Law and Race Commons^™

Secure The Smartphone, Secure The Future: Biometrics, Boyd, A Warrant Denial And The Fourth And Fifth Amendments, Aaron Chase

UC Law Journal of Race and Economic Justice

The growing use of biometric technology—fingerprints, facial recognition and beyond—for data safekeeping—particularly for smart phones, personal computers, and identification—has raised a number of questions for Constitutional scholars. What Constitutional protections, if any, does biometric information have? Does biometric information require a warrant for law enforcement officers to compel its production? Would compelling production of a biometric password effectively force defendants to testify against themselves? Should the growing use of biometric information, by both private third parties and law enforcement, lead courts to reexamine prior precedents regarding privacy interests in personal technology and personal physical characteristics? This paper examines turns to …

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

Editor In Chief: Foreword, Virginia Millacci

UC Law Journal of Race and Economic Justice

No abstract provided.

Muslims And Islam In U.S. Public Schools: Cases, Controversies And Curricula, Engy Abdelkader

UC Law Journal of Race and Economic Justice

In recent years, controversies surrounding curriculum and instruction about Muslims and Islam in U.S. public schools have become more common. In some instances, Muslim American parents and students have challenged representations that spread and reinforce denigrating stereotypes and misconceptions about their faith and co-religionists. In a seemingly growing trend, however, some non-Muslim students and parents are objecting to courses and programs due to perceived favorable or neutral treatment of the Islamic faith. Such cases, controversies and curricula illustrate how popular anxieties surrounding the integration of immigrant populations, particularly Muslims, are increasingly infecting classrooms, school districts and communities. They also provide …

Mistreating Central American Refugees: Repeating History In Response To Humanitarian Challenges, Bill Ong Hing

UC Law Journal of Race and Economic Justice

In the 1980s, tens of thousands of Central Americans fled to the United States seeking refuge from civil unrest that ravaged their countries. In a largely geopolitical response, the Reagan administration labeled those fleeing Guatemala and El Salvador as “economic migrants,” detained them, and largely denied their asylum claims. The illegal discrimination against these refugees was exposed in a series of lawsuits and through congressional investigations. This led to the reconsideration of thousands of cases, the enlistment of a corps of asylum officers, and an agreement on the conditions under which migrant children could be detained.

Unfortunately, the lessons of …

Korean Americans, The Protestant Christian Church, And The Future Of Asian American Lgbtq Rights, Josiah Pak

UC Law Journal of Race and Economic Justice

This paper focuses on the Korean American Protestant Christian church and their past, present, and future support for LGBTQ rights. It explores both first-generation Korean American immigrants and their children, native-born second-generation Korean Americans. Specifically, it recounts the process of emigration for many first-generation Korean American immigrants and how it carried over the conservative, traditionalist, and religious frameworks that contribute to stonewalling future LGBTQ equality rights. Additionally, this paper addresses second- generation Korean Americans swinging between ideologies and social underpinnings of the older generation and a new “American” identity. By recounting Korean immigration to the United States, the role of …

Teaching Professional Responsibility Through Theater, Michael Millemann, Elliott Rauh, Robert Bowie Jr.

UC Law Journal of Race and Economic Justice

This article is about ethics-focused, law school courses, co-taught with a theater director, in which students wrote, produced and performed in plays. The plays were about four men who, separately, were wrongfully convicted, spent decades in prison, and finally were released and exonerated, formally (two) or informally (two).

The common themes in these miscarriages of justice were that 1) unethical conduct of prosecutors (especially failures to disclose exculpatory evidence) and of defense counsel (especially incompetent representation) undermined the Rule of Law and produced wrongful convictions, and 2) conversely, that the ethical conduct of post-conviction lawyers and law students helped to …

Building Social And Human Capital In The Black Community By Increasing Strategic Relationships, Cooperative Economics, The Black Marriage Rate, And The Level Of Educational Attainment And Targeted Occupational Training, W. Sherman Rogers

UC Law Journal of Race and Economic Justice

This is a multi-disciplinary article that focuses on the power of strategic relationships and cooperative economics in strengthening the human and social capital of the black1 community. It involves studies emanating primarily from the fields of law, economics, history, political science, and sociology. The recommendations set-forth in this article, however, are relevant to all people in America. The central thesis that underlies the entirety of this article can be found in the simple exhortation of the African Proverb—“If you want to go fast, go alone. If you want to go far, go together .”

African Americans can significantly expand the …

The Case For A Federal Statute Authorizing Compensation For Legally Imposed Segregation, Thomas B. Stoel Jr.

UC Law Journal of Race and Economic Justice

This article, “The Case for a Federal Statute Authorizing Compensation for Legally Imposed Segregation,” proposes enactment of a law to provide reparations to the African Americans who suffered economic, physical, and psychological harm because they were victims of legally imposed racial segregation.

In 1973, Yale Law School Professor Boris Bittker published The Case for Black Reparations, a perceptive, legally rigorous analysis of the issue. Bittker concluded that a focus on reparations for slavery was likely to prove unproductive, and concentrated instead on the prospect for achieving broad- scale reparations for legally imposed segregation. Bittker reached no definitive conclusions; he ended …

The Legal Needs Of Nonprofits: An Empirical Study Of Tax-Exempt Organizations And Their Access To Legal Services, Raymond H. Brescia, Bahareh Ansari, Hannah Hage

UC Law Journal of Race and Economic Justice

This empirical study, using quantitative and qualitative techniques, attempts to assess the state of the legal needs of nonprofit organizations, with an emphasis on the ways in which nonprofit organizations are or are not accessing assistance addressing their legal services needs. While most research into the extent to which Americans may or may not be accessing legal services focuses on the legal needs of individuals and families, this study focuses on the legal needs of nonprofit groups. Our goal with this research project is to contribute to the growing literature on the scope of unmet legal needs in the United …

Law, Race, And The Epistemology Of Ignorance, George A. MartíNez

UC Law Journal of Race and Economic Justice

Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have …

And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine

UC Law Journal of Race and Economic Justice

The November 2018 midterm elections engaged more voters than any midterm election since World War I. Moreover, from a Black Church perspective, the midterm elections arguably engaged more constituent members in secular politics than any time since the Civil Rights Movement and the historic passage of the Voting Rights Act of 1965. If the axiom is true that, “For every action there is a reaction,” the series of actions that have been part of Donald J. Trump’s “Make America Great Again” narrative have been met with a reaction that is “Making the Black Church Great Again!”

This interdisciplinary Article, juxtaposing …

The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher

UC Law Journal of Race and Economic Justice

The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.

This paper explores the practices of prison retailers, and …

Editor In Chief: Foreword, Virginia Millacci

UC Law Journal of Race and Economic Justice

No abstract provided.

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

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

UC Law Journal of Race and Economic Justice

Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet the way people search for and buy homes online have changed how steering manifests in real estate transactions. Contemporary practices do not fit neatly within the current legal framework, which is why we must revolutionize the way we think about housing law.

This article examines real estate websites, …

Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld

UC Law Journal of Race and Economic Justice

Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is going …