Civil Rights and Discrimination Commons^™

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …

The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Survivor: An Analysis Of The Term From India, Pravin Patkar

Dignity: A Journal of Analysis of Exploitation and Violence

This article discusses the need for greater conceptual clarity of the term survivor. It raises questions about the propriety of the term to refer to the victims of sex trafficking. It points out that in the Indian context, the term victim is legally and operationally defined. It cautions against the hasty incorporation of the term survivor into public policies addressing the trafficked victims' problems. Different social platforms use the term survivor differently, and the difference is not nominal. The use of the term survivor is both casual as well as intentional. The term survivor trivializes the exploitation and makes invisible …

Yes We Can Bookmark

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Book mark with quote on back and Barak Obama image, signature and slogan for 2008 presidential campaign on the front.

Picking The Lock: A Proposal For A Standard Fee Waiver In Texas For Identification Documents, Gregory Zlotnick

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

Abstract forthcoming.

The Never-Ending Grasp Of The Prison Walls: Banning The Box On Housing Applications, Ashley De La Garza

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

Abstract forthcoming.

It Is Time To Get Back To Basics On The Border, Donna Coltharp

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

Abstract forthcoming.

Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Strategies For Equitable Access: A Discussion On Public School District Enrollment, Lisa A. Gooden

Presentations and Speeches

Presentation prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Discussion includes an analysis of current practices and outcomes, potential future goals, and annotated examples of enrollment strategies employed by school districts in the United States designed to foster equitable access.

Strategies For Equitable Access: Identifying Benefits And Strategies For Creating Integrated Public Schools, Annotated Examples Of Current School District Enrollment Practices, And Resources For Further Exploration, Lisa A. Gooden

Faculty Works

Prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Includes a summary of the benefits of integrated schools, strategies for creating equitable schools, annotated examples of current practices employed by public school districts in the United States to foster equitable access to education, and list of links to additional resources for further reading.

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair

St. Mary's Law Journal

The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because the …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

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

Abstract forthcoming.

A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez

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

Abstract forthcoming.

Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman

William & Mary Law Review

On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.

The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …

Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller Phd, James H. Bemiller Jd, Emliy J. Johnson, Chermaine D. Cole, Jason Scott Phd, Angela Wozencroft, Phd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a source of inequity when it comes to the distribution of recreation services in the United States. Many of the problems that correlate with the inequitable allocation of recreation resources including public swimming pools began with ideas about race, geography, poor planning practices and faulty policymaking (Rothstein, 2017). Moreover, one of the primary outcomes of engaged, inclusive planning is equity in the provision of recreation programs and facilities. In this essay, we offer a summary of key legal cases that help address questions related resource allocation related to public swimming pools. Finally, we present a …

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ population …

A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson

International Journal of Aquatic Research and Education

This article provides a comprehensive examination of aquatic programming at Historically Black Colleges and Universities (HBCUs). HBCUs consist of public, private, 2-year, and 4-year institutions (U.S. Department of Education, 2018). Historically, HBCUs provided descendants of the enslaved access to higher education opportunities (Brown, Donahoo, & Bertrand, 2001). HBCUs now serve a more diverse community and the core focus remains on inclusion, social justice, diversity, empowerment, leadership, and cultural competence (Kennedy, 2012; Rawlins, 2018). Consequently, HBCUs may provide an ideal environment to address aquatic activity and the drowning disparity in the African American community. In the current study, researchers sent a …

Locked Up And Locked Out: True Stories Of Individuals Who Experienced The Intersection Between Homelessness And The Criminal Justice System, Jean Johnson

Senior Honors Projects

JEAN JOHNSON (Criminology & Criminal Justice)

Locked Up and Locked Out: True Stories of the Interlocking Cycle of

Homelessness and the Criminal Justice System

Sponsor: Jill Doerner (Criminology & Criminal Justice, Sociology & Anthropology), Heather Johnson (Writing & Rhetoric)

Key locks work when a key made with teeth is placed into a cylinder with a series of pins and tumblers. If you don’t insert the right key one or more of the pins will remain in the way, preventing the key from turning and the lock will remain closed. According to the United States Interagency Council on Homelessness, tens of …

