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Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
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- University of Pennsylvania Carey Law School (4)
- Selected Works (3)
- University of Colorado Law School (3)
- William & Mary Law School (3)
- Minnesota State University, Mankato (2)
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- University of South Florida (1)
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- All Faculty Scholarship (4)
- Public Sociology Publications and Projects (2)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (2)
- A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8) (1)
- Bookshelf (1)
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- Cultural Encounters, Conflicts, and Resolutions (1)
- Doctoral Dissertations (1)
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- Human Rights & Human Welfare (1)
- Lan Cao (1)
- Law Faculty Scholarship (1)
- Masters Theses & Specialist Projects (1)
- Michael E. Stone (1)
- New England Journal of Public Policy (1)
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Articles 1 - 30 of 32
Full-Text Articles in Social and Behavioral Sciences
Winning The Battle, Winning The War, Malka Herman
Winning The Battle, Winning The War, Malka Herman
William & Mary Law Review Online
This Article analyzes Derrick Bell's interest-convergence theory and its utility for lawyers when litigating for the rights of nondominant groups. The first part of this Article studies four different cases in which plaintiffs or amicus curiae chose arguments that highlighted the ways their interests converged with potential allies. The Article uses these cases as examples of four different ways that a lawyer can engage in interest-convergence litigation. The strategies examined in this Article rest on two axes: dominant/nondominant narrative convergence and natural/unnatural ally convergence. An analysis of the effects of each of these techniques makes it clear that dominant narrative …
Studying The Relationship Between Ethnic Identity And Resiliency: A Broad Approach, Mary Zheng
Studying The Relationship Between Ethnic Identity And Resiliency: A Broad Approach, Mary Zheng
Honors Program Theses and Projects
Ethnic minorities in the United States face prejudice and racial discrimination, causing feelings of distress. However, ethnic minorities have shown an ability to overcome these negative experiences. Racial identity has been associated with more adjustments and higher functioning for ethnic minorities. To gain a clearer understanding of this phenomenon, we included White people in this study to gain an accurate picture of how resiliency operates differently for people of color and Whites and if it is indeed distinct between the two groups. The purpose of this project is to find and examine the link between ethnic identity and resiliency in …
Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo
Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
Analyzing Wrongful Convictions Beyond The Traditional Canonical List Of Errors, For Enduring Structural And Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies), Leona D. Jochnowitz, Tonya Kendall
Analyzing Wrongful Convictions Beyond The Traditional Canonical List Of Errors, For Enduring Structural And Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies), Leona D. Jochnowitz, Tonya Kendall
Touro Law Review
Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness identifications; false confessions) will continue to re-occur. Identifying structural problems may help to prevent future wrongful convictions. The research involves the coding of archival data from the Innocence Project for seventeen cases, including the one for the Central Park Five exonerees. The data were coded by Hartwick College and Northern Vermont University students …
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
School of Law Conferences, Lectures & Events
No abstract provided.
Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson
Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson
All Faculty Scholarship
Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …
The Drug War In America: How Much Damage Has It Done, Sherrod D. Hollingshed
The Drug War In America: How Much Damage Has It Done, Sherrod D. Hollingshed
Honors College Theses
For decades, the War on Drugs has had a profound effect on the United States of America. The effects include high arrest rates, creation of private prisons, and unequal treatment of minorities by the Criminal Justice System. For the past several years, heightened attention has been paid to the War on Drugs. There have been calls to legalize certain drugs, such as marijuana, and calls to completely end the War on Drugs. The purpose of this study is to (1) study the history of the War on Drugs in America and discuss the effects that it has had on America, …
Bias In, Bias Out, Sandra G. Mayson
Bias In, Bias Out, Sandra G. Mayson
All Faculty Scholarship
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether.
This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies …
The Impact Of Affirmative Action On The Employment Of Minorities And Women Over Three Decades: 1973-2003, Fidan Ana Kurtulus
The Impact Of Affirmative Action On The Employment Of Minorities And Women Over Three Decades: 1973-2003, Fidan Ana Kurtulus
Upjohn Institute Working Papers
What role has affirmative action played in the growth of minority and female employment in U.S. firms? This paper analyzes this issue by comparing the employment of minorities and women at firms holding federal contracts and therefore mandated to implement affirmative action, and at noncontracting firms, over the course of three decades spanning 1973–2003. It constitutes the first study to comprehensively document the long-term impact of affirmative action in federal contracting on the U.S. employment landscape. The study uses a new panel data set of over 100,000 large private-sector firms across all industries and regions, obtained from the U.S. Equal …
Racial Justice Study: An Examination Of Ticket Citations In The City Of Mankato, Minnesota, Meagan Hammers, C. J. Hays, Hannah Laniado
Racial Justice Study: An Examination Of Ticket Citations In The City Of Mankato, Minnesota, Meagan Hammers, C. J. Hays, Hannah Laniado
Public Sociology Publications and Projects
This study examines if there is racial disparity in policing in the city of Mankato, Minnesota by examining all traffic ticket citations given for a six-month period in 2014. The authors created a data set and examined statistical relationships between the observed race of those receiving tickets and the types of tickets received. This study discovered statistically significant findings of over policing of minorities; while minorities represent roughly ten percent the population in Mankato, they make up approximately 22% of the population cited. Further, minorities were about three times more likely than whites to receive a ticket for administrative offenses, …
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke
Public Sociology Publications and Projects
This study examines potential race and gender disparities in sentencing decisions in Blue Earth County, MN courts. Using qualitative field observations and a grounded theory approach, authors observed and analyzed court proceedings. In total, three researchers conducted seven weeks of observations; the final sample consisted of 95 observed court sessions, 50 of them being closed court cases. Results show little discrepancy in gender and charges and sentencing rates. Though there are racial discrepancies in charges that suggest discriminatory policing decisions, the data shows that minority members are being sentenced at a similar rate compared to white defendants. In all cases …
Interpreting, Stephanie Jo Kent
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi
Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi
Cultural Encounters, Conflicts, and Resolutions
This essay picks up a few threads in the ongoing debate on national identity in Italy. Immigration and the intertwining of cultures locally have stretched the contours of the nation state to a breaking point. As a result, the social self has become a sharply contested terrain between those who want to install a symbolic electronic fence around an imagined fatherland and those who want a more inclusive nation at home in a global world. After discussing the views of Amin Maalouf (2000), Alessandro Dal Lago (2009), Abdelmalek Sayad (1999) and Patrick Manning (2005) on national identity and migration in …
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
Lan Cao
No abstract provided.
Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles
Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Shelter Poverty: The Chronic Crisis Of Housing Affordability, Michael E. Stone
Shelter Poverty: The Chronic Crisis Of Housing Affordability, Michael E. Stone
Michael E. Stone
This paper examines housing affordability in the United States over the past three decades using the author’s concept of “shelter poverty.” The major findings are as follows: The number of shelter-poor households has been over 30 million since the early 1990s, an increase of more than 70 percent since 1970. Among families with children, rates of shelter poverty are much higher, and over the past several decades have risen faster, than among households with just one or two persons. Nearly half of all renter households are shelter-poor, victims of low incomes and rising rents; most low-income renters are headed by …
Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)
Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)
A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8)
The future of the planet may depend upon our ability to increase energy supplies even as we reduce carbon emissions. This conference will address how a low-carbon energy program might evolve with a particular focus on the American West. It will focus on the future of energy in the West--on a “managed transition” to a different energy mix, on the need to nest this effort in a framework that acknowledges interconnections, and on identifying the most salient opportunities to consider the legal, political, financial, and technical challenges.
Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach
Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach
Northwestern Journal of Law & Social Policy
As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely avoid the political opposition that tax policies focused on diet have encountered. In addition, they would also provide a more palatable solution for the taxpayer beneficiaries with a relatively low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, …
Framing Non-Whites And Producing Second-Class Citizens In France And Portugal, Bernd Reiter
Framing Non-Whites And Producing Second-Class Citizens In France And Portugal, Bernd Reiter
Government and International Affairs Faculty Publications
The quality of contemporary democracies hinges on the breadth and depth of the citizenship regimes on which democracy ultimately rests. This article argues that, to assess citizenship, two important dimensions are of crucial interest, namely to what extent formal citizens are able to live and practice substantive citizenship roles and, secondly, how access to citizenship rights is used by different societal groups in order to defend privilege. Having conducted a comparative case study of Portugal and France, I now argue that political elites are contributing to a framing of non-whites as foreigners and immigrants because it serves their purpose and …
Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne
Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.
