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Law and Race

2021

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Articles 1 - 30 of 267

Full-Text Articles in Law

Police Use Of Force Laws In Texas, Gerald S. Reamey Sep 2021

Police Use Of Force Laws In Texas, Gerald S. Reamey

St. Mary's Law Journal

Abstract forthcoming.


U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams Sep 2021

U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to ...


The Alt-Right Movement And National Security, Matthew Valasik, Shannon E. Reid Aug 2021

The Alt-Right Movement And National Security, Matthew Valasik, Shannon E. Reid

The US Army War College Quarterly: Parameters

Identifying the January 6 insurrection at the US Capitol as an inflection point, this article analyzes the historical relationship between White supremacy and the US military from Reconstruction after the Civil War to the present. The article posits causes for the disproportionate number of current and former members of the military associated with White power groups and proposes steps the Department of Defense can take to combat the problems posed by the association of the US military with these groups.


Pray The Gay Away: Conversion Therapy, Suicide, Religion, And The First Amendment, Eric Cody Bass Aug 2021

Pray The Gay Away: Conversion Therapy, Suicide, Religion, And The First Amendment, Eric Cody Bass

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

In the United States, gay conversion therapy (GCT) has not been banned nationally, although twenty states have issued laws banning therapists from practicing it. While the Supreme Court has refused to hear several cases involving challenges to laws banning GCT, recently the Eleventh Circuit Court of Appeals found a local law banning the practice as an unconstitutional regulation on the First Amendment right of speech. This ruling disappointingly confuses ideas of First Amendment protections with what amounts to psychological torture of our youth. It must be noted that while bans on GCT have been successfully upheld as constitutional in other ...


New Hampshire's 'Divisive Concepts' Law And The Big Chill, John M. Greabe Aug 2021

New Hampshire's 'Divisive Concepts' Law And The Big Chill, John M. Greabe

Law Faculty Scholarship

[Excerpt] "

Much critical commentary on the so-called “divisive concepts” provisions in this year’s budget legislation – the label comes from language in an earlier version of the bill – has focused on their content- and viewpoint-based restraints on speech. These speech restrictions prohibit state public employers, including public K-12 school teachers, from (among other things) instructing that persons are “inherently superior or inferior to [others]” “inherently racist or sexist,” “should be discriminated against,” or “should not attempt to treat others equally” because of their “age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability ...


Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis Aug 2021

Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis

Journal of Food Law & Policy

The United States Department of Agriculture (USDA) was signed into law by President Abraham Lincoln in 1862. At the signing ceremony, President Lincoln declared the Department of Agriculture to be the "people's Department" because he said it governed an industry "in which [citizens felt] more directly concerned than in any other. .. ." Today, many American citizens do not share Abraham Lincoln's view of the USDA as being the "people's Department"; rather, they identify it as being "the last plantation" due to its long history of open discrimination against African-American farmers. While this discrimination has occurred throughout America's ...


Investing In Alternatives: Three Logics Of Criminal System Replacement, Monica C. Bell, Katherine Beckett, Forrest Stuart Aug 2021

Investing In Alternatives: Three Logics Of Criminal System Replacement, Monica C. Bell, Katherine Beckett, Forrest Stuart

UC Irvine Law Review

What logics underlie the call to “defund the police,” and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement’s call to “defund the police” captured the national imagination. Several municipal governments promised to cut funding and contracts for their respective police departments, with mixed results. Because we expect police defunding and reinvestment to remain a central movement demand, this Article explores the demand’s discursive and normative terrain. It does ...


Suspicion And Discretion In Policing: How Laws And Policies Contribute To Inequity, Amanda Charbonneau, Jack Glaser Aug 2021

Suspicion And Discretion In Policing: How Laws And Policies Contribute To Inequity, Amanda Charbonneau, Jack Glaser

UC Irvine Law Review

No abstract provided.


State Regulation Of Policing: Post Commissions And Police Accountability, Hilary Rau, Kim S. Buchanan, Monique L. Dixon, Phillip A. Goff Aug 2021

State Regulation Of Policing: Post Commissions And Police Accountability, Hilary Rau, Kim S. Buchanan, Monique L. Dixon, Phillip A. Goff

UC Irvine Law Review

This Article examines the untapped potential of Peace Officer Standards and Training (POST) commissions to protect communities that experience police misconduct and discrimination. POST commissions, which are created by state laws and exist in all fifty states, have broad authority to regulate police officers and police departments. POST commissions determine eligibility and qualifications for police employment and regulate the content of training officers receive. Most POST commissions can also revoke certification of officers who commit serious misconduct or fail to meet continuing eligibility requirements set by the commissions. In some states, they can also impose statewide, compulsory reforms to policing ...


Reimagining American Policing, Tom Tyler Aug 2021

Reimagining American Policing, Tom Tyler

UC Irvine Law Review

Current efforts at police reform focus on heightening the legal accountability of police officers when they engage in questionable behavior. While valuable, such reforms do not address the underlying problems in police organizations that lead to problems with the use of force. This paper highlights the desirability of shifting from a warrior culture, one built around gaining compliance through the threat or use of force, to a guardian- or service-oriented culture, one focused on gaining acceptance by building trust and confidence among people in the community. Beyond changing the dynamics of authority in police-civilian encounters, this new model of policing ...


Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales Aug 2021

Beyond Borders: How Principles Of Prison Abolition Can Shape The Future Of Immigration Reform, Anna Hales

UC Irvine Law Review

This Note presents prison abolition theory and discusses how principles of abolition can be applied in the context of immigration enforcement and reform. In doing so, this Note argues for an “open borders” approach to immigration, presents several viewpoints on what such a regime may look like, and discusses how this vision can shape immigration reform efforts. In applying abolition theory to the immigration legal system, this Note uses a framework of three tenets of prison abolition. First, the assumptions upon which our current system of immigration enforcement is based, such as public safety and economic justifications, are open to ...


Has Federal Indian Law Finally Arrived At “The Far End Of The Trail Of Tears”?, Ann Tweedy Aug 2021

Has Federal Indian Law Finally Arrived At “The Far End Of The Trail Of Tears”?, Ann Tweedy

Georgia State University Law Review

This Article examines the United States Supreme Court’s July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article shows how the opinion lays a very strong foundation for a much-needed return to traditional federal Indian law principles, respectful treatment of tribal governments as a third sovereign in the American system, and an understanding of fairness from the perspective ...


Existentially Guilty: Where Do I Go From Here?, Devontae Wilson Jul 2021

Existentially Guilty: Where Do I Go From Here?, Devontae Wilson

Master of Arts in English Plan II Graduate Projects

Teachers, students, parents, and even politicians have been forced to confront the by-products of not having difficult conversations about race and class. Political pundits are using this moment in history sparked by recorded injustice and the publicized murders of unarmed black people at the hands of law enforcement to demonize Critical Race Theory (CRT), a framework created to analyze how the law is racialized. This portfolio is largely a result of Dr. Rudine Sims-Bishop’s “Mirrors, Windows, and Sliding Glass Doors” and contextualizing it through my personal experience as a classroom teacher, as a black man in a majority white ...


A Just And True Return: A Dataset Of Pennsylvania's Surviving County Slave Registries, Cory James Young Jul 2021

A Just And True Return: A Dataset Of Pennsylvania's Surviving County Slave Registries, Cory James Young

The Magazine of Early American Datasets (MEAD)

This dataset contains information on more than 6,000 Black people and their enslavers compiled from extant registries in twelve Pennsylvania counties: Adams, Allegheny, Bedford, Bucks, Centre, Chester, Cumberland, Dauphin, Fayette, Lancaster, Washington, and Westmoreland. Pennsylvania's 1780 gradual abolition law required enslavers to register with their county clerk any people they wished to continue holding in lifetime slavery. A 1788 law required that they do the same for any children they wished to hold in twenty-eight-year term slavery. Complete registries provide the name, place of residence, and occupation of enslavers; the date they filed their registration; and the name ...


Law Schools, Law Firms Must Share Responsibility For Diversity, A. Benjamin Spencer Jul 2021

Law Schools, Law Firms Must Share Responsibility For Diversity, A. Benjamin Spencer

Popular Media

Law schools and law firms must partner to ensure that a pipeline of underrepresented students apply to law school and receive the professional development support they need to remain and advance at firms, William & Mary Law School Dean A. Benjamin Spencer says. Those who make, interpret, and apply the law must reflect the full range of human experiences, thought, and insight into the human condition, he says.


