Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Race (11)
- Civil Rights and Discrimination (10)
- Constitutional Law (3)
- Education Law (3)
- African American Studies (2)
-
- Arts and Humanities (2)
- Bilingual, Multilingual, and Multicultural Education (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Education (2)
- Educational Administration and Supervision (2)
- Educational Assessment, Evaluation, and Research (2)
- Elementary Education (2)
- Human Rights Law (2)
- Law and Society (2)
- Legal Education (2)
- Race, Ethnicity and Post-Colonial Studies (2)
- Social and Behavioral Sciences (2)
- Teacher Education and Professional Development (2)
- Antitrust and Trade Regulation (1)
- Courts (1)
- Curriculum and Instruction (1)
- Curriculum and Social Inquiry (1)
- Disability and Equity in Education (1)
- Educational Leadership (1)
- Elementary Education and Teaching (1)
- Elementary and Middle and Secondary Education Administration (1)
- Evidence (1)
- Feminist, Gender, and Sexuality Studies (1)
- Institution
-
- Boston University School of Law (3)
- University of Cincinnati College of Law (2)
- American University Washington College of Law (1)
- California Western School of Law (1)
- City University of New York (CUNY) (1)
-
- George Washington University Law School (1)
- National Louis University (1)
- New York Law School (1)
- Penn State Dickinson Law (1)
- Southern Methodist University (1)
- University of Georgia School of Law (1)
- University of Michigan Law School (1)
- University of North Florida (1)
- University of Pennsylvania Carey Law School (1)
- University of South Carolina (1)
- William & Mary Law School (1)
- Publication
-
- Faculty Scholarship (4)
- University of Cincinnati Law Review (2)
- All Faculty Scholarship (1)
- Articles & Chapters (1)
- Dissertations (1)
-
- Faculty Publications (1)
- Faculty Scholarly Works (1)
- GW Law Faculty Publications & Other Works (1)
- Michigan Law Review (1)
- Publications and Research (1)
- SMU Law Review Forum (1)
- Scholarly Works (1)
- UNF Graduate Theses and Dissertations (1)
- Upper Level Writing Requirement Research Papers (1)
- William & Mary Bill of Rights Journal (1)
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
University of Cincinnati Law Review
No abstract provided.
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury
University of Cincinnati Law Review
Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …
Colorblind Capture, Jonathan Feingold
Colorblind Capture, Jonathan Feingold
Faculty Scholarship
We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.
The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed or …
The Crt Of Black Lives Matter, Angela Onwuachi-Willig
The Crt Of Black Lives Matter, Angela Onwuachi-Willig
Faculty Scholarship
Critical Race Theory ("CR T"), or at least its principles, stands at the core of most prominent social movements of today-from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact, Critical Race Theorists have long defined CRT itself as a movement, one that has not only provided theoretical interventions regarding the relationship between race, racism, power, and the law, but that has also encouraged and, in fact, inspired and guided social movements. …
The Watts Gang Treaty: Hidden History And The Power Of Social Movements, William J. Aceves
The Watts Gang Treaty: Hidden History And The Power Of Social Movements, William J. Aceves
Faculty Scholarship
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local activists attributed the reduction in shootings to the Treaty. Even law enforcement officials grudgingly recognized the Treaty’s contribution to reducing gang violence and a corresponding decrease in homicides.
The origins of the Watts Gang Treaty can be traced to gang leaders recognizing that …
The "Divisive Concepts" Laws And Americans Of Asian Descent, Ilhyung Lee
The "Divisive Concepts" Laws And Americans Of Asian Descent, Ilhyung Lee
SMU Law Review Forum
In the past year, a number of states have enacted laws that prohibit public schools from teaching certain lessons about race. The main target of these laws appears to be “critical race theory,” once a theory advanced in legal academia that has now become a “catchall term” for discussions of race and racism. The states mean business and seek to enforce their new or proposed laws by prohibiting state funding for teaching the banned content, withholding funding to local educational agencies or schools in violation, subjecting offending teachers to disciplinary action, and allowing those aggrieved to bring an action at …
Free-Ing Criminal Justice, Bennett Capers
Free-Ing Criminal Justice, Bennett Capers
Michigan Law Review
A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux
For Every Rat Killed, Etienne C. Toussaint
For Every Rat Killed, Etienne C. Toussaint
Faculty Publications
If my grandmother had survived the sickness of old age and were alive to witness the economic injustices wrought by capitalist culture, what would she think? If my grandmother were alive to observe familiar technologies for exterminating household pests—surveil-lance, capture, imprisonment, disposal—being increasingly aimed toward low-income Black communities, what would she believe? If my grandmother were alive to discover, in the palm of her hands, a digital platform for spreading information (and misinformation) to the masses and painting new futures into the minds of lawmakers and politicians, what would she say?
Studies have shown that low-income individuals are more likely …
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
William & Mary Bill of Rights Journal
This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both long-standing and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other?
[...]
