Digital Commons Network^™

Capitalism And The Tax System: A Search For Social Justice, Beverly I. Moran

Vanderbilt Law School Faculty Publications

America is a country founded on ideas. The Enlightenment was one set of ideas that attended our birth and one Enlightenment belief as strong today as during the revolution is our faith in capitalism and the protection of private property. Yet, the United States tax system manages to violate fundamental capitalist principles as outlined in the extensive writings of Adam Smith - the father of capitalism. Comparing Smith's vision to the current United States tax system reveals many important inconsistencies, particularly the current penchant for simultaneously taxing wages while exempting (or delaying) taxes on wealth and wealth appreciation. The article …

The Forging Of Races: Race And Scripture In The Protestant Atlantic World, 1600-2000. By Colin Kidd, Armand L. Mauss

BYU Studies

Colin Kidd. The Forging of Races: Race and Scripture in the Protestant Atlantic World, 1600–2000. Cambridge, UK: Cambridge University Press, 2006.

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Scholarly Works

No abstract provided.

The Anomaly Of Racial Variance In Female Perpetrated Spousal Killing: A Structural Explanation, Mark Melder

LSU Doctoral Dissertations

ABSTRACT Research investigating the relationship of structural factors to homicide abounds in the literature. There is also extant research on female perpetrated intimate partner killings (IPK). However this literature for the most part has examined the phenomenon itself, or has disaggregated the rates by race, where it was discovered that there is a racial anomaly in intimate killings, Black females kill their partners at a higher rate than White females. This research sought to determine how structural factors function to differentially amplify this rate, using classic controls for homicide and adding measures for the presence of female kin, the presence …

Greek-Letter Membership And College Graduation: Does Race Matter?, Ronald E. Severtis Jr., C. Andre Christie-Mizell

The Journal of Sociology & Social Welfare

Research, utilizing a nationally representative sample of 3,712 Americans, revealed that Greek-letter membership increases the probability of college graduation more for African Americans than for European Americans. Conversely, father's education is a more robust predictor of educational outcomes for European Americans compared to their African American counterparts

Differences In The College Enrollment Decision Across Race, Robert Baumann

Economics Department Working Papers

The gap in college enrollment rates between whites and blacks has remained stable since 1990, despite large increases in tuition and higher average wages for whites. We find the determinants of the enrollment decision differ greatly between whites and blacks, and within race between black males and females, but not between white males and females. These systematic differences require separate enrollment estimations for each race and for blacks each gender. Specifically, responses to changes in family income, parents’ education, and school quality are vastly different across race-gender groups.

Poverty Duration, Maternal Psychological Resources, And Adolescent Socioemotional Outcomes, Bridget J. Goosby

Department of Sociology: Faculty Publications

This study seeks to assess the impact of maternal psychological well-being on the depression and anxiety levels and social withdrawal in a sample of young African American and Caucasian adolescents between the ages of 10 and 14 (N = 854) using data from the National Longitudinal Survey of Youth 1979 child sample. Analyses using structural equation modeling found (a) that the duration of time mothers spend in poverty strongly predicts maternal mastery and depressive symptoms and (b) that the effects of poverty duration on adolescent outcomes are mediated primarily by maternal depression and sense of mastery even after controlling for …

The Making Of ‘American’: Race And Nation In Neurasthenic Discourse, Brad Campbell

English

This paper considers the underexamined racial and nationalistic components of late nineteenth- and early twentieth-century neurasthenic discourse to propose that neurasthenia was as much a discourse of modern American identity as it was a discourse of disease. By closely reading the medical and general texts which helped to popularize it, and by scrutinizing the context of its vogue and supposed subsequent decline, this paper shows how neurasthenia was intimately bound up with the era’s politics of race, nationalism and citizenship. Countering traditional understandings of the disease, this study suggests that neurasthenia did not simply anticipate but was pre-eminently preoccupied with …

The Race Question In Latcrit Theory And Asian American Jurisprudence, Robert S. Chang, Neil Gotanda

Nevada Law Journal

No abstract provided.

