Social and Behavioral Sciences Commons^™

Surveillance Normalization, Christian Sundquist

Articles

Since the start of the COVID-19 pandemic, the government has expanded public surveillance measures in an attempt to combat the spread of the virus. As the pandemic wears on, racialized communities and other marginalized groups are disproportionately affected by this increased level of surveillance. This article argues that increases in public surveillance as a result of the COVID-19 pandemic give rise to the normalization of surveillance in day-to-day life, with serious consequences for racialized communities and other marginalized groups. This article explores the legal and regulatory effects of surveillance normalization, as well as how to protect civil rights and liberties …

Reframing Hate, Lu-In Wang

Articles

The concept and naming of “hate crime,” and the adoption of special laws to address it, provoked controversy and raised fundamental questions when they were introduced in the 1980s. In the decades since, neither hate crime itself nor those hotly debated questions have abated. To the contrary, hate crime has increased in recent years—although the prominent target groups have shifted over time—and the debate over hate crime laws has reignited as well. The still-open questions range from the philosophical to the doctrinal to the pragmatic: What justifies the enhanced punishment that hate crime laws impose based on the perpetrator’s motivation? …

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

Racial Disparity On Holding Penalties In The Nfl, Alex Dayley, Katelyn Williams, Terrance Bankhead, Cameron Wood

Fall Student Research Symposium 2021

Numerous studies have identified and analyzed the existence and impact of racial discrimination on different aspects of United States culture, including the criminal justice system and professional sporting associations. For example, in the criminal justice system, research has found that minorities are more likely to experience a search of their vehicle during a traffic stop especially if the police officer is of a different race than the motorist. This analysis of racial bias can be applied to professional sporting associations, where split-second decisions are made which allows for the possibility of racial discrimination. In the NBA, research has found that …

Racial Discrimination Of Gay Men In Online Dating, Abel P. Morais Jr.

Kean Quest

In hopes of promoting understanding of the supposedly welcoming gay community, the racial gap for power within the community must be brought to light. By understanding sexual racism, fetishization, and the dynamics within a gay relationship, a major problem arises that shows a trend in the dominance of white mine within the society. The online gay dating scene is an area that is underrepresented in the field of research, as is any study of sexuality and sexual orientation. In this research, racism is analyzed by comparing the experience gay men of color have in the dating scene with the added …

Child Life Specialists' Knowledge And Perception Of White Privilege, Renee Elise Jamar Lee

MSU Graduate Theses

This study’s goal was to understand child life specialists’ knowledge and perception of White privilege. The purpose of this study was to examine child life specialists’ understanding of White privilege and to obtain their perspectives on the impact White privilege has on patient- and family-centered care within the hospital setting. Through qualitative interviews, participants defined “White privilege,” shared their perception of “White privilege” and the impact it has on patient- and family-centered care, as well their personal experience with diversity and inclusion training. Additionally, participants created their own personal lists of unearned advantages as an exercise of awareness and acknowledgement …

The Effects Of Racial Discrimination On Black, Indigenous, And People Of Color (Bipoc) Students’ Mental Health, Alana M. Hall Ms.

Honors College Theses

Racial discrimination and its relationship with mental health outcomes in BIPOC students, specifically psychological distress, the focus of this study. This was deemed important because these students may have responded by using certain coping strategies that could be harmful to their mental health and overall health, in the long term. It is already known that racism has been a problem in the world, but has morphed over the years to that of subtle, and often more harmful, forms of racism (e.g. microaggressions). The goal of this study was to examine the discriminatory experiences of BIPOC students at a predominantly white …

Insulated Blackness: The Cause For Fracture In Black Political Identity, Timothy E. Lewis, Sherice J. Nelson

SIUE Faculty Research, Scholarship, and Creative Activity

The Black Political Identity is often treated as a monolith in American politics, with interest groups and political parties employing blanket policy solutions to appease and engage African Americans. However, observations and scholarship show that Black Americans are not monolithic, possessing divergent views about social policies, so much so that some Black Americans can hold political positions that are oppositional to collective Black advancement. Therefore, this work theorizes the concept of insulated Blackness – the extent to which self-identified African Americans oppose pro-Black remedial policies and/or disagree with commonly held ideologies about the Black condition, as a result of an …

Exploring The Effects Of Colorism On Relationship Quality, Kara Burns

Theses and Dissertations--Family Sciences

Many scholars have suggested that the division of enslaved Black people based on skin tone was one of the biggest factors that influence current intraracial tension and biases, referred to as colorism. The present study examined how colorism can affect romantic relationships through aspects of colorism, skin tone satisfaction, social comparison, racial awareness, and couples satisfaction. The present study used individual data from 46 middle income Black individuals residing in the South, who self-reported on colorism, racial identity, and relationship quality via online survey. Correlations between the key variables were examined. Correlations between colorism and skin tone satisfaction, a negative …

Pandemic Surveillance Discrimination, Christian Sundquist

Articles

The COVID-19 pandemic has laid bare the abiding tension between surveillance and privacy. Public health epidemiology has long utilized a variety of surveillance methods—such as contact tracing, quarantines, and mandatory reporting laws—to control the spread of disease during past epidemics and pandemics. Officials have typically justified the resulting intrusions on privacy as necessary for the greater public good by helping to stave off larger health crisis. The nature and scope of public health surveillance in the battle against COVID-19, however, has significantly changed with the advent of new technologies. Digital surveillance tools, often embedded in wearable technology, have greatly increased …

Race-Related Stress, Resiliency, And Relationship Quality In Black Couples, Melinda Murdock

Theses and Dissertations--Family Sciences

Scholars have historically explained Black marriage patterns of instability and dissolution based on White middle-class models that ignore cultural factors and maintain a narrative of dysfunction. The current study examines resilience in Black couples by exploring mediation effects of attribution and dyadic coping processes on race-related stress and relationship quality. The present study used individual data from 131 middle-income Black couples residing in the South, who self-reported on stress, coping, and relationship quality via online survey. Dyadic Coping was predicted to mediate the relationship between Race-related Stress, Attribution, and Relationship quality. Results indicated that individuals who experienced greater stress from …

Race And Public Policy In Maine: Past, Present, And Future, James Myall

Maine Policy Review

Maine’s bicentennial year is an appropriate moment to reflect on the historical legacy of public policy in Maine. In particular, the impact of historic policy decisions on people of color in the state is widely overlooked, perhaps because of Maine’s historical whiteness. This piece will show that, like the rest of the United States, Maine has a history of state-sanctioned discrimination, the consequences of which resonate today. Policymakers need to understand the harmful legacy of racist public policy in Maine if they are to avoid perpetuating those inequalities. Further, this piece will argue that it is not enough for lawmakers …

Comments On The Preliminary Framework For Equitable Allocation Of Covid-19 Vaccine, Ana Santos Rutschman, Julia Barnes-Weise, Robert Gatter, Timothy L. Wiemken

All Faculty Scholarship

On September 1, 2020 the National Academies released a draft framework for Equitable Allocation of a COVID-19 Vaccine. In this response, we analyze the proposed framework and highlight several areas.

Among the proposed changes, we highlight the need for the following interventions. The final framework for distribution of COVID-19 vaccines should give a higher priority to populations made most vulnerable by the social determinants of health. It should incorporate more geography-based approaches in at least some of the four proposed phases of vaccine distribution. It should address the possibility of a vaccine being made available through an emergency use authorization …

Pakistan's Sheedi Community: Striving For Equality, Inayat Ullah Shahzad

MSJ Capstone Projects

Following the "Black Lives Matter" movement, the creator wanted to find out that how happy the Sheedi community in Pakistan is or what are their core issues. This documentary is about the Afro-Pakistani ethnic group that is called Sheedi community. Sheedis are multi talented, skilled people with a long tradition of hospitality and unique culture. The one million in number community is not happy with the behavior of the societies they face in Pakistan. This documentary highlights their issues, like color based discriminations, unemployment, women issues, youth issues, facts about their history and role of Pakistani government in finding solutions …

The Technologies Of Race: Big Data, Privacy And The New Racial Bioethics, Christian Sundquist

Articles

Advancements in genetic technology have resurrected long discarded conceptualizations of “race” as a biological reality. The rise of modern biological race thinking – as evidenced in health disparity research, personal genomics, DNA criminal forensics, and bio-databanking - not only is scientifically unsound but portends the future normalization of racial inequality. This Article articulates a constitutional theory of shared humanity, rooted in the substantive due process doctrine and Ninth Amendment, to counter the socio-legal acceptance of modern genetic racial differentiation. It argues that state actions that rely on biological racial distinctions undermine the essential personhood of individuals subjected to such taxonomies, …

The Model Minority Myths: Racism And Sexism Against Asian-American Community, Yingda Guo 17

Honor Scholar Theses

This project aims to investigate the negative influences of the model minority stereotypes to Asian Americans. The model minority myth is the idea that members from a minority group with Asian heritages are considered to achieve a higher degree of educational and socioeconomic success than the average population. Asian Americans are usually perceived as model minorities who achieve high educational and socioeconomic success without many negative experiences in the U.S. However, a closer examination of the model minority myth indicates that this idea is quite generalized and misleading, which cannot stand for the diversity and complexity of Asian American experiences. …

Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts

All Faculty Scholarship

The criminal justice system currently functions to exclude black people from full political participation. Myriad institutions, laws, and definitions within the criminal justice system subordinate and criminalize black people, thereby excluding them from electoral politics, and depriving them of material resources, social networks, family relationships, and legitimacy necessary for full political citizenship. Making criminal law democratic requires more than reform efforts to improve currently existing procedures and systems. Rather, it requires an abolitionist approach that will dismantle the criminal law’s anti-democratic aspects entirely and reconstitute the criminal justice system without them.

Lender Discrimination, Black Churches, And Bankruptcy, Pamela Foohey

Scholarly Works

Based on my original empirical research, in this Article, I expose a disparity between the demographics of the roughly 650 religious congregations that have filed for chapter 11 bankruptcy during part of the last decade and congregations nationwide. Churches with predominately black membership — Black Churches — appeared in chapter 11 more than three times as often as they appear among churches across the country. A conservative estimate of the percentage of Black Churches among religious congregation chapter 11 debtors is 60%. The likely percentage is upward of 75%. Black Churches account for 21% of congregations nationwide.

Why are Black …

The Model Minority Myth: (Benevolent) Racism Against (Asian) Americans, Angel Leung

2016 Undergraduate Awards

Asians and Asian Americans are considered the most well-to-do racialized groups in twenty-first century U.S. Their identity and ontology are incontrovertibly influenced by the model minority myth, a stereotype that envelops them as successful and as overcoming racial discrimination. This paper argues that the model minority myth exemplifies how putatively benevolent racial tropes are nonetheless racist against all communities of colour. Thus, Asian Americans are positioned as the ‘model minority’, as opposed to certain ‘problem minorities’, in order to further subjugate Black and Brown bodies. The myth is also problematic for Asian Americans themselves, demonstrating that to exist as an …

Economic Interest Convergence In Downsizing Imprisonment, Spearit

Articles

This Essay employs a variation of the “interest convergence” concept to examine the competing interests at stake in downsizing imprisonment in the United States. In the last few decades, the country has become the world leader in both incarceration rates and number of inmates. Reversing these trends is a common goal of multiple parties, who advocate prison reform under different rationales. Some advocate less imprisonment as a means of tempering the disparate effects of imprisonment on individual offenders and the communities to which they return. Others support downsizing based on conservative values that favor reduced government size, spending, and interference …

A Developmental Approach To Civility And Bystander Intervention, Jennifer Q. Mccary

College Life Publications

The students of color in your classroom experience discrimination every day, in small and large ways. They don’t often see themselves represented in their textbooks, and encounter hostility in school, and outside. For them race is a constant reality, and an issue they need, and want, to discuss. Failure to do so can inhibit their academic performance.

Failure to discuss race prevents White students from getting a real, critical and deep understanding of our society and their place in it. It is essential for the well-being of all students that they learn to have constructive conversations about the history of …

Exposing Racial Discrimination: Implicit & Explicit Measures – The My Body, My Story Study Of 1005 Us-Born Black & White Community Health Center Members, Nancy Krieger, Pamela D. Waterman, Anna Kosheleva, Jarvis T. Chen, Dana R. Carney, Kevin W. Smith, Gary G. Bennett, David R. Williams, Elmer Freeman, Beverley Russell, Gisele Thornhill, Kristin Mikolowsky, Rachel Rifkin, Latrice Samuel

Elmer Freeman

Background: To date, research on racial discrimination and health typically has employed explicit self-report measures, despite their potentially being affected by what people are able and willing to say. We accordingly employed an Implicit Association Test (IAT) for racial discrimination, first developed and used in two recent published studies, and measured associations of the explicit and implicit discrimination measures with each other, socioeconomic and psychosocial variables, and smoking. Methodology/Principal Findings: Among the 504 black and 501 white US-born participants, age 35-64, randomly recruited in 2008-2010 from 4 community health centers in Boston, MA, black participants were over 1.5 times more …

