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Articles 1 - 11 of 11
Full-Text Articles in Law
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
From The Legal Literature: Automating Police, Francesca Laguardia
From The Legal Literature: Automating Police, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor
Boynton V. Virginia And The Anxieties Of The Modern African-American Customer, Amber Baylor
Faculty Scholarship
In 1958, Bruce Boynton was arrested for ordering food in a Whites-Only diner and charged with criminal trespass. Sixty years later, African Americans continue to face arrest and threat of arrest in commercial establishments based on discriminatory trespass claims. When store owners or employees decide to exclude would-be patrons from their establishment for discriminatory reasons, both overt and implicit, they rely on the police to enforce this form of discrimination. This article considers the legacy of Boynton v. Virginia, particularly the resonance of Boynton’s unaddressed claim, that the state enforcement of discriminatory trespass allegations is an Equal Protection …
Equality Is A Brokered Idea, Robert Tsai
Equality Is A Brokered Idea, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus
St. Thomas Law Review
My whole life I was taught that all men are not created equal. This was beaten into my brain by my loving mother who just wanted me to be safe. You see, this message was part of what most young Black men hear when given “the talk.” I remember multiple variations of the talk given to me throughout my early childhood. However, a variation of the talk was most vividly remembered while taking our dog for a walk around my neighborhood with my mother. At the time, we lived in a suburban area, in a predominantly White neighborhood of Baton …
Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez
Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez
Faculty Scholarship
Law and Society research in and about Latin America has been particularly beneficial in elucidating the gap between the ideals of racial equality laws in the region and the actual subordinated status of its racialized subjects. Some of the recurrent themes in the race-related literature have been: the limits of the Latin American emphasis on criminal law to redress discriminatory actions; the limits of multicultural constitutional reform for full political participation; the insufficiency of land reform and recognition of ethnic communal property titles; and the challenges to implementing race conscious public policies such as affirmative action. Especially illuminating have been …
Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee
Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee
St. Thomas Law Review
This Article will argue for the abandonment of the current criminal justice system as it relates to drug offenses and for its replacement with a medical model to address the healthcare problem of addiction. The medical model approach calls for complete decriminalization of all controlled substances coupled with better rehabilitation and reintegration policies. This Article argues the criminalization of drugs has targeted minorities under the guise of keeping communities safe. It will look at the differences between the United States and Portugal, a country that has implemented the medical model, while also analyzing recent legislation in the United States addressing …
The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble
The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble
St. Thomas Law Review
Racism and discrimination remain topics of focus that continue to shape the lives, experiences, and results of the American people. These aspects continue creating privileges, systematically and socially, for Whites while disadvantaging Blacks. Today’s White person claims to not see color, but is that the truth? Perhaps they do not see color, but maybe a more honest statement is that they do not see blackness. Where did it all begin? To answer these questions, this paper explores “The Birth of a Monster,” better known as “whiteness,” by encompassing white privilege and supremacy. It will paint a picture from segregation to …
Child Welfare And Covid-19: An Unexpected Opportunity For Systemic Change, Jane M. Spinak
Child Welfare And Covid-19: An Unexpected Opportunity For Systemic Change, Jane M. Spinak
Faculty Scholarship
The COVID-19 pandemic has already wrecked greater havoc in poor neighborhoods of color, where pre-existing conditions exacerbate the disease’s spread. Crowded housing and homelessness, less access to health care and insurance, and underlying health conditions are all factors that worsen the chances of remaining healthy.Workers desperate for income continue to work without sufficient protective measures, moving in and out of these neighborhoods, putting themselves and their families at risk. During periods of greater disruption, tensions are heightened and violence more prevalent. Already some experts are warning of an onslaught of child maltreatment cases, citing earlier examples of spikes in foster …
Ai Report: Humanity Is Doomed. Send Lawyers, Guns, And Money!, Ashley M. London
Ai Report: Humanity Is Doomed. Send Lawyers, Guns, And Money!, Ashley M. London
Law Faculty Publications
AI systems are powerful technologies being built and implemented by private corporations motivated by profit, not altruism. Change makers, such as attorneys and law students, must therefore be educated on the benefits, detriments, and pitfalls of the rapid spread, and often secret implementation of this technology. The implementation is secret because private corporations place proprietary AI systems inside of black boxes to conceal what is inside. If they did not, the popular myth that AI systems are unbiased machines crunching inherently objective data would be revealed as a falsehood. Algorithms created to run AI systems reflect the inherent human categorization …