Law and Race Commons^™

Newsroom: Horwitz On Marijuana Legalization 7/15/2016, John S. Kiernan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

How We Move Beyond Dallas, Spencer Overton, Kami Chavis

Popular Media

Calls for healing and reconciliation in the wake of recent racial violence overlook the substantive, concrete steps that experts say would help forestall the next police tragedy.

Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky

Law School Blogs

No abstract provided.

Newsroom: Seeking A Balance: Judicial Diversity In Ri 7/7/2016, Michael M. Bowden, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Fourth Sector: Creating A For-Profit Social Enterprise Sector To Directly Combat The Lack Of Social Mobility In Marginalized Communities, Carlos Jurado

UC Law Journal of Race and Economic Justice

The United States is currently facing record high rates of income inequality and, as a result, there is a general lack of social mobility. This is troublesome for Americans because of the potential disastrous implications for the United States economy. The current state of the American market has enabled an environment where a few elite continue to hoard large amounts of the profits generated by the economy while the lower class has experienced a substantial growth in population with incomparable economic growth. In addition, the middle class has significantly diminished and can soon be rendered ineffective in its role as …

Niños, Niñas Y Adolescentes In Guatemala: Reflections On The Implementation Of The Ley Pina, Stacy Kowalski

UC Law Journal of Race and Economic Justice

This Note examines Guatemala’s Ley de Protección Integral de la Niñez y Adolescencia (Law for the Comprehensive Protection of Children and Adolescents, or Ley PINA) and analyzes why this law has not effectively protected the rights of children and adolescents, within the context of historical and structural violence, which contribute to a lack of prioritization of youth in Guatemala. In 2014, the United States experienced a large influx of unaccompanied minors fleeing primarily from Guatemala, Honduras, and El Salvador. A delegate of attorneys and law students traveled to Guatemala to interview child advocates, including government officials, and representatives of non-governmental …

Killing Two Achievements With One Stone: The Intersectional Impact Of Shelby County On The Rights To Vote And Access High Performing Schools, Steven L. Nelson

UC Law Journal of Race and Economic Justice

The Civil Rights Movement sought to ensure access to the right to vote and to quality education. Although these two pursuits are historically inseparable, scholars have addressed education and voting rights as separate struggles within one movement. This Article addresses the intersection of educational equity and voting rights by assessing the role of the Supreme Court’s decision in Shelby County v. Holder on Black voters’ ability to participate in the politics of education and educational policy via school board selection processes. This Article argues that the Court’s decision in Shelby County restricted access to political participation for Black voters in …

Fortitude In The Face Of Adversity: Delta Sigma Theta’S History Of Racial Uplift, Gregory S. Parks, Marcia Hernandez

UC Law Journal of Race and Economic Justice

The common narrative about the African-American quest for social justice and civil rights during the 20th century consists, largely, of men and women working through

organizations to bring about change. The typical list of organizations includes, inter alia, the National Association for the Advancement of Colored People, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee. African- American collegiate-based sororities are almost never included in this list. Nevertheless, at the turn of the 20th century, a small group of organizations founded on personal excellence sparked the development and sustaining of fictive-kinship ties and racial …

On Empathy, Ronald E. Wheeler

Faculty Scholarship

Professor Wheeler discusses the deadly mass shooting of June 12, 2016, in Orlando, Florida, and his belief that more empathy is needed in the world. Wheeler then relates, through personal anecdotes, his own journey toward empathy. He concedes that there is no recipe for empathy, but believes that sharing personal stories can spur conversation, thinking, and collective action.

Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Mismatch And Science Desistance: Failed Arguments Against Affirmative Action, Richard O. Lempert

Articles

When I attended Michigan Law School in 1966, as a 2L Harvard transfer, there was only one, or perhaps two, African Americans in a student body of about 1100 students, and if there were any students of Latino heritage their presence went unnoticed. When I began teaching at Michigan in the fall of 1968, the situation had begun to change. There were eight or nine African American students in the first year class, the first cohort to be admitted under a newly approved racially sensitive affirmative action program. Since then, Michigan has graduated more than 1500 minority students, most of …

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.

Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl

Genocide Studies and Prevention: An International Journal

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

University of Miami Business Law Review

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.

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.

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.

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

University of Miami Business Law Review

No abstract provided.

"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 Supreme Court Didn't Fix Racist Jury Selection, Kami Chavis

Popular Media

No abstract provided.

From The Desire To Mark Essex: The Catalysts Of Militarization For The New Orleans Police Department, Derrick W.A. Martin

LSU New Orleans Theses and Dissertations

Abstract

The ultimate goal in the South was to end segregation, but nationwide equal-rights were the common goal of all African-Americans. Nonviolent protests and over aggressive police departments became the norm within the African-American community. Understated in the history of the Civil Rights Era is the role of armed resistance and Black Nationalism. Marcus Garvey, Stokely Carmichael, Huey P. Newton, and Malcolm X were Black Nationalists that led the charge of Black Nationalism worldwide. The Deacons of Defense, the Lowndes County Freedom Organization (LCFO) and the Black Panther Party for Self Defense transformed the social makeup of the country and …

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 …

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 …

Slave Contracts And The Thirteenth Amendment, John C. Williams

Seattle University Law Review

The Thirteenth Amendment—the commandment that “neither slavery nor involuntary servitude . . . shall exist within the United States”— did not truly eradicate incidents of slavery. This is hardly a controversial point. The postwar emergence of the Black Codes—laws meant to confine African Americans’ ability to rent, travel, and live as free humans would expect to—ensured that slavery’s conditions continued unabated. The Amendment itself permits slavery to exist “as a punishment for crime whereof the party shall have been duly convicted.” Still, did the Thirteenth Amendment not abolish the most fundamental characteristic of chattel slavery—the ability to trade in and …

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 …

Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.

Seattle University Law Review

The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth Amendment applies to …

Police And Gangs: Undergraduates’ Perceptions Of The Similarities And Differences, Seroyah Williams

Honors College Theses

Police have been said to be the largest gang in America with badges. With recent events occurring throughout the United States, including police shootings of unarmed citizens, some may say that the police have shown various characteristics similar to those of gangs. Does the public also view officers, in general, in the same perspective? Surveys were administered to a large class of Georgia Southern University students to acquire their perceptions of both the police and gangs. Each student listed characteristics of the police and gangs, their opinion, and different ways those perceptions have been formed. The data collected revealed more …

Foreword: Innocent Until Proven Poor, Sara Zampierin

Michigan Journal of Race and Law

One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.

Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty

Michigan Journal of Race and Law

The subject of my talk today is how the criminalization of poverty has become normalized in American culture and why you should care.