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Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Testing The Protest Paradigm And Racial Threat: Analyzing Articles Of Blm Protests In 2014 And 2020, Rebecca Angela Ruiz

USF Tampa Graduate Theses and Dissertations

The study examines the media coverage of Black Lives Matter protest in years 2014 & 2020. I collected a sample of articles (n=120) from 6 national-level media outlets that varied in political leans. Using the Protest Paradigm and Racial Threat theoretical frameworks to analyze the results, findings suggest that the articles do reflect upon the Protest Paradigm through overall negative sentiment and significant references to looting. I also argue that articles may also reflect racial threat due to a lack of transparency of protesters’ racial makeup or diversity attending demonstrations.

Racial Differences In Perceptions Of Sanction Severity, Sarah L. Franklin

USF Tampa Graduate Theses and Dissertations

Research has consistently found an association between race and relative perceptions of incarceration severity. Black people view incarceration as less severe than an equivalent period of probation. However, few studies have examined why this relationship exists. The present study surveys a large sample of young adults to examine whether the observed relationship between race and incarceration severity can be replicated. In doing so, the study then considers whether constructs related to socioeconomic status, criminal system experiences, perceptions of legitimacy, and sanction attitudes explain the racial divide. Results indicate a significant relationship between race and incarceration severity, such that Black people, …

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …

A Preliminary Investigation Of The Use Of Racial/Ethnic Categories In Emergency Telephone Calls In The United States, Angela Garcia

Natural & Applied Sciences Faculty Publications

This paper uses conversation analysis to investigate how participants in emergency telephone calls in the United States use racial/ethnic categories to describe persons of interest such as suspects, victims, or persons needing assistance. It problematizes the use of racial/ethnic categories in these calls by first analyzing an instance of a caller’s racial profiling (in which racial categories are used to justify the call). This instance of racial profiling is then compared with 15 routine emergency service calls to reveal how callers and call takers routinely introduced racial/ethnic categories. I describe how both deviant and routine uses of these categories could …

Race And Hedge Funds, Yan Lu, Narayan Y. Naik, Melvyn Teo

Research Collection Lee Kong Chian School Of Business

We find that minority operated funds deliver higher alphas, Sharpe ratios, and information ratios than do non-minority operated funds. Moreover, minority fund managers attended more selective schools, worked at higher status investment banks, and are more likely to hold post-graduate degrees. Yet, minority managers raise less start-up capital and attract lower investor flows. Racial homophily fuels investors' appetite for non-minority funds. To address endogeneity, we leverage on an event study of minority manager fund transitions and an instrumental variable analysis that exploits racial imprinting during childhood. The results suggest that minorities face significant barriers to entry in the hedge fund …

The New Jim And Jane Crow Intersect: Challenges To Defending The Parental Rights Of Mothers During Incarceration, Carla Laroche

Scholarly Articles

Family law scholars and advocates have expressed the importance of providing counsel to parents in the family regulation system, especially parents who are incarcerated, because of the system’s complexities. This article establishes, however, that when mothers must navigate both the family regulation and criminal legal systems, the protections appointed parents’ counsel are supposed to provide are weakened. These harms are heightened especially for Black mothers within the carceral state. As this article shows, appointed lawyers in family regulation cases cannot properly protect the due process rights of mothers who are incarcerated because of the added challenges both mothers and their …

Racial Bias In The Association Of Externalizing Symptoms With Black And White Children: The Development And Application Of An Implicit Association Test, Maura Francis

Theses and Dissertations

The objective of this study was to test the hypothesis that school and mental health professionals more strongly associate externalizing behaviors with Black children compared to White children. To test this hypothesis, we developed an implicit association test to determine if there was a difference in the reaction times in classifying symptoms as externalizing when the symptoms were paired with the word “Black Child” as opposed to paired with the word “White Child”. In a sample of 54 school and mental health professionals, we found clear evidence in support of our hypothesis. The existence of this implicit bias may explain …

Reinforcing The Web Of Municipal Courts: Evidence And Implications Post-Ferguson, Beth Huebner, Andrea Giuffre

Criminology and Criminal Justice Faculty Works

Investigations in Ferguson, Missouri, revealed that many individuals, particularly Black people, entered the criminal justice system for relatively minor offenses, missed court appearances, or failure to pay fines. Municipal courts were focused on revenue generation, which led to aggressive enforcement of municipal codes. Although subsequent reforms were passed, little is known about whether and how the legislative changes influenced the law-in-action in the municipal courts. Using data from qualitative interviews with St. Louis area residents and regional court actors, as well as court observations, this article documents the legal structure of municipal courts in the region after Ferguson. We address …

