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Full-Text Articles in Law and Race

White Parents Searching For White Public Schools, Ezra Rosser Nov 2020

White Parents Searching For White Public Schools, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

The New White Flight makes two significant contributions to our understanding of race and education. First, it argues that white parents chose to send their children to segregated, disproportionately white schools. This choice is reflected in white residential preferences for areas where "pricing-out mechanisms" ensure that the local school is disproportionately white. (P. 254.) This racially-motivated choice holds "even when school quality is controlled for, meaning that whites tend to choose predominately white schools even when presented with the choice of a more integrated school that is of good academic quality." (P. 236.) Second, it shows how charter schools give …


Tear It All Down: Highways As Racist Monuments, Sarah Schindler Sep 2020

Tear It All Down: Highways As Racist Monuments, Sarah Schindler

Sturm College of Law: Faculty Scholarship

In recent months, citizens and elected officials around the country have been tearing down or ordering the removal of monuments that symbolize white supremacy and subjugation. While many of the targeted monuments are statues of people who supported or espoused racist ideologies, another set of more innocuous monuments to racial segregation still stand: America’s Highways.


Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden Jul 2020

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Crisis? Whose Crisis?, Jack M. Beermann Mar 2020

Crisis? Whose Crisis?, Jack M. Beermann

William & Mary Law Review

Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …


Segregation In The Galleries: A Reconsideration, Richard Primus Feb 2020

Segregation In The Galleries: A Reconsideration, Richard Primus

Michigan Law Review Online

When constitutional lawyers talk about the original meaning of the Fourteenth Amendment as applied to questions of race, they often men-tion that the spectators’ galleries in Congress were racially segregated when Congress debated the Amendment.1 If the Thirty-Ninth Congress practiced racial segregation, the thinking goes, then it probably did not mean to prohibit racial segregation.2 As an argument about constitutional interpretation, this line of thinking has both strengths and weaknesses. But this brief Essay is not about the interpretive consequences, if any, of segregation in the congressional galleries during the 1860s. It is about the factual claim that the galleries …


In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber Jan 2020

In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber

Law Faculty Scholarship

No abstract provided.


Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza Jan 2020

Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza

Journal of Race, Gender, and Ethnicity

No abstract provided.


Exploring Northern Identity Through Historical Analysis Of Cincinnati’S Antebellum Period, Avery Ozimek Jan 2020

Exploring Northern Identity Through Historical Analysis Of Cincinnati’S Antebellum Period, Avery Ozimek

Freedom Center Journal

This essay explores the author's attempt to find a truer Northern identity, different from the one taught in school. It looks at Cincinnati during America’s Antebellum period, a historical period generally seen as one marked by “a nation polarized by specific regional identities. The South held a pro-slavery identity . . . while the North largely held abolitionist sentiments and opposed the institution’s westward expansion.” During this period, Ohio’s constitution may have been anti-slavery, however, the state’s Black Codes, race riots, and anti-abolitionist sentiments told a different story than Ohio’s constitution. The darker history of Antebellum Cincinnati often goes untold, …


Development In Over The Rhine: Can Otr Defeat The Pitfalls Of Gentrification And Create An Economically Diverse Community?, Madeline High Jan 2020

Development In Over The Rhine: Can Otr Defeat The Pitfalls Of Gentrification And Create An Economically Diverse Community?, Madeline High

Freedom Center Journal

This paper focuses on the emergence of gentrification, the negative consequences it creates, and the ways in which these consequences can be alleviated. These topics are addressed both through a broad national lens and through a more narrow focus on Over-the-Rhine (OTR), a neighborhood in Cincinnati, Ohio. This paper specifically focuses on displacement in the realm of housing, culture, and economics as well as the potential creation of long-term segregation, and on how such displacement has led to a loss of autonomy of existing residents. The rise of gentrification and its impact is explored through an examination of literature, personal …


The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble Jan 2020

The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble

St. Thomas Law Review

Racism and discrimination remain topics of focus that continue to shape the lives, experiences, and results of the American people. These aspects continue creating privileges, systematically and socially, for Whites while disadvantaging Blacks. Today’s White person claims to not see color, but is that the truth? Perhaps they do not see color, but maybe a more honest statement is that they do not see blackness. Where did it all begin? To answer these questions, this paper explores “The Birth of a Monster,” better known as “whiteness,” by encompassing white privilege and supremacy. It will paint a picture from segregation to …