Civil Rights and Discrimination Commons^™

Do Irish Courts And The European Court Of Human Rights Have Achieved The Correct Balance Between Protection Of The Rights Of Individual Prisoners And Pragmatic Concerns Regarding The Proper Functioning Of The Prison System., Adrian Berski

Reports

Nowadays it is very hard to find the relevant balance between decisions of the Irish Courts and European Court of Human Rights (ECtHR), regarding the rights of individual prisoners and the proper functioning of the prison system. On one side, the main function of the courts is resolution dispute, apply the relative law and most importantly: protecting the law and human rights. On the other hand, court decisions have to be based on the relevant prison and justice systems that applies to each particular country.

It is worth taking into consideration that decisions made by the European Court of Human …

Foreword: Critical Race Theory And Empirical Methods Conference, Kimani Paul-Emile

Fordham Law Review

    Everyone seems to be talking about race. From the protests that erupted in cities across the country over the failure of grand juries in Missouri and New York to indict police officers in the killing of two unarmed black men, to the racially charged statements made by the owners of professional sports teams; and the college fraternity members captured on film singing a racist lynching song; race exploded into the nation’s collective consciousness. Even the Starbucks Coffee chain’s recent “Race Together” campaign, intended to promote discussion about race, sparked a controversy and was quickly withdrawn. These and other events have …

When Is Fear For One's Life Race-Gendered? An Intersectional Analysis Of The Bureau Of Immigration Appeals's In Re A-R-C-G- Decision, Ange-Marie Hancock

Fordham Law Review

    In August 2014, the U.S. Board of Immigration Appeals (BIA) handed down a breakthrough decision, In re A-R-C-G-, permitting courts to consider domestic violence as a gendered form of persecution in a home country and thus grounds for asylum in the United States. Along with two other 2014 decisions, In re W-G-R- and In re M-E-V-G-, this case represented a marked shift from prior BIA decisions, which for fifteen years had interpreted sections 208(a) and 241(b)(3) of the Immigration and Naturalization Act more narrowly, thus excluding claims of home country abuse as reasonable grounds to grant asylum. Specifically, …

The Modern Day Scarlet Letter, Ifeoma Ajunwa

Fordham Law Review

    American society has come to presuppose the efficacy of the collateral legal consequences of criminal conviction. But little attention has been paid to their effects on the reintegration efforts of the formerly incarcerated and, in particular, formerly incarcerated women. An 1848 case, Sutton v. McIlhany, affirmed collateral legal consequences as constituting an important part of criminal punishment. More recent cases, such as Turner v. Glickman, in which a class of people convicted of drug crimes were subsequently denied food stamps and other government benefits, have upheld the constitutionality of imposing these legal penalties on an individual even after …

Faculty Insights On Educational Diversity, Meera E. Deo

Fordham Law Review

    Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …

Diversity, Democracy & Pluralism: Confronting The Reality Of Our Inequality, Stacy Hawkins

Mercer Law Review

African-Americans were inspired by the election of Barack Obama as the first African-American President of the United States. Women were energized by even the prospect of electing the first female President of the United States. Latinos expressed pride in the confirmation of Justice Sonia Sotomayor to the United States Supreme Court. And a movie was made immortalizing Harvey Milk, the first openly gay politician elected to public office in the United States. This list of celebrated "firsts" goes on and on. All too often in the twenty-first century, we have either celebrated diversity among our civic leaders as a novelty, …

A Criminal Justice System Without Justice: The News Media, Sports Media, & Rap‘S Influence On Racial Crime Disparities, "Jake" James Cullen Evans

University of Miami Race & Social Justice Law Review

No abstract provided.

A Prescription For Healing A National Wound: Two Doses Of Executive Direct Action Equals A Portion Of Justice And A Serving Of Redress For America & The Black Panther Party, Angela A. Allen-Bell

University of Miami Race & Social Justice Law Review

No abstract provided.

What Do Prisoners And Zoo Animals Have In Common? They Have More Protection From Physical Violence Than School Children In Nineteen States, Heddy Muransky, Linda J. Fresneda

University of Miami Race & Social Justice Law Review

No abstract provided.

Social Injustice In Minor League Baseball: How Major League Baseball Makes Use Of An Antitrust Exemption To Exploit Its Employees, Gregg Steinman

University of Miami Race & Social Justice Law Review

No abstract provided.