A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson

Psychology Faculty Scholarship

Objectives: In October 2021, APA passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. The present report, developed to inform APA’s policy resolution, details the scope of the problem and offers recommendations for policy and psychologists to address the issue by advancing related science and practice. Specifically, it acknowledges the roots of modern-day racial and ethnic disparities in rates of criminalization and punishment for people of color as compared to White people. Next, the report reviews existing theory and research that helps explain the underlying psychological mechanisms driving racial and ethnic disparities …

Our Silence Will Not Protect Us . . . And Neither Will J. Edgar Hoover: Reclaiming Critical Race Theory Under The New Mccarthyism, Christina Hsu Accomando, Kristin J. Anderson

Humboldt Journal of Social Relations

The right-wing attack against critical race theory is the latest manufactured panic designed to whip up supporters of a party beholden to Donald Trump. Since late 2020, hundreds of measures have been introduced across the U.S. to ban antiracism education, critical race theory, the 1619 Project, and any understanding of racism as systemic and embedded in U.S. history and law. While an understandable reaction of educators is to declare that they are not teaching critical race theory, our position is to reclaim critical race theory for the powerful lens it offers in understanding the history of the U.S., the protracted …

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …

Policing The College Campus: History, Race, And Law, Katheryn Russell-Brown, Vanessa Miller

UF Law Faculty Publications

The structure, impact, and historical roots of campus policing on the American college campus receives little academic attention. In fact, campus policing is often overlooked in legal analyses and research studies, including its relationship to race. Campus policing and race deserves a critical assessment from legal scholars because race is fixed to the ways the criminal-legal system presents itself on campus. The racialized implications of policing on campus are rooted in historical social and legal contexts that still exist today. However, the lack of research on campus policing is not surprising. American colleges and universities have successfully marketed themselves as …

Exploring Race And Racism In The Law School Curriculum: An Administrator's View On Adopting An Antiracist Curriculum, Amy Gaudion

Faculty Scholarly Works

This article provides a candid assessment of the demanding, and rewarding, work that is required to put into action the written words of institutional support for implementing an Antiracist curriculum. This article starts by describing the two Penn State Dickinson Law faculty resolutions that committed the faculty to condemn racism and bias against our Black and Brown brothers and sisters, while committing to teach and learn according to Antiracist pedagogy and best practices. It then describes the resolve to become Antiracist teachers, discusses the investments in curricular policy and reform, and details the bureaucratic processes to accomplish the following: adding …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez

Faculty Publications & Other Works

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Transforming The Culture Of Youth Justice In The Wake Of Youth Prison Closures, Jessica K. Heldman

Lewis & Clark Law Review

In 2019, the Governor of California vowed to fundamentally transform the state’s youth justice system. The legislature endorsed this commitment by enacting SB 823, which began a phased closure of state-run youth prisons in 2021. California is not the first state—nor will it be the last—to close facilities in light of decreased youth crime and greater awareness of the harms associated with incarceration. Although a welcomed development, the closure of youth prisons should not be viewed as the culmination of reform; rather, it is only the beginning. To achieve far more impactful change, state and local jurisdictions must confront the …

Where Black Lives Matter Less: Understanding The Impact Of Black Victims On Sentencing Outcomes In Texas Capital Murder Cases From 1973 To 2018, Jelani Jefferson Exum, David Niven

Faculty Publications

The systemic disregard for Black lives in America was on full display when footage of a police officer kneeling on the neck of George Floyd went viral. Mr. Floyd’s resultant death set off protests declaring that Black Lives Matter throughout the nation and across the world. While national attention rightfully turned to demanding police accountability for undue violence, the prevailing conversation also incorporated at least a declared concern for addressing institutionalized racism within the criminal justice system and other American institutions. The term of the day became “antiracism.” With regard to police killings, the lesson is that police officers disproportionately …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Investigating Beliefs: White Female Teachers' Perceptions Of Black Boys And Their Subsequent Achievement-A Qualitative Study, Kirky L. Morris

All Graduate Theses, Dissertations, and Other Capstone Projects

Black males continue to be the lowest-performing subgroup on state standardized tests in the United States of America. A very large majority of teachers are White females. This study examined the impact of White female teachers' beliefs and actions on the achievement of Black male students. Data was collected via interviews with White female teachers that teach in grades 3, 4, and 5 in a Midwestern urban city. Because I’m a Black male principal and the participants were White females, we were intentional about having a White female do the interviews so that the participants could answer questions about their …

Disciplinary Practices Among High School Administrators, Stephanie Ganaway-Pasley

