Law Commons^™

Shades Of Justice: Exploring Colorism In The Hispanic Community And Its Legal Battle For Equity, Christel A. Infante

Honors Undergraduate Theses

This thesis focuses on the racial disparity within the Hispanic and Latinx communities as injustices exist within the community and the workplace. Racial disparities in the United States have been a persistent and deeply rooted issue that has plagued the nation for centuries. Despite significant progress in civil rights and anti-discrimination legislation, disparities in areas such as education, employment, and criminal justice persist. Understanding the factors contributing to these disparities is essential for addressing systemic inequalities and fostering a more just society. The analysis of this thesis primarily focuses on the cases and ramifications of Hispanic persons within the workplace, …

Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez

Theses & Dissertations

The Senior Executive Service (SES) is the highest tier of executive management and leadership in the federal government. The Latino/a population has significantly increased in the past three decades with no corresponding increase in the federal workforce and the number of Latinos/as serving in the SES remains low. As Latinos/as in the SES are largely underrepresented, their ability to influence federal policies is significantly undermined. The purpose of this study is to explore the testimonios (testimonies) of Latinas in the SES to better understand their experiences while navigating entry into the SES and maintaining their respective positions.

This study used …

Unpacking The Forgotten Truth: Reestablishing Affirmative Action With Hispanic-Serving Institutions And The Military Equal Opportunity Program For Hispanics, Isabelle Rosado

Modern Languages, Philosophy and Classics Theses

Affirmative Action combats discrimination amongst individuals on the basis of race, creed, color, sex, or national origin and falls under the 14th Amendment. Race has been a leading result of the reevaluation of Affirmative Action programs. Furthermore, the United States Military is an organization that also advocates for racial equality but is seldom discussed. Claims of reverse racism and privilege shield the primary purpose of Affirmative Action. Discredited opinions engulf young minds in the never-ending social conflict of racial equality. This problem continues to be unsolved which divides Americans. The increase of Hispanics/Latinxs in the U.S. forces the analysis of …

Law School News: The Dean Meets The Governor 01-26-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Does It Really Matter?: Making The Case For A Materiality Requirement In False Claims To U.S. Citizenship Under The Immigration And Nationality Act, Elizabeth Montano, Edward F. Ramos

University of Miami Law Review

Materiality plays an important role in limiting the reach of laws that penalize misrepresentations. Laws that include no materiality element punish any covered misrepresentation regardless of its relevance—like lying about hair color on a loan application. By contrast, laws that include a materiality element withhold punishment for immaterial misrepresentations of that kind—in other words, misrepresentations that have no tendency to affect the ultimate decision.
Our immigration laws make it a deportable offense for a noncitizen to “falsely represent” herself as a U.S. citizen for a purpose or benefit under the law. Although this law has been on the books for …

Building Trust And Communication: Overcoming Barriers To Political Incorporation Among Hartford’S Hispanic Immigrant And Migrant Population, Olivia Painchaud

Senior Theses and Projects

How are Hartford’s Hispanic immigrants and migrants participating politically? What inhibits or promotes their political incorporation? Close to half of Hartford’s total population identifies as Hispanic, with a portion of those individuals being immigrants or migrants to the city. As a community with a significant presence in Hartford, the political incorporation of Hispanic immigrants and migrants is necessary to ensure the adequate representation of all Hartford residents. This thesis investigates the extent of institutional support for Hispanic immigrant and migrant political incorporation in Hartford. Following an analysis of Hispanic political incorporation in Hartford’s history, the project involved two phases. Phase …

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.

Lawyers Weekly Newsmaker Reception : November 20, 2019, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

An Instrument At The Forefront Of Social Change: The Legacy Of Joaquin G. Ávila, Steven W. Bender

Seattle Journal for Social Justice

No abstract provided.

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.

Christopher Edley

No abstract provided.

Promoting Completion Of Advance Directives In A Hispanic Religious Congregation: An Evidence-Based Practice Project, Luis Daniel San Miguel, Mary Jo Clark

Doctor of Nursing Practice Final Manuscripts

Background: Hispanics utilize more aggressive medical treatment at the end of life and are less likely to receive end-of-life care consistent with their wishes than nonHispanic Whites. Hispanics are less likely than nonHispanic Whites to have an advance directive (AD). Increasing AD completion among Hispanics can promote end-of-life care consistent with their wishes, diminish healthcare disparities, and eliminate unnecessary healthcare spending. Objectives: To promote completion of advance directives by increasing knowledge, positive attitudes, and comfort with advance care planning (ACP) among Hispanics through culturally sensitive interventions. Intervention: The project was conducted in Spanish and implemented among a …

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship. Cognizant of, and notwithstanding such limitations, this …

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.

A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski

Catholic University Law Review

No abstract provided.

Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink

Brittany Fink

No abstract provided.

The Underrespresentation Of Hispanic Women In The Science, Technology, Engineering, And Mathematics Fields: What Can Be Done To Curie The Problem., Elky Almaraz

The Scholar: St. Mary's Law Review on Race and Social Justice

Hispanic women comprise approximately eight percent of the United States’ population and represent the largest group of minority women. However, Hispanic women only make up approximately two percent of the science and engineering workforce. In contrast, Caucasian women form approximately one-third of the United States’ population and eighteen percent of the science, technology, engineering, or mathematics (STEM) workforce. Hispanic women begin a post-secondary education in STEM fields with a proportional interest to other gender or racial groups. However, they are far less likely to continue the coursework and ultimately earn a degree than their non-minority classmates. Schools and education officials …

Debating Immigration: Arizona's Controversial Response To Illegal Hispanic Immigration, Parker M. Wornall

