Law and Race Commons^™

Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This article reflects on the role of residential caste in reproducing school segregation and how the Supreme Court betrays the equality principles of Brown by applying a colorblind constitutionalism that renders so-called de facto residential caste, and subsequent school segregation, acceptable.

During the seven-decade Great Migration of the 20^th century, northern cities deployed policies to create an architecture of inequality in which African Americans and white Americans did not live in the same neighborhoods. While the Fair Housing Act of 1968 rendered intentional discrimination in housing markets illegal, and the Court also ruled against forms of intentional housing discrimination, …

Integrating Doctrine & Diversity Speaker Series: Breaking Bias: A Conversation With Attorney Anu Gupta 9-10-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Elusiveness Of Tax And Constitutional Reform, Susan Pace Hamill

Politics, Justice, Law, and Philosophy

In this chapter, Professor Hamill illustrates that Alabama’s regressive tax policy oppresses poor Alabamians and denies their children a chance for a better future and explains why the 1901 Constitution makes meaningful tax reform impossible. She then shows that Governor Bob Riley’s 2003 failed reform efforts and ten years of unsuccessful civil rights litigation which followed, means reformers must convince Alabama’s citizens at the ballot box. Professor Hamill’s story of her personal experiences as an outspoken reformer, especially the anecdotes of her speaking to thousands of voters at their doors when she was a candidate for the legislature, illuminate why …

The Influence Of The Race Of Defendant And The Race Of Victim On Capital Charging And Sentencing In California, Catherine M. Grosso, Jeffrey A. Fagan, Michael Laurence

Faculty Scholarship

The California Racial Justice Act of 2020 recognized racial and ethnic discrimination as a basis for relief in capital cases, expressly permitting several types of statistical evidence to be introduced. This statewide study of the influence of race and ethnicity on the application of capital punishment contributes to this evidence. We draw on data from over 27,000 murder and manslaughter convictions in California state courts between 1978 and 2002. Using multiple methods, we found significant racial and ethnic disparities in charging and sentencing decisions. Controlling for defendant culpability and specific statutory aggravators, we show that Black and Latinx defendants and …

Evaluating The Elimination Of Peremptory Challenges In Arizona, Hailey Badger Gordon

University of Michigan Journal of Law Reform

The Supreme Court confronted racial discrimination in jury selection in Batson v. Kentucky by prohibiting the use of race as a factor in exercising peremptory challenges. But Batson challenges rarely succeed in overcoming a challenged peremptory strike and have long been criticized as insufficient to eliminate racial discrimination in jury selection. Justice Marshall correctly predicted in his concurring opinion in Batson that racial discrimination in jury selection would continue as long as peremptory challenges were permissible.

Recognizing Batson’s shortfalls, states have experimented with reforms ranging from lowering the required showing for a successful Batson challenge to enumerating presumptively impermissible …

Good Deeds? A Critical Race Analysis Of The Nova Scotia Land Titles Clarification Act, Melisa Marsman

Dalhousie Law Journal

The Nova Scotia Land Titles Clarification Act (“LTCA”) is remedial legislation that was enacted in 1964 to resolve insecure land titles within designated communities, particularly African Nova Scotian communities. However, African Nova Scotians had been advocating for legal title to their land for over 100 years prior to the enactment of the LTCA, and those demands were largely ignored by the government. Furthermore, despite the 60-year existence of this remedial legislation, many African Nova Scotians still hold insecure title to their land. Through a critical race analysis, this article explores why the LTCA has failed to achieve its promise to …

Gender According To World Athletics: The Regulation Of Racialized Athletes From The Global South, Maria Dugas

Dalhousie Law Journal

In March 2023, World Athletics, the regulating body for the sport of Athletics introduced The Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development). These Regulations limit participation in female Athletics events at international competition and to set world records. They require certain athletes to maintain a testosterone threshold below 2.5nmol/L, despite their naturally occurring testosterone levels. On one level, this paper is about gender regulation in sport, particularly regulating testosterone in elite, female athletes. On another level it is about power and privilege at the intersection of race, nationality, and gender. It argues that through its …

Critical Race Theory As Legal Epistemic Justice, Jasmine Gonzales Rose

Faculty Scholarship

“Critical Thinking: Not Critical Race Theory” and “Teach Truth: Not CRT,” proclaimed the front and back of a T-shirt on a fellow traveler passing in the airport. I was startled by the blatant misconceptions. The core pursuits of critical race theory (“CRT”) are to think critically, discover truth, and diversify knowledge about race and racism. Although I was aware of then-President Trump’s executive order barring federal diversity training and bills modeled after it, nothing had prepared me for the realization that my academic subfield had become so widely criticized that it was now the subject of T-shirt slogans. A few …

Barriers To Legal Help In The Transgender Rights Movement, Alexander Chen, Amanda Goad, Jazzmun Crayton

Loyola Interdisciplinary Journal of Public Interest Law

This transcript was taken from the Loyola Interdisciplinary Journal of Public Interest Law's second annual panel at the LMU Loyola Law School Public Interest Palooza, hosted by the Loyola Public Interest Law Foundation on Saturday, March 23, 2024.