Over the last four decades, the Supreme Court’s equal protection jurisprudence on governmental race-consciousness has answered with an “antibalkanization approach” which prioritizes social cohesion. Indeed, this approach views social cohesion as a prerequisite for racial equality progress. It considers racial hostility and resentment among White …
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson
Articles & Chapters
This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both longstanding and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other. Events over the last year have put this question into sharp relief. On the one hand, portions of the general public and at least some policymakers have signaled support for the demands of racial justice activists to reduce and eliminate systemic racism after too many tragedies …
Who’S Afraid Of Bob Jones?: 'Fundamental National Public Policy' And Critical Race Theory In A Delicate Democracy, Lynn D. Lu
Publications and Research
In Summer of 2021, Republican legislators across the United States introduced a host of bills to prohibit government funding for schools or agencies that teach critical race theory (“CRT”), described by the American Association of Law Schools not as a single doctrine but a set of “frameworks” to “explain and illustrate how structural racism produces racial inequity within our social, economic, political, legal, and educational systems[,] even absent individual racist intent.” Characterizing such an explicitly race-conscious analysis of legal and social institutions as “divisive,” opponents of CRT, such as former Vice President Mike Pence, labeled it “nothing short of state-sponsored …
Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos
Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos
UNF Graduate Theses and Dissertations
Data on school discipline inequities have shown disproportionate numbers of Black students suspended and expelled compared to their non-Black counterparts. Despite the implementation of evidence-based solutions such as positive behavior supports and intervention, educator professional development, and restorative practices aimed at closing the racial discipline gap, little to no change has occurred. Critical Race Theory is used as a lens for viewing racial hierarchies as a socially constructed tool to oppress people of color. This oppression can be seen in various aspects of society and in education, especially in school discipline. It is fueled by biases, both implicit and explicit. …
The New Penal Bureaucrats, Shaun Ossei-Owusu
The New Penal Bureaucrats, Shaun Ossei-Owusu
All Faculty Scholarship
he protests of 2020 have jump-started conversations about criminal justice reform in the public and professoriate. Although there have been longstanding demands for reformation and re-imagining of the criminal justice system, recent calls have taken on a new urgency. Greater public awareness of racial bias, increasing visual evidence of state-sanctioned killings, and the televised policing of peaceful dissent have forced the public to reckon with a penal state whose brutality was comfortably tolerated. Scholars are publishing op-eds, policy proposals, and articles with rapidity, pointing to different factors and actors that produce the need for reform. However, one input has gone …
Race And The Criminal Law Curriculum, Cynthia Lee
Race And The Criminal Law Curriculum, Cynthia Lee
GW Law Faculty Publications & Other Works
This chapter briefly sketches a few places in the substantive criminal law curriculum where law professors can include discussion of race to enrich students’ understanding of the law. These include racially based jury nullification, the void-for-vagueness doctrine, hate crimes and the actus reus requirement, voluntary manslaughter and the defense of provocation, involuntary manslaughter, rape, the doctrine of self-defense, the “Black rage” defense, and the “cultural defense.” The chapter also discusses the Guerilla Guides to Law Teaching project, which suggests that criminal law professors introduce the concept of abolition of the carceral state as a framework through which students can “question …
The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education, Danielle M. Conway
The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education, Danielle M. Conway
Faculty Scholarly Works
The rightwing is carrying out its most recent effort to install an authoritarian regime in America, which has been boosted by Donald Trump’s white supremacist rhetoric and actions before, during, and after his four years holding the Office of the President of the United States. Resolute in the effort to destabilize American Democracy by forcing on to the populist, among other messages, “The Big Lie,” the rightwing is committed to a coordinated strategy of attacking and delegitimizing democratic institutions for the purpose of retaining economic and political power.
The attack on Critical Race Theory (“CRT”) is one element of the …
Civil Rights Catch 22s, Jonathan Feingold
Civil Rights Catch 22s, Jonathan Feingold
Faculty Scholarship
Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground community plight—such as academic underachievement or overincarceration. Rational plaintiffs, responding in kind, deploy legal narratives that tend to track racial stereotypes and regressive theories of inequality. When this occurs, even successful lawsuits can harden the structural and behavioral forces that produce and perpetuate racial inequality.
I refer to …
Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington
Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington
Upper Level Writing Requirement Research Papers
No abstract provided.
Racial And Cultural Competence Through The Eyes Of Public-School Educators, Laquita Mcmillion
Racial And Cultural Competence Through The Eyes Of Public-School Educators, Laquita Mcmillion
Dissertations
The discussion of racial and cultural competence in public schools today is necessary. The student population of public schools across the United States has significantly grown racially and culturally diverse. Through the use of a narrative inquiry and a critical lens, this study explored the perception and experiences of public-school educators focused on the topic of racial and cultural competence as it relates to their classroom practice and educational policies. The focus of this research (1) describes and analyzes my personal experiences through the use of qualitative approaches, (2) shares the experiences and perceptions of three public-school educators, and (3) …
Race-Ing Antitrust, Bennett Capers, Greg Day
Race-Ing Antitrust, Bennett Capers, Greg Day
Scholarly Works
Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.
We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …