Law and Race Commons^™

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.

Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura

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

No abstract provided.

Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley

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

No abstract provided.

Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm

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

No abstract provided.

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton

William & Mary Bill of Rights Journal

No abstract provided.

Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai

William & Mary Bill of Rights Journal

No abstract provided.

Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier

William & Mary Law Review

No abstract provided.

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

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

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …

Crisis? Whose Crisis?, Jack M. Beermann

William & Mary Law Review

Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …

Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon

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

No abstract provided.

The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence

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

While neuroscience continues to make it clearer that mental processes, effects, disorders, and states can be described through physical observation, the metaphysical notion of mind-body dualism still pervades the U.S. legal system. In this Article, I discuss many areas where mind-body dualism holds fast, and others where mind-body dualism has already been explicitly or impliedly rejected. I argue that in most areas, the dualist distinction would have little to no impact on the values the law already describes. However, I argue that rejecting dualism would have an impact on fundamental rights analyses. First Amendment free speech rights, fundamental rights, and …

Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson

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

No abstract provided.

Introduction, Dania Matos

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

No abstract provided.

Digital Internment, Margaret Hu

Faculty Publications

In Korematsu, Hirabayashi, and the Second Monster, Eric L. Muller explores whether Korematsu v. United States is dead post-Trump v. Hawaii, and whether by failing to strike down Hirabayashi v. United States, the “mother” of Korematsu and a “second monster” lives on. This brief response Essay contends that answering these questions first demands grasping how Trump v. Hawaiifailed to fully address the program implemented by the Muslim Ban–Travel Ban: Extreme Vetting. Extreme Vetting can be characterized as a form of “digital internment” through a complex web of cybersurveillance, administrative-imposed restraints, and “identity-management” rationales that are …

Pay Now, Play Later?: Youth And Adolescent Collision Sports, Vivian E. Hamilton

Faculty Publications

The routine and repeated head impacts experienced by athletes in a range of sports can inflict microscopic brain injuries that accumulate over time, even in the absence of concussion. Indeed, cumulative exposure to head impacts—not number of concussions—is the strongest predictor of sports-related degenerative brain disease in later life. The observable symptoms of disease appear years or decades after initial injury and resemble those of other mental-health conditions such as depression and dementia. The years-long interval between earlier, seemingly minor, head impacts and later brain disease has long obscured the connection between the two.

Risk of injury differs across demographics, …

The Forgotten Victims Of Missing White Woman Syndrome: An Examination Of Legal Measures That Contribute To The Lack Of Search And Recovery Of Missing Black Girls And Women, Jada L. Moss

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

No abstract provided.

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movements, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

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

No abstract provided.

Black Hair(Tage): Career Liability Or Civil Rights Issue?, Kaili Moss

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

No abstract provided.

Chronic Harm, Ann Kennedy

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

No abstract provided.

The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White

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

No abstract provided.

Schuette And Antibalkanization, Samuel Weiss, Donald Kinder

William & Mary Bill of Rights Journal

In Schuette v. Coalition to Defend Affirmative Action, Justice Kennedy’s controlling plurality revised the political process doctrine and ended the practice of affirmative action in Michigan. In this opinion, Kennedy followed in the Court’s tradition of invoking antibalkanization values in equal protection cases, making the empirical claims both that antibalkanization motivated the campaign to end affirmative action in Michigan and that the campaign itself would, absent judicial intervention, have antibalkanizing effects.

Using sophisticated empirical methods, this Article is the first to examine whether the Court’s claims on antibalkanization are correct. We find they are not. Support for the Michigan …

The Jury Sunshine Project: Jury Selection Data As A Political Issue, Ronald F. Wright, Kami Chavis, Gregory S. Parks

Faculty Publications

In this Article, the authors look at jury selection from the viewpoint of citizens and voters, standing outside the limited boundaries of constitutional challenges. They argue that the composition of juries in criminal cases deserves political debate outside the courtroom. Voters should use the jury selection habits of judges and prosecutors to assess the overall health of local criminal justice: local conditions are unhealthy when the full-time courtroom professionals build juries that exclude parts of the local community, particularly when they exclude members of traditionally marginalized groups such as racial minorities. Every sector of society should participate in the administration …

Pink Hats And Black Fists: The Role Of Women In The Black Lives Matter Movement, Jessica Watters

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

No abstract provided.

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

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

No abstract provided.

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Faculty Publications

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …

Section 1: Moot Court: Pena-Rodriguez V. Colorado, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

How We Move Beyond Dallas, Spencer Overton, Kami Chavis

Popular Media

Calls for healing and reconciliation in the wake of recent racial violence overlook the substantive, concrete steps that experts say would help forestall the next police tragedy.

The Supreme Court Didn't Fix Racist Jury Selection, Kami Chavis

Popular Media

No abstract provided.

Good Faith Discrimination, Girardeau A. Spann

William & Mary Bill of Rights Journal

The Supreme Court’s current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Court’s racial jurisprudence stem from the Court’s willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects of past discrimination. …

The Legacy Of Stop And Frisk: Addressing The Vestiges Of A Violent Police Culture, Kami Chavis Simmons

Faculty Publications

For many years, the New York City Police Department ("NYPD") has engaged in a practice known as "Stop and Frisk." This policy allows officers, based on reasonable suspicion that criminal activity is afoot, to engage in investigatory stops and to conduct a pat down of the outer clothing of the individual if there is reasonable suspicion that the suspect is armed.

While there is an abundance of analysis regarding the detrimental impact of the stop-and-frisk policy, particularly the allegations of racial discrimination, an under examined facet of this policy and its implementation is the inherently violent nature of these encounters. …