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Articles 1 - 13 of 13
Full-Text Articles in Law
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor’S Note, Kimberly Shi
Editor’S Note, Kimberly Shi
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Symposium Schedule
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Weathering The Pandemic: Dying Old At A Young Age From Pre-Existing Racist Conditions, Arline T. Geronimus
Weathering The Pandemic: Dying Old At A Young Age From Pre-Existing Racist Conditions, Arline T. Geronimus
Washington and Lee Journal of Civil Rights and Social Justice
Mainstream social epidemiology now acknowledges the contributions of interpersonal racism, racialized stress, and implicit bias to population health inequity. It also increasingly recognizes that current and historical racist policies place barriers in the way of healthy lifestyles by institutionalizing food deserts, housing decay, and austerity urbanism. Essential as these developments are, they only skim the surface of how insidiously structural racism establishes and reproduces population health inequity. I coined the term “weathering” to describe the effects of sustained cultural oppression upon the body. Weathering expands on the more conventional “social determinants of health” approach to understand the contextually fluctuating and …
Empathy’S Promise And Limits For Those Disproportionately Harmed By The Covid-19 Pandemic, Theresa Glennon
Empathy’S Promise And Limits For Those Disproportionately Harmed By The Covid-19 Pandemic, Theresa Glennon
Washington and Lee Journal of Civil Rights and Social Justice
Structural race, ethnicity, and class disparities in the United States concentrated and intensified the health, economic, and psychological impact of COVID-19 for certain populations. Those same structural disparities and the belief system that maintains them may also account for the weak policy response that left the United States with high rates of infection and death, economic devastation of individuals, families, and small businesses, and psychological distress. A more equal society with a stronger pre-pandemic safety net may have prevented or eased the disproportionate hardship and avoided the drama and cliffhanging. Or the shock of a pandemic and likelihood of extreme …
School Finance, Race, And Reparations, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
School Finance, Race, And Reparations, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
Washington and Lee Journal of Civil Rights and Social Justice
In this article, we explain why and how school finance reform should be a part of a reparations program for Black Americans. This article proceeds in six parts. Part I explains how Black-white school funding disparities occurred during the separate-but-equal era. Part II discusses how these funding disparities have occurred in the aftermath of the Brown decision. Parts III and IV explore why school desegregation and school finance litigation, respectively, have failed to remedy these gaps. Part V lays out a reparations framework that state legislatures could adopt to provide restitution to schools and taxpayers harmed by state policies creating …
Can “Asians” Truly Be Americans?, Vinay Harpalani
Can “Asians” Truly Be Americans?, Vinay Harpalani
Washington and Lee Journal of Civil Rights and Social Justice
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Washington and Lee Journal of Civil Rights and Social Justice
Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic has laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first will focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I will explore patterns of racial and ethnic segregation in America’s schools and how those patterns are linked to additional challenges based on socioeconomic isolation. In addition, I will consider the role of language and …
Giving Due Process Its Due: Why Deliberate Indifference Should Be Confined To Claims Arising Under The Cruel And Unusual Punishment Clause, Shad M. Brown
Washington and Lee Journal of Civil Rights and Social Justice
This Note discusses culpability requirements for claims brought by pretrial detainees and convicted prisoners. The initial focus is on deliberate indifference, a culpability requirement formulated under the Cruel and Unusual Punishment Clause but symmetrically applied to claims arising under the Due Process Clause of the Fourteenth Amendment. The Note then shifts to Kingsley v. Hendrickson, a landmark Supreme Court decision that casts doubt on the application of Eighth-Amendment standards to Fourteenth-Amendment claims. Finally, this Note advocates for the application of objective unreasonableness, a different culpability requirement, to claims arising under the Due Process Clause. It does so on the …
It’S My Party, And I’Ll Do What I Want To: Making The Case For Judicial Review Of National Interest Waiver Denials, M. Hunter Rush
It’S My Party, And I’Ll Do What I Want To: Making The Case For Judicial Review Of National Interest Waiver Denials, M. Hunter Rush
Washington and Lee Journal of Civil Rights and Social Justice
Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen’s application for a National Interest Waiver is denied, there must be some recourse. The current problem is exacerbated when the United States Citizenship and Immigration Services, on behalf of the Secretary of Homeland Security, denies a waiver for what appears to be racially or religiously motivated purposes. Judicial review in an Article III court is the most neutral forum of review that a noncitizen residing …
Opportunity Zones Providing Opportunity For Whom?: How The Current Regulations Are Failing And A Solution To Uplift Communities, Ruta R. Trivedi
Opportunity Zones Providing Opportunity For Whom?: How The Current Regulations Are Failing And A Solution To Uplift Communities, Ruta R. Trivedi
Washington and Lee Journal of Civil Rights and Social Justice
In 2017, the newly enacted Tax Cuts and Jobs Act created an incentive for taxpayers to invest in Qualified Opportunity Zones— census tracts that consist of low-income communities. These investments, which are incentivized via lucrative tax deferral benefits, are intended to uplift communities and leave them in a better position than they were pre-investment. However, the initiative lacks regulation requiring investments to actually benefit low-income areas, resulting in money going to places that do not need help, while communities that are in need may face displacement. This is a result of many wealthy investors finding that luxury projects are the …
Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson
Past The Tipping Point, But With Hope Of Return: How Creating A Geoengineering Compulsory Licensing Scheme Can Incentivize Innovation, Brooke Wilson
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the patenting of geoengineering technologies and issues arising from the early stages of this high-risk, high-reward technology. This Note focuses on one possible solution to solving the issues surrounding the patenting of geoengineering technology: Creating a specialized compulsory licensing scheme.