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Articles 1 - 19 of 19
Full-Text Articles in Law and Race
Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
The Scholar: St. Mary's Law Review on Race and Social Justice
The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts …
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
Angela Onwuachi-Willig
No abstract provided.
Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson
Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson
University of Miami Race & Social Justice Law Review
No abstract provided.
Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby
Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby
University of Baltimore Law Review
Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively equal. Further, individuals with lower economic means were dually susceptible to conviction as a result of less vigorous legal representation.
Now, laws have legalized marijuana for medicinal purposes in twenty-six states, along with a small portion of states (seven) legalizing marijuana for recreational use. Yet retroactive ameliorative relief is not widely available to those who were convicted under circumstances that are now legal, and …
A Culture Of Silence: Exploring The Impact Of The Historically Contentious Relationship Between African-Americans And The Police, Mikah K. Thompson
A Culture Of Silence: Exploring The Impact Of The Historically Contentious Relationship Between African-Americans And The Police, Mikah K. Thompson
Faculty Works
The relationship between African-Americans and the police has traditionally been focused on authority, control, and the enforcement of laws we now acknowledge were racially discriminatory. This historical relationship, when combined with a modern-day narrative that the police disproportionately stop, arrest, and utilize deadly force against African-Americans, has resulted in pervasive, inter-generational fear and distrust of the police. Most African-Americans view police officers not as the heroic protectors they can call upon when in need of help or the hard-hitting investigators they would trust to look into a family member’s murder. Instead, many African-Americans believe police officers have bought into the …
Further Thoughts On Race, American Law, And The State Of Nature: Advancing The Multiracial Paradigm Shift And Seeking Patterns In The Area Of Race And Law, George A. Martinez
Further Thoughts On Race, American Law, And The State Of Nature: Advancing The Multiracial Paradigm Shift And Seeking Patterns In The Area Of Race And Law, George A. Martinez
Faculty Journal Articles and Book Chapters
In his article, the author seeks to use philosophical theory - state of nature theory - as a way to understand American law and issues of race. This project, consistent with a recent trend in legal scholarship, seeks to uncover hidden meanings in law through historical analysis, cultural critique, or philosophical contemplation.
The author argues that there is a tendency for the dominant group to relate to racial minorities as if they were in the state of nature - i.e., a tendency to act as if they were in a situation without legal or moral constraints. The article examines this …
How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson
How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Robert D Bullard
Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.
Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri
Trending@Rwu Law: Swapna Yeluri's Post: Baltimore: Ignoring Problems No Longer An Option, Swapna Yeluri
Law School Blogs
No abstract provided.
From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson
From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson
All Faculty Scholarship
The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace. Recent events in Ferguson, Missouri, have highlighted the tension between the officers on the beat and citizens on the street. These tensions are not likely to subside unless there are major structural changes in the way the police do their job and …
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton
Chicago-Kent Law Review
What does the art of dissent from a group look like in the context of race and politics? How does this element of political discourse resemble dissent in the more typical settings, such as the courts? And how might this brand of dissent be distinguished from the more common forms of the enterprise? In this piece, I develop a thesis of “racial dissent,” defined here as the act of speaking against a prevailing norm or principle within a given racial group. I outline a general argument for how racial dissent operates, including the review of structural pressures that racial dissenters …
A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss
A Critical Legal Rhetoric Approach To In Re African-American Slave Descendants Litigation, Lolita Buckner Inniss
Publications
In this paper I apply critical legal rhetoric to the judicial opinion rendered in response to the Defendants' Motion to Dismiss Plaintiffs' Second Amended and Consolidated Complaint in 'In Re African American Slave Descendants', a case concerning the efforts of a group of modern-day descendants of enslaved African-Americans to obtain redress for the harms of slavery. The chief methodological framework for performing critical legal rhetorical analysis comes from the work of Marouf Hasian, Jr. particularly his schema for analysis which he calls substantive units in critical legal rhetoric. Critical legal rhetoric is a potent tool for exposing the …
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
Articles
No abstract provided.
Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo
Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo
NYLS Law Review
No abstract provided.
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University
1 page.
How Democratic Are Initiatives?, Richard B. Collins
How Democratic Are Initiatives?, Richard B. Collins
Publications
No abstract provided.
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
Faculty Journal Articles and Book Chapters
Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the African-American/Latino relationship. With this in mind, the author discusses two important questions posed by the organizers of this panel: (1) How is the relationship between African-Americans and Latinos affected by the construction of race? and (2) Can Critical Race Theory benefit by a consideration of the race …
A New Dimension In Equal Protection?, Theodore J. St. Antoine
A New Dimension In Equal Protection?, Theodore J. St. Antoine
Articles
Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …