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Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance Jan 2019

Implicit Racial Bias And Students' Fourth Amendment Rights, Jason P. Nance

UF Law Faculty Publications

Tragic acts of school violence such as what occurred in Columbine, Newtown, and, more recently, in Parkland and Santa Fe, provoke intense feelings of anger, fear, sadness, and helplessness. Understandably, in response to these incidents (and for other reasons), many schools have intensified the manner in which they monitor and control students. Some schools rely on combinations of security measures such as metal detectors; surveillance cameras; drug-sniffing dogs; locked and monitored gates; random searches of students’ belongings, lockers, and persons; and law enforcement officers. Not only is there little empirical evidence that these measures actually make schools safer, but overreliance ...


“Essentially Black”: Legal Theory And The Morality Of Conscious Racial Identity, Kenneth B. Nunn Jan 2019

“Essentially Black”: Legal Theory And The Morality Of Conscious Racial Identity, Kenneth B. Nunn

UF Law Faculty Publications

In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic notions of ideal forms, it has spread beyond philosophy into the social sciences and hard scientific disciplines like mathematics and biology. Since the advent of postmodernism, discussions around essentialism have become controversial. Adherents of postmodern theory argue that social categories, such as gender, race, and sexuality are socially constructed and that essentialist notions of identity, which suggest that identity is static, natural, and unchanging, are theoretically wrong. This ...


Who Locked Us Up? Examining The Social Meaning Of Black Punitiveness, Darren Lenard Hutchinson Jun 2018

Who Locked Us Up? Examining The Social Meaning Of Black Punitiveness, Darren Lenard Hutchinson

UF Law Faculty Publications

Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of color by denying them political, social, and economic well-being. The harmful and disparate racial impact of U.S. crime policy mirrors historical patterns that emerged during slavery, Reconstruction, and Jim Crow. In his Pulitzer Prize-winning book Locking Up Our Own: Crime and Punishment in Black America, James Forman, Jr. demonstrates ...


Equal Work, Stephanie Bornstein Jan 2018

Equal Work, Stephanie Bornstein

UF Law Faculty Publications

Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually ...


The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs Oct 2017

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

UF Law Faculty Publications

Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when ...


Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson Jan 2017

Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson

UF Law Faculty Publications

The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the ...


Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance Jan 2017

Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance

UF Law Faculty Publications

In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S ...


Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown Jan 2017

Critical Black Protectionism, Black Lives Matter, And Social Media: Building A Bridge To Social Justice, Katheryn Russell-Brown

UF Law Faculty Publications

This Article provides a detailed, contemporary examination and critique of the practice of Black protectionism. The discussion focuses on how Black protectionism has evolved over the decades, and whether the changes make it a more useful tool for community empowerment than its applications in previous eras. Its latest iteration, herein labeled Critical Black Protectionism, is assessed and evaluated in light of the increasing use of social media.This Article is divided into five parts. Part I provides an overview of Black protectionism, its roots and evolution. As well, this Part examines how African Americans have used protectionism. Part II sets ...


Against Professing: Practicing Critical Criminal Procedure, Mae C. Quinn Jan 2016

Against Professing: Practicing Critical Criminal Procedure, Mae C. Quinn

UF Law Faculty Publications

I continue to “teach” Criminal Procedure as one of my core courses. I do so while trying my best to stay true to my values and commitments, surfacing the tensions and deficits I have described, and using concrete examples to drive home the many disparities and dysfunctions that still exist in this country despite the development of decades of criminal procedure doctrine. I try to encourage students to embrace their roles and responsibilities both as representatives of clients and change agents in this deeply imperfect system—urging them to consider what it might take to be an effective advocate for ...


Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn Jan 2016

Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn

UF Law Faculty Publications

In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead's important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead's conclusions about the unfortunate state of affairs in 21st century America--that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor Birckhead ...


Black Boys Matter: Developmental Equality, Nancy E. Dowd Jan 2016

Black Boys Matter: Developmental Equality, Nancy E. Dowd

UF Law Faculty Publications

The life course of Black boys is a stark reminder of the realities of inequality. While recent attention to policing and high profile deaths of Black youth and adults has raised consciousness of life-threatening situations, this focus exposes the most visceral and deadly aspect of a much larger set of issues. Those issues begin at birth, and are powerfully framed before adulthood, creating inequality particularly when the individual is most vulnerable, in childhood. This Article confronts the inequalities of Black boys and their subordination, as a vehicle to expose inequalities more generally based on children’s identities.

The life course ...


Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance Jan 2016

Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance

UF Law Faculty Publications

The school-to-prison pipeline is one of our nation’s most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This article analyzes the school-to-prison pipeline’s devastating consequences on students, its causes, and its disproportionate impact on students of color. But most importantly, this article comprehensively identifies and describes specific, evidence-based tools to dismantle the school-to-prison pipeline that lawmakers, school administrators, and teachers in all areas ...


Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing?, Mae C. Quinn Jan 2016

Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing?, Mae C. Quinn

UF Law Faculty Publications

This essay - published on the second anniversary of Mike Brown's shooting death in Ferguson and one year after the United States Department of Justice issued its shocking findings regarding St. Louis County’s juvenile court system - urges skepticism regarding claims of ongoing system reform in Missouri.

While there is some good work being done by committed reformers, it interrogates the intentions of emerging "change agents" who now purport to care about racial bias, youth justice, and criminal law – those who for years merely stepped over widespread injustices in their own community. It further challenges the legal theories such individuals ...


