"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression,
2015
University of Hawai’i William S. Richardson School of Law
"First Food" Justice: Racial Disparities In Infant Feeding As Food Oppression, Andrea Freeman
Fordham Law Review
Tabitha Walrond gave birth to Tyler Isaac Walrond on June 27, 1997, when Tabitha, a black woman from the Bronx, was nineteen years old. Four months before the birth, Tabitha, who received New York public assistance, attempted to enroll Tyler in her health insurance plan (HIP), but encountered a mountain of bureaucratic red tape and errors. After several trips to three different offices in the city, Tabitha still could not get a Medicaid card for Tyler. Tabitha’s city caseworker informed her that she would have to wait until after Tyler’s social security card and birth certificate arrived to get the …
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing,
2015
University of Colorado Law School
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Fordham Law Review
Focusing on criminal law and procedure in particular, this Article seeks to expose various tensions in critical race theorizing and progressive theorizing more broadly, offer some suggestions for a unifying methodology of critical criminal law analysis, and discuss where empirical study might fit into this new program. Progressive (critical race and feminist) theorizing on criminal law is not only subject to the competing frames of critique and formalism, it also exists within an overarching American criminal law culture that can eclipse both concerns over rights violations and structural injustice. The U.S. penal system has become a “peculiar institution” and a …
Racial Mirroring,
2015
University of New Mexico - School of Law
Racial Mirroring, Dawinder S. Sidhu
Faculty Scholarship
“Racial mirroring” refers to efforts by one group to match the primary racial composition of another group. In contrast to racial balancing, which takes place when two groups are adjusted simultaneously to achieve a desired degree of racial equilibrium between them, racial mirroring occurs when the racial makeup of one group is adjusted so as to reflect the predominant racial identity of the second group. Employers and even federal courts engage in racial mirroring. For example, in order to generate trust among customers, employers have hired or promoted individuals of the same race as the employers’ primary customer base. Further, …
Courtroom To Classroom: Judicial Policymaking And Affirmative Action,
2015
Macalester College
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
Cross-Racial Misidentification: A Call To Action In Washington State And Beyond,
2015
Seattle University School of Law
Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman
Seattle University Law Review
Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and continue to give undue weight to eyewitness evidence. Experts have estimated that approximately 5,000–10,000 felony convictions in the United States each year are wrongful, and research suggests that approximately 75% of wrongful convictions involve eyewitness misidentification. The phenomenon of eyewitness misidentification is also amplified and most troublesome in the context of cross-racial …
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings,
2015
Seattle University School of Law
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton
Seattle University Law Review
Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting …
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama,
2015
Touro University Jacob D. Fuchsberg Law Center
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Path Forward From Shelby County V. Holder,
2015
Touro University Jacob D. Fuchsberg Law Center
The Path Forward From Shelby County V. Holder, Janet W. Steverson
Journal of Race, Gender, and Ethnicity
No abstract provided.
An Assessment Of Affirmative Action In Business,
2015
University of Connecticut - Storrs
An Assessment Of Affirmative Action In Business, Jordan A. Kennedy
Honors Scholar Theses
Affirmative action has become an inevitable aspect of the employment hiring process. It has been put into place to assist in eradicating the institutionalized discrimination that inherently exists in such practices. On the surface, affirmative action may appear to be something that is beneficial to both the hiring institution and the individual; it seems to be a win-win situation because the business is creating a more diverse workplace and the individual is getting a job that they desired. However, the way that affirmative action is practiced may prevent its overall effectiveness. For example, there are several fundamental flaws with this …
Grandpa,
2015
Touro University Jacob D. Fuchsberg Law Center
Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder,
2015
Touro University Jacob D. Fuchsberg Law Center
Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder,
2015
Touro University Jacob D. Fuchsberg Law Center
A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar
Journal of Race, Gender, and Ethnicity
No abstract provided.
On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution,
2015
Touro University Jacob D. Fuchsberg Law Center
On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery
Journal of Race, Gender, and Ethnicity
No abstract provided.
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965,
2015
Touro University Jacob D. Fuchsberg Law Center
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Post-Shelby County Game,
2015
Touro University Jacob D. Fuchsberg Law Center
The Post-Shelby County Game, Steven R. Morrison
Journal of Race, Gender, and Ethnicity
No abstract provided.
After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?,
2015
Touro University Jacob D. Fuchsberg Law Center
After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith
Journal of Race, Gender, and Ethnicity
No abstract provided.
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm,
2015
Touro University Jacob D. Fuchsberg Law Center
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Journal of Race, Gender, and Ethnicity
No abstract provided.
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color,
2015
Touro University Jacob D. Fuchsberg Law Center
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era,
2015
Touro University Jacob D. Fuchsberg Law Center
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
Journal of Race, Gender, and Ethnicity
No abstract provided.
One Step Forward, Two Steps Backward: How The Supreme Court’S Decision In Shelby County V. Holder Eviscerated The Voting Rights Act And What Civil Rights Advocates Should Do About It,
2015
Touro University Jacob D. Fuchsberg Law Center
One Step Forward, Two Steps Backward: How The Supreme Court’S Decision In Shelby County V. Holder Eviscerated The Voting Rights Act And What Civil Rights Advocates Should Do About It, Pamela Edwards
Journal of Race, Gender, and Ethnicity
No abstract provided.
