Law and Race | Open Access Articles | Digital Commons Network™

An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White

Nevada Law Journal

No abstract provided.

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American Punishment And Pandemic, Danielle C. Jefferis

Nevada Law Journal

No abstract provided.

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Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice. We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological racism, that limits its capacity for addressing the fundamental restructuring that racial justice requires. We suggest, in a manner that might be viewed as counterintuitive, that targeted universalist remedies might be more effective to address long term racial inequality but might also be …

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Turning The Tables On Rds: Racially Revealing Questions Asked By White Judges, Constance Backhouse

Dalhousie Law Journal

In the 1997 RDS case, the Supreme Court of Canada deliberated on the concept of judicial race bias. The decision subjected the oral ruling of a lower court trial judge in a busy Youth Court to close scrutiny. The majority of the nine-person, all-white bench reprimanded Canada’s first Black female judge, whose words about police officers who “overreact” in dealing with racialized youth they found “troubling” and “worrisome.” This article places the same close scrutiny on the words of the white judges who were most critical of the trial judge. It examines their informal interjections and comments at the Supreme …

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Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Although women of color experience high rates of harassment and assault, the #MeToo movement has largely left them on the margins in terms of (1) the online conversation, (2) the traditional social movement activity occurring offline, and (3) the consequential legal activity. This Article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework and, …

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Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety

Nevada Law Journal

No abstract provided.

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The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields

Nevada Law Journal

No abstract provided.

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Foreword, Patricia E. Roberts

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

Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.

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House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo

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

A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …

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Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

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

Abstract forthcoming.

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Bargaining Without Bias, Cynthia Alkon

Faculty Scholarship

In this article, to work towards decreasing bias in plea bargaining, I propose a structural fix and an individual fix to these core problems. The structural fix is that prosecutors' offices should adopt policies for blind assessment of cases when the first plea offer is made. All indicia of race or ethnicity (including names and neighborhoods) should be removed when prosecutors review a case and make the initial plea offer. This would help prosecutors focus on the facts and their evidence when making a plea offer and prevent bias in decision making. However, it is not realistic to expect that …

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Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with …

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Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel

University of Michigan Journal of Law Reform

Fines and fees that result from contact with the criminal legal system serve as a suffocating debt for those against whom they are assessed. Many states have countless laws that require taxes, fines, and fees to be assessed against individuals involved in the criminal legal system at various stages of the criminal legal process, and they have the effect of permanently trapping individuals within the system. In Tennessee, for example, these debts, which can accumulate to over $10,000 in a single criminal case, stand in the way of individuals getting their criminal records expunged, keeping valid driver’s licenses, and restoring …

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#Blacklivesmatter—Getting From Contemporary Social Movements To Structural Change, Jamillah Bowman Williams, Naomi Mezey, Lisa O. Singh

Georgetown Law Faculty Publications and Other Works

From the haters and hackers to propaganda and privacy concerns, social media often deserves its bad reputation. But the sustained activism that followed George Floyd’s death and the ongoing movement for racial justice also demonstrated how social media can be a crucial mechanism of social change. We saw how online and on-the-ground activism can fuel each other and build momentum in ways neither can achieve in isolation. We have seen in the Black Lives Matter (BLM) movement, and more specifically the hashtag #BlackLivesMatter, a new and powerful approach to using social media that goes beyond symbolic “slacktivism” and performative allyship …

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Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang

Faculty Scholarship

A transgender person faces obstacles trying to negotiate a gender-binary world. Going through a TSA checkpoint is no different. A substantial number of transgender persons have reported that they were detained and examined because they were transgender.1 Why this situation persists and what policy reforms should be implemented to alleviate it are the subjects of this Essay. This Essay is devoted mainly to the theme of transgender rights, rather than race, a central theme of the symposium in which this Essay appears. Given the relatively small pool of transgender individuals for whom data is available, this Essay is unable to …

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How To Talk About Racism, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In a commentary, SMU Assistant Professor of Law Benjamin Joshua Ong wrote that recent debates about race and race relations have reminded him that using a single word to describe something can lead to quibbles over the precise definition, while discussion of the thing itself is neglected. He believes that in addressing important questions related to race, we should not reduce the potentially rich discussion to a simplistic argument over whether the incidents are "racist" or not, but should keep an open mind when having difficult conversations.

