Law and Race Commons^™

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.

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

This Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple …

Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Sikhism is the fifth largest religion in the world, with approximately thirty million followers of the faith worldwide. It is a monotheistic faith that teaches honesty, compassion, humility, universal equity, and respect for all religions. Since the 1984 genocide of Sikhs in India, many followers of the faith have immigrated to Western countries in hopes of “the American dream” and the prospect of freely practicing their faith. But as a devastating response to the tragedy of 9/11, members of the Sikh community living in the United States have become victims of hate crimes, workplace discrimination, school bullying, and …

Racial Bias And Death Penalty Cases: A Soar Analysis Of Post-Conviction, Ashley Mcilvaine

Senior Capstone Papers

Racial discrimination is a far-reaching issue that adversely impacts individuals, groups, and communities across multiple domains. It is defined by the Equality and Human Rights Commission as being treated differently because of one’s race. For decades, discriminatory policies have been codified into institutional processes which disadvantage people of color. This is particularly evident in the criminal justice system. Examples of practices that disproportionately impact intentionally marginalized populations include issues of excess force and police brutality, sentencing disparities for minor offenses or drug charges, and state sanctioned capital punishment. While these forms of discrimination are often labeled as explicit and overt …

Muslim Prisoner Litigation: An Unsung American Tradition (Introduction), Spearit

Book Chapters

For most Americans, “prison jihad” may sound frightening and conjure images of religious militants, bearded, turbaned, and under the spell of foreign radical networks…. While this may be the immediate impression, there is nothing like that happening in American prisons. However, there has been a different type of jihad taking place, one that is real and identifiable. This is not the sensational jihad of headline media; rather, this jihad is uneventful and quiet by comparison and has persisted since the 1960s with hardly any public notice.

Despite little attention and recognition, Muslims in prison occupy a unique spot in the …

Integrating Feminist Approaches In Counseling Work With Adult Women, Kristen M. Toole

Adultspan Journal

The scope of ‘women’s issues’ in counseling is an ever-evolving landscape. Recent events such as the reversal of Roe v. Wade and the disproportionate impact of COVID-19 on women serve as powerful reminders of the necessity of this focus while underscoring a deep-rooted history of oppressive patriarchal structures. Therefore, counselors must remain informed of the unique considerations surrounding adult women in counseling and acquire proficiency in versatile techniques to meet this population’s nuanced needs. This article examines the complexity of contemporary womanhood and explores the fundamentals of Feminist Counseling Theory (FCT), a holistic, multiculturally conscious, social justice theory in counseling. …

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

Articles

In The Racial Muslim: When Racism Quashes Religious Freedom, Sahar Aziz unveils a mechanism that perpetuates the persecution of religion. While the book’s title suggests a problem that engulfs Muslims, it is not a new problem, but instead a recurring theme in American history. Aziz constructs a model that demonstrates how racialization of a religious group imposes racial characteristics on that group, imbuing it with racial stereotypes that effectively treat the group as a racial rather than religious group deserving of religious liberty.

In identifying a racialization process that effectively veils religious discrimination, Aziz’s book points to several important …

Affirmatively Furthering Health Equity, Mary Crossley

Articles

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …

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, …

Color Of Creatorship - Author's Response, Anjali Vats

Articles

This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …

Wrongfully Charged, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

On January 10, 2020, a San Francisco Superior Court judge, at the request of a San Francisco Police officer, issued an arrest warrant in connection with a residential burglary. Mot. Suppress Evid. Off’d Against Def. Prelim. Hr’g, 6:1-2. The warrant listed suspects to be arrested and described a residence in Oakland that was to be searched. Id. at 3:5-13. The San Francisco Police Department sent a special operations unit to execute the warrant. Id. at 10:13-22. When the officers arrived at the house, they found the suspect as well as other individuals in the house.

One of those individuals was …

Mandatory Minimums Require A Much-Needed Facelift, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Hamedah Hassan was an overall upstanding member of our society until she became a victim of her extenuating circumstances. When Hamedah was 21 years old, she made a brave choice to flee from an extremely abusive relationship with her two children. At the time, Hamedah’s only option was to seek refuge at her cousin’s house. However, Hamedah’s cousin was dealing crack cocaine and soon roped her into running errands for his drug business. After two years of being involved in the drug business, Hamedah decided to return to her hometown as she wanted to earn an honest living for herself …

Control, Allegiance, And Shame In Male Qing Dynasty Hairstyles, Carolle Pinkerton

Dissertations, Theses, and Capstone Projects

This thesis is about the politicization of hairstyles in imperial China. They indicated conformity with social norms, or rebellion against them. This was especially true under the country’s last dynasty. The Manchu conquerors imposed their own hairstyle, the queue, on their Han Chinese subjects to make their rule palpable to China’s illiterate millions. “Hair martyrs” who refused to accept this “barbarous” hairstyle were ruthlessly eliminated. The Manchus had feared assimilation into the much larger Han population. But the introduction of one uniform male hair style for both Manchus and Han blurred the lines between the two groups. In this way …

Leases As Forms, David A. Hoffman, Anton Strezhnev

All Faculty Scholarship

We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently available online …

"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson

Faculty Articles

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and facially neutral policies. Similar practices maintained racial hierarchy with respect to White, Latinx, and Asian-American populations in the western United States. While most state action no longer explicitly discriminates on the basis of race, anticrime policy remains a powerful instrument of racial subordination. Indeed, social …

Honor Thyself, Alonzo O. Williams

Dance (MFA) Theses

The black male experience and identity in America are filled with complexity. We struggle to know ourselves. We work to see the way of love and the peace of an unviolated free spirit. We want to engage with ourselves with the highest degree of freedom and comfort, not to continue to question our identity in a life-threatening white patriarchal masculinity ideal. Honoring oneself from the lenses of the Reconstruction era of the United States is essential. Reconceptualizing this history explores the significance of emphasizing Reconstruction in my life as a black male to go through a process of self-discovery and …

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.

The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins

2022 Symposium

The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …

Reframing Hate, Lu-In Wang

Articles

The concept and naming of “hate crime,” and the adoption of special laws to address it, provoked controversy and raised fundamental questions when they were introduced in the 1980s. In the decades since, neither hate crime itself nor those hotly debated questions have abated. To the contrary, hate crime has increased in recent years—although the prominent target groups have shifted over time—and the debate over hate crime laws has reignited as well. The still-open questions range from the philosophical to the doctrinal to the pragmatic: What justifies the enhanced punishment that hate crime laws impose based on the perpetrator’s motivation? …

White Vigilantism And The Racism Of Race-Neutrality, Christian Sundquist

Articles

Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This Article critiques the doctrine of race-neutrality by examining the law’s response to white vigilantism in the much-publicized criminal trials of Kyle Rittenhouse and that of Ahmaud Arbery’s assailants.

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Rise Of Police Unions On The Back Of The Black Liberation Movement, Ayesha Bell Hardaway

Connecticut Law Review

Police unions have garnered the attention of the media and some scholars in recent years. That attention has often focused on exploring the seemingly inexplicable and routine power police unions have to shield problem officers from accountability. This Article shows that police union power did not surreptitiously arrive on the doorsteps of American cities. Instead, collective bargaining rights for law enforcement began to gain firm footing during the 1960s as white Americans remained committed to preserving their place in the nation’s racial hierarchy as it related to housing, jobs, education, and entertainment. Existing legal scholarship has successfully highlighted the depth …

The Racial Politics Of Fair Use Fetishism, Anjali Vats

Articles

This short essay argues that the sometimes fetishistic desire on the part of progressive intellectual property scholars to defend fair use is at odds with racial justice. Through a rereading of landmark fair use cases using tools drawing from Critical Race Intellectual Property (“CRTIP”), it contends that scholars, lawyers, judges, practitioners, and activists would be well served by focusing on how fair use remains grounded in whiteness as (intellectual) property. It argues for doing so by rethinking the purpose of the Copyright Act of 1976 to be inclusive of Black, Brown, and Indigenous authors.

Race-Specific, State-Specific Covid-19 Vaccination Rates Adjusted For Age, Elizabeth Wrigley-Field, Kaitlyn M. Berry, Govind C. Persad

Sturm College of Law: Faculty Scholarship

The authors provide the first age-standardized race/ethnicity-specific, state-specific vaccination rates for the United States. Data encompass all states reporting race/ethnicity-specific vaccinations and reflect vaccinations through mid-October 2021, just before eligibility expanded below age 12. Using indirect age standardization, the authors compare racial/ethnic state vaccination rates with national rates. The results show that white and Black state median vaccination rates are, respectively, 89 percent and 76 percent of what would be predicted on the basis of age; Hispanic and Native rates are almost identical to what would be predicted; and Asian American/Pacific Islander rates are 110 percent of what would be …

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …