than moves forward the goal of achieving racial equality. That understanding defines race solely or primarily as a physical trait or characteristic, and unjustifiably rejects other, more robust notions of race. He argues that the notion of race as physical trait is inconsistent with the historical understanding of race that served as the basis for the Reconstruction Amendments. A careful examination of nineteenth and early twentieth century court decisions, decisions ...


Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh Oct 2019

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh

Reginald Oh

This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system ...


'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 ...


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 ...


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 ...


The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis May 2018

The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis

Publications & Research

Overwhelmingly, black folks have close encounters on a regular basis with being marginalized, insulted, dismissed and discriminated against. It is the natural consequence of still being considered little more than a Negro in this country. Especially for the “Exceptional Negroes.” But, as we will see, the truth is that even with our exceptionalism, we are still just “Negroes” to white America and in case we forget that, they will swiftly remind us.


Racism And Impeachment Power, John M. Greabe Jan 2018

Racism And Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] “Does racism constitute a legitimate basis for removing a president? More generally, what is the scope of Congress's removal power?

”In all but the most extraordinary circumstances, the remedy for incompetent political leadership -indeed, even abhorrent political leadership lies in the next election. But the Constitution does provide Congress with tools to remove certain federal officeholders between elections.”


The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin Jan 2018

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

Faculty Scholarship at Penn Law

The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live ...


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 ...


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

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

Faculty Scholarship at Penn Law

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 Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright Jan 2017

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks ...


Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe Sep 2015

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical ...


Institutionalized Racism And The Death Penalty, Ashleigh Ellis May 2015

Institutionalized Racism And The Death Penalty, Ashleigh Ellis

Student Scholar Symposium Abstracts and Posters

Overtime, support for capital punishment has evolved. Compared to previous decades, support has changed amongst different variables such as: age, race, gender, and political perspective; therefore, today, these variables have changed the amount of support for it. For example, as of today, 6 states have repealed the death penalty with New Jersey being the first in 2007 to do so in 40 years. As memories of Jim Crow and the Civil Rights era have faded due to generational replacement, American society today still has this racial gap, however it is due to this racial resentment or symbolic resentment that the ...


U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek Mar 2015

U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek

Alev Dudek

In spite of the steady decline in violent crimes, law enforcement in the U.S.A. is becoming significantly more violent. Compared to other developed countries, such as Germany or Great Britain, disproportionately more arrest-related deaths occur in the U.S. Additionally, in the treatment of suspects, a racial disparity is evident; disproportionately more black males get killed by white police officers. Political exploitation of “crime” and militarization of law enforcement are factors that contribute to the status-quo and may explain why most arrest-related killings by the police are not a result of attempting to disrupt crime, but in defense ...


How 'Duty To Retreat' Became 'Stand Your Ground', Jeffrey Bellin Mar 2012

How 'Duty To Retreat' Became 'Stand Your Ground', Jeffrey Bellin

Popular Media

No abstract provided.


On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh Jan 2009

On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh

Law Faculty Articles and Essays

Oh describes this essay as a critique of constitutional and political discourse on "race" and argues that current equal protection doctrine operates under a conception of race that undermines rather than moves forward the goal of achieving racial equality. That understanding defines race solely or primarily as a physical trait or characteristic, and unjustifiably rejects other, more robust notions of race. He argues that the notion of race as physical trait is inconsistent with the historical understanding of race that served as the basis for the Reconstruction Amendments. A careful examination of nineteenth and early twentieth century court decisions, decisions ...


Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie Mar 2007

Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rebecca Tsosie, Professor of Law, Arizona State University

1 page.


Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh Mar 2006

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh

Law Faculty Articles and Essays

This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system ...


Trends. Personnel Security And Counterintelligence: No Evidence Of Racial Bias As Racism, Editor Aug 2001

Trends. Personnel Security And Counterintelligence: No Evidence Of Racial Bias As Racism, Editor

International Bulletin of Political Psychology

This article discusses the concepts of race and racial bias in the context of espionage investigations carried out by the US Department of Energy (DOE) and the US Federal Bureau of Investigation (FBI).


Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Editor Oct 2000

Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Editor

International Bulletin of Political Psychology

This article discusses issues surrounding the actions of Mr. Wen Ho Lee in the context of espionage, treason, and national security as well as racial profiling and the problems with conducting counterintelligence.


Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans Nov 1993

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller ...