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Articles 1 - 30 of 57
Full-Text Articles in Law and Race
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily R. Casey
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily R. Casey
University of Richmond Law Review
The Promoting Affordable Housing Near Transit Act (“Act”), introduced in Congress in June 2021 and signed into law six months later, proposes a goal of balancing the disproportionately-high costs of housing and transportation felt by lower-income families by combining these resources in one project: transit-oriented housing developments. Middle-income and wealthy suburbanites have ready access to cities by car, but lower-income urbanites lack access to the suburbs without a private vehicle. While the goal of the Act recognizes this disparate outcome, the Act’s failure to include expansion of mass transit into the suburbs will continue to restrict low-income minorities to urban …
Rural Bashing, Kaceylee Klein, Lisa R. Pruitt
Rural Bashing, Kaceylee Klein, Lisa R. Pruitt
University of Richmond Law Review
Anti-rural sentiment is expressed in the United States in three major threads. The first is a narrative about the political structure of our representative democracy—an assertion that rural people are over-represented thanks to the structural features of the U.S. Senate and the Electoral College. Because rural residents are less than a fifth of the U.S. population, complaints about this situation are often framed as “minority rule.”
The second thread is related to the first: rural people and their communities get more than their fair share from federal government coffers. The argument, often expressed in terms of “subsidies,” is that rural …
Fighting For Whiteness In Ukraine, Marissa Jackson Sow
Fighting For Whiteness In Ukraine, Marissa Jackson Sow
Law Faculty Publications
Teri McMurtry-Chubb’s Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy offers groundbreaking insights into the gendered economic hierarchies internal to the body politic of whiteness through its examination of the limitations that plantation overseers’ contracts in the American Deep South placed on their ability to exercise the proprietorship and contracting authority prerequisite to white identity. This Essay uses the Ukrainian campaign to be recognized as a liberal white nation, and formally become a member of the West, as a contemporary case study of how whiteness remains hegemonized and subject to the ability …
Douglass, Lincoln, And Douglas Before Dred Scott: A Few Thoughts On Freedom, Equality, And Affirmative Action, Henry L. Chambers Jr.
Douglass, Lincoln, And Douglas Before Dred Scott: A Few Thoughts On Freedom, Equality, And Affirmative Action, Henry L. Chambers Jr.
Law Faculty Publications
In 1854, Senator Stephen Douglas, Abraham Lincoln, and Frederick Douglass delivered speeches about the newly passed Kansas-Nebraska Act. That law opened the Kansas and Nebraska Territories to slavery by extending popular sovereignty, the practice of letting territorial majorities decide whether to allow slavery in a territory, to them. Given before Dred Scott v. Sandford, the infamous case in which the Supreme Court ruled that Black Americans—whether freeborn, freed, or enslaved—could not be citizens of the United States absent congressional action or constitutional amendment, the speeches are worth revisiting. They focus on whether or how slavery should be limited, reflecting …
(Re)Building The Master's House: Dismantling America's Colonial Politics Of Extraction And Exclusion, Marissa Jackson Sow
(Re)Building The Master's House: Dismantling America's Colonial Politics Of Extraction And Exclusion, Marissa Jackson Sow
Law Faculty Publications
On February 10, 2021, and in the days thereafter, liberal American commentators showered Congresswoman Stacey Plaskett with superlatives and praise due to her masterful takedown of former President Donald Trump during his impeachment trial for incitement of the January 6, 2021 Capitol Riot. Referring to a picture of Plaskett wearing a knee-length blue dress with draped sleeves, the political strategist (and daughter of House Majority Leader Nancy Pelosi) Christine Pelosi took to Twitter to note that “[n]ot all superheroes wear capes. This one does!”
Plaskett is one of many Black Americans who has done the hard work of cleaning up …
A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health, Sogand Falahatpour
A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health, Sogand Falahatpour
Richmond Public Interest Law Review
Racism is a public health crisis and it is killing Black youth. Systemic racism
in education is a root cause of a long list of inequities faced by Black
youth. These inequities compound over the years and create extreme hurdles
to academic success and, in many cases, are hazardous to overall health.
The school-to-prison pipeline is a severe health equity issue affecting
Black children and adolescents. Racism is a core social determinant of health
that has a profound impact on child and adolescent health. Moreover, health
is not just an individual matter; institutional and structural forces influence
who has access …
This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron
This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron
Richmond Public Interest Law Review
This article utilizes an intersectional approach to examine the causes and
realities of the dismal state of pregnancy-related healthcare in the United
States, highlighting the disparate impact on Black pregnant people. The
enslavementand brutalization of Black women in the U.S. demonstrates how
American society systematically devalues Black health, especially reproductive
health. The impacts of this horrific history persist today, resulting in the
American healthcare system utterly failing Black mothers and pregnant people
of all gender identities. This article surveys this history and presents policy
solutions to improve maternal health outcomes for all, but especially
Black individuals, including proposed pieces …
Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell
Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell
Richmond Public Interest Law Review
In a series of decisions concerning child defendants, the United States Supreme
Court has embraced the understanding, based on adolescent brain
development, that the legal system must recognize children are different than
adults concerning criminal culpability and sentencing. That recognition, culminating
in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity
for thousands of individuals across the country, initially sentenced
to death-in-prison sentences when they were minors, to gain a meaningful
opportunity for release. These cases permanently banned mandatory life sentences
for children. In Virginia, the legislature now allows reconsideration
of these cases through hearings before the parole …
Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James
Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James
University of Richmond Law Review
Through an analysis of the statutory and case law surrounding the use of excessive force, this Comment will review how differentiating applications of the law have led to varying and sometimes unjust results. Jurisdictions differ regarding what pre-shooting conduct can be considered, what the “objective reasonableness” standard encompasses, and how tort law should impact this analysis. Therefore, this Comment works to provide a framework for the consistent application of the objective reasonableness standard. Part I reviews the proscribed levels of force, noting when the use of force becomes excessive, and discusses the tort concept of proximate cause and how the …
Transitional Equality, Suzanne A. Kim
Transitional Equality, Suzanne A. Kim
University of Richmond Law Review
Legal discussions of inequality often focus on the virtues of one legal status or regulatory structure over another, but a guarantee of the right to a particular legal status does not ensure a lived experience of equality in that status. In moments of legal change, when a person or class of persons obtain a new status or gain rights that had previously been denied to them, the path from one legal status to another becomes critically important and may itself be impacted by race, gender, age, and other factors. The process of transitioning to a new status can be complex …
The First Amendment And The Great College Yearbook Reckoning, Maryann Grover
The First Amendment And The Great College Yearbook Reckoning, Maryann Grover
University of Richmond Law Review
I advance my argument in three parts. In Part I, I discuss the law as it currently applies to student publications. I begin by briefly addressing the law as it applies to student publications in high schools as a way of demonstrating the lack of clarity in the law as it applies to student publications on college campuses. I then discuss the current state of speech regulation for student publications, including yearbooks, on college campuses. In Part II, I discuss each of the categories of unprotected speech as they are currently interpreted by the Supreme Court, and I demonstrate how …
Race, Speech, And Sports, Matthew J. Parlow
Race, Speech, And Sports, Matthew J. Parlow
University of Richmond Law Review
Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time.
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
Law Student Publications
This comment explores ways in which racial bias undermines the American jury system and argues that simply having a racial bias exception to the no-impeachment rule does not go far enough to guard against racially motivated jury verdicts. In order to guarantee the Sixth Amendment right to an impartial jury, defendants must always be able to question potential jurors about racial bias, and universal court policies need to be adopted across the country that allow for a consistent approach for investigating claims of racial bias in jury deliberations. Part I of this comment examines the history of American juries and …
Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, Ann C. Hodges
Crossing The Thin Blue Line: Protecting Law Enforcement Officers Who Blow The Whistle, Ann C. Hodges
Law Faculty Publications
Law enforcement makes headline news for shootings of unarmed civilians, departmental corruption, and abuse of suspects and witnesses. Also well-documented is the code of silence, the thin blue line, which discourages officers from reporting improper and unlawful conduct by fellow officers. Accordingly, accountability is challenging and mistrust of law enforcement abounds. There is much work to be done in changing the culture of police departments and many recommendations for change. One barrier to transparency that has been largely ignored could be eliminated by reversal of the Supreme Court’s 2006 decision in Garcetti v. Ceballos. Criticism of the decision has …
Separate But (Un)Equal: Why Institutionalized Anti-Racism Is The Answer To The Never-Ending Cycle Of Plessy V. Ferguson, Maureen Johnson
Separate But (Un)Equal: Why Institutionalized Anti-Racism Is The Answer To The Never-Ending Cycle Of Plessy V. Ferguson, Maureen Johnson
University of Richmond Law Review
No abstract provided.
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
University of Richmond Law Review
This comment explores ways in which racial bias undermines
the American jury system and argues that simply having a racial
bias exception to the no-impeachment rule does not go far enough
to guard against racially motivated jury verdicts. In order to
guarantee the Sixth Amendment right to an impartial jury, defendants
must always be able to question potential jurors about
racial bias, and universal court policies need to be adopted across
the country that allow for a consistent approach for investigating
claims of racial bias in jury deliberations. Part I of this comment
examines the history of American juries and …
Race And The Law, Cassandra Conover
Race And The Law, Cassandra Conover
University of Richmond Law Review
No abstract provided.
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
University of Richmond Law Review
No abstract provided.
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
University of Richmond Law Review
The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance
University of Richmond Law Review
No abstract provided.
Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes
Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes
University of Richmond Law Review
No abstract provided.
A Demographic History Of Federal Judicial Appointments By Gender And Race: 1789-2016, Jonathan K. Stubbs
A Demographic History Of Federal Judicial Appointments By Gender And Race: 1789-2016, Jonathan K. Stubbs
Law Faculty Publications
This article briefly surveys the constitutional and statutory foundation for the creation of the federal judiciary. It also furnishes data, by sex and race, of the appointment of federal judges to courts of general jurisdiction during each presidential administration from September 24, 1789, through April 11, 2016. Thus, Part I describes the pace of diversification of the federal judiciary. While data regarding other attributes of judges (such as their socioeconomic status) exist, extensive analysis of such characteristics falls outside the parameters of this preliminary analysis. Nonetheless, the Article notes in passing that, since 1989, during each presidential administration, the majority …
Derivative Racial Discrimination, Kevin Woodson
Derivative Racial Discrimination, Kevin Woodson
Law Faculty Publications
This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …
Diversity Without Integration, Kevin Woodson
Diversity Without Integration, Kevin Woodson
Law Faculty Publications
The de facto racial segregation pervasive at colleges and universities across the country undermines a necessary precondition for the diversity benefits embraced by the Court in Grutter — the requirement that students partake in high-quality interracial interactions and social relationships with one another. This disjuncture between Grutter’s vision of universities as sites of robust cross-racial exchange and the reality of racial separation should be of great concern, not just because of its potential constitutional implications for affirmative action but also because it reifies racial hierarchy and reinforces inequality. Drawing from an extensive body of social science research, this article explains …
A New Proposal To Address Local Voting Discrimination, Cody Gray
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Law Faculty Publications
This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination — patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens …
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
University of Richmond Law Review
No abstract provided.
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
University of Richmond Law Review
No abstract provided.