Law and Race Commons^™

Reconceptualizing The Harms Of Discrimination: How Brown V. Board Of Education Helped To Further White Supremacy, Angela Onwuachi-Willig

Faculty Scholarship

For decades, literature has played a vital role in revealing weaknesses in law. The classic novel To Kill a Mockingbird by Harper Lee is no different. The long-revered work of fiction contains several key scenes that illuminate significant gaps in the analysis of one of our most celebrated decisions: Brown v. Board of Education, the case in which the U.S. Supreme Court held that state-mandated racial segregation in public schools violated the Equal Protection Clause of the Constitution. In particular, the novel opens a pathway that enables its readers to visualize the full harms of white supremacy, which include …

Pretext And Justification: Republicanism, Policing, And Race, Ekow N. Yankah

Cardozo Law Review

On April 4, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott's name joined a heartbreaking list of men of color killed by unjustified police violence. The video of the incident also broadcast to the world the spectacular violence always lurking beneath the surface of daily interactions between police and men of color.

The "Black Lives Matter" movement has fiercely insisted Scott's death not be viewed as an isolated incident but understood as woven into the fabric of American policing. American policing harms individual people of color, …

The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans

University of the District of Columbia Law Review

The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and …

Banning Solitary For Prisoners With Mental Illness: The Blurred Line Between Physical And Psychological Harm, Rosalind Dillon

Northwestern Journal of Law & Social Policy

No abstract provided.

Rethinking Assembly Ordinances: Three Considerations Cities Should Make To Avoid Another Ferguson Or Baltimore-Type Riot, Christopher W. Bloomer

Ohio Northern University Law Review

No abstract provided.

More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad

Fordham Law Review Online

Through an examination of State-supported racial structures, this Essay illustrates that even after the legalization of interracial and same-sex marriages, the State’s control over housing, education, and employment prospects impedes the formation of interracial LGBTQ relationships. This Essay suggests that reducing residential segregation can be a first step in dismantling structural barriers to interracial LGBTQ loving, as truly integrated housing would increase cross-racial contact, lead to better educational and employment outcomes, and give LGBTQ people of color a chance to improve their social capital. This, together with altering how issues of race are framed within the LGBTQ community, will help …

"All The Women Are White, All The Blacks Are Men, But Some Of Us Are Brave", R.A. Lenhardt, Kimani Paul-Emile

Fordham Law Review Online

In 1982, African American feminists, writers, and educators Gloria T. Hull, Patricia Bell Scott, and Barbara Smith co-edited a foundational volume of essays designed to map a program for African American women’s studies and research on issues ranging from racial bias and sexism, to homophobia entitled: “All the Women Are White, All the Blacks are Men, But Some of Us Are Brave.” We reflected on that volume when we accepted the Fordham Law Review’s invitation to take part in its Online symposium honoring 100 years of women at Fordham Law School.

Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill

Fordham Law Review Online

Recent scholarship on the school-to-prison pipeline has zeroed in on the disturbing trajectory of black girls. School officials impose harsh punishments on black girls, including suspension and expulsion from school, at alarming rates. The most recent data from the U.S. Department of Education Office for Civil Rights reveals that one of the harshest forms of discipline—out of school suspension—is imposed on black girls at seven times the rate of their white peers. In the juvenile justice system, black girls are the fastest growing demographic when it comes to arrest and incarceration. Explanations for the disproportionate disciplinary, arrest, and incarceration rates …

How Media Impact Race Relations: Positive And Negative Historical Examples And Applied Psychological Principles, Sophia Nocera

Honors Program: Senior Projects (Public)

This thesis sought to examine how media influenced interracial relations in the 1920s and 1930s. It starts by defining necessary terms like media, race, racism, and stereotypes. Afterwards, studies which demonstrate that media reflect society are analyzed as well as studies which determine the extent of media influence on society. Media are the most influential on people who agree with the content provided and those who have no specific opinion on the issue at hand.

Next, psychological studies which determine the circumstances in which racist ideology is accepted the most are analyzed. This analysis determined that in-group versus out-group sentiments …

Branch Rickey, Affirmative Action And 'Merit' In Baseball And Education, Evan H. Caminker

Book Chapters

When General Manager Wesley Branch Rickey broke Organized Baseball’s longstanding color barrier on October 23, 1945, by signing Jackie Robinson to a contract to play for the Montreal Royals, a minor league affiliate of the Brooklyn Dodgers, Rickey catalyzed the movement for racial justice. Millions of people saw, heard, and read about black and white men playing side-by-side. Integrating the national pastime helped challenge segregationist norms across the land, facilitating the integration of military troops and public schools soon thereafter.

Rickey’s stirring call in his 1956 Atlanta address to judge people on their merits rather than their pigmentation still resonates …

Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young

Marquette Law Review

None

Eddie Murphy And The Dangers Of Counterfactual Causal Thinking About Detecting Racial Discrimination, Issa Kohler-Hausmann

Northwestern University Law Review

The model of discrimination animating some of the most common approaches to detecting discrimination in both law and social science—the counterfactual causal model—is wrong. In that model, racial discrimination is detected by measuring the “treatment effect of race,” where the treatment is conceptualized as manipulating the raced status of otherwise identical units (e.g., a person, a neighborhood, a school). Most objections to talking about race as a cause in the counterfactual model have been raised in terms of manipulability. If we cannot manipulate a person’s race at the moment of a police stop, traffic encounter, or prosecutorial charging decision, then …

The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss

Marquette Law Review

None

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske

Immigration and Human Rights Law Review

No abstract provided.

Maslenjak V. United States: A Concern About Prosecutors’ Limitless Leverage Regarding The International Refugee Policy, Fengming Jin

Immigration and Human Rights Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell

Indiana Journal of Global Legal Studies

Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …

Tribute To Professor Deborah Waire Post, Paula C. Johnson

Journal of Race, Gender, and Ethnicity

No abstract provided.

Northeast Corridor, Phoebe Haddon

Journal of Race, Gender, and Ethnicity

No abstract provided.