Law and Race Commons^™

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.

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.

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.

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, …

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

Life of the Law School (1993- )

No abstract provided.

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 …

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.

Border Solutions From The Inside, Raquel E. Aldana

University of Miami Race & Social Justice Law Review

No abstract provided.

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 …

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

How International Law Can Save The African Elephant, Jacob Templer

University of Miami Race & Social Justice Law Review

No abstract provided.

An Examination Of Oppression Via Anti-Abortion Legislation, Saphronia P. Carson

The Pegasus Review: UCF Undergraduate Research Journal

Significant disparities in reproductive health care access and outcomes exist along race, ethnicity, and income lines. One of the starkest examples of this is the dramatic reduction in abortion access over the past 45 years that disproportionately affects minority and low-income women. While existing literature has exposed these disparities and potential reasons for them, there is less attention to the ways reduced access to reproductive health care, specifically abortion, can coerce, exploit, and systematically oppress women of color and low-income women. This research uses a reproductive justice framework to discuss the impact of anti-abortion legislation and the anti-abortion movement on …

Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips

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

This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …

More Than Hungry: How Political Narratives Built & Maintain Hunger In The United States, A. Camille Karabaich

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

This Note aims to examine the role of the legal system in creating and maintaining hunger in the United States. Through this lens, the Note discusses the shift necessary to support specific legal interventions to end hunger. This Note begins by discussing how hunger was built in the United States through policies regarding land, housing, incarceration, and food, and the narratives that allowed these policies to flourish. These policies created hunger by creating pockets of poverty and disempowerment. Although many individuals and organizations donate their time, money, and energy to support local food banks, soup kitchens, and free school meal …

Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah

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

This Note will first discuss the presence of Ethiopian Jews in Israel, and then compare their stature and rights (or lack thereof) to another insular group in Israel—Arab Palestinians. Finally, this Note will discuss possible solutions and remedies to these fatal police shootings. Considering that the possibility of criminal liability for officers is low, this Note will argue that both civil remedies and additional training for police are necessary to avert future shootings of Ethiopian Jews.

The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman

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

The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court’s decision in the Civil Rights Cases regarding the scope of section 1 of the Amendment and it offers a holistic or structural interpretation of the Amendment to include an equal protection component and a lesser standard of review than strict scrutiny. Essentially, the Thirteenth Amendment, if properly used, could become a public …

Race And Social Class As Factors Associated With Sentence Disparities: A Survey Of Potential Jurors, Amanda Rickett

Honors Theses

Prior research has found that bias, along with other extralegal factors, leads to the sentencing disparities in the criminal justice system throughout the United States. The criminal justice system has implemented reforms to address these disparities. Furthering research on this issue, I analyze previous studies that tried to determine the effects of bias on the decisions made by judges and juries. Most importantly, the present study aimed to determine the effects of race and socioeconomic class of the defendant on the decisions on potential jurors using a vignette based survey with randomized assignment. The results suggest that the potential jurors’ …

The Soft-Shoe And Shuffle Of Law School Hiring Committee Practices, Carliss N. Chatman, Najarian R. Peters

Scholarly Articles

It is in the spirit of Ida B. Wells that we seek to turn the light upon the systemic racism of hiring practices. We believe these practices are indicators of the systemic failures on campuses and in workplaces that prevent them from being antiracist. We seek to use this Essay as a “tool for exposing, analyzing, and challenging the majoritarian stories of racial privilege.”

Our specifc intention is to recognize the largely performative nature of claiming to be committed to an idea while substantively and concretely ensuring the opposite. This Essay is written with specific experiences, patterns, and practices in …

Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Police Brutality: Macroeconomic Effects In The United States, Nya Bryant, Kate Perry

Honors College Theses

How does racial discrimination negatively impact citizens in the US regardless of racial identity? There have been many deaths that have resulted from law enforcement interaction with Black citizens, such as George Floyd and Sandra Bland among countless others, and each of these deaths have negatively impacted the overall community in which they happened. Events such as these have caused many protests and movements to be sparked such as the Black Lives Matter movement and have resulted in an uprising of citizens demanding change, yet not all citizens recognize how police brutality incidents impact their own lives. In this project, …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Cash Back: A Yellowhead Institute Red Paper, Shiri Pasternak, Naiomi Metallic, Yumi Numata, Anita Sekharan, Jasmyn Galley, Samuel Wong

Reports & Public Policy Documents

Picking up from Land Back, the first Red Paper by Yellowhead about the project of land reclamation, Cash Back looks at how the dispossession of Indigenous lands created a dependency on the state due to the loss of economic livelihood. Cash Back is about restitution from the perspective of stolen wealth.

