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The Impact Of Race On Strickland Claims In Federal Courts In The South, Wyatt Gibson

Theses and Dissertations

The primary goal of this study was to examine the legal and extralegal factors that lead to positive outcome Strickland claims. Specifically, the initial purpose of the research was to test whether a defendant’s race affects his/her likelihood of receiving a positive outcome Strickland claim in the South. Prior literature has indicated that black defendants are more likely to receive the death penalty than white defendants, but this study did not find that race is a significant factor in determining the likelihood of a positive outcome Strickland claim in Southern circuits. Of the 207 Strickland claims studied across the Fourth, …

Do Americans’ Perceptions Of The Prevalence Of Prejudice Impact Their Racial Policy Preferences? Investigating Meta-Stereotypes As A Potential Causal Mechanism, Alexandra Reckendorf

Theses and Dissertations

Racial discrimination, though more subtle than in the past, is still an enduring presence in 21st century America. Whether looking at education, health care, the workforce, housing/lending practices, or the criminal justice system, studies routinely confirm that racial prejudice and discrimination persist despite claims of a “post-racial” America. Yet, despite the perseverance of racial prejudice and discrimination, policies correcting racial injustice remain contentious, either failing to receive the requisite support to pass reforms or receiving backlash from the public. This project explores meta-stereotypes in the Black and white communities, and highlights meta-stereotypes’ potential impact when determining why some individuals support …

Alternative Ways To Enumerate Data On Race In Puerto Rico: Are Racial Segregation And Spatial Clustering More Evident When Using A Culturally Grounded Methodology?, Reuben Allen

All-Inclusive List of Electronic Theses and Dissertations

Nationalist discourse concerning race in Puerto Rico generally states that residents are of the same racially mixed heritage—a combination of Spanish, West African, and indigenous ancestry of various degrees. However, literature and casual observations suggest that the population is characterized by greater variation in physical appearances than what is posited by “admixture” discourse. Moreover, and further complicating the understanding of race, 2010 U.S. Census data show that over 75 percent of Puerto Ricans self-identified as “White, alone”, and that only 3.3 percent of respondents indicated “Two or More Races.” Researchers, employers, and governmental agencies attempting to address or further analyze …

The Enduring Significance Of Race In Mixed-Income Developments, Amy T. Khare, Mark L. Joseph

Faculty Scholarship

While public housing reforms seek to address poverty among what is a predominantly African-American population, there has been little explicit attention given to the significance of race in the formation of new mixed-income communities. Indeed, the policy framing of these efforts has focused on economic integration and has been essentially silent about racial integration. In this article, we examine whether and how race remains relevant to the everyday life and experiences of residents in mixed-income developments. Drawing on a multiyear research study of three mixed-income developments in Chicago, we examine the nature of interracial and intraracial social dynamics within these …

Experiences Of African American College Graduates, Aundria C. Green

Department of Educational Administration: Dissertations, Theses, and Student Research

The purpose of this study was to explore the reasons that African-American alumni from a historically Black university (HBCU) and a predominantly White university (PWI) chose to attend, remain in, and graduate from college. The central research question was how do African Americans describe their college experiences? The secondary research questions were (a) What led the participants to attend college? (b) What led the participants to persist in college? (c) What led the participants to graduate from college? and (d) How was race described by the participants? Thirty-seven African-American graduates from a historically Black university (HBCU) and a predominantly White …

Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred

William & Mary Law Review

Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet …

Renewal And Disposability: Projects And Narratives Of Development And Dispossession In The "New" New Orleans, Allison Padilla-Goodman

Dissertations, Theses, and Capstone Projects

When much of the physical landscape of New Orleans was destroyed with Hurricane Katrina, expedited change and a need to redefine the city's future rushed in. The "new" New Orleans would be decisively different: it would be change-oriented, optimistic, and a leader in progressive reform movements. Discourse around post-Katrina New Orleans was focused on making New Orleans "better than before" and becoming a national leader for cutting-edge urban renewal. On-the-ground change mirrored this discourse, as the city's institutional landscape was dismantled and reconfigured along lines of privatization and newness as the trend of "accumulation by dispossession" (Harvey, 2005) blanketed the …

We Work, We Eat Together: Anti-Authoritarian Mutual Aid Politics In New York City, 2004-2013, David Spataro

Dissertations, Theses, and Capstone Projects

New York City's neoliberal restructuring has fundamentally transformed the city's labor market and privatized many important aspects of a once robust municipal welfare system. In this research I examine one radical response to these changes: anti-authoritarian mutual aid groups that blend Do-It-Yourself (DIY) culture with direct action politics. These are projects where activists attempt to build strong communities of resistance by organizing collective forms of social reproduction. I find that these projects are a threat to neoliberal urbanization because they reorganize reproduction beyond the household scale while simultaneously criticizing the social relations of capitalism as the root of household insecurity. …

Democracy Enhancement In Criminal Law And Procedure, Janet Moore

Faculty Articles and Other Publications

There is a democracy deficit at the intersection of crime, race, and poverty. The causes and consequences of hyperincarceration disproportionately affect those least likely to mount an effective oppositional politics: poor people and people of color. This Article breaks new ground by arguing that the democracy deficit calls for a democracy-enhancing theory of criminal law and procedure that modifies traditional justifications of retributivism and deterrence by prioritizing self-governance. Part I contextualizes the argument within cyclical retrenchments in movements for racial and economic justice. Part II sketches the contours of a democracy-enhancing theory. Parts III and IV turn that theoretical lens …

The Hyperregulatory State: Women, Race, Poverty And Support, Wendy A. Bach

Scholarly Works

Vulnerability and dependency theory offers a rich and promising vision for those who seek to conceptualize and build a more responsive state. In theorizing a road to a supportive state, however, what would it mean to take up the challenge of intersectionality? What would it mean to center the analysis around key aspects of the relationship between legal institutions and the poor, disproportionately women and families of color who have no choice but to avail themselves of what remains of a shredded social safety net? The Hyperregulatory State argues that, for women who have no choice but to avail themselves …

Neoliberalism And Public University Agendas: Tensions Along The Global/Local Divide, Peter Wanyenya, Donna Lester-Smith

Journal of Feminist Scholarship

Over the last decade, internationalization efforts have accelerated at leading postsecondary institutions in North America and elsewhere, with universities now aggressively competing for the most talented students worldwide. With the focus on recruiting international students, one of the major attendant objectives has seemingly been a social-justice-oriented agenda on tackling pressing global issues; the local has indeed become the global. However, not everyone is ostensibly benefiting from this new global focus. For some, their local issues and conditions are increasingly precarious and nonprioritized in institutional and broadening neoliberal governmental agendas. In the Canadian context, various Indigenous and low-income racialized communities, youth …

The New Drug War Or The New Race War: Incarceration's Impact On Minority Children, Families, And Communities, Karen P. Lawrence

Department of Conflict Resolution Studies Theses and Dissertations

This non-experimental study examines the issues of over-representation of minorities in the criminal justice system due to drug-related incidences, race relations, and the impact such representation has on families, children, and communities. The exploration of the current criminal justice efforts against drugs is presented through a meta-analysis qualitative lens in an effort to disseminate the information on those arrested, sentenced, and subsequently incarcerated for various drug offenses. In an attempt to understand the encyclical racial disparities that promulgate the criminal justice system, the study relies on information from several key theorists to cement the discussions in the research. Qualitative data …

Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda

Journal Articles

Through lessons learned from LatCrit 2013, this essay is hoping to evoke the missing sentiment of understanding and equality by signifying that the south that will rise again will be a south that is transformed, as Dr. Martin Luther King said “into an oasis of freedom and justice,” by moving out of its fears of understanding and moving to a far greater level of cross-cultural understanding.

"Continually Reminded Of Their Inferior Position": Social Dominance, Implicit Bias, Criminality, And Race, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article contends that implicit bias theory has improved contemporary understanding of the dynamics of individual bias. Implicit bias research has also helped to explain the persistent racial disparities in many areas of public policy, including criminal law and enforcement. Implicit bias theory, however, does not provide the foundation for a comprehensive analysis of racial inequality. Even if implicit racial biases exist pervasively, these biases alone do not explain broad societal tolerance of vast racial inequality. Instead, as social dominance theorists have found, a strong desire among powerful classes to preserve the benefits they receive from stratification leads to collective …

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Life And Death In Kentucky: Past, Present, And Future, Roberta M. Harding

Law Faculty Scholarly Articles

This article provides a historical survey of capital punishment in the Commonwealth of Kentucky, paying particular attention to gender and race. The author concludes that given the lack of recent executions that it is perhaps time to make legislative changes to the Commonwealth’s death penalty practice.

Hypermasculinity, Delinquency And Adolescent Males, Emily A. Meneses

Theses, Dissertations, and Projects

Hypermasculinity, delinquency and or criminality, mental health disorders and race was studied to see if there was a positive or negative correlation between hypermasculinity and delinquency. This study used two instruments, the Male Roles Norms Inventory (MRNI) and the Self Report Delinquency scale (SRD) to measure hypermasculinity and adolescent delinquency. If the correlation was positive this study looked to see what if any affect mental health disorders and race had. The study found that there was no correlation therefore seeing if the correlation varied by race or having a mental health disorder was not done.

Stuck: Fictions, Failures And Market Talk As Race Talk, Athena D. Mutua

Journal Articles

ClassCrits is a network of scholars and activists interested in critical analysis of law, the economy, and inequality. We aim to better integrate the rich diversity of economic methods and theories into law by exploring and engaging a variety of heterodox economic theories; including reviving, from the margins and shadowy past, discussions of class relations and their possible relevance to the contemporary context.

As a participant in the ClassCrits VI conference entitled, “Stuck in Forward: Debt, Austerity and the Possibilities of the Political”, I sat there at the end of the first day and puzzled over the fact that our …

Numbing The Heart: Racist Jokes And The Aesthetic Affect, Tanya Rodriguez

Contemporary Aesthetics (Journal Archive)

People sometimes resist the idea that racist humor fails on aesthetic grounds because they find it funny. They make the case that we can enjoy its comic aspects by controlling our attention, by focusing on a joke’s rhythm or delivery rather than on its racist content. Ironic intent may reside with the joke teller and/or the audience. I discuss how arguments for the immorality of racist jokes fall short. Ironic racist jokes may be acceptable to an audience that already rejects racism but is comfortable with such ironic racist joking precisely because as individuals they feel confident in their own …

The Impact Of Race And Offender Status On Small Business Hiring Decisions, Elle Gray Teshima

Masters Theses

This research explores the impact of race and offender status on the hiring decisions of small business hiring managers. Cover letters, resumes, and surveys were distributed by mail to small business hiring managers in the Grand Rapids area to assess their reactions to and opinions of prospective applicants with varying racial and criminal backgrounds. The null hypothesis was supported. Respondents did not demonstrate a strong overall preference for candidates of a particular race group or offender status. The largest concern with this study is a limited sample size despite a fairly strong response rate. Social desirability bias may also limit …

The Impact Of Race And Ethnicity On Sexual Violence: A Case Study On Underserved Populations In Minnesota, Lindsay Bolstad

All Graduate Theses, Dissertations, and Other Capstone Projects

Sexual violence in Minnesota impacts hundreds of thousands of lives and costs billions of dollars each year. This qualitative case study describes how victims that are people of color experience sexual violence at disproportionately high rates and face additional barriers when seeking legal, medical, and mental health and crisis advocacy services in Minnesota. The methodology employed includes secondary data collection using books, scholarly articles, and archival data. Individual interviews and a focus group interview were used to collect primary research. The voluntary interview participants were advocates that provide services for victims of sexual violence in Minnesota. The interviews were audio-recorded …

(E)Racing Trayvon Martin, Cynthia Lee

GW Law Faculty Publications & Other Works

In this essay, Cynthia Lee celebrates the 25th anniversary of Critical Race Theory (CRT) by writing about the pitfalls of the ideal of colorblindness. She starts by analyzing Devon Carbado's seminal article on CRT and the Fourth Amendment, (E)Racing the Fourth Amendment. She focuses on Carbado's critique of Justice Sandra Day O'Connor's embrace of colorblindness in Florida v. Bostick, the case in which the Supreme Court modified the test for a seizure of the person. Lee uses Carbado's article as a springboard for critiquing the embrace of colorblindness by legal decision-makers involved in George Zimmerman's 2013 murder trial. Zimmerman …

In The Civic Republic: Crime, The Inner City, And The Democracy Of Arms—Being A Disquisition On The Revival Of The Militia At Large, Robert J. Cottrol, Raymond T. Diamond

GW Law Faculty Publications & Other Works

This Article examines the modern utility of the Second Amendment’s guarantee of “the right to keep and bear arms” in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the right to have arms, the Authors argue that the right to have arms and the Second Amendment’s notion of a universal militia can be the basis of a new partnership between police and citizens in urban America. This new partnership can, if properly developed, be …

Honoring Angela Harris: A Review Of “Gender, Violence, Race, And Criminal Justice”, Cynthia Lee

GW Law Faculty Publications & Other Works

This essay reviews Angela’ Harris' important article, Gender, Violence, Race, and Criminal Justice, published in the Stanford Law Review in 2000, as part of a Festschrift at UC Berkeley honoring Professor Angela Harris in 2014.

“To Corral And Control”: Stop, Frisk, And The Geography Of Freedom, Anders Walker

All Faculty Scholarship

This article revisits the emergence of stop and frisk law in the 1960s to make three points. One, the impetus for formalizing police stops arose midst confusion generated by Mapp v. Ohio, the landmark Warren Court opinion incorporating the exclusionary rule to the states. Two, police over-reactions to Mapp intersected with fears of urban riots, leading to a formalization of stop and frisk rules that aimed at better containing inner city minority populations. Three, the heightened control of urban streets coupled with the heightened protection of the private home bore geographic implications, interiorizing liberty in ways that perpetuated a national …

The New Jim Crow? Recovering The Progressive Origins Of Mass Incarceration, Anders Walker

All Faculty Scholarship

This article revisits the claim that mass incarceration constitutes a new form of racial segregation, or JimCrow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the two phenomena, namely the debt that each owe to progressive and/or liberal politics. Though generally associated with repression and discrimination, both Jim Crow and massincarceration owe their existence in part to enlightened reforms aimed at promoting black interests; albeit with perverse results. Recognizing the aspirational origins of systematic discrimination marks an important facet of comprehending the persistence of racial inequality in the United States.

Race, Social Disorganization And Delinquency, Alina Bazyler

Electronic Theses and Dissertations

The overrepresentation of racial and ethnic minorities in crime has been an issue of debate. Some evidence, however, has shown that racial differences in offending are largely accounted for by economic disadvantage. Using data from the National Longitudinal Study of Adolescent Health (n = 4,290), the relationship between race and delinquency was examined looking at social disorganization factors. It was hypothesized that there would be racial and ethnic differences in delinquency and that these differences would be accounted for by social disorganization factors, specifically collective efficacy and economic disadvantage. The results show that compared to White adolescents Hispanic adolescents …

A Guest In Someone Else's House : The Construction Of Asian Americans As Foreigners, Deepa Ranganathan

Theses, Dissertations, and Projects

Social workers, like many people, wrongly tend to think of Asian Americans as beings exempt from the problems of racism. The social work profession considers "race" to be a property inhering almost solely in African Americans. Meanwhile, the profession assigns the property of foreign "culture" primarily to Asian Americans. This thesis uses the work of Critical Race Theory (CRT) scholars to show that social workers, in presuming that Asian Americans are a class of people who are essentially foreign, are actually reproducing a form of exclusionist racism that Asian Americans have faced for generations. A partial solution to this problem …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Racial/Ethnic Differences In Fatality Rates From Motor Vehicle Crashes: An Analysis From A Behavioral And Cultural Perspective, Huda Hamdan

Theses and Dissertations

Ethnic/racial minorities in the United States are overrepresented in fatalities from motor vehicle crashes (MVC). Growing evidence indicates that there are differences among racial/ethnic groups in risk of involvement in fatal crashes. Based on previous research, numerous factors may be involved in high racial/ethnic fatality rates from MVCs, including failure to use safety equipment, driving while under the influence of alcohol/drug, red light running, and speeding. Using data from the Office of the Chief Medical Examiner (OCME) and the FR300P Police Crash Report, this project explores differences in variables associated with traffic safety behavior and traffic law obedience between non-White …