Law Commons^™

Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung

History

Asian Americans have been long overlooked in the United States for their contributions and have been restricted by ever-changing stereotypes and perceptions. Within the Asian American community, the incarcerated population and former criminals have been hidden because of cultural stigmas and missing statistics. In the 1980s, a large population of Asian American youth were becoming involved in criminal activity because of difficulty adapting to life in the United States after arriving at a young age. Gang membership and racial profiling increased the chances that Asian Americans would be arrested, although Asian Americans are less likely to be sentenced to prison …

The Slaughterhouse Cases: “Unforeseen” Consequences And Public Reaction, Gavin Jensen

Departmental Honors Projects

This Project focuses on the Slaughterhouse Cases, the ramifications of the Supreme Court decision, and the reaction to the decision from the public. The Slaughterhouse Cases were a series of cases originating in New Orleans around the year 1869. The white, French butchers inside the city of New Orleans had been creating a sanitary and health issue for the city for decades. The lack of ways to dispose of offal and inedible product mixed with general apathy from the butchers as to how their practices were impacting the city led to widespread cholera epidemics.

To solve this issue the newly …

Foreword: Abolition Constitutionalism, Dorothy E. Roberts

All Faculty Scholarship

In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …

What Happens In Vagueness Stays In Vagueness: The United States Constitution's Ideas On Race, Austin Clements

History Class Publications

The United States’ Constitution, while it may not explicitly discuss race in detail, has echoes of race throughout both its language and its history. Even during the origination of the Constitution, the inclusion of slavery was a hotly contested subject among the authors of the Constitution. The United States’ Constitution only uses the words “race” and “color” once and that is in the Fifteenth Amendment, which essentially gave black Americans the right to vote. While the US Constitution may not explicitly talk about race much, I argue that race is a present theme throughout the Constitution as well as behind …

Eugenics, Margaret Ann Donnell

History Class Publications

Naturally, and quite understandably, people avoid discussing the dark periods of human history, specifically the inconceivable acts of dehumanization imposed on their fellow man.

Individuals struggle to understand, sometimes simply because they cannot fathom, how a person—and in some cases, an institution—can manipulate and devalue another human being or groups of people. Often, the standards by which those with the “authority” to determine the lack of worth of the individual or population are arbitrary and subjective.

All of this is relevant in a conversation over the eugenics movement of the United States, occurring in the early to mid-twentieth century.

When …

The Military As A Social Experiment: Challenging A Trope, Jacqueline E. Whitt, Elizabeth A. Perazzo

The US Army War College Quarterly: Parameters

No abstract provided.

American Exceptionalism In Mass Incarceration, Isabell Murray

Global Honors Theses

American exceptionalism is often positively connotated; America’s exceptionalism often refers to the nation’s unique, progressive ideals of liberty during the nation’s founding, as well as the premise of a free Democratic Republic. While the United States of America has many positive and exceptional qualities, this research illustrates an unfortunate exceptional American quality: the mass incarceration of over 2.3 million people in the United States of America. This paper reviews the literature to understand the evolution of mass incarceration on the basis of three lines: the United States’ history of race, the nation’s governmental structure and the development of policy. Additionally, …

The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis

Publications & Research

Overwhelmingly, black folks have close encounters on a regular basis with being marginalized, insulted, dismissed and discriminated against. It is the natural consequence of still being considered little more than a Negro in this country. Especially for the “Exceptional Negroes.” But, as we will see, the truth is that even with our exceptionalism, we are still just “Negroes” to white America and in case we forget that, they will swiftly remind us.

A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Precarious Responsibility: Teaching With Feminist Politics In The Marketized University, Lena Wånggren

Journal of Feminist Scholarship

One of the most pressing characteristics of the neoliberal restructuring of academia, together with increased managerialism, performativity measures, and a “customer service” approach, is the casualization or precarization of academic work. Casualization entails a fragmentation of academic work, where academics are forced to move between workplaces on hourly-paid and fixed-term contracts, often doing their job without access to resources such as an office, training, or paid research time. While a number of feminist scholars have investigated the ways in which feminist academics negotiate the ever-increasing mechanisms of individualization, ranking, and auditing of their work, this article focuses on the precarious …

Critical Race Ip, Anjali Vats, Deidre A. Keller

Articles

In this Article, written on the heels of Race IP 2017, a conference we co-organized with Amit Basole and Jessica Silbey, we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP). Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we …

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong

Faculty Journal Articles

This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural …

Book Review: Desire And Disaster In New Orleans: Tourism, Race And Historical Memory By Lynnell L. Thomas, Casey Schreiber

Trotter Review

Desire and Disaster in New Orleans: Tourism, Race and Historical Memory, by Lynnell L. Thomas, challenges the racial messages embedded within dominant tourism narratives in New Orleans. From tour guides, to websites, to travel brochures, Thomas extracts and analyzes a variety of messages to document how competing representations of race—desire and disaster—are two frames through which New Orleans tourism narratives represent black culture. Thomas leads readers to question the extent to which alternative tourism narratives can be constructed to more justly address constructions of blackness.