This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …
Human Trafficking And Minorities: Vulnerability Compounded By Discrimination, Heidi Box
Human Trafficking And Minorities: Vulnerability Compounded By Discrimination, Heidi Box
Human Rights & Human Welfare
Human trafficking is an extreme human rights violation that impacts all populations across the globe and is characterized by force, fraud, and coercion intended for exploitation (Palermo Protocol 2000). Currently, human trafficking research is particularly limited by non-standard terminology and a clandestine research population. While estimates of the number of trafficked persons vary widely and are notoriously unsubstantiated, we can still arrive at some conclusions regarding the overall number of trafficked persons. One low estimate suggests that in 2005, at least 2.4 million people had been trafficked into forced labor situations and approximately 12.3 million people were victims of forced …
[Introduction To] The Legal Universe: Observations On The Foundations Of American Law, Vine Deloria, Jr., David E. Wilkins
[Introduction To] The Legal Universe: Observations On The Foundations Of American Law, Vine Deloria, Jr., David E. Wilkins
Bookshelf
According to Deloria and Wilkins, "Whenever American minorities have raised voices of protest, they have been admonished to work within the legal system that seek its abolition." This essential work examines the historical evolution of the legal rights of various minority groups and the relationship between these rights and the philosophical intent of the American founders.
Chapter 05 : Theories Of Culture And Cultures, Wolfgang Fikentscher
Chapter 05 : Theories Of Culture And Cultures, Wolfgang Fikentscher
Wolfgang Fikentscher
Inclusive online updates jan10. Chapter 5 on the attributes of culture and cultures is structured according to the influence of the axial age. The term has already been mentioned in Chapter 1 II. 4. and Chapter 3 III, IX. 2., above.What does axial age mean, and how is it related to other theories of cultural development? A new approach is offered as to the role of time concepts for the distinctions between cultures. By sketching circles of cultures (in particular the modes of thought that shape cultures) some modern issues find discussion, for example the question of whether in view …
Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ
Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency
16 slides
Agenda: The Climate Of Environmental Justice: Taking Stock, University Of Colorado Boulder. School Of Law
Agenda: The Climate Of Environmental Justice: Taking Stock, University Of Colorado Boulder. School Of Law
The Climate of Environmental Justice: Taking Stock (March 16-17)
On March 16-17, The Climate of Environmental Justice: Taking Stock conference gathered 125 academics and practitioners from around the country to consider the pressing issues facing low-income and/or communities of color that continue to be subjected to a disproportionate share of environmental maladies.
"Some people are more equal than others when it comes to bracing ourselves for the impacts of climate change," said conference organizer Professor Maxine Burkett. "Whether it's because poor folks lived in the lowest areas of New Orleans when Katrina floodwaters rushed in, or are less able to afford the cooling bill during increasingly frequent heat waves, …
A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett
A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett
All Faculty Scholarship
No abstract provided.
Shelter Poverty: The Chronic Crisis Of Housing Affordability, Michael E. Stone
Shelter Poverty: The Chronic Crisis Of Housing Affordability, Michael E. Stone
New England Journal of Public Policy
This paper examines housing affordability in the United States over the past three decades using the author’s concept of “shelter poverty.” The major findings are as follows: The number of shelter-poor households has been over 30 million since the early 1990s, an increase of more than 70 percent since 1970. Among families with children, rates of shelter poverty are much higher, and over the past several decades have risen faster, than among households with just one or two persons. Nearly half of all renter households are shelter-poor, victims of low incomes and rising rents; most low-income renters are headed by …
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
William & Mary Law Review
No abstract provided.
The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett
The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett
All Faculty Scholarship
No abstract provided.
A Vote Cast; A Vote Counted: Quantifying Voting Rights Through Proportional Representation In Congressional Elections, Michael Mccann
A Vote Cast; A Vote Counted: Quantifying Voting Rights Through Proportional Representation In Congressional Elections, Michael Mccann
Law Faculty Scholarship
The current winner-take-all or first-past-the-post system of voting promotes an inefficient market where votes are often wasted. In this system, representatives are selected from a single district in which the candidate with the plurality of votes gains victory. Candidates who appear non-generic can rarely, if ever, expect to receive the most votes in this system. This phenomenon is especially apparent when African-Americans and other minority groups seek elected office. In part because white voters constitute at least a plurality of voters in every state except Hawaii, minorities in the forty-nine other states have had historically little success in gaining election …