Law and Race Commons^™

Black-Owned Beef: Should Black Beef Producers Stake Space In Food Justice?, Shirah Dedman

Journal of Food Law & Policy

While there is growing interest in Black cowboys, the narrative is largely tethered to parades and urban and suburban saddle clubs, much like the fictional movie on Netflix, Concrete Cowboy. Missing from the narrative are today’s real Black cowboys: rural ranchers and farmers raising cattle for beef production and consumption.

Critical Race Theory: Faq, Candace Bond-Theriault

Center for Gender & Sexuality Law

CRT is not a comprehensive theory of law. Instead, it is an invitation to consider the role that law, even “good” civil rights laws, plays in the creation and maintenance of racial injustice.

Redressing The Past To Repair The Present: The Role Of Property Law In Creating And Exacerbating Racial Disparities In Wealth And Poverty In Nova Scotia, Melissa Marsman

LLM Theses

For over 200 years African Nova Scotians have been fighting to confirm legal title to the land on which their ancestors were settled. In 2020, the Nova Scotia Supreme Court remarked “the lack of clear title and the segregated nature of their land triggered a cycle of poverty for black families that persisted for generations.” Nova Scotia has a long history of obscure land titles; however, the ensuing cycle of poverty appears to have disproportionately impacted African Nova Scotians. This thesis reframes the African Nova Scotian land titles discourse into a broader understanding about systemic anti-Black racism and White supremacist …

Diversity’S Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran

Faculty Scholarship

As the United States Supreme Court considers the future of affirmative action in higher education, this Article reflects on a 2003 essay by Professor Derrick Bell, which provocatively argued that diversity is a distraction from other pressing problems of access to a bachelor’s degree. The Article evaluates his claims with a focus on Latinx students, a rapidly growing segment of the college-going population. Bell believed that diversity is a less compelling justification for the use of race in admissions than corrective justice is. As a result, he predicted persistent litigation over the constitutionality of affirmative action programs. That prediction certainly …

Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin

Texas A&M Law Review

The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to provide …

The Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight

Electronic Theses, Projects, and Dissertations

For a country that has been built on the legacy of freedom and the idea of individual rights, the United States has a history of legalizing oppressive policies and denying rights and freedom based on the color of one’s skin. As scholars take on the issue of Colorism within the American society, this thesis works to examine the origins of white supremacy and its legalization through the institutions of American enslavement and the era of Jim Crow. First examining the portrayal of those of African descent and its connection to white supremacy during the period of enslavement, this thesis relies …

Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter

All Dissertations

This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in …

Toward Evidence-Based Antiracist Policymaking: Problems And Proposals For Better Racial Data Collection And Reporting, Neda Khoshkhoo, Aviva Geiger Schwarz, Luisa Godinez Puig, Caitlin Glass, Geoffrey S. Holtzman, Elaine O. Nsoesie, Jasmine Gonzales Rose

Faculty Scholarship

The study of data concerning racial and ethnic inequities and disparities allows us to better understand experiences of racism, and to see more clearly how and where racism manifests. Studying the effects of racism, in turn, allows us to more easily identify racist policies, so that we can craft antiracist interventions.

Existing race and ethnicity data collection efforts are riddled with gaps and errors, including missing and incomplete data, insufficiently disaggregated data, lack of meaningful longitudinal data, infrequently updated data, non-standardized methodologies, and other problems. These deficiencies significantly hinder evidence-based antiracist policymaking.

This policy report examines the state of racial …

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

A Gardener's Tale: Confronting Racial Discrimination At The Intersection Of The School-To-Prison Pipeline And Adolescent Health, Sogand Falahatpour

Richmond Public Interest Law Review

Racism is a public health crisis and it is killing Black youth. Systemic racism

in education is a root cause of a long list of inequities faced by Black

youth. These inequities compound over the years and create extreme hurdles

to academic success and, in many cases, are hazardous to overall health.

The school-to-prison pipeline is a severe health equity issue affecting

Black children and adolescents. Racism is a core social determinant of health

that has a profound impact on child and adolescent health. Moreover, health

is not just an individual matter; institutional and structural forces influence

who has access …

Integrating Doctrine And Diversity Speaker Series: Auditing Your Syllabus & Classroom Materials 04-26-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Transcript, Zulene Mayfield, Carol Kazeem, Kearni Warren, Kyle Powis Whyte, Ana Baptista, Jacqui Patterson, Dorcas Gilmore

Panel III: Moving Forward

No abstract provided.

Transcript, Zulene Mayfield, Will Jones, Tyler White, Chantal Reyes, Maria Lopez-Nuñez, Steph Tai

Panel II: Reshaping EJ Law & Social Policy

No abstract provided.

Transcript, Zulene Mayfield, Louis Morse, Sheila Foster, Michael Churchill, Gilbert Carrasco, Mike Ewall

Panel I: Learning from Title VI

No abstract provided.

Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit

Public Land & Resources Law Review

Oklahoma v. Castro-Huerta challenges the reach of the United States Supreme Court’s landmark ruling in McGirt v. Oklahoma and tests the settled criminal jurisdiction scheme within Indian Country. On April 27, 2022, beginning at 10:00 a.m. EST., the U.S. Supreme Court will hear argument on the sole question of whether a state court has concurrent jurisdiction with a federal court to prosecute non-Indians who commit crimes against Indians in Indian country. The State of Oklahoma (“Petitioner”) argues that it has concurrent jurisdiction to prosecute such crimes. Castro-Huerta (“Respondent”) argues that the Court should adopt the current understanding that the …

Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley

Arkansas Law Review

"If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem." - Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the “Untouchables." Most Hindus view Dalits as belonging to the lowest rung in the ancient system of social stratification that impacts individuals across the globe called the caste system. Your people have endured human rights abuses for centuries, but luckily, neither you nor a loved one have ever been the victim of one of …

Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana R. Goodman

Brooklyn Law Review

People of color and women are underrepresented in science, technology, engineering and math (STEM) fields in the United States. Through both intentional and unintentional structural barriers, universities continue to lose valuable intellectual resources by perpetuating a lack of gender, racial, and ethnic diversity as people climb the academic ladder. Identifying racial and gender disparities between university campus populations and their patent representation quantifies the qualitatively observed systemic racism and sexism plaguing STEM. Without data quantifying the underrepresentation of women and people of color, specifically when protecting their intellectual property rights, universities cannot show that their programs designed to close these …

New York’S School Segregation Crisis: Open The Court Doors Now, Gus Ipsen

Brooklyn Law Review

New York has the most segregated public school system of any state in America. Nearly seven decades removed from the US Supreme Court’s seminal ruling in Brown v. Board of Education, New York has done little beyond clearing Brown’s baseline mandate of not explicitly segregating students on the basis of race. In part, the forces that shape admissions policies—politics, bigotry, and powerful parents, to highlight a few—have been left unchecked because the transcendent power of the state’s courts has been sealed off. In 2003, the New York Court of Appeals in Paynter v. State firmly shut the door on plaintiffs …

The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot

Honors College Theses

The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.