Brief Of Amici Curiae Thirteenth Amendment Scholars In Support Of Plaintiff-Appellee And Affirmance, William M. Carter Jr., Dawinder S. Sidhu, Alexander Tsesis, Rebecca E. Zietlow

Amici Briefs

In the case of United States v. Hatch, the defendant in a hate crimes prosecution brought the first major challenge to the constitutionality of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. This amicus brief argues that the Act is constitutional under the Thirteenth Amendment.

Whatever, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The author cannot say that she disagrees with any of the analytical observations made by her co-contributors to this roundtable discussion of Fisher v. University of Texas at Austin. They all agree that the Supreme Court plans to use the case as an occasion to do something noteworthy to the constitutionality of affirmative action. And they all agree that the Court’s actions are likely to provide more comfort to opponents than to proponents of racial diversity. Their views diverge only with respect to doctrinal details about what the Court could or should do. But in translating the racial tensions …

The First Principles Of Standing: Privilege, System Justification, And The Predictable Incoherence Of Article Iii, Christian Sundquist

Articles

This Article examines the indeterminacy of standing doctrine by deconstructing recent desegregation, affirmative action, and racial profiling cases. This examination is an attempt to uncover the often unstated meta-principles that guide standing jurisprudence. The Article contends that the inherent indeterminacy of standing law can be understood as reflecting an unstated desire to protect racial and class privilege, which is accomplished through the dogma of individualism, equal opportunity (liberty), and “white innocence.” Relying on insights from System Justification Theory, a burgeoning field of social psychology, the Article argues that the seemingly incoherent results in racial standing cases can be understood as …

Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan

All Faculty Scholarship

Are minorities treated differently by the legal system? Systematic racial differences in case characteristics, many unobservable, make this a difficult question to answer directly. In this paper, we estimate whether judges differ from each other in how they sentence minorities, avoiding potential bias from unobservable case characteristics by exploiting the random assignment of cases to judges. We measure the between-judge variation in the difference in incarceration rates and sentence lengths between African-American and White defendants. We perform a Monte Carlo simulation in order to explicitly construct the appropriate counterfactual, where race does not influence judicial sentencing. In our data set, …

Human Rights And Domestic Violence: An Advocacy Manual, Human Rights Clinic

Human Rights Institute

Though international law is traditionally called “the law of nations,” it governs far more than relations between the countries of the world. International human rights law pushes the boundaries of State responsibility and allows individuals to directly demand accountability for both governmental action and inaction that violates basic human rights. International human rights treaties declare the minimum standards by which States (i.e. nation-states, or countries) are expected to comply. The theme of the 2010 Fourteenth Annual Domestic Violence Conference at Fordham Law School, “Expanding Our Vision: Human Rights, Victims’ Rights, and Approaches to Diverse Families,” for which this manual was …

Disparate Impact, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

There has been a lot of talk about post-racialism since the 2008 election of Barack Obama as the first black President of the United States. Some have argued that the Obama election illustrates the evolution of the United States from its unfortunate racist past to a more admirable post-racial present in which the problem of invidious racial discrimination has largely been overcome. Others have argued that the Obama election illustrates only that an extraordinarily gifted, mixed-race, multiple Ivy League graduate, Harvard Law Review President was able to overcome the persistent discriminatory racial practices that continue to disadvantage the bulk of …

The Missing Minority Judges, Pat K. Chew, Luke T. Kelley-Chew

Articles

This essay documents the lack of Asian-American judges and considers the consequences.

The Meaning Of Race In The Dna Era: Science, History And The Law, Christian Sundquist

Articles

The meaning of “race” has changed dramatically over time. Early theories of race assigned social, intellectual, moral and physical values to perceived physical differences among groups of people. The perception that race should be defined in terms of genetic and biologic difference fueled the “race science” of the Eighteenth and Nineteenth centuries, during which time geneticists, physiognomists, eugenicists, anthropologists and others purported to find scientific justification for denying equal treatment to non-white persons. Nazi Germany applied these understandings of race in a manner which shocked the world, and following World War II the concept of race increasingly came to be …