Law and Race Commons^™

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Foreword, Honorable Nathaniel R. Jones

Freedom Center Journal

The articles in this issue of The Freedom Center Journal are timely challenges to the persistent efforts to undermine the American values enshrined in the Preamble of the Constitution and the body of the Constitution itself with its three Civil War Amendments.

The student editors of this volume intended the selected contributions to offer readers a nuanced view of our nation’s current identity crisis. The collection is offered in the hope that it will encourage further thinking and discussion about what it means to be part of the American experiment with democratic self-governance in an age of resurgent white supremacy.

A Candid Discussion About Social Justice: Iris Roley, The Black United Front, And The History Of Cincinnati’S Collaborative Agreement, Ashton Hood

Freedom Center Journal

In early April of 2001 I was growing up in the community of Glendale, a northern suburb of Cincinnati, Ohio. I vividly remember the media coverage of the civil unrest occurring downtown in response to the killing of Timothy Thomas.1 The following interview with Iris Roley, member of the Cincinnati Black United Front, attempts to shed light on the origins of the rage felt in the city during that time period. Proactive steps have been taken since Cincinnati was placed in a national spotlight for its embarrassing race relations. Much work still needs to be done to ensure equity, but …

The System Is Working The Way It Is Supposed To: The Limits Of Criminal Justice Reform, Paul Butler

Freedom Center Journal

Ferguson has come to symbolize a widespread sense that there is a crisis in American criminal justice. This Article describes various articulations of what the problems are and poses the question of whether law is capable of fixing these problems. I consider the question theoretically by looking at claims that critical race theorists have made about law and race. Using Supreme Court cases as examples, I demonstrate how some of the “problems” described in the U.S. Justice Department’s Ferguson report, like police violence and widespread arrests of African-Americans for petty offenses, are not only legal, but integral features of policing …

Exploring Northern Identity Through Historical Analysis Of Cincinnati’S Antebellum Period, Avery Ozimek

Freedom Center Journal

This essay explores the author's attempt to find a truer Northern identity, different from the one taught in school. It looks at Cincinnati during America’s Antebellum period, a historical period generally seen as one marked by “a nation polarized by specific regional identities. The South held a pro-slavery identity . . . while the North largely held abolitionist sentiments and opposed the institution’s westward expansion.” During this period, Ohio’s constitution may have been anti-slavery, however, the state’s Black Codes, race riots, and anti-abolitionist sentiments told a different story than Ohio’s constitution. The darker history of Antebellum Cincinnati often goes untold, …

Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. Mclaughlin

Documents

No abstract provided.

Identity: Obstacles And Openings, Osamudia R. James

Articles

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.

Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long

United States Department of Homeland Security

In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …

Whiskey Sour: An Ip Evaluation Of Nathan Green's Contribution To Jack Daniel's Whiskey And How That Contribution Led To An Inequitable Distribution Of Generational Wealth, Emmanuel Onochie

Marquette Intellectual Property Law Review

None.

Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In International Law, Beatriz Garcia, Lucas Lixinski

Intercultural Human Rights Law Review

This article argues that the current model of Indigenous rights adjudication foregrounds essentialized notions of culture, backgrounding interests of Indigenous peoples (IPs) that are not necessarily related to culture. Culture imposes a burden that limits the possibilities of human rights for Indigenous peoples, which is at least in part attributable to the current model's lack of precision. We show that the jurisprudence on IP rights by international adjudicatory bodies focuses on culture without meaningful attempts to explain and define it, is imprecise on how culture affects the reading of the human right for which it serves as the basis, as …

Civil Rights In Living Color, Vinay Harpalani

Faculty Scholarship

This Article will examine how American civil rights law has treated “color” discrimination and differentiated it from “race” discrimination. It is a comprehensive analysis of the changing legal meaning of “color” discrimination throughout American history. The Article will cover views of “color” in the antebellum era, Reconstruction laws, early equal protection cases, the U.S. Census, modern civil rights statutes, and in People v. Bridgeforth—a landmark 2016 ruling by the New York Court of Appeals. First, the Article will lay out the complex relationship between race and color and discuss the phenomenon of colorism—oppression based on skin color—as differentiated from …

Affirmative Action As Transitional Justice, Yuvraj Joshi

Faculty Scholarship

No abstract provided.

Murray Excellence In Scholarship Lecture At Duquesne Law School On March 21, 2019, James Forman Jr.

Duquesne Law Review

No abstract provided.

Development In Over The Rhine: Can Otr Defeat The Pitfalls Of Gentrification And Create An Economically Diverse Community?, Madeline High

Freedom Center Journal

This paper focuses on the emergence of gentrification, the negative consequences it creates, and the ways in which these consequences can be alleviated. These topics are addressed both through a broad national lens and through a more narrow focus on Over-the-Rhine (OTR), a neighborhood in Cincinnati, Ohio. This paper specifically focuses on displacement in the realm of housing, culture, and economics as well as the potential creation of long-term segregation, and on how such displacement has led to a loss of autonomy of existing residents. The rise of gentrification and its impact is explored through an examination of literature, personal …

Remaking Environmental Justice, Clifford Villa

Faculty Scholarship

From movements for civil rights in the 1960s and environmental protection in the 1970s, the environmental justice movement emerged in the 1980s and 1990s to highlight the disparate impacts of pollution, principally upon people of color and low-income communities. Over time, the scope of environmental justice expanded to address concerns for other dimensions of diversity. New and continuing challenges tell us that we need to reframe our understanding of environmental justice to ensure better protection for people going forward. One way to reframe this understanding may be to apply the heuristic of vulnerability analysis as proposed by legal theorist Martha …

Don't Hire Me As A Token: Best Practices For Recruiting And Supporting Externs From Historically Marginalized Backgrounds, Alexi Freeman

Sturm College of Law: Faculty Scholarship

Diverse students strongly encouraged to apply. Seeking diverse perspectives. This program is only for students who identify as racial or gender minorities. Interested in a diverse applicant pool. Committed to recruiting students from historically marginalized groups.

If you were to take a quick perusal of advertisements seeking law student externs, summer associates, or semester law clerks, you would likely see similar phrases clearly targeting students of color and students who identify as LBGTQ+ for such positions. A lack of racial, ethnic, and sexual orientation diversity is nothing new for legal education or for the legal profession more broadly. But even …

Pandemic, Protests, And Prison Reform? Why 2020 Is A Catalyst To Rethink Drug Policy, Keelia Lee

St. Thomas Law Review

This Article will argue for the abandonment of the current criminal justice system as it relates to drug offenses and for its replacement with a medical model to address the healthcare problem of addiction. The medical model approach calls for complete decriminalization of all controlled substances coupled with better rehabilitation and reintegration policies. This Article argues the criminalization of drugs has targeted minorities under the guise of keeping communities safe. It will look at the differences between the United States and Portugal, a country that has implemented the medical model, while also analyzing recent legislation in the United States addressing …

Shut Up And Dribble: The Racial Subordination Of The Black Professional Athlete, Daniela Tenjido

St. Thomas Law Review

Most popular sports in the U.S. today are dominated by Black athletes. The professional Black athlete today has opportunities that the majority of his nonathlete counterparts do not. Judging objectively, professional Black athletes “made it.” Lucrative lifestyles and international fame, however, has come at a high price in recent years. In the era of the Black Lives Matter movement, a domestic race war, and the increase unleashing of violence against the Black community by police, Black athletes are caught in the middle. Athletes are natural born leaders. This has led to the strong convictions and rightful protest by many of …

The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble

St. Thomas Law Review

Racism and discrimination remain topics of focus that continue to shape the lives, experiences, and results of the American people. These aspects continue creating privileges, systematically and socially, for Whites while disadvantaging Blacks. Today’s White person claims to not see color, but is that the truth? Perhaps they do not see color, but maybe a more honest statement is that they do not see blackness. Where did it all begin? To answer these questions, this paper explores “The Birth of a Monster,” better known as “whiteness,” by encompassing white privilege and supremacy. It will paint a picture from segregation to …

Editor In Chief: Foreword, Virginia Millacci

UC Law Journal of Race and Economic Justice

No abstract provided.

#Livingwhileblack: Blackness As Nuisance, Taja-Nia Y. Henderson, Jamila Jefferson-Jones

American University Law Review

No abstract provided.

Race, Space And Democracy: Locally-Based Strategies For Development - Panel Discussion From Fourth National People Of Color Legal Scholarship Conference, Hosted At The American University Washington College Of Law, Ezra Rosser, Audrey Mcfarlane, Erika Wilson, Michele Alexander

Scholarly Articles in Law Reviews & Journals

Panel Discussion from Fourth National People of Color Legal Scholarship Conference, Hosted at the American University Washington College of Law:

[Audrey McFarlane] Alright, good morning everyone, thank you for joining us. This is the race, space, and democracy panel, locally based strategies for

development. Right now we have with us, me. I'm Audrey McFarlane. I'm a professor at the University of Baltimore. We also have Erika Wilson, who is a professor at the University of North Carolina. I'm going to dispense with the long bios, and commend you to the program guide for the long bios. Suffice it to say, …

The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter

Cardozo Law Review de•novo

This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Litigation For The People, Samuel R. Bagenstos

Reviews

Can anti-discrimination litigation be a tool for social change? For many years, a contingent on the academic left contended that the answer is no. The Critical Legal Studies movement (CLS) of the 1970s and ’80s argued that using litigation to enforce rights privileged lawyers, fed an alienating and individualized discourse, and ultimately had a depoliticizing effect. CLS adherents believed that anti-discrimination laws often legitimated, rather than challenged, the fundamental inequalities of society.

Although CLS is no longer a presence in law schools, its ideas live on. Its critique of rights litigation has been bolstered by the opposition to identity politics …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Black Women And Girls And The Twenty-Sixth Amendment: Constitutional Connections, Activist Intersections, And The First Wave Youth Suffrage Movement, Mae C. Quinn

Seattle University Law Review

On this 100th anniversary of the Nineteenth Amendment—and on the cusp of the fiftieth anniversary of the Twenty-sixth Amendment—this article seeks to expand the voting rights canon. It complicates our understanding of voting rights history in the United States, adding layers to the history of federal constitutional enfranchisement and encouraging a more intersectional telling of our suffrage story in the days ahead.

Thus, this work not only seeks to acknowledge the Twenty-sixth Amendment as important constitutional content, as was the goal of the article I wrote with my law student colleagues for a conference held at the University of Akron …

A Starting Point For Disability Justice In Legal Education, Christina Payne-Tsoupros

Journal Articles

This article explores how a disability justice framework would provide greater access to law school and therefore the legal profession for disabled students of color; specifically, disabled Black, Indigenous, and Latinx students. Using DisCrit principles formulated by Subini Annamma, David Connor, and Beth Ferri (2013), this article provides suggestions for incorporating a disability justice lens to legal education. In doing so, this article specifically recognizes the work of three disability justice activist-attorney-scholars, Lydia X.Z. Brown, Talila “TL” Lewis, and Katherine Pérez, and considers lessons from their advocacy and leadership that can apply in the law school setting.

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.