The Public Defender Crisis In America: Gideon, The War On Drugs And The Fight For Equality, William Lawrence

University of Miami Race & Social Justice Law Review

The role of the public defender in the United States is one that is often disparaged and widely misunderstood. This note will first attempt to illuminate the evolution of the public defender movement in the United States, detailing its rather quiet ascent to the forefront of the criminal justice system: from the early work of Clara Foltz, to the trial of Clarence Earl Gideon, and beyond. The note will also broach just a few of the many systemic issues faced by the modern day public defender, including the unfortunate perception of inferiority from both the general public and indigent defendants …

"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman

Fordham Law Review

    Tabitha Walrond gave birth to Tyler Isaac Walrond on June 27, 1997, when Tabitha, a black woman from the Bronx, was nineteen years old. Four months before the birth, Tabitha, who received New York public assistance, attempted to enroll Tyler in her health insurance plan (HIP), but encountered a mountain of bureaucratic red tape and errors. After several trips to three different offices in the city, Tabitha still could not get a Medicaid card for Tyler. Tabitha’s city caseworker informed her that she would have to wait until after Tyler’s social security card and birth certificate arrived to get the …

A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, Herbert C. Brown Jr.

William & Mary Journal of Race, Gender, and Social Justice

This Article explores affirmative action treatment for self-identified LGBT individuals in college and university admissions. This Article seeks to explain that while granting affirmative action treatment to self-identified students in the admission process is constitutional, under the current affirmative action precedent, there is a lack of sufficient justification for such an expansion. This Article will also explore the advantages and disadvantages should colleges and universities choose to implement affirmative action programs for LGBT applicants.

Section I of this Article will begin by depicting the evolution of affirmative action programs since their inception in the early 1960s. This section will also …

Employment Discrimination Against Bisexuals: An Empirical Study, Ann E. Tweedy, Karen Yescavage

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?, Matthew C. Blake

Political Science Theses and Capstones

The Obama Administration has come under scrutiny by both the public and Congress, since former National Security Agency (NSA) contractor Edward Snowden made known the scope of government surveillance programs being utilized by the U.S. government to gather intelligence on domestic citizens. Snowden’s disclosures about the government’s surveillance practices to the mainstream media began in June 2013. I focus on how public opinion towards the government’s surveillance practices and an individual’s reasonable right to privacy has shifted after revelations made by Edward Snowden on the practices of the NSA. Individuals may show support for more government surveillance in the name …

Justice Sotomayor‟S Undemocratic Dissent In Schuette V. Coalition To Defend Affirmative Action, Adam Lamparello

University of Miami Race & Social Justice Law Review

No abstract provided.

Fair Districts Florida: A Meaningful Redistricting Reform?, Jordan Lewis

University of Miami Race & Social Justice Law Review

No abstract provided.

Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler

University of Miami Race & Social Justice Law Review

No abstract provided.

Access To Counsel In Civil Cases, Human Rights Institute

Human Rights Institute

Legal representation is fundamental to safeguarding access to the legal system. Yet, in the United States, millions of people who are poor or low-income are unable to obtain legal representation when facing a crisis such as eviction, foreclosure, domestic violence, workplace discrimination, termination of subsistence income or medical assistance, loss of child custody, or deportation. Indeed, in the U.S., only a small fraction of the legal problems experienced by low-income people — fewer than one in five — is addressed with the assistance of legal representation.

"I Do For My Kids": Negotiating Race And Racial Inequality In Family Court, Tonya L. Brito, David J. Pate Jr., Jia-Hui Stefanie Wong

Fordham Law Review

    Socio-legal scholarship examining issues of access to justice is currently experiencing a renaissance. Renewed inquiry into this field is urgently needed. Studies confirm that only 20 percent of the legal needs of low- income communities are met and that the vast majority of unrepresented litigants are low income, creating what some call a “justice gap” that has become even more urgent in recent years. State tribunals that deal with high-stakes issues particularly relevant to low-income residents, such as family courts and housing courts, are seeing an increasing number of litigants, the majority of whom are unrepresented.

