Law Commons^™

Getting Power Back: Court Restoration Of Executive Authority In Boston City Government (1985), Marcy Murninghan

New England Journal of Public Policy

This article, originally published in 1985, is based partly on the author’s experience with the Boston school desegregation case, but goes beyond it. It chronicles some of the events that occurred when a state and a federal court attempted to disengage from active jurisdiction over two Boston public systems: the Boston Public Schools and the Boston Housing Authority. It makes three proposals, which, if enacted, would help to keep the courts out of day-to-day management of municipal operations. It also makes some generalizations about the court-agency interplay that are relevant to the post-remedial phase of institutional reform litigation. The author …

Behind The Numbers: Conditions Of Schooling In Boston (1981), Marcy Murninghan

New England Journal of Public Policy

This article includes portions of a report on the structure, governance, operations, and effectiveness of the Boston School Committee that was commissioned by the Boston Municipal Research Bureau in 1980. The passages provide an overview of the mandate, background, and recommendations, examining how a set of prominent professionals and citizens viewed the problem facing school department governance, including its isolation and the longstanding credibility gap fueled by patronage politics. It also looks at continued tensions between “equality” and “quality,” which occupied the heart of court-ordered desegregation; rising demands on a system that lacked the capacity to serve a broad array …

Panoply: Haitian And Haitian-American Youth Crafting Identities In U.S. Schools, Fabienne Doucet

Trotter Review

In the United States, where race is a powerful factor for social stratification (Appiah & Gutmann, 1998; Glick-Schiller & Fouron, 1990a; Omni & Winant, 1986), foreign-born Blacks find themselves battling the demoralizing impacts of discrimination, racism, and xenophobia on a daily basis. In the school context, racist assumptions have been shown to predispose teachers to have lower expectations of immigrant students and other students of color, to view them more often as behavioral problems, and to assume that their parents do not value education (Doucet, 2008, 2011b; Suárez-Orozco, Suárez-Orozco, & Todorova, 2008). At the same time, the powerful influence of …

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Trotter Review

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …

The Personal And Family Challenges Of Reentry: Interview With Helen Credle, Kenneth J. Cooper

Trotter Review

For 40 years, Helen Credle has worked with prison inmates and exoffenders in Massachusetts, from inside or outside the state corrections system. The Boston native, who grew up in Roxbury, did not set out to become an advocate for prisoners and their families. Oddly, it was music that first took her inside prison walls and into that role. As director of community services for the New England Conservatory of Music, Credle organized concerts by bluesman B.B. King and balladeer Bobby Womack in state prisons. Her involvement grew deeper when the conservatory’s administrators and faculty members decided to teach inmates to …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.

Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez

Trotter Review

In September 2012, the Boston Center for the Arts (BCA) hosted a forum on life after prison as part of its series, Dialogue: Social Issues Examined Through the Playwright’s Pen. The forum coincided with performances at the Boston Center for the Arts of The MotherF**ker with the Hat, a play by Stephen Andy Guirgis about prisoner reentry.

Andrea J. Cabral, then sheriff of Suffolk County and secretary of public safety in Massachusetts, moderated the forum in BCA’s Calderwood Pavilion, the same theater where SpeakEasy Stage Company was putting on the play. The four panelists work for nonprofit organizations primarily …

Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner

Trotter Review

This paper first identifies some of the most important problems facing incarcerated young black males. Next, we present an historical analysis that pinpoints the War on Drugs as the primary origin of mass incarceration of that group. Then we describe the major consequences for prisoners as well as collateral problems for their families, friends, and communities. We then outline the types of programs created to address these problems. We summarize research that shows the key to solving high recidivism rates is social support during incarceration and after release. We describe in particular a Boston-based organization, the Committee of Friends and …

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …

Veterans In The Fight For Equal Rights: From The Civil War To Today, Ron E. Armstead

Trotter Review

When a man puts his life at the disposal of the nation, that man has earned the rights of a citizen. So the black man owes it to himself and to his advancement to heed the call of war. That is what Frederick Douglass thought, and he gave voice to that opinion in his last autobiography, Life and Times of Frederick Douglass (1881): “I … urged every man who could to enlist to get an eagle on his button, a musket on his shoulder, and the star-spangled banner over his hand.” History has proven him wrong. black men and black …

The Naacp In The Twenty-First Century, Dianne M. Pinderhughes

Trotter Review

“The leadership was overly concerned with recognition from whites, a concern that helped prevent the organization from taking a confrontational stance. The program overly oriented to a middle-class agenda and not nearly strong enough to the kinds of economic issues that mean most to workingclass black people. [And] the organization [was] too centralized.”

These views of the problems of the National Association for the Advancement of Colored People are not those of a present-day critic, reflecting on the Association’s recent woes. They were formed by Ella Baker during her years as the NAACP’s assistant field secretary in 1941 and as …

Lessons About Reform From “A Very Dangerous Woman”, Sherry H. Penney, James Livingston

New England Journal of Public Policy

We discuss reform in antebellum America through the life of Martha Coffin Wright, an activist in the abolition and early women’s rights movements. Consideration of her motivations for reform; the obstacles faced by these movements; their methods, successes, and failures, may offer guidelines for reformers of today.

