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Articles 1 - 11 of 11

Full-Text Articles in Law

Racializing Algorithms, Jessica M. Eaglin Jun 2023

Racializing Algorithms, Jessica M. Eaglin

Articles by Maurer Faculty

There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …


Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles Jun 2021

Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice. We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological racism, that limits its capacity for addressing the fundamental restructuring that racial justice requires. We suggest, in a manner that might be viewed as counterintuitive, that targeted universalist remedies might be more effective to address long term racial inequality but might also be …


The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell Feb 2019

The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell

Indiana Journal of Global Legal Studies

Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …


There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell Jan 2015

There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell

Articles by Maurer Faculty

At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas — the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces — social media and employment where …


Can't We Be Your Neighbor? Trayvon Martin, George Zimmerman, And The Resistance To Blacks As Neighbors, Jeannine Bell Jan 2015

Can't We Be Your Neighbor? Trayvon Martin, George Zimmerman, And The Resistance To Blacks As Neighbors, Jeannine Bell

Articles by Maurer Faculty

The Civil Rights Act of 1964 paved the way for the Fair Housing Act of 1968, which was designed to address discrimination in one of our most intimate space — neighborhoods. Fifty-six years after the passage of the Fair Housing Act, Americans remain fiercely resistant to the concept of neighborhood integration. This Article uses an unlikely event, the killing of Trayvon Martin, to discuss one manifestation of that resistance with disturbing implications.


When Diversity For Diversity's Sake Is Not Enough: Should Black Immigrants Receive The Benefit Of Affirmative Action At The Detriment Of Native Blacks?, Cedric Gordon Jun 2013

When Diversity For Diversity's Sake Is Not Enough: Should Black Immigrants Receive The Benefit Of Affirmative Action At The Detriment Of Native Blacks?, Cedric Gordon

Indiana Journal of Law and Social Equality

No abstract provided.


Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt Oct 2010

Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt

Indiana Law Journal

No abstract provided.


O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell Jan 2004

O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell

Articles by Maurer Faculty

This Article presents a comprehensive, context-based theory which both places cross burning in its proper doctrinal framework and recognizes the history of cross burning as one of Ku Klux Klan-inspired terrorism directed at African Americans. The author prefaces critical commentary on the Supreme Court's decision in Virginia v. Black with analysis of the full landscape of cross burning cases including another issue to which others have paid little attention - the ways in which state courts have negotiated First Amendment challenges to cross burning statutes. Thoroughly examining cross burning from each of these perspectives, the Article argues that cross burning …


Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler Jan 2003

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan Apr 1996

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.


Resurrecting State And Local Race-Conscious Set-Aside Programs, Charlotte F. Westerhaus Jan 1991

Resurrecting State And Local Race-Conscious Set-Aside Programs, Charlotte F. Westerhaus

Indiana Law Journal

No abstract provided.