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Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter Jan 2021

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Articles

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel Jun 2018

Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel

Michigan Journal of Race and Law

Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the ...


Confronting Race And Collateral Consequences In Public Housing, Ann Cammett Jul 2016

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 ...


The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller May 2016

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 ...


Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge Jan 2016

Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge

Brooklyn Journal of International Law

Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a ...


Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity Apr 2015

Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity

Journal of Race, Gender, and Ethnicity

No abstract provided.


U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek Mar 2015

U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek

Alev Dudek

In spite of the steady decline in violent crimes, law enforcement in the U.S.A. is becoming significantly more violent. Compared to other developed countries, such as Germany or Great Britain, disproportionately more arrest-related deaths occur in the U.S. Additionally, in the treatment of suspects, a racial disparity is evident; disproportionately more black males get killed by white police officers. Political exploitation of “crime” and militarization of law enforcement are factors that contribute to the status-quo and may explain why most arrest-related killings by the police are not a result of attempting to disrupt crime, but in defense ...


"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood Jan 2015

"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood

Washington University Global Studies Law Review

Colorism, a term believed to be first coined in 1982 by Pulitzer Prize winner Alice Walker, was defined by her to mean the “prejudicial or preferential treatment of same-race people based solely on their color.” It is not racism although there is a clear relationship. A clear example of racism would involve a business that refuses to hire black people. Colorism would not preclude the hiring of a black person, but there would be a preference for a black person with a lighter skin tone than a darker skinned person. From this example one can see too that colorism can ...


To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani Jan 2015

To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani

Washington University Global Studies Law Review

People often use race and color terminology interchangeably in common parlance. Within the United States, color terminology often dominates racial discourse due to common use of color-based racial designations such as “Black” and “White.” Color is thus often used as a synonym for race, but while the two do overlap, color is also distinct from race as colorism is from racism.

The relationship between race and color is complex: the two are intertwined, and it can be difficult to tease apart. However, one group that illuminates the distinction between the two is South Asian Americans—peoples in the United States ...


Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves Jan 2015

Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves

Washington University Global Studies Law Review

Color is an important but underdeveloped designation in international law. Color is identified as a protected category in several human rights documents, but despite its status as a protected category, there is no definition of color in these human rights documents. It is generally recognized, however, that color references skin color. In the absence of an established definition, race is often used as a proxy for color. Yet, there is growing skepticism within the human rights community about the legitimacy of using racial categories to distinguish human beings. While race and color are often used interchangeably, it is important to ...


“Color” In The Non-Discrimination Provisions Of The Universal Declaration Of Human Rights And The Two Covenants, Stephanie Farrior Jan 2015

“Color” In The Non-Discrimination Provisions Of The Universal Declaration Of Human Rights And The Two Covenants, Stephanie Farrior

Washington University Global Studies Law Review

The United Nations Charter declares in its opening article that one of the purposes of the United Nations is to promote respect for human rights “without distinction as to” any of four grounds: race, sex, language, or religion. The Universal Declaration of Human Rights (“UDHR”), adopted three years later, expands the list of prohibited grounds of discrimination and proclaims that everyone is entitled to human rights “without distinction of any kind, such as” the following: “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Numerous international and regional human rights treaties ...


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware Sep 2014

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


An Analysis Of The Right To Education In Hurley And Moore V. Secretary Of State For Business, Innovation & Skills And Its Application In The United States, Emma Melton Jan 2014

An Analysis Of The Right To Education In Hurley And Moore V. Secretary Of State For Business, Innovation & Skills And Its Application In The United States, Emma Melton

Washington University Global Studies Law Review

In the past seventy years, the idea of education as a fundamental right has spread in democratic countries throughout the world. Multiple constitutions and international treaties have codified an inalienable right to education provided by the government. Recent litigation has highlighted a possibility that high tuition rates for universities may effectively serve as barriers to accessing higher learning and infringe upon this fundamental right to education.

This Note will address a 2011 case in the United Kingdom, Hurley and Moore v. Secretary of State for Business, Innovation & Skills, which recognized the harm of increasing higher education tuition fees to low-income ...


Race Discrimination And Human Rights Class Actions: The Virtual Exclusion Of Racial Minorities From The Class Action Device, George A. Martinez Jan 2007

Race Discrimination And Human Rights Class Actions: The Virtual Exclusion Of Racial Minorities From The Class Action Device, George A. Martinez

Faculty Journal Articles and Book Chapters

In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded from using the class action device to bring civil rights claims.

This paper argues that courts are very tough in how they handle class certification decisions in race discrimination class actions. On the other hand, the courts are quite lenient in how they handle class certification decisions in human ...


Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow Mar 2003

Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow

Michigan Law Review

Two familiar arguments oppose lawsuits and legislative efforts to address racial injustices from our national past, and a third tacit argument can be discerned. "Why open old wounds?": this question animates the first argument. The evidence is stale - this expresses the second argument. The third, less explicit objection reflects worries that exposing some gross and unremedied racial injustices from the past will reveal the scale of imperfections in the systems of justice and government and thereby undermine the legitimacy of those systems. To introduce the meticulous and passionate essays in this Colloquium, I elaborate and respond to each of these ...


Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye Jan 1999

Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye

Michigan Journal of International Law

The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.


Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz Jan 1985

Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz

Michigan Journal of International Law

Part I of this note briefly describes the effect of apartheid on human rights in South Africa. It then examines how liberal South African attorneys use procedural due process, as defined by the rule of law, to counter these effects. Part II discusses the methods used by foreign attorneys to support South African human rights lawyers. In particular, this section focuses on the activities of the International Commission of Jurists and the Lawyers' Committee for Civil Rights Under Law. The note concludes that infusing fair process into the South African legal order is the most significant contribution foreign lawyers can ...


Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review Feb 1984

Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review

Michigan Law Review

A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons


The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen Jan 1975

The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.