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Journal Articles

Constitutional Law

2021

Penn State Law

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Full-Text Articles in Law

Racism, Incorporated: Ramos V. Louisiana And Jogging While Black, Victor C. Romero Jan 2021

Racism, Incorporated: Ramos V. Louisiana And Jogging While Black, Victor C. Romero

Journal Articles

There is more to the U.S. Supreme Court’s recent decision in Ramos v.
Louisiana
than its holding requiring unanimous state jury verdicts via the
incorporation doctrine. The underlying debate among the Justices in Ramos
about the salience of race in the law is a window into the current cultural
moment. After identifying the racial debate underlying the Justices’ views in
Ramos, this Essay shows how the same pattern emerges in our social and
legal debates around vigilante policing of Black Americans, including a
close-up look at the recent killing of Ahmaud Arbery. Social psychology
teaches us that society stereotypes …