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Law and Race Commons

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2018

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Articles 1 - 30 of 218

Full-Text Articles in Law and Race

August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser Dec 2018

August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers Dec 2018

Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers

American Indian Law Journal

No abstract provided.


The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai Dec 2018

The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai

American Indian Law Journal

No abstract provided.


Brackeen V. Zinke, Bradley E. Tinker Dec 2018

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians ...


Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy Dec 2018

Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy

The Downtown Review

Too often, social science majors become jaded with their field of study due to a misperception of the nature of many potential jobs which they are qualified for. Such discord is prevalent amongst undergraduates who strive for work in the criminal justice system. Hollywood misrepresentations become the archetypes of the aforementioned field, leaving out the necessity and ubiquity of accompanying desk work. Still other social science majors struggle to identify theoretical interpretations in praxis.


Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law Dec 2018

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner Dec 2018

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview ...


Ethical Cannabis Lawyering In California, Francis J. Mootz Iii Dec 2018

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous ...


42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope Nov 2018

42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope

Northwestern Journal of Law & Social Policy

No abstract provided.


Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick Nov 2018

Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper Oct 2018

A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper

University of Miami Law Review

President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men.

Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels ...


Criminal Doctrines Of Faith, David Jaros Oct 2018

Criminal Doctrines Of Faith, David Jaros

Boston College Law Review

Decisions like Miranda v. Arizona helped popularize a conception of the courts as a protector of criminal defendants and a bulwark against overly aggressive law enforcement. But from arrest through trial, the U.S. Supreme Court has fashioned criminal constitutional procedure with a deep and abiding faith in the motivations of the criminal justice system’s actors. Even decisions that vindicate individual constitutional rights at the expense of police and prosecutorial power are shaped by the Court’s fundamental trust in those same actors. They establish, in essence, “Criminal Doctrines of Faith.” Criminal Doctrines of Faith pervade each stage of ...


Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin Oct 2018

Discriminatory Job Knowledge Tests, Police Promotions, And What Title Vii Can Learn From Tort Law, Mark S. Brodin

Boston College Law Review

Nationally, the continued use of selection devices by police departments—such as multiple-choice examinations requiring memorization of police manuals—stifles advancement for a disproportionate number of otherwise qualified minority candidates, and hinders the desired diversification of the upper ranks. These exams have little to do with predicting success as a sergeant or other police supervisor. The traditional Title VII approach, a disparate impact challenge, has proven unsatisfactory given the relative ease with which the exams can be “content validated” in court. This Article proposes a new approach familiar to tort lawyers—the inference of intent from actions taken with foreseeable ...


Fear Of A Multiracial Planet: Loving’S Children And The Genocide Of The White Race, Reginald Oh Oct 2018

Fear Of A Multiracial Planet: Loving’S Children And The Genocide Of The White Race, Reginald Oh

Reginald Oh

Part I analyzes the Loving decision striking down antimiscegenation laws and examines the segregationists’ justifications for antimiscegenation laws. Next, Part II explores the historical opposition of white segregationists to interracial marriages, families, and children and argues that the principle and practice of endogamy is a central feature of Jim Crow segregation. Finally, Part III examines the present ideology of white nationalism and shows that white nationalists oppose interracial unions and families for some of the same reasons that white segregationists opposed them. Specifically, white nationalists oppose interracial families because they are one of the main factors contributing to the so-called ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


The Accidental Crit Iii: The Unbearable Lightness Of Being ... Pedro?, Pedro A. Malavet Oct 2018

The Accidental Crit Iii: The Unbearable Lightness Of Being ... Pedro?, Pedro A. Malavet

Pedro A. Malavet

This is a new draft of this article. I have updated the text with the latest developments in a number of areas related to current events. I have also added a substantial number of footnotes to explain some concepts that are common to Critical Race Theory, but that may not be as generally known to those who write in other areas.

The article is a narrative about my process of coming to terms with the promotion and tenure process that I endured through a type of scholarly catharsis; in this essay I review my continued presence in the legal academy ...


#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman Oct 2018

#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman

NULR Online

116 out of 136. That is the number of white men who have served on the eighty-two-year-old committee responsible for creating and maintaining the Federal Rules of Civil Procedure. The tiny number of non-white, non-male committee members is disproportionate, even in the context of the white-male-dominated legal profession. If the rules were simply a technical set of instructions made by a neutral set of experts, then perhaps these numbers might not be as disturbing. But that is not the case. The Civil Rules embody normative judgments about the values that have primacy in our civil justice system, and the rule-makers ...


The Jim Crow Jury, Thomas W. Frampton Oct 2018

The Jim Crow Jury, Thomas W. Frampton

Vanderbilt Law Review

Since the end of Reconstruction, the criminal jury box has both reflected and reproduced racial hierarchies in the United States. In the Plessy era, racial exclusion from juries was central to the reassertion of white supremacy. But it also generated pushback: a movement resisting "the Jim Crow jury" actively fought, both inside and outside the courtroom, efforts to deny black citizens equal representation on criminal juries. Recovering this forgotten history-a counterpart to the legal struggles against disenfranchisement and de jure segregationunderscores the centrality of the jury to politics and power in the post- Reconstruction era. It also helps explain Louisiana ...


Visibly (Un)Just: The Optics Of Grand Jury Secrecy And Police Violence, Nicole Smith Futrell Oct 2018

Visibly (Un)Just: The Optics Of Grand Jury Secrecy And Police Violence, Nicole Smith Futrell

Dickinson Law Review

Police violence has become more visible to the public through racial justice activism and social justice advocates’ use of technology. Yet, the heightened visibility of policing has had limited impact on transparency and accountability in the legal process, particularly when a grand jury is empaneled to determine whether to issue an indictment in a case of police violence. When a grand jury decides not to indict, the requirement of grand jury secrecy prevents public disclosure of the testimony, witnesses, and evidence presented to the grand jury. Grand jury secrecy leaves those who have seen and experienced the act of police ...


Whiteness At Work, Lihi Yona Oct 2018

Whiteness At Work, Lihi Yona

Michigan Journal of Race and Law

How do courts understand Whiteness in Title VII litigation? This Article argues that one fruitful site for such examination is same-race discrimination cases between Whites. Such cases offer a peek into what enables regimes of Whiteness and White supremacy in the workplace, and the way in which Whiteness is theorized within Title VII adjudication. Intra-White discrimination cases may range from associational discrimination cases to cases involving discrimination against poor rural Whites, often referred to as “White trash.” While intragroup discrimination is acknowledged in sex-discrimination cases and race-discrimination cases within racial minority groups, same-race discrimination between Whites is currently an under-theorized ...


Urban Decolonization, Norrinda Brown Hayat Oct 2018

Urban Decolonization, Norrinda Brown Hayat

Michigan Journal of Race and Law

National fair housing legislation opened up higher opportunity neighborhoods to multitudes of middle-class African Americans. In actuality, the FHA offered much less to the millions of poor, Black residents in inner cities than it did to the Black middle class. Partly in response to the FHA’s inability to provide quality housing for low-income blacks, Congress has pursued various mobility strategies designed to facilitate the integration of low-income Blacks into high-opportunity neighborhoods as a resolution to the persistent dilemma of the ghetto. These efforts, too, have had limited success. Now, just over fifty years after the passage of the Fair ...


Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck Oct 2018

Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck

Michigan Journal of Race and Law

In the wake of the Michael Brown shooting in Ferguson, Missouri, advocates and activists called for greater oversight and accountability for police. One of the measures called for and adopted in many jurisdictions was the implementation of body cameras in police departments. Many treated this implementation as a sign of change that police officers would be held accountable for the violence they perpetrate. This Note argues that although body-camera footage may be useful as one form of evidence in cases of police violence, lawyers and judges should be extremely careful about how it is presented to the jury. Namely, the ...


Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum Oct 2018

Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum

Brooklyn Law Review

This essay advocates that prosecutors’ peremptory strikes should be eliminated in interracial capital cases. The application of the death penalty has a race problem, especially for interracial cases. A conviction is far more likely if the defendant is black and the victim is white. This is due to the fact that in interracial cases, prosecutors utilize peremptory strikes to prevent black jurors from serving on cases in which the defendant is black and the victim is white. This essay is the first to argue that such a system stacks the deck against defendants in interracial capital cases in an unconstitutional ...


#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman Oct 2018

#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman

Northwestern University Law Review

116 out of 136. That is the number of white men who have served on the eighty-two-year-old committee responsible for creating and maintaining the Federal Rules of Civil Procedure. The tiny number of non-white, non-male committee members is disproportionate, even in the context of the white-male-dominated legal profession. If the rules were simply a technical set of instructions made by a neutral set of experts, then perhaps these numbers might not be as disturbing. But that is not the case. The Civil Rules embody normative judgments about the values that have primacy in our civil justice system, and the rule-makers ...


The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin Oct 2018

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin

Boston College Law School Faculty Papers

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout ...


Jury Selection In The Weeds: Whither The Democratic Shore?, Jeffrey Abramson Oct 2018

Jury Selection In The Weeds: Whither The Democratic Shore?, Jeffrey Abramson

University of Michigan Journal of Law Reform

This Article reports on four federal jury challenges in which the trial judge or defendants retained the author to provide research on jury selection plans. The research shows a persistent and substantial loss of representation for African Americans and Hispanics on federal juries, even though no intentional discrimination took place. Problems with undeliverable jury summonses, as well as failure to respond to summonses, were the main causes of departures from the ideal of cross-sectional jury selection. However, a cramped understanding of what it takes for a defendant to prove that minority jurors were systematically excluded, as required by Duren v ...


Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown Sep 2018

Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown

Montview Liberty University Journal of Undergraduate Research

In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative ...


The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith Sep 2018

The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith

University of Miami Race & Social Justice Law Review

No abstract provided.


Front Matter And Table Of Contents Sep 2018

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.


A Monumental Undertaking – Tackling Vestiges Of The Confederacy In The Florida Landscape, Juanita Solis Sep 2018

A Monumental Undertaking – Tackling Vestiges Of The Confederacy In The Florida Landscape, Juanita Solis

University of Miami Race & Social Justice Law Review

Symbols of the Confederacy have been a volatile topic across the country as recent events have spurred new resistance to their display. Part I of this note provides a brief introduction into the current controversy surrounding Confederate monuments in the United States, with a particular emphasis on the erected memorials in the Florida landscape. Part II argues that Confederate monuments were mainly erected with the intention of advancing racial subordination during time periods in American history where black Americans resisted white supremacy. As shown by the events that followed right–wing violence in both South Carolina and Virginia, this note ...