Mahurin Honors College Capstone Experience/Thesis Projects

Hispanic Immigration into the United States is no new phenomena. What is new in regards to this immigration is the strict measures being taken by various states where Hispanic immigration is most prevalent. These laws are proving to be arbitrary, punitive, and unethical. Arizona was the first to pass a “stop policy” on immigration with Senate Bill 1070. This bill does not aptly address the many push and pull factors that have caused this immigration; push factors being factors that will drive people away from Latin America, and pull factors being factors that attract them to the United States. Likewise, …

Using International Human Rights Law To Combat Racial Discrimination In The U.S. Criminal Justice System., Terrence Rogers

The Scholar: St. Mary's Law Review on Race and Social Justice

Statistics tend to show Black people commit most of the crime in the United States. Those statistics fail to account for unequal treatment of minorities at each stage of the criminal justice system. This unequal treatment may take the form of buy-and-bust operations, racial profiling, street sweeps, and other police activities which target people in low-income communities populated mainly by minorities. The American criminal justice system contains a cyclical, self-perpetuating aspect to the treatment of certain minorities. These perceptions direct a disproportionate amount of law enforcement attention on minorities, which leads to disproportionate arrests of minorities. The result shows racial …

Moral And Legal Dilemma: A Legal Analysis Of The Criticisms Leveled Against Arizona Sb 1070, Michael K. Marriott

Michael K Marriott

The Support Our Law Enforcement and Safe Neighborhoods Act, more commonly known as Arizona SB 1070, is a recently passed bill targeting unlawful immigration. Touted to be the strongest piece of immigration legislation passed in America's recent history, the bill has come under fire on state, national, and international levels.

This paper begins by setting the stage for why SB 1070 was passed, and what legislators sought to accomplish. It then provides a basic overview of the bill, with an emphasis towards its more controversial aspects. From there it groups together certain classes of criticisms that have been publicly leveled …

The Long Road To Self Determination, Sarah Chilim Ihn

Sarah Chilim Ihn

East Los Angeles is widely considered as the heart of Southern California’s strong and vibrant Mexican American community – yet, it is also an unincorporated area whose only general purpose government is provided by Los Angeles County, the most populous county in the nation. Through the lens of East Los Angeles’ quest for cityhood, this paper explores and critiques the limited governance options that exist for low-income unincorporated communities.

Race Stereotypic Crimes And Juror Decision Making: Hispanic, Black, And White Defendants, Joseph Francis Boetcher

UNLV Theses, Dissertations, Professional Papers, and Capstones

A race stereotypic crime is a crime that most people tend to associate with a certain race. This is a type of racial bias that affects juror decision making by undermining the presumption of innocence and lowering the prosecution's burden of proof. Two studies investigated race stereotypic crimes. Study 1 used a new scale to identify race stereotypic crimes for black, Hispanic, and white males. Study 2 used a mock juror paradigm with a realistic stimulus and sensitive measures to focus on the influence of this type of bias on mock juror decision making. Study 1: Participants were 143 undergraduate …

A Tale Of Two Debtors: Bankruptcy Disparities By Race, Rory Van Loo

Faculty Scholarship

This article offers the first quantitative evidence on race and bankruptcy. Minority debtors fare worse overall in bankruptcy — blacks are 40% and Hispanics 43% less likely than whites to receive a discharge in Chapter 13 after controlling for variables such as education, income, and employment. While the data do not allow for causal inference, Chapter 13 trustees were twice as likely to have made a motion to dismiss even against black debtors who ultimately completed their multi-year bankruptcy plans than against similar white debtors. The paper also indicates that a lack of attorney representation by minority debtors may make …

The Gender Bend: Culture, Sex, And Sexuality—A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

UF Law Faculty Publications

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship.

Cognizant of, and notwithstanding such limitations, this …

Municipal Overreaching; Federal Preemption As It Applies To Town Ordinances Outlawing The Rental Of Housing To Undocumented Aliens, Hayden Patrick O'Byrne

Hayden Patrick O'Byrne

Within the past year or so a handful of towns around the United States have passed ordinances prohibiting undocumented aliens from renting housing. This paper explores how these ordinances are incompatible with the Federal Immigration Scheme and preempted by Federal Law.

Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson

The Scholar: St. Mary's Law Review on Race and Social Justice

It is illegal for Texas law enforcement agencies to racially profile people. However, Texas continues to deal with racial profiling among law enforcement officers. This article concerns the right to travel, unmolested by state action based upon race or ethnicity. Since passing the Fourteenth Amendment and its Equal Protection Clause, our legal system under-includes, and outright excludes, certain groups of people from its promise. Such racial disparities have lived in the United States Constitution since the authors drafted the three-fifths compromise at its inception. When considering the criminality of a group of people and the overpopulation in state prisons, many …

Lessons From La Morenita Del Tepeyac, Ana M. Novoa

Faculty Articles

The concept that the powerful and wealthy have the absolute obligation to offer political, financial, and social liberation to those at the margins of society should have special importance to those who are lawyers and professionals of color. People spend considerable time working through, working in, and centered in the dominant, or caucasian European culture. The legal system regularly fails to see, accept, realize, or believe when truth is presented at the margins. Nonetheless, it is at the margins that true legal and personal reform take place. Even in a friendly environment, where people are encouraged to step outside the …

All Children Can Learn: Providing Equal Education Opportunities For Migrant Students, Michelle R. Holleman

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States Supreme Court ruled that once a state undertakes to provide children with educational opportunities, such education services must be available to all children on equal terms. However, even though all states must offer a public education system, certain classes of children are not receiving equal educational opportunities. Migrant children are one of the most disadvantaged groups in today’s education system. Some of the unique challenges these children face include interrupted schooling, limited English proficiency, poverty, lack of health and nutrition, pressures from work and family responsibilities, and a lack of parental involvement in their education. These hurdles …