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Articles 211 - 240 of 5638
Full-Text Articles in Law and Race
Camera-Enforced Streets: Creating An Anti-Racist System Of Traffic Enforcement, Katie O'Brien
Camera-Enforced Streets: Creating An Anti-Racist System Of Traffic Enforcement, Katie O'Brien
Journal of Civil Rights and Economic Development
(Excerpt)
On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper’s vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to “yank [Bland] out” of her car and “light [her] up” with his taser. After Bland left her vehicle, Trooper Encinia handcuffed her, wrestled her to the ground, and kneeled on her. He later falsely claimed that Bland assaulted him. Three days later, police found Bland …
Vertical Farming: A Bottom-Up Approach, Michael Martinez
Vertical Farming: A Bottom-Up Approach, Michael Martinez
Seattle Journal of Technology, Environmental & Innovation Law
The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons
Seattle Journal of Technology, Environmental & Innovation Law
The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.
This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …
Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez
Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez
Theses & Dissertations
The Senior Executive Service (SES) is the highest tier of executive management and leadership in the federal government. The Latino/a population has significantly increased in the past three decades with no corresponding increase in the federal workforce and the number of Latinos/as serving in the SES remains low. As Latinos/as in the SES are largely underrepresented, their ability to influence federal policies is significantly undermined. The purpose of this study is to explore the testimonios (testimonies) of Latinas in the SES to better understand their experiences while navigating entry into the SES and maintaining their respective positions.
This study used …
The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce
The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce
College Honors Program
It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …
A Call To Action For Parents' Lawyers In The Family Regulation System: Bearing Witness As Praxis And Practice In The Face Of Structural Injustice, Joshua Michtom
Journal of Law and Policy
In this Essay, a public defender specializing in parent defense argues that the family regulation system is fundamentally unfair to parents, and that this unfairness is perpetuated by closed courtrooms and a lack of public understanding. He calls on lawyers who represent parents in these proceedings to make the practice of public storytelling integral to their work, by reporting the injustices that happen in family regulation courts to a broader audience, and helping clients tell their own stories publicly when they want to. He argues that only when the workings of this system are broadly exposed can policy change and …
When Permanency Is Permanent Separation: In The Family Regulation System, A Temporary Removal Fast Tracks Terminating Parents' Rights, Alison Peebles
When Permanency Is Permanent Separation: In The Family Regulation System, A Temporary Removal Fast Tracks Terminating Parents' Rights, Alison Peebles
Journal of Law and Policy
The Adoption and Safe Families Act (“ASFA”) is a federal law that creates a mandate for states to move to terminate parents’ rights if a child has been in foster care for fifteen out of the twenty-two most recent months. The federal government then pays states for each adoption over a set threshold amount, which has resulted in terminating over two million children’s parents’ rights and disbursing over four hundred million dollars to states. Black families, Indigenous families, and families of color as well as low-income families disproportionately experience the trauma and harm of permanent family separation. This Note argues …
“With All Deliberate Speed”: The Ironic Demise Of (And Hope For) Affirmative Action, Vinay Harpalani
“With All Deliberate Speed”: The Ironic Demise Of (And Hope For) Affirmative Action, Vinay Harpalani
Faculty Scholarship
Is affirmative action in university admissions about to end? As the United States Supreme Court prepares to decide lawsuits against Harvard and the University of North Carolina Chapel Hill (UNC), the outlook for race-conscious admissions policies is not good. Even before its recent rightward shift, the Court had long been hostile to such policies, and many observers think it will now overturn Grutter v. Bollinger and end them altogether. Such a ruling would be a painful and paradoxical twist for civil rights advocates. In a classic turn of Orwellian irony, the plaintiffs challenging affirmative action now call themselves Students for …
(A)Woke Workplaces, Michael Z. Green
(A)Woke Workplaces, Michael Z. Green
Faculty Scholarship
With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the existence of structural or systemic discrimination, let alone the need to address the consequences of such discrimination, certain groups have begun to oppose BLM by seeking to diminish any social justice actions. One of those key resistance efforts includes labelling in pejorative terms any employers that pursue anti-racism objectives via social justice statements or internal …
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Political Science Undergraduate Honors Theses
The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.
Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young
Etuaptmumk: A Means To Advance Indigenous Economic Development “In A Good Way”, Frankie Young
Dalhousie Law Journal
A reckoning is required on how Eurocentric laws and economic systems are biased toward Western worldviews while not accounting for Indigenous realities, legal orders, or economic perspectives. Most notably, Eurocentric laws have been instrumental in advancing non-Indigenous economic interests to the detriment of Indigenous interests, largely because Indigenous laws have not been respected. The strengthening of certain Eurocentric property and contract laws have limited Indigenous peoples’ legal and economic interests and continues to constrain positive economic outcomes and advancement for Indigenous nations. This article argues that re-centering Indigenous legal traditions is a means to advance Indigenous economic interests. The principle …
A More Perfect Union For Whom?, Emmanuel Hiram Arnaud
A More Perfect Union For Whom?, Emmanuel Hiram Arnaud
Articles
Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.
Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …
The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi
The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
This Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple …
Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi
Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
Sikhism is the fifth largest religion in the world, with approximately thirty million followers of the faith worldwide. It is a monotheistic faith that teaches honesty, compassion, humility, universal equity, and respect for all religions. Since the 1984 genocide of Sikhs in India, many followers of the faith have immigrated to Western countries in hopes of “the American dream” and the prospect of freely practicing their faith. But as a devastating response to the tragedy of 9/11, members of the Sikh community living in the United States have become victims of hate crimes, workplace discrimination, school bullying, and …
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
Expiration Of The Sunset Clause: Is The Clock Ticking For The Grutter Standard And Affirmative Action In Higher Education?, Simona Stodulkova
Expiration Of The Sunset Clause: Is The Clock Ticking For The Grutter Standard And Affirmative Action In Higher Education?, Simona Stodulkova
GGU Law Review Blog
Affirmative action, an active effort to provide access to educational and employment opportunities to historically underrepresented groups, is now in danger of being eradicated by the Supreme Court. While the Court upheld affirmative action in Grutter v. Bollinger in 2003, it suggested in its “sunset clause” of the opinion that the issue should be revisited in twenty-five years. Two cases concerning affirmative action in higher education are now before the current conservative-led Court, which has already indicated that it is prepared to overrule its precedent.
Affirmative action in higher education has been advanced as a solution to past discriminatory …
Pathology Logics, S. Lisa Washington
Pathology Logics, S. Lisa Washington
Northwestern University Law Review
Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize family regulation intervention. This Article focuses on another logic deeply embedded in the family regulation system: the pathologizing of impoverished and racialized groups. Scholars have discussed the pathologizing of marginalized groups to describe a host of different phenomena. In this Article, “pathology logic” refers to a logic that produces notions of …
Liberating Legal Aid: Reducing Covid-19'S Justice Gap And Promoting Health By Removing The Legal Services Corporation's Class Action And Advocacy Restrictions, Molly C. Schmidt
Liberating Legal Aid: Reducing Covid-19'S Justice Gap And Promoting Health By Removing The Legal Services Corporation's Class Action And Advocacy Restrictions, Molly C. Schmidt
Cleveland State Law Review
The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by ow-income Americans served by LSC-funded legal aid organizations: the growing "justice gap." The justice gap represents the unmet civil legal needs of low-income Americans. The justice gap perpetuates poverty, conceals health-harming legal problems, and furthers racial disparities. Despite the LSC’s essential role in reducing the justice gap and promoting “equal access to justice,” Congress consistently underfunded the LSC before and during COVID-19. Congress has also prohibited the LSC-funded legal …
Elitism In The Legal World: A Comparison Between The U.K. And U.S.A, Michael Johnson Jr
Elitism In The Legal World: A Comparison Between The U.K. And U.S.A, Michael Johnson Jr
Faculty Curated Undergraduate Works
In this paper I will be discussing the various ways that the United Kingdom has played an integral part in creating the way the world looks at and practices common law, while also addressing the systemic racism and elitism entrenched in the U.K. legal system. I will also be comparing the U.K. to the United States as American law was built on the influence of British law and share deep similarities to how minorities are treated due to constant and ongoing systemic disadvantages and legal elitism. I will be discussing how the U.K. and U.S. are trying to address the …
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.