The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn Jan 2012

The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn

UF Law Faculty Publications

This Article seeks to document the manifest hostilities that poor and minority children face in our nation's schools. It does so based in part on the professional and personal experiences of the author as a clinical law professor who teaches a Juvenile Rights and Re-Entry Clinic. It critiques the continuing campaigns against such youth in the United States and urges decision-makers to seriously rethink the nation's priorities and recommit the country to the cause of educating children. This Article further serves as a call to action to join conscientious objectors who reject the current state of affairs. It ...


Narratives Of Identity, Nation, And Outsiders Within Outsiders: Not Yet A Post-Anything World, Berta E. Hernández-Truyol Jan 2011

Narratives Of Identity, Nation, And Outsiders Within Outsiders: Not Yet A Post-Anything World, Berta E. Hernández-Truyol

UF Law Faculty Publications

The essays in this cluster all deploy narratives of identity and nation. They also bring to life the status of outsiders as racialized "others." This reality of racialization contradicts the popular narrative that we live in a post-racial society. The current claim of post-racialism is grounded in the simple fact that in the United States a huge margin of the popular vote elected a Black man as president. That man is Barack Hussein Obama, someone who has to engage, as those who are the subject of the essays, with concerns about nation, identity, and being a racialized "other."


The Latindia And Mestizajes*: Of Cultures, Conquests, And Latcritical Feminism, Berta E. Hernández-Truyol Oct 1999

The Latindia And Mestizajes*: Of Cultures, Conquests, And Latcritical Feminism, Berta E. Hernández-Truyol

UF Law Faculty Publications

In writing this essay I will begin what I am certain will be a long, complex process of answering the question of who is my mother. I will develop the work in three parts, corresponding to critical parts of the rediscovery process. In Part II, this essay probes cultural links that are formative and transformative of our personhood, which define and determine how we interact with the various and varied communities through which we take daily voyages. I use narrative to locate myself in the context of knowing and discovering the myriad cultures in which I define my mothers. This ...


Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol Jul 1999

Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay explores the multiple margins that Latinas inhabit both within majority society and their comunidad Latina because of their compounded outsider status in all their possible communities. Exploring the concept and theme of "Between/Beyond Colors: Outsiders Within Latina/o Communities" elucidates both the challenges and the possibilities the young LatCrit movement presents for Latinas.

From its inception, LatCrit has broadened and sought to reconstruct the race discourse beyond the normalized binary black/white paradigm -- an underinclusive model that effects the erasure of the Latina/o, Native, and Asian experiences as well as the realities of other racial and ...


Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol Apr 1998

Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Article will study Latinas in the United States and develop a framework that aims to eradicate injustices Latinas experience by importing the voices of las olvidadas into the heart of rights-talk, thus placing Latinas in justice. First, the piece will identify who the olvidadas are-unseen, unheard, and virtually non-existent in the world of law as well as in the myriad other worlds they inhabit. Parts III and IV consider structural roadblocks-first external and then internal-that conspire to perpetuate Latina invisibility and disempowerment, keeping Latinas from justice. Part V presents the locations and positions of Latinas who suffer intimate violence ...


Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn Jan 1998

Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn

UF Law Faculty Publications

Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.


Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol Oct 1997

Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay, an expansion of remarks delivered at the LatCrit I Conference -- the first conference ever convened to discuss and explore critical legal thought from a Latina/o perspective -- develops a basis for articulating a LatCrit theory. As the introductory section, "LatCrit: The Voice for Latina/o Narratives" sets out, Latinas/os are a diverse community, whose identity components -- race, sex, ethnicity, language, and sexuality to name a few of the pertinent ones -- are indivisible yet diverse and varied. Such diversity, to date, has not allowed for a cohesive Latina/o theoretical model to be articulated. Rather, it has been ...


Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol Oct 1997

Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay, developed in a prologue and three parts, adopts Latinas'/os' world traveling as a metaphor for Latina/o multidimensionality and as a springboard for LatCrit theorizing. The Prologue is a brief diary entry of unfin de semana viajando mundos - a weekend of actual traveling between New York and Miami; law and familia; profesora and learner; colleague and hija; español and English; norte y sur; normativa and other; indigenous and alien. This abbreviated record of a Latina's life reveals, exposes, and unveils Latinas'/os' daily crossdressing simply by virtue of their latinidad. This Prologue thus serves as a ...


The Diversity Among Us, Berta E. Hernández-Truyol Jan 1997

The Diversity Among Us, Berta E. Hernández-Truyol

UF Law Faculty Publications

It is really a pleasure to be here today and I think we owe great thanks to Western New England College School of Law for hosting this historic First Annual Northeastern People of Color Legal Scholarship Conference. I think there are two people who deserve special mention and to whom a great deal of thanks are in order. First, I would like to thank Dean Mahoney of Western New England College School of Law who made this conference possible. These events just do not happen without administrative and, more specifically, deaconal support. Her role and support are invaluable. The other ...


Building Bridges - Latinas And Latinos At The Crossroads: Realities, Rhetoric And Replacement, Berta E. Hernández-Truyol Jan 1994

Building Bridges - Latinas And Latinos At The Crossroads: Realities, Rhetoric And Replacement, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay uses the narrative form to share experiences from one latina's perspective. The author aspires to show how latinas/os, a magnificently diverse group, can be a critical factor in building the bridges that can move the stubborn, static oppositionality (normative) perspective towards a "true universalist" approach. I suggest latinas/os can do this because our diverse backgrounds have equipped us with a multiple perspective viewpoint.