Panelists

Alexander Chen, Founding Director, Harvard Law School LGBTQ+ Advocacy Clinic

Amanda Goad, Audrey Irmas Director, LGBTQ, Gender, and Reproductive Justice Project, ACLU of Southern California

Jazzmun Crayton, Associate Director, Access to Prevention Advocacy Intervention and Treatment Health Center

Moderator

James Gilliam, Director of Career Development & Public Interest Programs, Western State College of Law; Adjunct Professor, LMU Loyola Law School; …

Indiana Law Supporting Newly Established Indiana Innocence Project, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Law students from the Indiana University Maurer School of Law will have the opportunity to help exonerate wrongfully convicted Hoosiers through the newly established Indiana Innocence Project, which officially launched Saturday (Aug. 17).

Established in association with the national Innocence Project—which has helped free more than 240 wrongfully convicted prisoners since 1992—the Indiana Innocence Project (INIP) has been made possible through the support of the Herbert Simon Family Foundation, along with the Law School and IU’s Department of Criminal Justice.

The Indiana Innocence Project will screen and investigate cases with meritorious innocence claims, secure DNA testing when biological evidence …

We Are The Ai Problem, Tonja Jacobi, Matthew Sag

Emory Law Journal Online

This Essay describes what we call “the Black Nazi Problem,” a shorthand for the sometimes-jarring text and images produced by AI, from the incongruous—such as female Indian popes—to the outrageous—such as depicting minorities as their own historical oppressors, including Black Nazis. These images were the result of overzealous efforts by AI developers to correct for a lack of diverse representation in the training data used to create Generative AI models. The overrepresentation of white, fully-abled, Western men in images of high status categories, and the invisibility of women, people of color, and the disabled, except in low status categories, and …

Interview Of Professor John Brittain, Donny R. Williams

University of the District of Columbia Law Review

No abstract provided.

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Black Lives Still Matter: The Unconstitutionality Of The Reasonableness Standard In The Doctrine Of Qualified Immunity, Angela D. Minor, Esq.

University of the District of Columbia Law Review

No abstract provided.

Mental Health Response To 911 Calls: Defunding The Police, Now With All Of The Danger And None Of The Protection, Marcia M. Ziegler

University of the District of Columbia Law Review

No abstract provided.

Pluralist Justice And Liberal Constitutionalism: A Reply To Critics, Michel Rosenfeld

Cardozo Law Review

An author is privileged to have his work seriously considered and evaluated by a group of preeminent scholars from different disciplines and parts of the world. This is even much more the case with respect to my book, A Pluralist Theory of Constitutional Justice: Assessing Liberal Democracy in Times of Rising Populism and Illiberalism, which was written in times of self-isolation due to the COVID-19 pandemic, thus lacking the input of the customary testing of ideas in conversations with colleagues with whom one habitually interacts while on campus. I am grateful for the live symposium on my book that …

The Chronic Growing Problem: Environmental And Social Justice Concerns With Indoor Cannabis Grows, Gina S. Warren

Cardozo Law Review

The rapid legalization of recreational marijuana across states has created environmental and social justice issues, particularly with indoor cultivation. Despite its federal illegality, twenty-four states and various territories have legalized marijuana, igniting a surge in indoor cultivation that bears significant environmental and social consequences. Indoor cultivation facilities require massive energy inputs, resulting in grid strain, pollution, and an increase in greenhouse gas emissions. Moreover, the placement of these facilities often occurs in historically marginalized low-income communities, furthering environmental injustice and social harms, as these areas are disproportionately affected by the pollutants emitted from the cultivation processes, such as molds, bacteria, …

“Today, The Constitution Prevails”: A History And Legacy Of Constitutional Racism, Zamir Ben-Dan

Cardozo Law Review

In a decision that surprised almost no one, the United States Supreme Court struck down the affirmative action programs at Harvard College and the University of North Carolina. The majority opinion recounted a jurisprudential history that started with the Fourteenth Amendment, jumped to Plessy v. Ferguson, and lingered on the progeny of Brown v. Board of Education. The opinion hailed Brown as the ultimate triumph, the case that spelled the beginning of the end of racism in America. It declared that the purpose of the Equal Protection Clause is to eliminate “all governmentally imposed discrimination based on race.” …

Law School News: Mandell-Boisclair Justice Camp Prepares Young Scholars To Become Future Lawyers, Social Justice Advocates 7-26-2024, Jordan J. Phelan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu School Of Law Social Justice Camp, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.