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Articles 1 - 18 of 18
Full-Text Articles in Law
Governments "Erasing History" And The Importance Of Free Speech, Noah C. Chauvin
Governments "Erasing History" And The Importance Of Free Speech, Noah C. Chauvin
Northern Illinois University Law Review
Nationwide protests against police brutality and structural racism have led to a renewed push for governments to take down or alter Confederate monuments and symbols. Advocates for these changes argue that they will make our public spaces more just and welcoming to all people. Not everyone agrees. Some defenders of the monuments and symbols accuse pro-removal protestors and the governments who acquiesce to their demands as conspiring to "erase history." In this essay, I argue that those who oppose removing the monuments should come away from the controversy with an appreciation for the importance of free speech. On the other …
Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley
Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Eighth Amendment Power To Discriminate, Kathryn E. Miller
The Eighth Amendment Power To Discriminate, Kathryn E. Miller
Washington Law Review
For the last half-century, Supreme Court doctrine has required that capital jurors consider facts and characteristics particular to individual defendants when determining their sentences. While liberal justices have long touted this individualized sentencing requirement as a safeguard against unfair death sentences, in practice the results have been disappointing. The expansive discretion that the requirement confers on overwhelmingly White juries has resulted in outcomes that are just as arbitrary and racially discriminatory as those that existed in the years before the temporary abolition of the death penalty in Furman v. Georgia.1 After decades of attempting to eliminate the requirement, conservative justices …
Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai
Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai
William & Mary Bill of Rights Journal
No abstract provided.
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
William & Mary Journal of Race, Gender, and Social Justice
Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Brigham Young University Prelaw Review
Within the past century, the United States attempted different legal
avenues to address drug abuse. Some of these efforts made access
to drugs punishable and illegal. Others encouraged research to look
at underlying issues of drug abuse and implement those findings.
Within the past fifty years, these laws tended to treat drug addicts
as criminals instead of as persons suffering from a health crisis.
According to the FBI and Uniform Crime Reports, from the 1980’s
to the 2000’s, drug arrests rose by 1.5 million per year, while drug
usage rates stayed the same.3 The severe increase in the criminalization
and …
Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay
Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay
Northwestern Journal of Law & Social Policy
This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
For Cause: Rethinking Racial Exclusion And The American Jury, Thomas Ward Frampton
For Cause: Rethinking Racial Exclusion And The American Jury, Thomas Ward Frampton
Michigan Law Review
Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for the past several decades. But we have overlooked another important way in which the American jury reflects and reproduces racial hierarchies: massive racial disparities also pervade the use of challenges for cause. This Article examines challenges for cause and race in nearly 400 trials and, based on original archival research, presents a revisionist account of the Supreme Court’s three most recent Batson cases. It establishes that challenges for cause, no less than peremptory strikes, are an important—and unrecognized—vehicle of …
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
University of Miami Law Review
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the contemporary …
The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence
The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence
William & Mary Journal of Race, Gender, and Social Justice
While neuroscience continues to make it clearer that mental processes, effects, disorders, and states can be described through physical observation, the metaphysical notion of mind-body dualism still pervades the U.S. legal system. In this Article, I discuss many areas where mind-body dualism holds fast, and others where mind-body dualism has already been explicitly or impliedly rejected. I argue that in most areas, the dualist distinction would have little to no impact on the values the law already describes. However, I argue that rejecting dualism would have an impact on fundamental rights analyses. First Amendment free speech rights, fundamental rights, and …
Introduction, Dania Matos
Introduction, Dania Matos
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
Journal of Race, Gender, and Ethnicity
No abstract provided.
The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale
The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale
Cultural Encounters, Conflicts, and Resolutions
In 1867, Congress passed legislation that forbid the practices of debt peonage. However, the law was circumvented after the period of Reconstruction in the south and debt peonage became central to the expansion of southern agriculture through sharecropping and industrialization through convict leasing, practices that forced debtors into new forms of coerced labor. Debt peonage was presumable ended in the 1940s by the Justice Department. But was it? The era of mass incarceration has institutionalized a new form of debt peonage through which racialized poverty is governed, mechanisms of social control are reconstituted, and freedom is circumscribed. In this paper, …
Racial Purges, Robert L. Tsai
Racial Purges, Robert L. Tsai
Michigan Law Review
Review of Beth Lew-Williams' The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America.
Tax Policy And Our Democracy, Clinton G. Wallace
Tax Policy And Our Democracy, Clinton G. Wallace
Michigan Law Review
Review of Anthony C. Infanti's Our Selfish Tax Laws: Toward Tax Reform That Mirrors Our Better Selves.