Volunteer Discrimination, Angela Onwuachi-Willig

Faculty Scholarship

Part I of this Essay describes the new NBA dress code and then lays the framework for the discussions that ensued after the implementation of the code. Part II examines how some Blacks' defense of the allegedly discriminatory NBA appearance policy does not in itself negate claims of racial discrimination. In so doing, this Part explicates the various ways in which Blacks are pressured to perform their racial identity in order to advance in society - in particular, the ways in which outsiders often must conform to traditional standards of appearance and must distinguish themselves from the "bad outsiders" or …

Racial Profiling And Policing In North Carolina: Reality Or Rhetoric?, Randal J. Sluss

Electronic Theses and Dissertations

This thesis examined police practices of the North Carolina Highway Patrol concerning the occurrence of racial profiling. The sample data consisted of motorists stopped in North Carolina by the Highway Patrol between January 1, 2000 and July 31, 2000 (N = 332, 861). The findings suggested that race was a likely factor in pretextual stops. The results also indicate that racial profiling was occurring more in the western region than the eastern region of North Carolina. Theoretical reasons are offered in support of these findings.

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman

Faculty Publications

In response to the prevalent view that American law and legal institutions are class and color blind, this Article provides examples of how legal institutions sometimes do create and maintain racialized wealth disparities. The Article offers examples of this phenomenon by examining a sequence of federal judicial decisions, the federal taxing statutes, the role of legal education, and access to legal services. These examples are instructive because they cut across a broad spectrum of components of the American legal system. By revisiting issues of race and wealth in different legal settings from the Constitution to federal cases, the tax system, …

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, …

Thompson V. Hud: Groundbreaking Housing Desegregation Litigation, And The Significant Task Ahead Of Achieving An Effective Desegregation Remedy Without Engendering New Social Harms, Gina Kline

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A Domestic Right Of Return: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …

The Ties That Bind: Asian American Communities Without ''Ethnic Spaces" In Southeast Michigan, Barbara W. Kim

Ethnic Studies Review

According to the 2000 census, over 12 million Asian Americans, almost 70 percent of them either immigrants who came to the U.S. after 1970 or their children, comprised an ethnically and socioeconomically diverse population that was more regionally dispersed throughout the U.S. than ever before. (Lai and Arguelles, 2003). Despite these transitions and increasing heterogeneity, discourses about Asian American communities have focused on ethnic enclaves such as Chinatowns, Koreatowns, and Little Saigons where coethnic residents, businesses, services, institutions and organizations exist and interact in urban or suburban physical spaces of the bicoastal United States (Fong, 1994; Li, 1999; Zhou and …

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie M. Wildman

Fordham Urban Law Journal

This Article attempts to demonstrate that legal and racial disparities are taken into account in legal decisions and throughout the legal system, despite people's belief and hope that the law is color and wealth blind. Furthermore, this Article demonstrates that race has always affected U.S. law and the legal system. Finally, prominent examples of race-and-class-neutral law are not neutral at all, but include some inherent biases.

Disparity Rules, Olatunde C.A. Johnson

Faculty Scholarship

In 1992, Congress required states receiving federal juvenile justice funds to reduce racial disparities in the confinement rates of minority juveniles. This provision, now known as the disproportionate minority contact standard (DMC), is potentially more far-reaching than traditional disparate impact standards: It requires the reduction of racial disparities regardless of whether those disparities were motivated by intentional discrimination orjustified by "legitimate" agency interests. Instead, the statute encourages states to address how their practices exacerbate racial disadvantage.

This Article casts the DMC standard as a partial response to the failure of constitutional and statutory standards to discourage actions that produce racial …

Friday Night Lite: How De-Racialization In The Motion Picture Friday Night Lights Disserves The Movement To Eradicate Racial Discrimination From American Sport, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan

Duke Journal of Gender Law & Policy

No abstract provided.

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly I. Moran, Stephanie M. Wildman

Vanderbilt Law School Faculty Publications

Many believe that the legal system has achieved racial neutrality because statutes and regulations do not mention race. They do not view law and the legal system as one way that American society polices race and wealth disparities. Because American law seems removed from race and wealth concerns, legal workers see no place for such considerations in their education or practice.

Although the legal system has aspired to neutrality and equality, racialized wealth inequality has resulted and continues. This article considers the aspiration and shows how equality and neutrality can veil existing wealth inequality. Using examples from judicial decisionmaking and …

A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss

Publications

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …

Normative Nominalism: The Paradox Of Egalitarian Law In Inegalitarian Cultures - Some Lessons From Recent Latin American Historiography, Robert J. Cottrol

GW Law Faculty Publications & Other Works

This essay is a contribution to the discussion of the conflict that often exists between legal norms and legal practice in Latin America. It examines the conflict between equality under the law as a legal and constitutional norm in Latin America and the persistence of strong inequality as a social reality in Latin America. The essay examines this tension through a look at recent Latin American legal historiography. Essays include issues of race, class and the law in the nineteenth century Brazilian Empire, race and the law in early 20th century Cuba and Brazilian labor law in the middle and …

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

Black And Mormon By Newell G. Bringhurst And Darron T. Smith, Eds, Emmanuel A. Kissi

BYU Studies

Newell G. Bringhurst and Darron T. Smith, eds. Black and Mormon. Urbana, Ill.: University of Illinois Press, 2004.

Southern Rural Public Schools: A Study Of Teacher Perspectives, Leah P. Mccoy

The Qualitative Report

This ethnography explores teachers’ perspectives of the cultural issues affecting academic performance in twelve public high schools in rural Mississippi and Louisiana. Fr om a thematic analysis of the tape-recorded interviews of forty-one mathematics teachers, five categories emerged, each comprising a qualitative aspect of teaching high school in an economically depressed area of the deep South: society, race, students, families, and schools. Each of these categories is discussed and explicated using exemplars from the interviews to show how each category emerged from the data. In addition, the relationships among these categories, which form a destructive cycle of poverty, low expectations, …

Towards A Bibliography Of Critical Whiteness Studies, Tim Engles

Faculty Research & Creative Activity

As the title implies, this book offers a multi-disciplinary sampling of works that could serve as an initiation to the explosion of work in scholarly critical whiteness studies. The contributing bibliographers acknowledge that this work follows and builds upon a great deal of whiteness critique previously provided by African American writers, and by those writing from other racialized positions. Each section provides a solid introduction to key concepts and practices regarding whiteness in a particular field, including: philosophy, history, literature, cinema, the visual arts, psychology, education, media studies, qualitative inquiry, personal narratives, and international and comparative approaches.

Toward A Bibliography Of Critical Whiteness Studies, Tim Engles

Faculty Research & Creative Activity

As the title of this list implies, the following is a sampling of works that could serve as an initiation to the recent explosion of work in scholarly critical whiteness studies. Like many of these writers, we acknowledge that this work follows and builds upon a great deal of whiteness critique previously written by African American writers, and by those writing from other racialized positions. For an extensive sampling of such earlier work, see David Roediger’s anthology listed below, Black on White (and for discussion of such analysis as conducted by other racialized minorities, see Stephen Knadler’s The Fugitive Race: …

Towards A Bibliography Of Critical Whiteness Studies, Tim Engles

Faculty Research & Creative Activity

As the title implies, this book offers a multi-disciplinary overview of the explosion of work in scholarly critical whiteness studies. The contributing bibliographers acknowledge that this work follows and builds upon a great deal of whiteness critique previously provided by African American writers, and by those writing from other racialized positions. Each section provides a solid introduction to key concepts and practices regarding whiteness in a particular field, including: philosophy, history, literature, cinema, the visual arts, psychology, education, media studies, qualitative inquiry, personal narratives, and international and comparative approaches.

Race Matters In Bankruptcy Reform, A. Mechele Dickerson

Missouri Law Review

On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of ("BAPCPA") was signed into law and became fully effective for cases filed on or after October 17, 2005. 4 After considering bankruptcy reform for almost a decade, Congress ultimately concluded that some debtors were abusing bankruptcy laws by, among other things, discharging debts they had the means to pay. To curb this perceived abuse, Congress decided to radically overhaul the consumer provisions of the Code by generally making it harder for an opportunistic or "Abusive Debtor" to discharge his debts. Given the sweeping nature of these changes, …