From Canada’s perspective, the value of Indigenous lands rests on what can be extracted and commodified. The economy has been built on the transformation of Indigenous lands and waterways into corporate profit and national power. In place of their riches in territory, Canada set up for First Nations a …

Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran

Faculty Scholarship

Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I explore patterns of racial and ethnic segregation in America’s schools and evaluate how those patterns relate to additional challenges based on socioeconomic isolation. In addition, I consider the role of language and immigration status in shaping …

Redliking: When Redlining Goes Online, Allyson E. Gold

William & Mary Law Review

Airbnb’s structure, design, and algorithm create a website architecture that allows user discrimination to prevent minority hosts from realizing the same economic benefits from short-term rental platforms as White hosts, a phenomenon this Article refers to as “redliking.” For hosts with an unused home, a spare room, or an extra couch, Airbnb provides an opportunity to create new income streams and increase wealth. Airbnb encourages prospective guests to view host photographs, names, and personal information when considering potential accommodations, thereby inviting bias, both implicit and overt, to permeate transactions. This bias has financial consequences. Empirical research on host earning rates …

Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison

St. Mary's Law Journal

Abstract forthcoming.

Profiling Beyond Race: Characteristics Associated With Traffic Stop Outcomes, Megan Anderson

Electronic Theses and Dissertations

Research related to profiling and the outcome of traffic stops has generally focused on the race of the individuals involved. Little research has examined other characteristics, such as age and socioeconomic status, that may also play a role in traffic stop outcomes. The current study sought to address this limitation in two ways: (1) determine whether the characteristics of age, sex, race, social class, and demeanor are profiled during traffic stops and (2) whether these characteristics influenced the outcome of the traffic stops with regard to tickets and vehicle searches. Secondary data were utilized from the 2015 Police-Public Contact Survey. …

Seeing Color: America's Judicial System, Elizabeth Poulin

Senior Honors Projects

In many eyes, it often seems as though being white in America is easy, or a privilege. Being white in America is considered a safety blanket, with an abundance of opportunities beneath it. Yet, how does a physical difference such as skin color manifest itself as privilege? Noticing color is not wrong, hateful, or oppressive. Even children notice color, and we define them as the ultimate innocence. But in fact, skin color is often a trigger. When the world has preconceived notions about people of color, an oppressive system designed to harm people who have never done anything to deserve …

Intersectionality And Accessibility To Social Services, Nora Khuder

Thinking Matters Symposium

In times of a crisis the intersectionality of sex, class, and ability creates a vulnerable population. Many available “resources'' are exhausted, due to high demand. Intersectionality signifies the impact of multiple intersecting identities in society as a direct correlation to the specific and unique barriers of marginalized groups. Resources are currently limited due to the lack of representative data. Although many studies have been conducted, many researchers have failed to capture the need of social services in rural areas.

2021 Judge Horace J. Johnson, Jr. Lecture On Race, Law And Policy With Stephen Carter, Stephen Carter

Judge Horace J. Johnson Lecture

Yale Law School's Cromwell Professor Stephen Carter served as the inaugural Judge Horace J. Johnson, Jr. Lecturer on Race, Law and Policy

Carter is the William Nelson Cromwell Professor of Law at Yale Law School, where he has been a member of the faculty since 1982. He is the author of 15 books, as well as six novels, including The Emperor of Ocean Park, which spent 11 weeks on The New York Times bestseller list, and The Impeachment of Abraham Lincoln, a fictional account of a trial of Lincoln in the Senate for high crimes and misdemeanors. Carter …