Looking Back Without Anger: Reflections On The Boston School Crisis, Robert Wood

New England Journal of Public Policy

This article is taken from the unpublished autobiography of Robert Wood who served as Superintendent of Boston Public Schools from 1978 to 1980 during the difficult period when U.S. District Court Judge W. Arthur Garrity was overseeing court ordered desegregation of schools. After leaving the University of Massachusetts in January 1978, Robert Wood spent six months at the Harvard Graduate School of Education working on a book and considering a possible run for the United States Senate. Suggestion as to his next assignment, however, came from an unexpected source, as he describes below.

The Travels Of Our Bodies, Ourselves, Jane Pincus

New England Journal of Public Policy

The women’s health book, Our Bodies, Ourselves: A Book by and for Women, was first printed in 1970 by the small, radical New England Free Press. Published by the group of women soon too become the Boston Women’s Health Book Collective, it was advertised solely by word of mouth. Successive newsprint editions reached a quarter of a million people in the United States through colleges and an extensive network of “underground” bookstores. The book placed female sexuality firmly within the framework of women’s health and combined vividly experienced medical encounters with available health and medical information. It critiqued prevailing cultural …

Gay Marriage And The Black Community, A Policy Maker’S Perspective: Interview With State Senator Dianne Wilkerson, Castellano Turner

Trotter Review

A vocal supporter of gay marriage, Senator Dianne Wilkerson explains in this interview that her support stems from her own reality as a Black person, a child of the Civil Rights movement, and her personal experiences with discrimination stemming from her skin color. As a policy maker, Wilkerson asserts her unwillingness to subject other human beings to the same treatment that she has been subjected to, because of their sexual orientation.

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

The editor speaks about the political unrest with the 2000 presidential election. He also speaks about the war in Angola. He speaks about the civi duty we have to mankind across the globe and the government's influence on other countries.

An Effective Compromise: Class-Based Affirmative Action In Boston Schools, Gabriel O'Malley

New England Journal of Public Policy

The author seeks to shift the traditional focus of the affirmative action debate from race to class. With the Boston Latin School as an example, he argues that, under certain circumstances, a shift in an admission policy based on preferences from race to class will maintain academic standards while increasing minority representation; it will also expand opportunity for economically underprivileged youths who have succeeded academically despite the obstacles they face. A focus on class rather than race offers both sides of the affirmative action debate a philosophy that can be reconciled with their views on race-based affirmative action. In certain …

The Dream Of Diversity And The Cycle Of Exclusion, Stephanie M. Wildman

Trotter Review

The racial transformation of society envisioned in Martin Luther King's dream has been an emotional and powerful ideal. That vision has gone through its own transformation: it was first described as "integration," then "affirmative action," and then "diversity" and "multiculturalism." As each of these phrases acquired negative connotation from reactionary, conservative backlashes, a new phrase has had to be invented to carry forward that transformative vision. Yet the cycle of exclusion that gives privileges to the dominant cultural status quo continues.

Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall

Trotter Review

For many years, no institution of American government has been as close a friend to civil rights as the United States Supreme Court. Make no mistake: I do not mean for a moment to denigrate the quite considerable contributions to the enhancement of civil rights by presidents, the Congress, other federal courts, and the legislatures and judiciaries of many states. It is now 1989, however, and we must recognize that the Court's approach to civil rights cases has changed markedly. The most recent Supreme Court opinions vividly illustrate this changed judicial attitude. In Richmond v. Croson, the Court took …

System-Wide Title Vi Regulation Of Higher Education, 1968-1988: Implications For Increased Minority Participation, John B. Williams

Trotter Review

In 1964, 300,000 blacks were enrolled in the nation’s higher education system, most of them attending black colleges and universities in the South; 4,700,000 whites attended colleges during the same year. With passage of the 1964 Civil Rights Law, the federal government acknowledged an inequity in blacks’ opportunity to attend college and gave promise of becoming a major source of pressure for desegregating higher education. But the potential of Title VI, the promise of government intervention to accomplish greater equity, has never been fulfilled.

Specifically, Title VI renders discriminatory agencies and institutions, including colleges and universities, ineligible to receive federal …

Commentary: The Role Of Universities In Racial Violence On Campuses, Wornie L. Reed

Trotter Review

Racial violence against blacks on college campuses across the country has become a source of consider able and legitimate concern. This paper reviews the nature and extent of these incidents, discusses the national social context of their occurrence, and examines the role that universities play in the development of these incidents.

Affirmative Action: Problems And Prospects, James Farmer

Trotter Review

We live in complicated times today, and one of the sparks that flies off from such complicated times involving difficult issues is that words have all kinds of meanings, and they tend to confuse. I was astonished to hear our president, Ronald Reagan, say that if Dr. King were alive he would agree with him in opposing affirmative action, because King was color-blind and so is Ronald Reagan. This was a stopper, really, a real stopper. Affirmative action has had an interesting history. I, with no attempted modesty, claim to have proposed the idea to Lyndon Johnson, in either late …

Some Observations On Closing The Gap, Jeremiah Cotton

Trotter Review

James P. Smith and Finis R. Welch, along with fellow economist Richard B. Freeman, have been primarily responsible for the much accepted notion that there have been “dramatic” advances in the economic situation of blacks in the recent past. Closing The Gap: 40 Years of Economic Progress for Blacks (CTG) is just the latest installment and reworking of this optimism. Freeman attributed the alleged progress to a “collapse” of labor market discrimination caused by “governmental and related antidiscrimination activity associated with the 1964 Civil Rights Act.” Smith and Welch, on the other hand, have always been somewhat agnostic about the …