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Full-Text Articles in Law and Race

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy Dec 2017

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn Oct 2017

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice Oct 2017

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


Material Support Laws And Critical Race Theory, Nichole M. Pace Sep 2017

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are …


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg Aug 2017

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman May 2017

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

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

Abstract forthcoming.


Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez May 2017

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

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

Abstract forthcoming.


The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma May 2017

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

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

Abstract forthcoming.


Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams Apr 2017

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams

Ralph Bunche Journal of Public Affairs

While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that …


Post-Racialism And The End Of Strict Scrutiny, David Schraub Apr 2017

Post-Racialism And The End Of Strict Scrutiny, David Schraub

Indiana Law Journal

In recent years, a growing social consensus has emerged around the aspiration of a “post-racial” America: one where race is no longer a fault line for social strife or, perhaps, a morally significant trait whatsoever. This ambition, however, lies in tension with the most basic constitutional principle governing our treatment of race in the public sphere: that of “strict scrutiny.” Post-racialism seeks to diminish the salience of race to near negligibility. The strict scrutiny of racial classifications, by contrast, significantly enhances the salience of race by treating it differently from virtually every other personal attribute or characteristic—including hair or eye …


Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch Jan 2017

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …


Mandation Of Two Police Officers Per Patrol Unit And The Impact Of Diversity, Jolito Rivera Jan 2017

Mandation Of Two Police Officers Per Patrol Unit And The Impact Of Diversity, Jolito Rivera

Bridges: A Journal of Student Research

The purpose of this research is to explore the operation of police patrol units. Many police patrol units currently lack diversity as well as accountability on police officers. The first phase of correcting the deficits of the patrol units is identifying pros and cons of the current police patrolling methods. The second phase involves alternative solutions that could be put in place to create safer and more efficient police patrolling units. I analyze these solutions to determine why they would be positive and what restrictions prevent them from being feasible. In the final phase of the paper, I present a …


Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska Jan 2017

Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska

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

Abstract forthcoming.


Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin Jan 2017

Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin

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

Abstract forthcoming.


The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps Jan 2017

The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps

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

Abstract forthcoming.