Law and Race Commons^™

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.

Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao

University of Cincinnati Law Review

No abstract provided.

The System Is Working The Way It Is Supposed To: The Limits Of Criminal Justice Reform, Paul Butler

Freedom Center Journal

Ferguson has come to symbolize a widespread sense that there is a crisis in American criminal justice. This Article describes various articulations of what the problems are and poses the question of whether law is capable of fixing these problems. I consider the question theoretically by looking at claims that critical race theorists have made about law and race. Using Supreme Court cases as examples, I demonstrate how some of the “problems” described in the U.S. Justice Department’s Ferguson report, like police violence and widespread arrests of African-Americans for petty offenses, are not only legal, but integral features of policing …

Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams

Faculty Articles and Other Publications

This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …

The Patriarchy Prescription: Cure Or Containment Strategy?, Verna L. Williams

Faculty Articles and Other Publications

Professor Williams discusses the 1965 Moynihan Report, "The Negro Family: The Case for National Action," its effect on societal and legal views of blacks in the ensuing half-century, and offers an alternative paradigm, "social justice feminism," for examining challenges confronting African American families.

Sketches Of A Redemptive Theory Of Contract Law, Emily Houh

Faculty Articles and Other Publications

This Article is about the game we call contract law and what it does and means to those who, at one time or another, have been categorically barred from play. How have "outsider" players-such as racial minorities, women, and sexual minorities -entered the game and, subsequently, how have its governing rules-that is, contract doctrines applied or not applied to them? On the flipside, how have common law contract doctrines responded to the entry of new players in the game? And, to the extent contract law has so responded, why has it done so? In asking and responding to these questions, …

Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez

Faculty Articles and Other Publications

Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing those who are targeted as posing “the greatest threat to the nation.” As a result, a “new” phenomenon emerged, crimmigration, that not only redesigned the criminal and immigration systems, but also brought about a cultural transformation in the United State —restructuring social categories, diminishing economic and political power, and perpetuating the marginalization …

Dedication To Freedom, Emily M.S. Houh

Freedom Center Journal

The articles in this issue of The Freedom Center Journal are timely challenges to the persistent efforts to undermine the American values enshrined in the Preamble of the Constitution and the body of the Constitution itself with its three Civil War Amendments.

The student editors of this volume intended the selected contributions to offer readers a nuanced view of our nation’s current identity crisis. The collection is offered in the hope that it will encourage further thinking and discussion about what it means to be part of the American experiment with democratic self-governance in an age of resurgent white supremacy.

After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang

Faculty Articles and Other Publications

This Note argues that the majority in Ashcroft have left courts with an unadministerable standard-not so much for reasons that Justice Souter articulated in his dissent, but rather because the Court provided no guidance on navigating around the myriad of factors in the convoluted totality analyses. Part I examines two cases after Ashcroft which represent different degrees of racial vote dilution: Shirt v. Hazeltine and Session v. Perry. Through other post-Ashcroft cases, Part II teases out the differences (i) between influence districts as injury and remedy and (ii) between a jurisdiction's Section 5 and Section 2 obligations--details closely related …