To What Extent Did Title Ix Create Equality Within Athletics: Analyzing Female Athletic Participation In High School Institutions, Kellyn M. Webster

Political Science Theses and Capstones

Since Title IX was signed into law in 1972, the legislation has long been associated with athletics. After the passage of Title IX, high school level and any other federally funded institution, now had to promote gender equality, including athletics. However, even though equality was and still is required, those demands are still not being met. Using data from the National Center for Education Statistics and the Civil Rights Data Collection in the 2013-2014 school year, I examine equality within high school athletics. I analyze the characteristics in high schools throughout the United States to determine what types of schools …

State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah

Dickinson Law Review (2017-Present)

In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In …

The New Veil Of Race-Neutrality: A Critical Race Perspective On The Disproportionate Police Killings Of Unarmed Black Males, Robert Durell Mccord

Student Theses and Dissertations

This study conducts a qualitative thematic analysis of mass media framing of victims and perpetrators of police-involved killings of unarmed black males, the legal outcomes of the investigations into these killings, and the community response in the aftermath. This research finds five themes within the data: Dispute over Justice, Colorblind Racism, Distrust of the Criminal Justice System, Officer Vindication, and Suppression of Black Protest. I find that systemic issues in police use of force are exacerbated by preexisting racial inequalities and ideologies that perpetuate the racial status quo, wherein these killings are deemed justified. The implications that these killings convey …

The Torch (February 2020), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

2020 Mlk Keynote Address: Michelle Alexander Presentation, Center For Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda

Martin Luther King, Jr. Series

2020 MLK Series Keynote Michelle Alexander brings audiences profoundly necessary and meaningful insights on the practice of mass incarceration that plagues the US justice system, as well as eye-opening conversation on how we can end racial caste in America. Lecture Wednesday, January 22, 2020 at 5:30pm, RISD Auditorium, 17 Canal Walk, Providence, RI.

In her acclaimed bestseller The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Alexander peels back the curtain on systemic racism in the US prison system in a work that the New York Review of Books describes as "striking in the intelligence of her …

Expanding Peña-Rodriguez V. Colorado To Protect Criminal Defendants From Explicit Gender Animus, Katie Hicks

Arkansas Law Review

In 2017, the United States Supreme Court extinguished explicit racial animus expressed during juror deliberations criminal trials. Though courts have repeatedly cloaked the jury’s deliberation room—essentially, “black box”—in impenetrable armor, Miguel Angel Peña-Rodriguez leveraged the American promise of equality, piercing a juror’s animus and bringing it within reach of the Court. His case established that protection of the jury’s black box decision making must yield to an even more fundamental protection: the equal protection of the law and the right to a fair and impartial trial by jury.

Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao

Northwestern Journal of Law & Social Policy

On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP …

Genetic Race? Dna Ancestry Tests, Racial Identity, And The Law, Trina Jones, Jessica L. Roberts

Faculty Scholarship

Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use genetic ancestry in determining race. In this Essay, we examine the ways in which DNA ancestry tests may affect contemporary understandings of racial identity. We argue that these tests are poor proxies for race because they fail to reflect the social, cultural, relational, and experiential norms …

Tracing Biometric Assemblages In India’S Surveillance State: Reproducing Colonial Logics, Reifying Caste Purity, And Quelling Dissent Through Aadhaar, Priya Prabhakar

Scripps Senior Theses

Tracing Biometric Assemblages in India’s Surveillance State seeks to understand the historical conditions that rendered the nation-state of India as having the world’s largest biometric surveillance system: Aadhaar. Surveillance practices used by the British Raj mirrors the current social order of the ruling Bharatiya Janata Party (BJP), as they use surveillance to similar ends in today’s political economy, through the intersecting forces of neoliberalism and ethnonationalism. This thesis is an exploration into how India’s current surveillance regimes cultivate biometric surveillant assemblages through Aadhaar. Contrary to claims that Aadhaar was created to empower the poor, I argue that these surveillance regimes …