Law and Society Commons^™

When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry

Department of Justice Studies Faculty Scholarship and Creative Works

This review of the Sundance Award-winning documentary film, Gideon’s Army, examines the disparate impact of the criminal justice system on the poor and, particularly, poor people of color.

Israel’S Rosit The Riveter: Between Secular Law And Jewish Law, Pnina Lahav

Faculty Scholarship

In the world of Judaism, the “end of men” is not in sight. Surely, tectonic plates are sliding and shifting, and a great deal of change is unfolding, but men are fighting hard to keep patriarchy alive. Deep inside, the Orthodox patriarchal man may be motivated by the sheer impulse to maintain his power, but outwardly he projects a profound commitment to his religious law, the law of God. He believes that his fight is a noble one ordained by divine will and that God is on his side. The problem is global; it appears in every Jewish community around …

Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii

School of Law Faculty Publications

Article explores how civil society might become sufficiently organized to hold business accountable beyond consumer choice, and government beyond merely voting.

Growing Inequality And Racial Economic Gaps, Thomas W. Mitchell

Faculty Scholarship

Over the past several decades, economic inequality has grown dramatically in the United States while inter-generational economic mobility has declined, which has challenged the very notion of the "American Dream." In fact, the United States is more economically unequal than most other industrialized countries. Further, there are dramatic and growing racial economic gaps in this country. Despite the Occupy Wall Street Movement, and the various spinoffs it has catalyzed, there has not been any sustained, widespread social movement to address economic inequality in the United States over the course of the past several decades. Furthermore, it is unlikely that a …

A Latina Law Professor's Personal Perspective After The Zimmerman Trial Verdict, Maritza I. Reyes

Journal Publications

No abstract provided.

Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Spearit

Articles

This work examines mass incarceration through a ritual studies perspective, paying explicit attention to the religious underpinnings. Conventional analyses of criminal punishment focus on the purpose of punishment in relation to legal or moral norms, or attempt to provide a general theory of punishment. The goals of this work are different, and instead try to understand the cultural aspects of punishment that have helped make the United States a global leader in imprisonment and execution. It links the boom in incarceration to social ruptures of the 1950s and 1960s and posits the United States’ world leader status as having more …

Across The Hudson: Taking The Stop And Frisk Debate Beyond New York City, David A. Harris

Articles

This article presents the results of a survey conducted by the author of 56 police departments across the country concerning the practice of data collection on stop and frisk practices of those police departments. These results are discussed against the backdrop of the debate on stop and frisk, examined in this article through a review of the legal basis for the practice and its use by police departments. The article then argues that greater data collection efforts in places other than New York City, where such efforts have been more robust than elsewhere, could broaden and deepen the debate on …

Black Women's Post-Slavery Silence Syndrome: A Twenty-First Century Remnant Of Slavery, Jim Crow, And Systemic Racism--Who Will Tell Her Stories?, Patricia A. Broussard

Journal Publications

One hot summer's day in the late 1950s, a young mother put her three young children down for a nap. She also bathed and prepared four of her sister's children for naptime. This young woman had volunteered to care for her nephew and nieces while their mother, her younger sister, was in the hospital delivering her fifth child. A short while after putting all of the children in their beds, the children's father, her brother-in-law, knocked on the door. The young woman assumed that he had come over to see his children and to bring them news of their mother …

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

All Faculty Scholarship

No abstract provided.

Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig

Articles

This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities in …

The Promises Of Freedom: The Contemporary Relevance Of The Thirteenth Amendment, William M. Carter Jr.

Articles

This article, an expanded version of the author's remarks at the 2013 Honorable Clifford Scott Green Lecture at the Temple University Beasley School of Law, illuminates the history and the context of the Thirteenth Amendment. This article contends that the full scope of the Thirteenth Amendment has yet to be realized and offers reflections on why it remains an underenforced constitutional norm. Finally, this article demonstrates the relevance of the Thirteenth Amendment to addressing contemporary forms of racial inequality and subordination.

Assessing Analogous Grounds: The Doctrinal And Normative Superiority Of A Multi-Variable Approach, Joshua Sealy-Harrington

Law Publications

Lady Gaga’s “Born This Way” brand of equality rights advocacy is premised, in part, on the injustice of being discriminated against because of personal characteristics beyond our control. Her political message has broad appeal and a long history. From the suffragettes to Martin Luther King, Jr., many of the most influential civil rights advocates have made arguments that centred on so-called immutable personal characteristics. This popular attitude has also played a significant role in the evolution of equality rights under the Canadian Charter of Rights and Freedoms, influencing the doctrine for determining grounds of discrimination analogous to those enumerated in …

The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones

Faculty Scholarship

No abstract provided.

Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran

Faculty Scholarship

The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring court-ordered busing to a school system outside the South. In the intervening years, that initial success became laden with irony. Because Denver was a tri-ethnic community of whites, blacks, and Latinos, the litigation revealed the complexities of pursuing reform in a school district not defined by a history of black-white relations.

The courts had to decide whether Latinos would count as …