Qualitative Diversity: Affirmative Action’S New Reframe, 2017 Barry University Dwayne O. Andreas School of Law
Qualitative Diversity: Affirmative Action’S New Reframe, Eang L. Ngov
Utah Law Review
How is diversity measured? When is diversity sufficient? The Supreme Court has pressed these hard questions in affirmative action cases. With respect to college admissions, although a university campus might have a diverse student body, universities are beginning to justify the continuation of race-based affirmative action programs on the need for qualitative diversity, i.e., intraracial diversity—diversity within diversity.
In the Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, the university advanced two novel diversity arguments, never before employed in affirmative action cases, to justify its race-based admissions policy: there is a lack of diversity within …
Reflection: How Multiracial Lives Matter 50 Years After Loving, 2017 Georgia State University College of Law
Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas
Faculty Publications By Year
Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they …
Toward A Critical Race Theory Of Evidence, 2017 Boston University School of Law
Toward A Critical Race Theory Of Evidence, Jasmine Gonzales Rose
Faculty Scholarship
Scholars, judges, and lawyers have long believed that evidence rules apply equally to all persons regardless of race. This Article challenges this assumption and reveals how evidence law structurally disadvantages people of color. A critical race analysis of stand-your-ground defenses, cross-racial eyewitness misidentifications, and minority flight from racially-targeted police profiling and violence uncovers the existence of a dual-race evidentiary system. This system is reminiscent of nineteenth century race-based witness competency rules that barred people of color from testifying against white people. I deconstruct this problem and introduce the original concept of “racialized reality evidence.” This construct demonstrates how evidence of …
The Effect Of Phenotypic Bias On Lineup Construction Fairness, 2017 CUNY John Jay College
The Effect Of Phenotypic Bias On Lineup Construction Fairness, Sydney Y. Wood
Student Theses
There is converging evidence that people make inferences about others’ culpability and deservingness of punishment based on whether they express more of the African phenotype (e.g., darker skin, wider nose, thicker lips; Blair, Judd, & Chapleau, 2004; Eberhardt Goff, Purdie & Davies, 2004; Kahn & Davies, 2011). What is less clear is whether facial features that are phenotypically related to particular racial groups play a role in the mistaken identification of innocent Black suspects. Eyewitness descriptions lack detail with regard to racial phenotypes (Fahsing, Ask & Granhag, 2004; Nicholson & Kovera, 2013). Without descriptions containing phenotypic features to use when …
Race, Policing, And Technology, 2017 Brooklyn Law School
Race, Policing, And Technology, Bennett Capers
Faculty Scholarship
No abstract provided.
Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., 2017 University of Louisville
Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks
College of Arts & Sciences Senior Honors Theses
Beginning with President Carter and continuing with each successive president, the federal bench has become more diverse. This has caused scholars to turn their attention to how personal characteristics such as race and sex affect judging. Understanding the effects of gender and race on judging is crucial because white female and minority female judges may bring a different perspective to the bench than their male counterparts due to their shared experiences with discrimination. To fill a gap in the literature, this study examines the impact of women in terms of legal influence and voting behavior. The results demonstrate that women …
Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, 2017 University of Baltimore Law
Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby
University of Baltimore Law Review
Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively equal. Further, individuals with lower economic means were dually susceptible to conviction as a result of less vigorous legal representation.
Now, laws have legalized marijuana for medicinal purposes in twenty-six states, along with a small portion of states (seven) legalizing marijuana for recreational use. Yet retroactive ameliorative relief is not widely available to those who were convicted under circumstances that are now legal, and …
For What It's Worth: The Role Of Race- And Gender-Based Data In Civil Damages Awards, 2017 Vanderbilt University Law School
For What It's Worth: The Role Of Race- And Gender-Based Data In Civil Damages Awards, Loren D. Goodman
Vanderbilt Law Review
Following months of behavioral problems, hyperactivity, and intermittent complaints of headache and nausea, five-year-old Kelsey Craig's mother finally takes her to the pediatrician to determine the root of the problem. After multiple consultations, a blood test shows a surprising culprit: there is a dangerously high amount of lead present in Kelsey's blood, suggesting prolonged exposure to the irreversibly toxic substance. Upon returning to their older, prewar apartment building, Kelsey's mother passes a neighboring family in the hallway and woefully relays the tale of her diagnosis. The neighbors' eyes grow wide as they realize their own five-year-old son has been experiencing …
Race And The Law, 2017 Commonwealth's Attorney, Petersburg, Virginia
Race And The Law, Cassandra Conover
University of Richmond Law Review
No abstract provided.
Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, 2017 Akin Gump Strauss Hauer & Feld LLP
Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Veterans Banished: The Fight To Bring Them Home, 2017 De Mott, McChesney, Curtright & Armendáriz, LLP
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, 2017 Thomas J. Henry
The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Book Review: The History Of A Forgotten German Camp: Nazi Ideology And Genocide In Szmalcówka, 2017 University of Queensland, University of Sydney
Book Review: The History Of A Forgotten German Camp: Nazi Ideology And Genocide In Szmalcówka, Darren J. O'Brien
Genocide Studies and Prevention: An International Journal
No abstract provided.
The Effect Of Criminal Records On Access To Employment, 2017 Rutgers University
The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr
Articles
This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.
Difficult Definitional Problems In Tax Administration: Religion And Race, 2017 St. John's University School of Law
Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz
The Catholic Lawyer
No abstract provided.
Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, 2017 United States Bankruptcy Court
Keep The Patels: How Culturally Competent Teamwork Can Alleviate The Law's Diversity Retention Problem, Danisha Brar
Concordia Law Review
In the midst of an argument with law school classmates, I once remarked that I felt simultaneously invisible as a woman of color, or more specifically as a South Asian woman. A well-intentioned friend offered consolation in the form of an assurance: she had never viewed me as not-white, and in fact had always thought of me as white. This statement was not intended to insult me—in fact, I immediately knew what she meant: she had always thought of me as a person first—her vision of me was free of any overt racism. But I did not want to be …
The Missouri Student Transfer Program, 2017 University Missouri - St. Louis
The Missouri Student Transfer Program, Howard E. Fields Iii
Dissertations
In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.
The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …
The Force Of Manhood: The Consequences Of Masculinity Threat On Police Officer Use Of Force, 2017 Portland State University
The Force Of Manhood: The Consequences Of Masculinity Threat On Police Officer Use Of Force, Aurelia Terese Alston
Dissertations and Theses
Positive community-police relations, which are based on mutual trust, are key to equitable and just policing. Use of force that is perceived as unfair and biased can quickly undermine relations between the police and the public. In an attempt to understand what psychological factors contribute to police use of force decisions and potentially racially biased use of force application, this study proposed masculinity threat as an important psychological factor that influences police behavior. Masculinity threat occurs when a man's status as a man is threatened, and threats to masculinity are often associated with increased aggression and dominance as a way …
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, 2017 University of Rhode Island
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Donna M. Hughes
Revenue Procedure On Racial And Ethnic Discrimination In Schools, 2017 St. John's University School of Law
Revenue Procedure On Racial And Ethnic Discrimination In Schools, Charles W. Rumph
The Catholic Lawyer
No abstract provided.