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Articles 1 - 30 of 50
Full-Text Articles in Law and Race
Race And Criminal Justice In Canada, Charles E. Reasons, Shereen Hassan, Melinda Bige, Christianne Paras, Simranjit Arora
Race And Criminal Justice In Canada, Charles E. Reasons, Shereen Hassan, Melinda Bige, Christianne Paras, Simranjit Arora
All Faculty Scholarship for the College of the Sciences
The relationship between race and crime has long been a subject of study in the United States; however, such analysis is more recent in Canada. A major factor impeding such study is the fact that racial/ethnic data are not routinely collected and available in Canada, unlike the United States. The collection of such data would arguably undermine the multi-cultural mosaic of Canada as a place of acceptance and tolerance. However, the lack of such data bellies research suggesting that race plays a role in the Canadian criminal justice system. Using available, albeit, limited research studies and their data, the role …
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Law School Blogs
No abstract provided.
Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins
Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins
Washington and Lee Law Review Online
Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the surface of tort opinions; and court records do not reveal the race of tort plaintiffs, defendants, or jurors. Yet it is essential to try and understand the workings of race and racism in the torts system. The authors pose …
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Thomas W. Mitchell
May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …
Black Boys Matter: Developmental Equality, Nancy E. Dowd
Black Boys Matter: Developmental Equality, Nancy E. Dowd
Hofstra Law Review
The life course of Black boys is a stark reminder of the realities of inequality. While recent attention to policing and high profile deaths of Black youth and adults has raised consciousness of life-threatening situations, this focus exposes the most visceral and deadly aspect of a much larger set of issues. Those issues begin at birth, and are powerfully framed before adulthood, creating inequality particularly when the individual is most vulnerable, in childhood. This Article confronts the inequalities of Black boys and their subordination, as a vehicle to expose inequalities more generally based on children’s identities. The life course of …
Confronting Race And Collateral Consequences In Public Housing, Ann Cammett
Confronting Race And Collateral Consequences In Public Housing, Ann Cammett
Seattle University Law Review
Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of …
Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky
Law School Blogs
No abstract provided.
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
Research Data
These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.
"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb
"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb
Nevada Law Journal
No abstract provided.
The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello
University of Miami Business Law Review
No abstract provided.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
University of Miami Business Law Review
No abstract provided.
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
University of Miami Business Law Review
No abstract provided.
It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell
University of Miami Business Law Review
No abstract provided.
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
University of Miami Business Law Review
No abstract provided.
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
University of Miami Business Law Review
No abstract provided.
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
Seattle University Law Review
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever since …
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
Seattle University Law Review
The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated—like human …
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
Seattle University Law Review
Child support enforcement is one of several contemporary contexts in which the state threatens to incarcerate people if they fail to work. This symposium essay explores whether this practice violates the Thirteenth Amendment’s ban on involuntary servitude. At first glance, such threats fall squarely within the ambit of the early 20th century peonage cases. There, the Supreme Court struck down criminal enforcement of legal obligations to work off a debt. Several modern courts have declined to reach a similar conclusion when child support enforcement puts obligors to a choice between paying, working, and going to jail. To do so, these …
The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann
The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann
Faculty Scholarship
Reviewing Kenneth R. Aslakson, Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans (New York University Press 2014).
The racial history of New Orleans is unique among American cities, as is Louisiana's among the history of American states. In the antebellum period, there were more free people of color in New Orleans than in any other city in the South, and free people of color lived, and often prospered, throughout Louisiana. The presence of so many free people of color in New Orleans, and Louisiana more generally, arose from many factors, including the consequences …
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
University of Richmond Law Review
No abstract provided.
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
University of Richmond Law Review
The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance
University of Richmond Law Review
No abstract provided.
Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes
Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes
University of Richmond Law Review
No abstract provided.
Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law
Newsroom: Reeves Urges: 'Be Citizen Soldiers', Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Lorraine Lalli's Post: Judge Reeves On Racial Violence, Same-Sex Marriage, 01/12/2016, Lorraine Lalli
Trending @ Rwu Law: Lorraine Lalli's Post: Judge Reeves On Racial Violence, Same-Sex Marriage, 01/12/2016, Lorraine Lalli
Law School Blogs
No abstract provided.
The Patriarchy Prescription: Cure Or Containment Strategy?, Verna L. Williams
The Patriarchy Prescription: Cure Or Containment Strategy?, Verna L. Williams
Faculty Articles and Other Publications
Professor Williams discusses the 1965 Moynihan Report, "The Negro Family: The Case for National Action," its effect on societal and legal views of blacks in the ensuing half-century, and offers an alternative paradigm, "social justice feminism," for examining challenges confronting African American families.
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Faculty Articles and Other Publications
This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …