Law and Race Commons^™

Medical Apartheid: A Book Review, Carmen Kennedy

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis

Publications & Research

Overwhelmingly, black folks have close encounters on a regular basis with being marginalized, insulted, dismissed and discriminated against. It is the natural consequence of still being considered little more than a Negro in this country. Especially for the “Exceptional Negroes.” But, as we will see, the truth is that even with our exceptionalism, we are still just “Negroes” to white America and in case we forget that, they will swiftly remind us.

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin

Criterion: A Journal of Literary Criticism

Hip hop, as a cultural phenomenon, leverages rap as a narrative form in periods of acutely visible political unrest in the Black American community to combat pejorative narratives of Black America as revealed in the American criminal justice system’s treatment of Black Americans. Hip-hop themes were prevalent in golden-age rap of the 1980s in response Regan-era war-on-drugs policy, which severely disadvantaged the Black community and devalued the Black personhood. Hip hop used narrative to reclaim the Black personhood while it served to encourage political involvement in the Black community, urging Blacks to participate in rewriting the narrative of Black America. …

Scrapbook: Jacksonville Sit-Ins, Freedom Riders, Ax Handle Saturday And Naacp Youth Council Meetings.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

This compilation by Hurst includes articles related to sit-ins, Ax Handle Saturday, desegregating hiring policies, freedom riders and other events related to civil rights in Jacksonville, Florida. Circa 1957-1965

Racism And Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] “Does racism constitute a legitimate basis for removing a president? More generally, what is the scope of Congress's removal power?

”In all but the most extraordinary circumstances, the remedy for incompetent political leadership -indeed, even abhorrent political leadership lies in the next election. But the Constitution does provide Congress with tools to remove certain federal officeholders between elections.”

True Colors: Crime, Race And Colorblindness Revisited, Itay Ravid

Cornell Journal of Law and Public Policy

The violent, racially motivated events of the Charlottesville rally unleashed demons that many Americans believed were long buried. Old Jim Crow-inspired racism came straight through the front door. Yet critics of colorblind policies were not surprised. For them, such an eruption of racial hatred manifested what they had repeatedly argued: colorblind policies neither alter racial predispositions nor affect the unequal treatment of minorities in the United States. In fact, colorblindness has given rise to a modern, latent type of racism. This Article empirically investigates this claim in an unexplored context-the media's colorblind, crime-related coverage policies. Utilizing a novel dataset spanning …

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Faculty Publications By Year

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Faculty Publications By Year

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …

Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough

Publications and Research

This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …

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

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

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 …

Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda

Journal Articles

In the midst of the post-2016 political crisis, our role as academics is that of First Responders. In physical crises, like a fire, First Responders play an important role. They intentionally put themselves in harm’s way to fulfill an overarching purpose of helping others, even at their own risk. They strategically prepare, train, and work for years to prepare for this role in the midst of crisis. As academics who care about equality, we are First Responders.

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

Northwestern Journal of Law & Social Policy

No abstract provided.

Genealogy Of The Concept Of "Hate Crime": The Cultural Implications Of Legal Innovation And Social Change, Roslyn Myers

Dissertations, Theses, and Capstone Projects

The term "hate crime" is new to legislative and public discourse, as well as legal and social science scholarship. A decade after the concept of a "hate crime" was introduced in Congress, the 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act (HCPA), to punish criminal actors who target victims because of their characteristics (race, color ethnicity, sexual orientation, religion, gender, gender identity, or disability). Using relevant archival sources, this project uses genealogical qualitative methods to examine the interplay of cultural elements manifested in this provocative term, which reflect dominance and subjugation among social groups (In- and Out-Groups) …

Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, Golocalprov Political Team, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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

Arbitration Law Review (2009 - Present)

No abstract provided.

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status …

Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April 4, …

The Effect Of Phenotypic Bias On Lineup Construction Fairness, Sydney Y. Wood

Student Theses

There is converging evidence that people make inferences about others’ culpability and deservingness of punishment based on whether they express more of the African phenotype (e.g., darker skin, wider nose, thicker lips; Blair, Judd, & Chapleau, 2004; Eberhardt Goff, Purdie & Davies, 2004; Kahn & Davies, 2011). What is less clear is whether facial features that are phenotypically related to particular racial groups play a role in the mistaken identification of innocent Black suspects. Eyewitness descriptions lack detail with regard to racial phenotypes (Fahsing, Ask & Granhag, 2004; Nicholson & Kovera, 2013). Without descriptions containing phenotypic features to use when …

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

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

Abstract forthcoming.

Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks

College of Arts & Sciences Senior Theses

Beginning with President Carter and continuing with each successive president, the federal bench has become more diverse. This has caused scholars to turn their attention to how personal characteristics such as race and sex affect judging. Understanding the effects of gender and race on judging is crucial because white female and minority female judges may bring a different perspective to the bench than their male counterparts due to their shared experiences with discrimination. To fill a gap in the literature, this study examines the impact of women in terms of legal influence and voting behavior. The results demonstrate that women …

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.

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.

Racial Tensions In Society: A Study Of Arrest Related Shootings In Arkansas 2006 - 2011, James Aaron Luht

Student Theses and Dissertations

In the context of the recent tensions regarding police use of force in America, the surrounding media attention, and the formation of social movement organizations such as Black Lives Matter, this article will examine police shootings in Arkansas from 2011 to 2016. Using Conflict Theory as a basis for this study the following questions provide the foundation for research: (1) Are police shootings a factor of individual variables, community demographics, location? (2) What are the circumstances that make police use of deadly force more common? Using data from the Uniform Crime Report, a study conducted by the Arkansas Democratic Gazette …

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …

The Force Of Manhood: The Consequences Of Masculinity Threat On Police Officer Use Of Force, Aurelia Terese Alston

Dissertations and Theses

Positive community-police relations, which are based on mutual trust, are key to equitable and just policing. Use of force that is perceived as unfair and biased can quickly undermine relations between the police and the public. In an attempt to understand what psychological factors contribute to police use of force decisions and potentially racially biased use of force application, this study proposed masculinity threat as an important psychological factor that influences police behavior. Masculinity threat occurs when a man's status as a man is threatened, and threats to masculinity are often associated with increased aggression and dominance as a way …

In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin

Next Page

This edition of Next Page is a departure from our usual question and answer format with a featured campus reader. Instead, we asked speakers who participated in the College’s recent Student Solidarity Rally (March 1, 2017) to recommend readings that might further our understanding of the topics on which they spoke.