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Open Access. Powered by Scholars. Published by Universities.®

2009

Law and Race

UC Law Journal of Race and Economic Justice

Articles 1 - 5 of 5

Full-Text Articles in Law

Transitions To Justice: Prisoner Reentry As An Opportunity To Confront The Counteract Racism, Adrienne Lyles-Chockley Jan 2009

Transitions To Justice: Prisoner Reentry As An Opportunity To Confront The Counteract Racism, Adrienne Lyles-Chockley

UC Law Journal of Race and Economic Justice

This article discusses the issues facing formerly incarcerated individuals upon reentry from prison into their communities, focusing primarily on the unique challenges faced by African-American males. The article first highlights the strong correlation between incarceration and race: People of color make up a disproportionate percentage of the U.S. prison population, are more likely to receive harsh prison sentences, and are less likely to be found eligible for parole. The article focuses specifically on the challenges facing African-American males as they exit prison and attempt to reenter a society where they will face institutional racism in multiple forms and on multiple …


Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore Jan 2009

Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore

UC Law Journal of Race and Economic Justice

This article examines the holding in the archetypal case onstanding, Warth v. Seldin, through the lens of racial and economic discrimination. In Warth, five sets of plaintiffs brought a claim challenging the city of Penfield's zoning ordinances that prevented the construction of low and moderate-income housing in the area. The plaintiffs included low income, African- American and Puerto Rican residents of a nearby city who sought low income housing options in Penfield, taxpayers in the neighboring city, and a non-profit organization dedicated to combating discrimination in housing. The U.S. Supreme Court held that none of the plaintiffs had standing to …


Mean Streets: Violence Against The Homeless And The Makings Of A Hate Crime, Raegan Joern Jan 2009

Mean Streets: Violence Against The Homeless And The Makings Of A Hate Crime, Raegan Joern

UC Law Journal of Race and Economic Justice

In 1999 the National Coalition for the Homeless began to document incidents of hate crime and violence against homeless people in an annual report. The statistics and stories in these reports demonstrate a disturbing rise in violent attacks and murders of homeless people across the country. This note argues that these attacks, whereby the perpetrator targets the victim because he or she is homeless, meet the legal definition for a bias motivated or hate crime. Bias motivated crimes against the homeless are bred in a social context that devalues homeless people's lives and pinpoints them as appropriate targets for violence. …


When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki Jan 2009

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

UC Law Journal of Race and Economic Justice

This article explores the important role that lawyers are afforded in evaluating the mental health concerns of clients. The article advocates that, where a lawyer has concerns about the mental, cognitive, or emotional health of a client, the lawyer should counsel the client to consider seeking appropriate mental health treatment. While acknowledging that counseling a client to seek mental health treatment is not an intuitive aspect of providing legal services, the article argues that humanitarian concerns, as well as the Model Rules of Professional Responsibility allow, and in some situations perhaps require, a lawyer to consider providing such a referral. …


San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt Jan 2009

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

UC Law Journal of Race and Economic Justice

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language of …