Rethinking Employment Discrimination Harms,
2016
University of Houston Law Center
Rethinking Employment Discrimination Harms, Jessica Roberts
Indiana Law Journal
Establishing harm is essential to many legal claims. This Article urges the law to adopt a more expansive notion of the harms of employment discrimination to better reflect the cognitive functions of individuals who face discrimination. While the effect of implicit bias on the mental state of potential discriminators is well-worn territory in antidiscrimination scholarship, little has been written about a sister theory: stereotype threat. More than a decade’s worth of social psychology research indicates that when a person is conscious of her membership in a particular group and the group is the subject of a widely recognized stereotype, that …
Procedural Justice And Policing: Four New Directions,
2016
Washington University School of Law
Procedural Justice And Policing: Four New Directions, Rebecca Hollander-Blumoff
Washington University Journal of Law & Policy
This Article, by Professor Rebecca Hollander-Blumoff from Washington University School of Law in St. Louis, analyzes the concept of procedural justice within the frame of contemporary policing. Using the shooting of Michael Brown as a catalyst, Hollander-Blumoff advocates for four potential areas of future development in procedural justice: (1) the interaction between the research on self-control and procedural justice; (2) research on the tools most effective in creating positive perceptions of fairness by police; (3) the implications of treating procedural justice not as a dynamic interchange; and (4) the role of reactive devaluation as it might affect reaction to procedural …
Parents Involved And The Struggle For Historical Memory,
2016
Harvard University
Parents Involved And The Struggle For Historical Memory, Mark Tushnet
Indiana Law Journal
In his Jerome Hall Lecture, Professor Tushnet addresses the legacy of Brown v. Board of Education in the more recent case of Parents Involved in Community Schools v. Seattle School Dist. No. 1 (PICS), which struck down the voluntary school integration programs used in Seattle and Louisville. As Chief Justice Roberts wrote, an important “debate” in the PICS case was over “which side is more faithful to the heritage” of Brown v. Board of Education. That debate is part of what historians have called the struggle for historical memory. The politics of memory in PICS is not simply a struggle …
The Political Implications Of Felon Disenfranchisement Laws In The United States,
2016
Claremont McKenna College
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
CMC Senior Theses
This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police,
2016
University of Michigan Law School
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr
Articles
In this Article, I explore why measuring disparate-treatment discrimination by police is so difficult, and consider the ways that researchers' existing tools can make headway on these challenges and the ways they fall short. Lab experiments have provided useful information about implicit racial bias, but they cannot directly tell us how these biases actually affect real-world behavior. Meanwhile, for observational researchers, there are various hurdles, but the hardest one to overcome is generally the absence of data on the citizen conduct that at least partially shapes policing decisions. Most crime, and certainly most noncriminal "suspicious" or probable-cause-generating behavior, goes unreported …
Frontlines: Policing At The Lexus Of Race And Mental Health,
2016
American University Faculty Account
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Scholarly Articles in Law Reviews & Journals
he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits,
2016
Duke Law School
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities,
2016
University of Michigan Law School
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Articles
At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has resolved that threat, at least for the time being. In particular, this Article argues, Inclusive Communities is best read to adopt the understanding of equal protection that Justice Kennedy previously articulated in his pivotal concurrence in the 2007 Parents Involved case—which argued that …
2016-2017 Course Development Grants For Uf Graduate Students,
2016
University of Florida Levin College of Law
2016-2017 Course Development Grants For Uf Graduate Students, Anju K. Davidson
Center for the Study of Race & Race Relations: Lectures and Events
No abstract provided.
2016-2017 Course Development Grants For Uf Faculty,
2016
University of Florida Levin College of Law
2016-2017 Course Development Grants For Uf Faculty, Anju K. Davidson
Center for the Study of Race & Race Relations: Lectures and Events
No abstract provided.
Are Asian Americans Now White?,
2016
UC Hastings College of the Law
The Free Blacks Of Virginia: A Personal Narrative, A Legal Construct,
2016
University of New Mexico - School of Law
The Free Blacks Of Virginia: A Personal Narrative, A Legal Construct, Sherri L. Burr
Faculty Scholarship
The existence of the Free Blacks of Virginia as a group in United States history would surprise most Americans. The common narrative is that all Africans were brought to this country as slaves with no rights, and systematically received legal privileges after the Civil War in the 1860s and the Civil Rights struggle a century later. The reality differs from this assumption. The first Africans who landed on the shores of Virginia in 1619 began their lives as indentured servants similar to many European immigrants. After finishing their terms of service, these Africans were accorded liberties such as the right …
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016),
2016
Roger Williams University
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law
RWU Law
No abstract provided.
Bakke To The Future: Affirmative Action After Fisher,
2016
Brooklyn Law School
Bakke To The Future: Affirmative Action After Fisher, Yuvraj Joshi
Faculty Scholarship
No abstract provided.
Confronting The Carceral State,
2016
Georgetown University Law Center
Confronting The Carceral State, Allegra M. Mcleod
Georgetown Law Faculty Publications and Other Works
No abstract provided.
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women,
2016
Columbia Law School
#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor
Faculty Scholarship
Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …
Are Hispanics Discriminated Against In The Us Criminal Justice System?,
2016
Virginia Commonwealth University
Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto
Graduate Research Posters
Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …
Guns And Drugs,
2016
University of Colorado Law School
Guns And Drugs, Benjamin Levin
Publications
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …
Rationed Justice,
2016
Florida A & M University College of Law
Rationed Justice, Jennifer M. Smith
Journal Publications
In the United States, "equal justice under law" is at the very forefront of our American justice system. "Equal justice" is meant to guarantee equal access to the justice system. "Equal access to the judicial process is the sin qua non of a just society." Many Americans, however, do not have any access to the justice system, never mind that of equal access. "Equal justice" has not reached the nation's indigent, or even many of our moderate-income citizens.
Beyond Reparation: Affirmative Action As A Solution For Disparate Representation,
2016
Southern Adventist University
Beyond Reparation: Affirmative Action As A Solution For Disparate Representation, Suny Cardenas-Gomez
Student Research
This essay provides support for Affirmative Action policy from the perspective that both supporters and opponents want merit-based evaluations. Disparate representation and prejudice-driven discrimination, however, make this impossible. Affirmative Action gives minorities the opportunity to change their representation in certain fields, therefore changing the way they are perceived, and eventually dissipating existing race-based discrimination in the evaluation process.
