Law and Race Commons^™

Disability Restriction In U.S. Immigration Policy: From 1882 To The “Final Rule”, Jess Whatcott Dr.

Journal of Law and Policy

Disability justice in the United States and globally demands the dismantling of exclusionary immigration policies. This article surveys the development of disability restrictions in U.S. immigration policy and draws on historical scholarship to describe the specific impact of these policies on racialized groups in the U.S. Since 1882, federal immigration policies have excluded people from entering the U.S. legally based on perceived bodily difference, impairment, pathology, mental defect, or proneness to contagious disease. This continued into the twenty-first century through restrictions on people with HIV/AIDS and against people with a “likelihood of becoming a public charge,” reinforced by the Trump …

Missing Children Discrimination, Itay Ravid, Tanisha Brown

Faculty Publications

The problem of missing children in America—many of whom are victims of crime—has haunted society for decades. In response, a range of laws and policies have emerged, culminating in the nationwide adoption of the AMBER Alert system in the early 2000s. While often hailed as a success, this Article reveals a sad truth: Not all children benefit equally from AMBER. In particular, missing Black children are systematically underserved by the system, which ultimately contributes to the disproportionate impact of the missing children crisis on Black communities. While this issue received limited scholarly attention, states have recently started recognizing it. In …

Death Before Breath: Courts Should Add De–Escalation And Proportionality To The Graham Factors, Nakyshia Fralin

University of Miami Race & Social Justice Law Review

This paper examines Barnes v. Felix, a case recently before the Supreme Court, through a comparative analysis of various circuit courts’ applications of the Graham factors in use–of–force evaluations. Beginning with a historical overview of policing, the paper revisits the factual background of the case before delving into the Fifth Circuit’s analysis, known as the Moment–of–Threat doctrine. It then contrasts this approach with the broader “totality of the circumstances” approach, highlighting the differing judicial interpretations. Building upon these established frameworks, the paper proposes two additional factors aimed at promoting human life and safety. By introducing these elements, the analysis seeks …

Deterring Prison Versus Police Civil Rights Violations: Legal Challenges, Public Policy, And Institutional Failures, Natalie Kemper

University of Miami Race & Social Justice Law Review

The status of incarcerated individuals falls categorically below that of non-incarcerated individuals in our society, yet most would agree they deserve protection from governmental abuses of power. This Note evaluates the current legal, institutional, political, and societal circumstances that contribute to the immense difficulties faced by individuals alleging civil rights violations under the Eighth Amendment, primarily through the avenue of U.S.C. § 1983. Due to similarities in civil rights claims, this Note compares the barriers faced by incarcerated plaintiffs to those encountered in police misconduct claims, highlighting key discrepancies that undermine accountability and deterrence.

A primary barrier is the significantly …

From Fairy Tales To Fascist Nightmares: Countering Ron Desantis’ Florida, Ronald Mize, Et. Al

University of Miami Race & Social Justice Law Review

The recent spate of anti–‘woke’, don’t say gay, anti–trans, and anti–immigrant legislation, led by Florida Governor Ron DeSantis, puts the sunshine state in the unenviable position of serving as the nation’s test case for Republicans’ neofascist agendas. This paper explores the exclusionary, targeting, and banning aspects of these culture war assaults on public education and outgroups. The specific banning of Critical Race Theory is discussed alongside cis–heteronormative efforts to target queer and trans communities, as well as DeSantis’ executive memoranda of transporting those at the border to sanctuary cities and S.B. 1718 aimed at excluding immigrant communities from public life …

Addressing Health-Related Social Needs With Innovative Healthcare Spending, Kelly Naranjo Ms Ccrc, Eric Rochman Mph, Allyson Schiff Ba, Dorella Walters Mpa, Andrea Zaldivar Ed.D, Ms, Anp

Journal of Law and Health

Key objectives: To address the social determinants of health domains "social and community context" and "neighborhood and built environment" via Medically Tailored Meals, a nutrition intervention that includes home delivery, medical nutrition therapy and education, and frozen medically tailored meals provided by the non-profit partner. This intervention targeted Medicaid members exhibiting high healthcare utilization in conjunction with each individual's risk of developing higher morbidity and mortality of existing disease due to co-existing food and nutrition insecurity. The populations served include people living with Type 2 Diabetes, Hypertension, Cardiovascular Disease, Cancer, HIV/AIDS, and End-Stage Renal Disease, among other conditions, whose burden …

