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Social and Behavioral Sciences Commons

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Law

Journal

Virginia Commonwealth University

Articles 1 - 10 of 10

Full-Text Articles in Social and Behavioral Sciences

Citizenship And Belonging: The Case Of The Italian Vote Abroad, David Aliano Jan 2010

Citizenship And Belonging: The Case Of The Italian Vote Abroad, David Aliano

Ethnic Studies Review

The ease in which people are able to travel and communicate with one another across national boundaries is challenging the way in which we identify ourselves and define our place in the world. In an increasingly globalized world the very concept of a national identity is itself being redefined as multiple identities and dual citizenships have become more common than ever. This process of global interconnectedness has progressed so rapidly in the past few years that many are beginning to question how we define national models. The European Union, NAFTA, MERCOSUR, multi-national corporate affiliations, and virtual communities over the internet …


Law And The Making Of Slavery In Colonial Virginia, Ashton Wesley Welch Jan 2004

Law And The Making Of Slavery In Colonial Virginia, Ashton Wesley Welch

Ethnic Studies Review

Some authorities from the antebellum period to the present have located the source of the American law of slavery in continental civil law codes and hence in Roman slave law. They have been unable or unwilling to connect the brutal system of institutionalized racial slavery that emerged in Virginia and elsewhere in the American slave kingdom with what they have perceived as an open, freedom-favoring Anglo-American legal system and have thus sought an explanation of its legal underpinnings in other jurisdictical standards. Both the absence of chattel slavery in English law and the common law's claimed bias in favor of …


The Suppression Of Diversity, Adrian J. Lottie, Phyllis A. Clemens Noda Jan 2003

The Suppression Of Diversity, Adrian J. Lottie, Phyllis A. Clemens Noda

Ethnic Studies Review

Is it a systematic strategy or a mutation of millennial ferver that drives the escalating challenges to the civil rights of this nation's racial, linguistic, and national origin minorities? Increasing juridical, legislative, and popular assaults on affirmative action policies coupled with the sometimes less heralded emergence of a de facto U.S. language policy are sweeping through the states. These activities draw on a consistent repertoire of approaches from the invocation of the very language and concepts of the civil rights movement to the isolationist "buzz-words" of early twentieth century advocates of "Americanization." In an effort to legitimize their efforts this …


Ethnic And Racial Definitions As Manifestations Of American Public Policy, Ashton Wesley Welch Jan 2003

Ethnic And Racial Definitions As Manifestations Of American Public Policy, Ashton Wesley Welch

Ethnic Studies Review

Official definitions of race and ethnicity in American law reveal a great deal about public policy in an environment of ethnic pluralism. Despite some ambiguity over who is black or Hispanic or an Aleut, relatively few people fall between the wide cracks in the American patchwork of identity classifications. Those cracks, however, tell us a great deal about the ambivalence of the American polity toward ethnicity.1


Ethnic Identity, Risk, And Protective Factors Related To Substance Abuse Among Mexican American Students, Edward Codina, Zenong Yin, Jesse T. Zapata, David S. Katims Jan 2001

Ethnic Identity, Risk, And Protective Factors Related To Substance Abuse Among Mexican American Students, Edward Codina, Zenong Yin, Jesse T. Zapata, David S. Katims

Ethnic Studies Review

This study examines the relationship between ethnic identity, risk and protective factors for substance use and academic achievement. Risk factors include deviant behavior and susceptibility to peer influence, while the protective factor is self-reported "confidence" not to use substances. The sample consists of 2,370 Mexican American students enrolled in eighth, ninth, and tenth grades. Results of the analysis (MANOVA) revealed that females had more positive ethnic identity than males. Furthermore, males were significantly more susceptible to peer influence, reported higher levels of deviant behavior, used more substances and had lower grade point averages than females. There was no significant difference …


Ethnicity And The Jury System, Ashton Wesley Welch Jan 2001

Ethnicity And The Jury System, Ashton Wesley Welch

Ethnic Studies Review

Discrimination in the jury system has been a matter of constitutional and ethical concern at least since the mid-nineteenth century. Ethnic and linguistic minorities have been disadvantaged by the use of the peremptory challenge, statutory requirements, and administrative practices which compromised the Sixth Amendment provision for a jury of one's peers with its implication for juror impartiality. Attacks on the discriminatory applications of those systems and practices resulted in reduction, as gradual as it was, of the exclusionary practices. Batson vs Kentucky made the Sixth Amendment guarantee more reachable for ethnic and linguistic minorities.


[Review Of] David Delaney. Race, Place, & The Law, David L. Hood Jan 1998

[Review Of] David Delaney. Race, Place, & The Law, David L. Hood

Ethnic Studies Review

David Delaney's work is informative and contributes to an understanding of race relations and the legal system. The central finding is that race relations exist in different spatial contexts at the same time. The author begins with the case Commonwealth v. Aves, 18 Pick. 193 (1836) which focuses on a young slave girl, "Med" and her freedom. The cause of action involved the movement of the servant girl to Massachusetts by her Louisiana master. The master was visiting relatives. Under Louisiana law Med was a slave, but Massachusetts law did not permit slavery.


Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Russell Endo Jan 1992

Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Russell Endo

Explorations in Ethnic Studies

Law in the United States may of course be viewed through a number of different perspectives. Over the past several decades, racial minorities have used litigation and legislation to reform institutional policies and practices, and this has given impetus to perspectives of law as a significant tool of constructive social change. While such frameworks have validity, Malik Simba's paper is a relevant reminder of the ideological and coercive dimensions of law and of its long history as a means of oppressing racial minorities.


Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Otis L. Scott Jan 1992

Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Otis L. Scott

Explorations in Ethnic Studies

For all intent and purposes the United States of America in 1927 was an apartheid state. The Plessy v. Ferguson decision in 1896 determined that the best social policy for this nation to pursue was one which required racial separation. The Plessy decision essentially capped a series of Supreme Court decisions which underscored the destruction of Reconstruction and the return of "states rights" to southern governments. Decisions like the Slaughter House Cases (1872) and the Civil Rights Cases (1883) gave clear evidence of the federal government's hasty retreat from serving as an advocate for the civil rights of African Americans.


Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity, Malik Simba Jan 1992

Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity, Malik Simba

Explorations in Ethnic Studies

In the constitutional case of Gong Lum v. Rice (1927), the United States Supreme Court, composed entirely of Bok Guey (whites), adjudged Hon Yen (Chinese) to be in the same social classification as Lo Mok (blacks).[1] The case, which pertained to "racially" segregated schools, reveals the problematic of law, race, and ethnicity.