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Full-Text Articles in Law

Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr Jan 2023

Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr

Publications

Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because …


The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez Jun 2022

The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez

University of Arkansas at Little Rock Law Review

By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …


Remarks, Lisa Foster Jun 2021

Remarks, Lisa Foster

University of Michigan Journal of Law Reform

In both Greek and Roman mythology, a Hydra guards the entrance to the underworld. For those who don’t remember their mythology, a Hydra is a multi-headed serpent who exhales poisonous fumes. If you get close enough to the Hydra and are able to cut off one of its heads, two grow back in its place. Slaying the Hydra was number two on Hercules’ famous list of Labors. He was successful, but not without a fierce struggle.

As you’ve heard over the last four days, fines and fees are Hydralike. Fines are imposed for almost every minor offense — misdemeanors, infractions, …


Essentially Unprotected, Sherley Cruz Mar 2021

Essentially Unprotected, Sherley Cruz

Scholarly Works

Since the start of the COVID-19 pandemic, the American public has relied on “essential” low-wage workers to provide critical services and keep the public safe. Who has been protecting the workers? COVID-19 has exposed cracks that lead to serious gaps in workplace protections for low-wage workers. Decades of exploitative employer practices and neglect from the federal government have left frontline low-wage workers essentially unprotected. Many of these workers are people of color and recent immigrants who have been disproportionately impacted by the virus due to structural racism and socio-economic barriers. This is particularly true in the meatpacking industry, where a …


Wisconsin Law Reinforces White Supremacy Through Article Xiii, Section 3 Of The State Constitution, Felicia L. Owen, Jd Jan 2021

Wisconsin Law Reinforces White Supremacy Through Article Xiii, Section 3 Of The State Constitution, Felicia L. Owen, Jd

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Wearing My Crown To Work: The Crown Act As A Solution To Shortcomings Of Title Vii For Hair Discrimination In The Workplace, Margaret Goodman Jan 2021

Wearing My Crown To Work: The Crown Act As A Solution To Shortcomings Of Title Vii For Hair Discrimination In The Workplace, Margaret Goodman

Touro Law Review

No abstract provided.


Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh Jan 2021

Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh

Faculty Articles

The year 2020 was challenging for the bar exam. The longstanding argument that the bar exam is not a fair measure of the minimum competence of someone to practice law was cast into harsh relief and the truth-that the bar exam tests the privilege of its examinees-became startlingly apparent. Not only did 2020 kick off with a devastating global pandemic, but we also saw the rage against systemic racial injustice reach a boiling point just as we were charged with staying in our homes to avoid contracting COVID-19. With a pandemic raging, overt White supremacy on the rise, and racial …


Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza Jan 2020

Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright Jan 2020

The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Paradox Of Legal Training And Leadership: A Conversation Between Akilah Folami And Susan Sturm, Akilah Folami, Susan P. Sturm Jan 2020

The Paradox Of Legal Training And Leadership: A Conversation Between Akilah Folami And Susan Sturm, Akilah Folami, Susan P. Sturm

Faculty Scholarship

Professor Akilah Folami:
Welcome and thank you for coming. I am eager to engage in this opening exchange with Susan Sturm today in hopes that it will help bring to surface some of the issues that undergird the conversations planned for today in the panels. So let us begin. Susan has been teasing out a series of paradoxes that she argues develops in the tensions built into lawyer-leadership, i.e., legal training and leadership development. Her work on these lawyer-leadership paradoxes grows out of her other work that is related to the theme of this conference: Leading Differently Across Difference. She …


Bail Nullification, Jocelyn Simonson Mar 2017

Bail Nullification, Jocelyn Simonson

Michigan Law Review

This Article explores the possibility of community nullification beyond the jury by analyzing the growing and unstudied phenomenon of community bail funds, which post bail for strangers based on broader beliefs regarding the overuse of pretrial detention. When a community bail fund posts bail, it can serve the function of nullifying a judge’s determination that a certain amount of the defendant’s personal or family money was necessary to ensure public safety and prevent flight. This growing practice—what this Article calls “bail nullification”—is powerful because it exposes publicly what many within the system already know to be true: that although bail …


Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons Dec 2016

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

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

Abstract forthcoming.


Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani May 2016

Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani

Michigan Journal of Race and Law

Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased attention on this nation’s troubled history of oppression and control of the poor and people of color. At the federal, state, and local levels, a growing number of policies create criminal sanctions for poverty-related circumstances. These, in turn, result in collateral consequences that unfairly affect those who lack the means to afford their criminal justice experience (i.e., processing costs, fees, and fines), or affect their ability to access employment, housing, or other basic services. These …


Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae Oct 2015

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …


A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell Apr 2015

A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell

West Virginia Law Review

No abstract provided.


Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee Apr 2015

Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee

West Virginia Law Review

No abstract provided.


Corporate Boardroom Diversity: Why Are We Still Talking About This?., Lawrence J. Trautman Jan 2015

Corporate Boardroom Diversity: Why Are We Still Talking About This?., Lawrence J. Trautman

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

What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? How might women and people of color best cultivate these skills necessary …


Branding Identity, Kate Elengold Dec 2014

Branding Identity, Kate Elengold

Kate Elengold

The Civil Rights Act of 1964 protects against discrimination on the
basis of race, color, religion, sex, or national origin—the so-called “protected
classes.” To make out a successful civil rights claim under the
current legal structure, a plaintiff must first identify the protected class
under which her claim arises (i.e., race or religion). She must then
identify a subclass of that protected class (i.e., African American race or
Christian religion) and assert that, due to her membership in or relationship
to that subclass, she was treated differently in violation of the law.
This Article explores the disconnect between self-identity and …


Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace Oct 2012

Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace

Perry Wallace

No abstract provided.