Access To Healthcare For Irregular Migrants, Jessica Dykes

Journal of Law and Health

Access to Healthcare for Irregular Migrants is an assessment of the right to life, security of the person, and non-discrimination as viewed through the lens of Nell Toussaint's legal battle. It tells the compelling story of an irregular migrant's battle for access to health care. Highlighting a gap in the Canadian healthcare system, this piece raises valuable questions about why that gap exists. Toussaint's experiences with multiple levels of the legal system, both in Canada and internationally, are included. It tells the story from when Ms. Toussaint entered Canada to the present; wherein the matter remains before the court.

This …

The Fearless Decision And The Future Of Race-Conscious Charities, Chenglin Liu

Cleveland State Law Review

Historically, courts tended to differentiate between invidious discrimination against racial minorities and benign discrimination against whites in the context of affirmative action movements. With the social movements galvanized by the conservatives and the change of composition of the Supreme Courts and lower courts, the feasibility of race-conscious measures aimed at helping minorities is substantially reduced. The conservatives’ win in Fearless, coupled with the Trump Administration’s attacks on DEI, have produced a self-censoring effect on charitable organizations. Because of these threats, race-conscious charities will have to modify their practices to become more “inclusive” or face legal challenges from conservatives.

Dean's Desk: We’Re Providing Encouragement To Would-Be Lawyers, Christiana Ochoa

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

As dean of the Indiana University Maurer School of Law, I have the privilege of witnessing firsthand how transformative legal education can be—not only for individual students, but also for the communities and institutions they go on to serve.

But there’s a problem: many promising undergraduate students have been told, explicitly or implicitly, that law school isn’t for them. Some don’t have anyone to turn to for advice and guidance.

Some have been discouraged from considering legal education because their backgrounds don’t fit the traditional mold of what society envisions an attorney to be. Maybe they are first-generation students and …

White Supremacy And The Legitimation Of Violence Against Women: Analyzing The History And Impact Of Vawa, Ember Jahn

Et Cetera

This article confronts the mainstream feminist narrative that white women first addressed patriarchal violence en mass in the 1970s. Instead, this article traces back to Black women who advocated against lynching and sexual violence in the late 1800s as the first attempt to address systemic violence against women. They engaged in womanism, or the fight for Black people’s right to experience safety and discover a sense of wholeness. Their efforts led to the proliferation of numerous movements in the 1900s. Despite how crucial their efforts were to the formation of the feminist movement; many white feminists remained hostile and engaged …

Disproportionate School Brutality Upon Black Children, Nicole Tuchinda

Kentucky Law Journal

No abstract provided.

These Brutal Indignities: The Case For Crimes Against Humanity In Black America, Tiffany D. Atkins

Kentucky Law Journal

No abstract provided.

Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler

Nebraska Journal on Advancing Justice

No abstract provided.

Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez

Nebraska Journal on Advancing Justice

No abstract provided.

Introduction, Nicholas L. Marti

Nebraska Journal on Advancing Justice

No abstract provided.

2025-26 Masthead (Volume 2, Issue 1), Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Why Color-Blind Solutions Won't Solve The Racial Wealth Gap: How We Can Overcome The Constitutional Hurdles To Race Conscious Remedies In Addressing The Wealth Gap, Malik Edwards, William A. Darity Jr.

Kentucky Law Journal

No abstract provided.

Freed From Prison And Unemployed: What Happens After Your Prison Job Ends?, Stephanie Hunter Mcmahon

Kentucky Law Journal

No abstract provided.

The Racial Wealth Gap Is A Racial Health Gap, Aurora J. Grutman

Kentucky Law Journal

No abstract provided.

Interest Convergence And The Racial Wealth Gap: Defusing Racism's Divide-And-Conquer Via Universal Basic Income, Palma Joy Strand, Nicholas A. Mirkay

Kentucky Law Journal

No abstract provided.