Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Law and Race

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 588

Full-Text Articles in Social and Behavioral Sciences

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou May 2024

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …


Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson May 2024

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson

Honors College Theses

Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …


Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie Apr 2024

Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie

Class, Race and Corporate Power

A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.

Focusing on the Act, this review examines whether or how race within the …


Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez Jan 2024

Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez

Journal of Critical Race and Ethnic Studies

No abstract provided.


Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol Jan 2024

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

Journal of Critical Race and Ethnic Studies

No abstract provided.


Redistributing Justice, Benjamin Levin, Kate Levine Jan 2024

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …


Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris Jan 2024

Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris

Articles

During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …


Looted Cultural Objects, Elena Baylis Jan 2024

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …


Depaul Digest Oct 2023

Depaul Digest

DePaul Magazine

College of Education Professor Jason Goulah fosters hope, happiness and global citizenship through DePaul’s Institute for Daisaku Ikeda Studies in Education. Associate Journalism Professor Jill Hopke shares how to talk about climate change. News briefs from DePaul’s 10 colleges and schools: Occupational Therapy Standardized Patient Program, Financial Planning Certificate program, Business Education in Technology and Analytics Hub, Racial Justice Initiative, Teacher Quality Partnership grant, Intimate Partner Violence and Brain Injury collaboration, School of Music Career Closet, Sports Photojournalism course, DePaul Migration Collaborative’s Solutions Lab, Inclusive Screenwriting courses. New appointments: School of Music Dean John Milbauer, College of Education Dean Jennifer …


"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo Aug 2023

"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo

Doctoral Dissertations

“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …


Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller Aug 2023

Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller

Communication ETDs

Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …


The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan Jun 2023

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …


Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis May 2023

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …


Criminal Injustice: An Examination Of Racial Profiling And Discriminatory Police Practices In Canada And The United States, Patricia Advincula May 2023

Criminal Injustice: An Examination Of Racial Profiling And Discriminatory Police Practices In Canada And The United States, Patricia Advincula

Themis: Research Journal of Justice Studies and Forensic Science

The Black Lives Matter movement swept across the United States after the murders of black people at the hands of law enforcement. Not fully acknowledged in the media are the police brutality cases that have also occurred in Canada, a country that prides itself on tolerance, acceptance, and diversity. Police brutality is an unfortunate reality that stems from racial profiling, one of the many symptoms of historically oppressive institutions. In this paper, I will examine police coercion and racial profiling in Canada and the United States. This paper will employ a theoretical framework of conflict theory and minority threat hypothesis …


Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke May 2023

Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke

Major Papers

Media scholars Nick Couldry and Ulises Mejias (2019) define digital colonialism as the “term for the extension of a global process of extraction that started under colonialism and continues through industrial capitalism, culminating in today's new form: instead of natural resources in labor, what is now being appropriated is human life through its conversion into data” (p. 22). This research will critically analyze the Canadian government’s ill-received Bill C-11: the Amended Consumer Privacy Protection Act by using digital colonialism as a conceptual framework to reveal the Bill’s essential limitations. It will consist of two sections: 1) an in-depth exploration of …


Drug Ideologies Of The United States, Macy Montgomery May 2023

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …


Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez May 2023

Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez

Theses & Dissertations

The Senior Executive Service (SES) is the highest tier of executive management and leadership in the federal government. The Latino/a population has significantly increased in the past three decades with no corresponding increase in the federal workforce and the number of Latinos/as serving in the SES remains low. As Latinos/as in the SES are largely underrepresented, their ability to influence federal policies is significantly undermined. The purpose of this study is to explore the testimonios (testimonies) of Latinas in the SES to better understand their experiences while navigating entry into the SES and maintaining their respective positions.

This study used …


Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey May 2023

Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey

Political Science Undergraduate Honors Theses

The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.


The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce May 2023

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …


The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi Apr 2023

The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

This Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple …


Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi Apr 2023

Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Sikhism is the fifth largest religion in the world, with approximately thirty million followers of the faith worldwide. It is a monotheistic faith that teaches honesty, compassion, humility, universal equity, and respect for all religions. Since the 1984 genocide of Sikhs in India, many followers of the faith have immigrated to Western countries in hopes of “the American dream” and the prospect of freely practicing their faith. But as a devastating response to the tragedy of 9/11, members of the Sikh community living in the United States have become victims of hate crimes, workplace discrimination, school bullying, and …


Racial Bias And Death Penalty Cases: A Soar Analysis Of Post-Conviction, Ashley Mcilvaine Apr 2023

Racial Bias And Death Penalty Cases: A Soar Analysis Of Post-Conviction, Ashley Mcilvaine

Senior Capstone Papers

Racial discrimination is a far-reaching issue that adversely impacts individuals, groups, and communities across multiple domains. It is defined by the Equality and Human Rights Commission as being treated differently because of one’s race. For decades, discriminatory policies have been codified into institutional processes which disadvantage people of color. This is particularly evident in the criminal justice system. Examples of practices that disproportionately impact intentionally marginalized populations include issues of excess force and police brutality, sentencing disparities for minor offenses or drug charges, and state sanctioned capital punishment. While these forms of discrimination are often labeled as explicit and overt …


Sticky Situations: Understanding The Law And Life, Krystal Banks Mar 2023

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.


Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Feb 2023

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud Jan 2023

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …


Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson Jan 2023

Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson

Faculty Articles

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s substantive due process doctrine had established that the analysis in such cases would involve multiple points of inquiry, such as tradition, contemporary practices, and …


Muslim Prisoner Litigation: An Unsung American Tradition (Introduction), Spearit Jan 2023

Muslim Prisoner Litigation: An Unsung American Tradition (Introduction), Spearit

Book Chapters

For most Americans, “prison jihad” may sound frightening and conjure images of religious militants, bearded, turbaned, and under the spell of foreign radical networks…. While this may be the immediate impression, there is nothing like that happening in American prisons. However, there has been a different type of jihad taking place, one that is real and identifiable. This is not the sensational jihad of headline media; rather, this jihad is uneventful and quiet by comparison and has persisted since the 1960s with hardly any public notice.

Despite little attention and recognition, Muslims in prison occupy a unique spot in the …


Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim Jan 2023

Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim

Faculty Scholarship

Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …


Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury Jan 2023

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …


Integrating Feminist Approaches In Counseling Work With Adult Women, Kristen M. Toole Jan 2023

Integrating Feminist Approaches In Counseling Work With Adult Women, Kristen M. Toole

Adultspan Journal

The scope of ‘women’s issues’ in counseling is an ever-evolving landscape. Recent events such as the reversal of Roe v. Wade and the disproportionate impact of COVID-19 on women serve as powerful reminders of the necessity of this focus while underscoring a deep-rooted history of oppressive patriarchal structures. Therefore, counselors must remain informed of the unique considerations surrounding adult women in counseling and acquire proficiency in versatile techniques to meet this population’s nuanced needs. This article examines the complexity of contemporary womanhood and explores the fundamentals of Feminist Counseling Theory (FCT), a holistic, multiculturally conscious, social justice theory in counseling. …