Meek Mill’S Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb Gregory Conrad, André Douglas Pond Cummings, Amy Dunn Johnson Jul 2021

Meek Mill’S Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb Gregory Conrad, André Douglas Pond Cummings, Amy Dunn Johnson

Faculty Scholarship

Meek Mill’s life and career have been punctuated by trauma, from his childhood lived on the streets of Philadelphia, through his rise to fame and eventual arrival as one of hip hop’s household names. his 2018 track "Trauma," Meek Mill describes, in revealing prose, just how the traumatic experiences he endured personally impacted and harmed him. He also embodies a role as narrator in describing the same traumas and harms that impact the daily lives of countless similarly situated young Black people in the United States. As a child, Mill’s lived experience was one of pervasive poverty ...


"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson Jul 2021

"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson

William & Mary Bill of Rights Journal

Prison food is poor quality. The regulations which govern prison food are subpar and unenforceable by prisoners, due in large part to Sandin v. Conner and the Prison Litigation Reform Act. This Article aims to draw attention to the dire food conditions in prisons, explain the lax federal administrative law that permits these conditions, highlight the role of Sandin v. Conner and the Prison Litigation Reform Act in curtailing prisoners’ rights, and criticize the role of the private entity American Correctional Association in enabling mass neglect of prison food. The authors recommend that the Prison Litigation Reform Act be repealed ...


Foreword, Rebecca Odelson, Sharon Lui-Bettencourt Jul 2021

Foreword, Rebecca Odelson, Sharon Lui-Bettencourt

Hastings Race and Poverty Law Journal

No abstract provided.


Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang Jul 2021

Socratic Teaching And Learning Styles: Exposing The Pervasiveness Of Implicit Bias And White Privilege In Legal Pedagogy, Rory Bahadur, Liyun Zhang

Hastings Race and Poverty Law Journal

Legal educators who deny the efficacy of utilizing learning style theory inaccurately support their dismissal through misunderstanding and misrepresenting the science supporting such techniques. These erroneous conclusions are often the result of implicit bias and dysconscious racism favoring dominant white male norms and privileges. Such denial is not only disingenuous and inaccurate, but also highly detrimental to legal education, perpetuating a system that discourages and devalues the contributions and efforts of minority students.

Learning style preferences are a product of a student’s cultural background. Legal educators who recognize this and adapt their teaching methods to accommodate the modal preferences ...


California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk Jul 2021

California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk

Hastings Race and Poverty Law Journal

While the new composition of the United States Supreme Court has raised speculation about the fate of Roe v. Wade, for millions in America the promise of a patient’s right to choose an abortion is already a distant illusion.** Decades of work by anti-abortion policymakers has resulted in prohibitive state and federal funding restrictions and widespread clinic closures. But clinicians, advocates, and researchers are optimistic about one way to expand access: medication abortion. Known colloquially as “the abortion pill,” medication abortion is poised to significantly increase access for patients everywhere, and particularly for low-income patients and those who live ...


Operating Within Systems Of Oppression, Karissa Provenza Jul 2021

Operating Within Systems Of Oppression, Karissa Provenza

Hastings Race and Poverty Law Journal

No abstract provided.


Masthead Jul 2021

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo Jul 2021

El Salvador: Root Causes And Just Asylum Policy Responses, Karen Musalo

Hastings Race and Poverty Law Journal

Throughout the course of United States history, there has often been a chasm between our ideals as a country, and our actions. Our foreign policy and immigration policy have been no exception – frequently betraying our stated commitment to democracy, respect for human rights, and protection of the persecuted. This article takes a close look at El Salvador, whose nationals make up a significant number of asylum seekers at our border. Our foreign and immigration policies towards El Salvador are illustrative of that gap between ideals and reality. We supported a brutal military during that country’s civil war, and adopted ...


Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams Jun 2021

Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams

Boston College Law Review

Although women of color experience high rates of harassment and assault, the #MeToo movement has largely left them on the margins in terms of (1) the online conversation, (2) the traditional social movement activity occurring offline, and (3) the consequential legal activity. This Article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


Law School News: Rwu Law Introduces Required Course On Race And The Law 06/28/2021, Michael M. Bowden Jun 2021

Law School News: Rwu Law Introduces Required Course On Race And The Law 06/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch Jun 2021

Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.


Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler Jun 2021

Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler

Public Land & Resources Law Review

No abstract provided.


Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo Jun 2021

Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo

Public Land & Resources Law Review

No abstract provided.


Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie Jun 2021

Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie

Public Land & Resources Law Review

No abstract provided.


The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz Jun 2021

The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz

Public Land & Resources Law Review

No abstract provided.