Walden Dissertations and Doctoral Studies

School administrators are responsible for the safety and physical well-being of the students. Although school disciplinary policies are in place, there is a problem with school administrators' practices and decisions when administering discipline for students' inappropriate behavior. The purpose of this mixed-method study was to explore the disciplinary processes used by school administrators when administering student discipline to determine the relationship between levels of offenses and the gender and race of students. Guided by the theory of justice, this study investigated the relationship between the level of offenses and disciplinary processes that reflect the level of offenses, as described in …

Race And The Criminal Law Curriculum, Cynthia Lee

GW Law Faculty Publications & Other Works

This chapter briefly sketches a few places in the substantive criminal law curriculum where law professors can include discussion of race to enrich students’ understanding of the law. These include racially based jury nullification, the void-for-vagueness doctrine, hate crimes and the actus reus requirement, voluntary manslaughter and the defense of provocation, involuntary manslaughter, rape, the doctrine of self-defense, the “Black rage” defense, and the “cultural defense.” The chapter also discusses the Guerilla Guides to Law Teaching project, which suggests that criminal law professors introduce the concept of abolition of the carceral state as a framework through which students can “question …

Racial Capitalism In The Civil Courts, Tonya L. Brito, Kathryn A. Sabbeth, Jessica Steinberg, Lauren Sudeall

GW Law Faculty Publications & Other Works

This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket settings, including civil courts.

The lens of racial capitalism enriches access to justice scholarship by explaining how and why state civil courts subordinate racialized groups and individuals. Civil cases are often framed as voluntary disputes among private parties, yet many racially and economically marginalized litigants enter the civil legal system involuntarily, and the state …

Getting To Death: Race And The Paths Of Capital Cases After Furman, Jeffrey A. Fagan, Garth Davies, Ray Paternoster

Faculty Scholarship

Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman …

Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Civil Rights Catch 22s, Jonathan Feingold

Faculty Scholarship

Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground community plight—such as academic underachievement or overincarceration. Rational plaintiffs, responding in kind, deploy legal narratives that tend to track racial stereotypes and regressive theories of inequality. When this occurs, even successful lawsuits can harden the structural and behavioral forces that produce and perpetuate racial inequality.

I refer to …

Of Afrofuturism, Of Algorithms, Ngozi Okidegbe

Faculty Scholarship

Algorithms are proliferating in criminal legal structures. The predictions produced by these algorithms inform life-altering decisions around surveillance and incarceration. Their continued use poses a challenge to ongoing racial justice efforts. Contesting how algorithms of today maintain the racial status quo requires a fundamental rethinking of the algorithm project. This essay explores how Afrofuturism can facilitate such a rethinking. It imagines how applying an Afrofuturist paradigm to the adoption, construction, implementation, and oversight of algorithms could radically change the kind of algorithms developed and the purposes for which they are developed. Tapping into this potential offers the chance for members …

Pets And Problems: Exploring Community Patterns In Calls For Animal Services, Paige Dejarnett

Sociology and Criminology Undergraduate Honors Theses

Pets have historically been viewed as family members, children, property, or economic resources. However, research surrounding animal maltreatment has expressed this issue as an individually-based problem, rather than a community-based phenomenon. Correlations have been found between animal cruelty, antisocial behaviors, and future interpersonal violence, whether this correlation be a predictive relationship, or a resultant relationship. Past research has also found correlations between animal treatment practices and the rural/urban differences of this behavior. However, there are many community-based indicators that have not been explored to understand the distribution of animal maltreatment. This study aims to explore these ideas by analyzing the …

Restorative Practices: Its Impact On Racial Inequity In Pk-12 Schools, Shelia Evonne Boozer

Theses and Dissertations

PagesThis research explores the relationship between Restorative Practices and race, specifically how Black students experience RP when race is not centered. It also explores the ways anti-Blackness influences the implementation of restorative practices and results in further racial inequities and racial oppression through the lens of Critical Race Theory. The central research questions are: In what ways, if any, does RP address racial inequities in PK-12 schools? In what ways do districts implement RP? In what ways, if any, does RP impact institutional racism in school systems? How does RP address the social and emotional issues of historically marginalized students …

City Of Los Angeles V. Lyons: How Supreme Court Jurisprudence Of The Past Puts A Chokehold On Constitutional Rights In The Present, Peter C. Douglas

Northwestern Journal of Law & Social Policy

The United States today has refocused its attention on its continuing struggles with civil rights and police violence—struggles that have always been present but which come to the forefront of the collective consciousness at inflection points like the current one. George Floyd—and uncounted others—die at the hands of the police, and there is, justifiably, outrage and a search for answers. Although the reasons why Black and Brown people are disproportionally subject to unconstitutional police violence are manifold, one reason lies in the Supreme Court’s 1983 decision in City of Los Angeles v. Lyons. While many scholars have criticized the Burger …

Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros

Northwestern Journal of Law & Social Policy

This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools.

Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to …