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Territorial Exceptionalism And The Americanwelfare State, Andrew Hammond

Michigan Law Review

Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the U.S. Virgin Islands, that person loses their right to federal aid. Similarly with SNAP (food stamps), federal spending rises with increased demand—whether because of a recession, a pandemic, or a climate disaster. But unlike the rest of the United States, Puerto Rico, the Northern Mariana Islands, …

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Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker

Michigan Law Review

Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of …

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Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent

Michigan Law Review

The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I …

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The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne

Master's Theses

In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …

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Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez

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

Abstract forthcoming.

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The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez

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

Abstract forthcoming.

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Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

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Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

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Systemic Racism In The United States, Ari Emilia Short

Libraries

This bibliography contains an annotated selection of articles and studies related to systemic racism in the United States of America, covering 21st-century racial inequities in criminal justice, housing, employment, voting, education, and healthcare. Given the contentious nature of this topic - whether and to what extent systemic racism exists in the United States - sources were selected for relative neutrality, authority, and quality of methodologies used. This piece is intended to assist leaders, educators, activists, and any who wish to become better informed about this topic, develop empathy toward impacted groups, and prepare to address institutional concerns related to diversity, …

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Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

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Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley

University of Miami Race & Social Justice Law Review

On March 2020, the United States declared a pandemic due to the global Covid-19 virus. Across the nation and within a matter of days, workplaces, schools, childcare, and eldercare facilities shuttered. People retreated to their homes to shelter-in-place and slow the spread of the virus for what would become a much longer time than most initially anticipated. Now, more than a year into the pandemic, many professional and personal lives have been upended and become inextricably intertwined. Work is now home, and home is now work. Work is completed at all times of day and well into the night. Children …

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Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco

University of Miami Race & Social Justice Law Review

No abstract provided.

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Border Solutions From The Inside, Raquel E. Aldana

University of Miami Race & Social Justice Law Review

No abstract provided.

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Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia

University of Miami Race & Social Justice Law Review

This article focuses on disability law in the context of COVID-19. In dealing with this pandemic, businesses, schools and other covered entities have to navigate and manage (at least) three different categories of people congregating. First are those who act as if there were no pandemic at all; they simply do not care if they are contagious and insist upon not complying with safety precautions, such as mask-wearing and social distancing; second are people who have medical conditions that make them especially vulnerable and at high-risk for severe symptoms associated with the infection; third are people who have already contracted …

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Full-Text Articles in Law and Race

An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White

Nevada Law Journal

American Punishment And Pandemic, Danielle C. Jefferis

Nevada Law Journal

Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

Turning The Tables On Rds: Racially Revealing Questions Asked By White Judges, Constance Backhouse

Dalhousie Law Journal

Maximizing #Metoo: Intersectionality & The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety

Nevada Law Journal

The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields

Nevada Law Journal

Foreword, Patricia E. Roberts

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

House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo

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

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

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

Bargaining Without Bias, Cynthia Alkon

Faculty Scholarship

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel

University of Michigan Journal of Law Reform

#Blacklivesmatter—Getting From Contemporary Social Movements To Structural Change, Jamillah Bowman Williams, Naomi Mezey, Lisa O. Singh

Georgetown Law Faculty Publications and Other Works

Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang

Faculty Scholarship

How To Talk About Racism, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Territorial Exceptionalism And The Americanwelfare State, Andrew Hammond

Michigan Law Review

Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker

Michigan Law Review

Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent

Michigan Law Review

The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne

Master's Theses

Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez

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

The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez

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

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

Systemic Racism In The United States, Ari Emilia Short

Libraries

Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden

Life of the Law School (1993- )

Covid-19 And The Caregiving Crisis: The Rights Of Our Nation’S Social Safety Net And A Doorway To Reform, Leanne Fuith, Susan Trombley

University of Miami Race & Social Justice Law Review

Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco

University of Miami Race & Social Justice Law Review

Border Solutions From The Inside, Raquel E. Aldana

University of Miami Race & Social Justice Law Review

Covid-19, Lying, Mask-Less Exposures And Disability During A Pandemic, Madeleine M. Plasencia

University of Miami Race & Social Justice Law Review