Police Efficiency And The Fourth Amendment, L. Song Richardson Jul 2012

Police Efficiency And The Fourth Amendment, L. Song Richardson

Indiana Law Journal

Much of our Fourth Amendment jurisprudence is premised upon a profound misunderstanding of the nature of suspicion. When determining whether law enforcement officers had the reasonable suspicion necessary to justify a “stop and frisk,” courts currently assume that, in any given case, the presence or absence of reasonable suspicion can objectively be determined simply by examining the factual circumstances that the officers confronted. This Article rejects that proposition. Powerful new research in the behavioral sciences indicates that implicit, nonconscious biases affect the perceptions and judgments that are integral to our understanding of core Fourth Amendment principles. Studies reveal, for example, …


Race, Class, And Katrina : Human Rights And (Un)Natural Disaster, Hope Lewis Sep 2011

Race, Class, And Katrina : Human Rights And (Un)Natural Disaster, Hope Lewis

Hope Lewis

This essay reflects on the international human rights implications of Hurricane Katrina. For those of us in the human rights movement, it seemed natural to see Katrina and its aftermath as both a massive international humanitarian disaster and a human rights crisis. This was not just the awful result of a huge storm having hit a densely populated area and thereby necessitating the marshalling of public and private humanitarian aid. It also revealed government inaction and affirmatively abusive actions before, during, and after the storm hit that implicate international human rights standards. We know that Katrina was not the last …


Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace Jan 2010

Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace

The Modern American

No abstract provided.


Race, Class, And Katrina : Human Rights And (Un)Natural Disaster, Hope Lewis Dec 2008

Race, Class, And Katrina : Human Rights And (Un)Natural Disaster, Hope Lewis

Hope Lewis

This essay reflects on the international human rights implications of Hurricane Katrina. For those of us in the human rights movement, it seemed natural to see Katrina and its aftermath as both a massive international humanitarian disaster and a human rights crisis. This was not just the awful result of a huge storm having hit a densely populated area and thereby necessitating the marshalling of public and private humanitarian aid. It also revealed government inaction and affirmatively abusive actions before, during, and after the storm hit that implicate international human rights standards.

We know that Katrina was not the last …


Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado Apr 2008

Law Enforcement In Subordinated Communities: Innovation And Response, Richard Delgado

Michigan Law Review

Policing styles and policy reform today exhibit a ferment that we have not seen since the turbulent sixties. The reasons propelling reform include some of the same forces that propelled it then - minority communities agitating for a greater voice, demands for law and order - but also some that are new, such as the greater premium that society places on security in a post-9/11 world. Three recent books discuss this new emphasis on styles of policing. Each centers on policing in minority communities. Steve Herbert's Citizens, Cops, and Power: Recognizing the Limits of Community examines the innovation known as …


Slave Artists As Powerful Reality Creators: Taking Responsibility And Rejecting Race Consciousness, Kimberly L. Alderman Nov 2007

Slave Artists As Powerful Reality Creators: Taking Responsibility And Rejecting Race Consciousness, Kimberly L. Alderman

Kimberly L. Alderman

This article critiques the race conscious thinking inherent in Critical Race Theory (“CRT”) and offers an alternative to structuralism and determinism. It reviews the colonial origins of race consciousness, and argues that advocating race conscious remedies perpetuates the very racism CRT decries. The article focuses on powerful reality creators of the past to create a more empowering framework of individual responsibility and personal reality construction. The article makes a case study of David Drake, a slave potter from 1800s South Carolina. Slave artists like David Drake show us that, no matter how strong the forces of oppression, a marginalized individual …


Second Generation Environmental Justice: Challenges And Opportunities, Rachel D. Godsil Mar 2007

Second Generation Environmental Justice: Challenges And Opportunities, Rachel D. Godsil

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rachel D. Godsil, Professor of Law, Seton Hall Law School

3 pages.


Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen Mar 2007

Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Clifford Rechtschaffen, Professor of Law and Director, JD Environmental Law Program; Co-Director, Environmental Law and Justice Clinic, Golden Gate University School of Law

5 pages.


Race As Proxy: Situational Racism And Self-Fulfilling Stereotypes, Lu-In Wang Jan 2004

Race As Proxy: Situational Racism And Self-Fulfilling Stereotypes, Lu-In Wang

Articles

In our society, race can act as a proxy for a long list of characteristics, qualities, and statuses. For people of color, the most powerful of these associations have too often been negative, and have carried with them correspondingly negative consequences. We often link color with undesirable personal qualities such as laziness, incompetence, and hostility, as well as disfavored political viewpoints such as lack of patriotism or disloyalty to the United States. Race even acts as a proxy for susceptibility to some diseases. Medical professionals so often diagnose schizophrenia in blacks, for example, that the association has come full circle, …


(E)Racing The Fourth Amendment, Devon W. Carbado Mar 2002

(E)Racing The Fourth Amendment, Devon W. Carbado

Michigan Law Review

It's been almost two years since I pledged allegiance to the United States of America - that is to say, became an American citizen. Before that, I was a permanent resident of America and a citizen of the United Kingdom. Yet, I became a black American long before I acquired American citizenship. Unlike citizenship, black racial naturalization was always available to me, even as I tried to make myself unavailable for that particular Americanization process. Given the negative images of black Americans on 1970s British television and the intra-racial tensions between blacks in the U.K. and blacks in America, I …


Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima Jan 1999

Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima

Touro Law Review

No abstract provided.