Keep Austin…White? How Equitable Development Can Save Austin, Texas From Its Racist Past And Homogenized Future, Kaylie Hidalgo
Keep Austin…White? How Equitable Development Can Save Austin, Texas From Its Racist Past And Homogenized Future, Kaylie Hidalgo
Texas A&M Journal of Property Law
More than a century of racist federal, state, and local government policies created inequitable and racially segregated neighborhoods through a practice known as redlining. I-35 in Austin, Texas, represents one of the most iconic and stark segregationist splits in the country, with the Eastside being impoverished and mostly Black while the Westside’s mostly White population thrives. As a result, Austin is the only fastest-growing city in the nation losing people of color. While there have been some private and local efforts in Austin and across the country to increase investment in marginalized and divested communities, most of these approaches are …
Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher
Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher
All Faculty Scholarship
This article addresses the systemic racialized harm of a vast injustice enterprise, with a focus on the symbiotic operations of agencies and justice systems monetizing vulnerable children and families, including the impact of contractual revenue schemes uncovered in my new book, Injustice, Inc. Our foundational justice systems are permeated by a history of racial injustice, and that history reverberates into factory-like operations that churn children and the poor into revenue. The revenue-generating mechanisms used by juvenile and family courts, prosecutors, probation departments, police, sheriffs, and detention facilities all draw the concerning historical connection—interlinked with the practices of child and …
Get Out: Structural Racism And Academic Terror, Renee Nicole Allen
Get Out: Structural Racism And Academic Terror, Renee Nicole Allen
William & Mary Journal of Race, Gender, and Social Justice
Released in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.
Like Get …
An Intelligent Path For Improving Diversity At Law Firms (Un)Artificially, Rimsha Syeda
An Intelligent Path For Improving Diversity At Law Firms (Un)Artificially, Rimsha Syeda
Michigan Technology Law Review
Most law firms are struggling when it comes to diversity and inclusion. There are fewer women in law firms compared to men. The majority of lawyers—81%—are White, despite White people making up only about 65% of the law school population. Lawyers of color remain underrepresented with the historic high being only 28.32%. By comparison, 13.4% of the United States population is Black and 5.9% is Asian. The biases that perpetuate this lack of diversity in law firms begin during the hiring process and extend to associate retainment. For example, an applicant’s resume reveals a lot, including the prestige of the …
Startup Biases, Jennifer S. Fan
Startup Biases, Jennifer S. Fan
Articles
This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First, homophily—the idea that like attracts like—abounds and has been part of the DNA of venture capital since its inception. The thick networks that developed as venture capital made its way from the East Coast to the West Coast were limited to an elite group that …
Racial Equality Compromises, Yuvraj Joshi
The Hyper-Incarceration Of Female Minority Juvenile Offenders Within The Juvenile And Criminal Justice Systems, Ruth C.A. Philippe
The Hyper-Incarceration Of Female Minority Juvenile Offenders Within The Juvenile And Criminal Justice Systems, Ruth C.A. Philippe
Selected Honors Theses
Young women are the fastest-growing portion of the juvenile justice system population. Girls experience risk factors at higher rates than boys, exhibit mental health issues at higher rates than boys, suffer more negative consequences from justice system involvement than system-involved boys, and are less likely to access treatment than boys. Girls are also more likely to become involved with the justice system for minor offenses such as running away or skipping school. In particular, young women of color receive unfair treatment than their counterparts. Girls of color are disadvantaged and treated differently within both the juvenile and criminal justice systems …
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr
Michigan Journal of Race and Law
Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because …
Policy’S Place In Pedestrian Infrastructure, Michael L. Smith
Policy’S Place In Pedestrian Infrastructure, Michael L. Smith
Dickinson Law Review (2017-Present)
Angie Schmitt’s Right of Way: Race, Class, and the Silent Epidemic of Pedestrian Deaths in America delves into the complex, multi-layered phenomenon of how traffic infrastructure and policies systematically disadvantage pedestrians and contribute to thousands of deaths and injuries each year. Despite the breadth of the problem and its often-technical aspects, Schmitt presents the problem in an engaging and approachable manner through a step-by-step analysis combining background, statistics, and anecdotes. While Right of Way tends to focus on infrastructure design, it offers much for legal scholars, lawyers, and policymakers. Schmitt addresses several policy issues at length in the book. But …
Interracial Coalition Building: A Filipino Lawyer In A Black-White Community, Victor C. Romero
Interracial Coalition Building: A Filipino Lawyer In A Black-White Community, Victor C. Romero
Dickinson Law Review (2017-Present)
The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America’s self-definition as a nation of immigrants. Heeding Eric Yamamoto’s four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the author’s own experience as an Asian- American volunteer attempting to serve and lead a traditionally African-American civil rights organization in a predominantly white, rural town in Pennsylvania. Three lessons emerge from this experience. When volunteering, it is important to answer the call to serve even when in …