Police Racial Violence: Lessons From Social Psychology, L. Song Richardson

Fordham Law Review

    The recent rash of police killing unarmed black men has brought national attention to the persistent problem of policing and racial violence. These cases include the well-known and highly controversial death of Michael Brown in Ferguson, Missouri, as well as the deaths of twelve-year-old Tamir Rice in Cleveland, Ohio; Eric Garner in Staten Island, New York; John Crawford III in Beavercreek, Ohio; Ezell Ford in Los Angeles, California; Dante Parker in San Bernardino County, California; and Vonderrit D. Myers Jr. in St. Louis, Missouri. Data reported to the FBI indicate that white police officers killed black citizens almost twice a …

Race In The Life Sciences: An Empirical Assessment, 1950-2000, Osagie K. Obasogie, Julie N. Harris-Wai, Katherine Darling, Carolyn Keagy

Fordham Law Review

    The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most notorious applications of biological race—eugenics and the Holocaust—moved scientists away from thinking that race reflects inherent differences and toward an understanding that race is a largely social, cultural, and political phenomenon. This understanding of the evolution of race as a scientific idea informed the way that …

Critical Race Science And Critical Race Philosophy Of Science, Paul Gowder

Fordham Law Review

    Over several decades, feminist philosophy of science has revealed the ways in which much of science has proceeded from “mainstream” assumptions that privilege men and other hierarchically superordinate groups and existing socially constructed conceptions of gender. In doing so, it has produced a research program that, while rooted in the post- Kuhnian philosophy and sociology of science that has been taken up by many students of scientific method more generally, has been used to critique great swathes of modern science and to reveal both the biases of the mainstream, and the transformative potential of a science that proceeds from the …

Taking A Stand?: An Initial Assessment Of The Social And Racial Effects Of Recent Innovation In Self-Defense Laws, Mario L. Barnes

Fordham Law Review

    Perhaps, not surprisingly, the controversy over the rise of self-defense reforms in the United States that have come to be known as ―Stand Your Ground‖ (SYG) laws, began with a story about colors. This Article principally applies an empirical method and critical race theory (eCRT) lens to explore whether these reformed statutes, which generally have authorized greater use of force within the context of self-defense, deter crime and differentially affect Whites, Blacks, and other racial groups.

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Fordham Law Review

    Focusing on criminal law and procedure in particular, this Article seeks to expose various tensions in critical race theorizing and progressive theorizing more broadly, offer some suggestions for a unifying methodology of critical criminal law analysis, and discuss where empirical study might fit into this new program. Progressive (critical race and feminist) theorizing on criminal law is not only subject to the competing frames of critique and formalism, it also exists within an overarching American criminal law culture that can eclipse both concerns over rights violations and structural injustice. The U.S. penal system has become a “peculiar institution” and a …

Justice Shortchanged--Assigned Counsel Compensation In Wisconsin, Sixth Amendment Center, The Defender Initiative, Robert C. Boruchowitz, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Justice Shortchanged--Assigned Counsel Compensation in Wisconsin

Brief Of Amicus Curiae National Center For Lesbian Rights, Fred T. Korematsu Center For Law And Equality, And Prof. Julie Shapiro, Fred T. Korematsu Center For Law And Equality, Julie Shapiro

Fred T. Korematsu Center for Law and Equality

In re Marriage of Black

The Civil Rights Act Of 1964 And "Legislating Morality": On Conscience, Prejudice, And Whether "Stateways" Can Change "Folkways", Linda C. Mcclain

Faculty Scholarship

Influential studies, from the 1940s and 1950s, of the problem of prejudice and how to remedy it challenged the famous assertion of nineteenth-century sociologist William Graham Sumner that “stateways don’t change folkways,” and its modern counterparts, “you cannot legislate against prejudice” or “you cannot legislate morality.” Social scientists countered that, although people might initially protest, they would welcome a federal antidiscrimination law that aligned with conscience and closed the gap between American ideals and prejudice, creating new “folkways.” Using examples from the contexts of public accommodations, education, and employment, this Article examines similar arguments made about conscience and “legislating morality” …

Supreme Court Argument On Same-Sex Marriage Clouds Predictions, Lauren Carasik

Media Presence

No abstract provided.

Memorandum Of Amici Curiae The Fred T. Korematsu Center For Law And Equality And The Center For Indian Law & Policy On The Timing Of A Post-Admission Judicial Hearing, Fred T. Korematsu Center For Law And Equality, Center For Indian Law And Policy

Fred T. Korematsu Center for Law and Equality

Native Village of Hooper Bay and Native Village of Kongiganak v. Lawton et al.