"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross

Open Access Theses & Dissertations

This Thesis explores the history of sodomy as it has been conceptualized through the creation and enforcement of the Texas sodomy statutes between 1860 and 1973. In analyzing state court cases, legislative records, and newspaper accounts, I argue that the evolution of the concept of sodomy from its inception as a broad criminal category in the 1860 Texas sodomy statute to its more-narrow conceptualization by Texas legislators as a behavioral characteristic of homosexual status in the 1973 homosexual conduct statute was a political and historically contingent process. This process was political firstly in that it allowed for the construction of …

Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares

Legacy Theses & Dissertations (2009 - 2024)

This thesis examines the role Ridgway v. Cockburn played in exposing the “Negro race” as a subjective experience rather than a definitive label. Blacks in the 20th century were seen as undesirable. The NAACP fought for blacks’s rights to property and justice in the courts. Racially restrictive covenants became a popular method used by whites to keep blacks out of their neighborhoods. Arthur Garfield Hays, a white lawyer, defended the Cockburns as they moved into Edgemont Hills, a white elite neighborhood.

Diario De Perla Jimenez, Brenda Dorantes

World Languages and Cultures

The aim of this project is to present the effect of the immigration issue in the United States, with a direct focus in San Luis Obispo, and including a spread of intercultural knowledge between the Hispanic and the Caucasian community. Through a fictional short story, the manifestation of these ideas will relate to current events occurring in our society today. These events focus primarily on immigration in California, deportation issues, socioeconomic issues in Mexico, and the cultural barrier seen in Mexican and American cultures; expressed through the main character: a young college student named Perla.

My primary goal in completing …

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Department of Justice Studies Faculty Scholarship and Creative Works

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …

Whiteness As Cursed Property: An Interdisciplinary Intervention With Joyce Carol Oates’S Bellefleur And Cheryl Harris’S “Whiteness As Property”, Karen Gaffney

Bearing Witness: Joyce Carol Oates Studies

This article begins with the assertion that now more than ever, in the aftermath of Ferguson and in a time when many believe our society to be post-racial, we need to bring together scholars and activists who care about racial justice, regardless of discipline, and build interdisciplinary tools for fighting racism. Furthermore, we need to understand and reveal how whiteness has been socially constructed because the power of whiteness lies in its invisibility, and that fuels the perpetuation of systemic racism. In making whiteness visible, we can see how it has been wielded as a weapon, which in turn will …

Epilogue: The New Deal At Bay, Herbert J. Hovenkamp

All Faculty Scholarship

The Opening of American Law examines changes in American legal thought that began during Reconstruction and the Gilded Age, and extending through the Kennedy/Johnson eras. During this period American judges and legal writers embraced various conceptions of legal "science," although they differed about what that science entailed. Beginning in the Gilded Age, the principal sources were Darwinism in the biological and social sciences, marginalism in economics and psychology, and legal historicism. The impact on judicial, legislative, and later administrative law making is difficult to exaggerate. Among the changes were vastly greater use of behavioral or deterrence based theories of legal …

New York Times V. Sullivan And The Rhetorics Of Race: A Look At The Briefs, Oral Arguments, And Opinions, Carlo A. Pedrioli

Carlo A. Pedrioli

Given the strife of the Civil Rights Movement that surrounded the case, this article looks back at the use of race in New York Times v. Sullivan. Specifically, the article examines how the advocates, led by Herbert Wechsler for the Times, I. H. Wachtel, William Rogers, and Samuel Pierce for the four ministers, and Roland Nachman for Sullivan, dealt with race in their rhetorics to the Court, both in their merits briefs and their oral arguments, and also how the justices used race in their opinions. Although Justice William Brennan did not explicitly focus on race in his opinion for …

“El No Murio, El Se Multiplico!” Hugo Chávez : The Leadership And The Legacy On Race, Cynthia Ann Mckinney

Antioch University Full-Text Dissertations & Theses

“Chávez, Chávez, Chávez: Chávez no murio, se multiplico!” was the chant outside the National Assembly building after several days of mourning the death of the first President of the Bolivarian Republic of Venezuela. This study investigates the leadership of Hugo Chávez and his legacy on race as seen through the eyes and experiences of selected interviewees and his legacy on race. The interviewees were selected based on familiarity with the person and policies of the leadership of Hugo Chávez and his legacy on race. Unfortunately, not much has been written about this aspect of Hugo Chávez despite the myriad attempts …

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]

Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America, Hannah Abrams

Touro Law Review

No abstract provided.

America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai

Robert L Tsai

The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised. America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines …

Decolonizing Higher Education: Black Feminism And The Intersectionality Of Race And Gender, Heidi Safia Mirza

Journal of Feminist Scholarship

Drawing on black feminist theory, this paper examines the professional experiences of postcolonial diasporic black and ethnicized female academics in higher education.1 The paper explores the embodiment of gendered and racialized difference and reflects on the power of whiteness to shape everyday experiences in such places of privilege. The powerful yet hidden histories of women of color in higher education, such as the Indian women suffragettes and Cornelia Sorabji in late nineteenth century, are symbolic of the erasure of an ethnicized black feminist/womanist presence in mainstream (white) educational establishments. The paper concludes that an understanding of black and ethnicized female …

Teaching Postcolonial Literature In An Elite University: An Edinburgh Lecturer’S Perspective, Michelle Keown

Journal of Feminist Scholarship

This reflective essay explores some of the pedagogical challenges I have faced in teaching postcolonial literature and theory at the University of Edinburgh. There are particular social dynamics at work at Edinburgh that make engaging with intersectionality, particularly in the context of colonialism and racism, a rather complex endeavor. Edinburgh is a Russell Group university, and our undergraduate constituency is overwhelmingly white, middle class and British, with a high proportion of students coming from British public-school backgrounds. Many of these students approach postcolonial writing with well-meaning liberal intentions, but often adopt what Graham Huggan (2001) would term an exoticizing perspective …

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 …

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

All Faculty Scholarship

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …