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Race, Racism and the Law

Law Review Articles and Journals

Tuesday, January 23, 2018  

VRR2018This is a list of law review and journal articles on race and racism for December 2017.  The list includes 53 articles. Each of the articles used the term race, racism, discrimination, Black or African. Below is a list of 10 articles that we found the most interesting. We chose the articles based on the title alone. If you are a Patreon, please vote on which of the selected articles you would like to see a longer abstract.

1.    AFRICAN IMMIGRANTS, INTERSECTIONALITY, AND THE INCREASING NEED FOR VISIBILITY IN THE CURRENT IMMIGRATION DEBATE

2.    CHALLENGING EXCESSIVE FORCE: WHY POLICE OFFICERS DISPROPORTIONATELY EXERCISE EXCESSIVE FORCE TOWARDS BLACKS AND WHY THIS SYSTEMIC PROBLEM MUST END

3.    DNA, RACIAL DISPARITIES, AND BIASES IN CRIMINAL JUSTICE: SEARCHING FOR SOLUTIONS

4.    FLEEING WHILE BLACK: HOW MASSACHUSETTS RESHAPED THE COUNTOURS OF THE TERRY STOP

5.    LAWFUL GUN CARRIERS (POLICE AND ARMED CITIZENS): LICENSE, ESCALATION, AND RACE

6.    RACE, LAW, AND HEALTH DISPARITIES: TOWARD A CRITICAL RACE INTERVENTION

7.    SEPARATE BUT (UN)EQUAL: WHY INSTITUTIONALIZED ANTI‑RACISM IS THE ANSWER TO THE NEVER‑ENDING CYCLE OF PLESSY v. FERGUSON

8.    THE COLOR OF FEAR: A COGNITIVE‑RHETORICAL ANALYSIS OF HOW FLORIDA'S SUBJECTIVE FEAR STANDARD IN STAND YOUR GROUND CASES RATIFIES RACISM

9.    THE EVERYDAY ECONOMIC VIOLENCE OF BLACK LIFE

10.   THE RACIAL ORIGINS OF THE SUPREME COURT'S DEATH PENALTY OVERSIGHT


"CAN I TOUCH YOUR HAIR?" EXPLORING DOUBLE BINDS AND THE BLACK TAX IN LAW SCHOOL

University of Pennsylvania Journal of Law and Social Change 2017 20 U. Pa. J. L. & Soc. Change 29 Janee T. Prince

INTRODUCTION. 29 I. THE LAWYERS. 31 A. Passed The Bar: Black Women Lawyers from Past to Present. 31 B. Behind The Bar: Black Women Law Students. 35 II. THE SURVEY. 36 A. Response Rates. 38 B. Potential Career Paths. 38 C. Networking: The Value of Human Capital. 39 D. Indicators of Racial and Gender Bias. 41 E. Law Schools. 43 III. CONCLUSION. 48

"IT'S SET UP FOR FAILURE ? AND THEY KNOW THIS!": HOW THE SCHOOL‑TO‑PRISON PIPELINE IMPACTS THE EDUCATIONAL EXPERIENCES OF STREET IDENTIFIED BLACK YOUTH AND YOUNG ADULTS

Villanova Law Review 2017 62 Vill. L. Rev. 307 Yasser Arafat Payne , Tara Marie Brown

I had dropped out in the 10th grade .  cause, I was bad . all I wanted to do was crimes and fight and sell drugs. Like, school wasn't for me .. Before I got into that type of phase, a lot of my teachers were disrespectful, [and they] told me that I wouldn't be successful. I've even been hit by teachers. And, I've always been a very smart, educated...

"WHEN MEN AMONGST US, SHALL CEASE TO BE SLAVES"

Judicial Notice 2017 12 Jud. Notice 42 Craig A. Landy

In honor of the 150 anniversary of the Emancipation Proclamation, President Barack Obama called upon all Americans to observe January 1, 2013 with appropriate ceremonies and activities to celebrate the proclamation and the timeless principles it upheld. Over the years, however, celebration of the Emancipation Proclamation has eclipsed another..

 HAIR' TODAY, GONE TOMORROW: HOW IMMUTABLE TRAITS MAY BECOME THE NEW FACE OF DISCRIMINATION AS INTERPRETED IN EQUAL EMPLOYMENT OPPORTUNITY COMM'N v. CATASTROPHE MGMT. SOLS.

North Carolina Central Law Review 2017 39 N.C. Cent. L. Rev. 166 Cortney Bryson

A melting pot of cultures, a melange of ethnicities, a smorgasbord of races, nationalities, and styles. Welcome to the twenty‑first century of the United States of America, a place where citizens are afforded constitutional protections as to forgo judgment or discrimination based on unique traits that make Americans American, or so we were prompted...m...

A COLORBLIND DISCOURSE ANALYSIS OF HIGHER EDUCATION RACE‑CONSCIOUS ADMISSIONS IN A "POST‑RACIAL" SOCIETY

North Dakota Law Review 2017 92 N.D. L. Rev. 551 David H.K. Nguyen , LaWanda Ward

While the United States Supreme Court held in Fisher v. University of Texas at Austin that the University's admissions plan was constitutional and that race‑conscious admissions policies are still permissible, the movement to eliminate the consideration of race in college and university admissions is still going strong in current litigation against...

AFRICAN IMMIGRANTS, INTERSECTIONALITY, AND THE INCREASING NEED FOR VISIBILITY IN THE CURRENT IMMIGRATION DEBATE

Columbia Journal of Race and Law 2017 7 Colum. J. Race & L. 373 Bolatito Kolawole

Africans are one of the fastest growing immigrant groups in the United States, yet their presence receives very little attention in public discourse about immigration. In an era where America's immigration policies have grown increasingly insular, African immigrants are particularly at risk of having measures that historically facilitated their...

BIAS IN BLUE: INSTRUCTING JURORS TO CONSIDER THE TESTIMONY OF POLICE OFFICER WITNESSES WITH CAUTION

Pepperdine Law Review 2017 44 Pepp. L. Rev. 245 Vida B. Johnson

Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact‑finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no...

BRIDGING OUR JUSTICE GAP WITH EMPATHIC PROCESSES THAT CHANGE HEARTS, EXPAND MINDS ABOUT IMPLICIT DISCRIMINATION

Ohio State Journal on Dispute Resolution 2017 32 Ohio St. J. on Disp. Resol. 441 Elayne E. Greenberg

Introduction II. Empathy Helps Mitigate the Effects of Implicit Bias A. What is Implicit Bias? B. The Link Between Empathy and Implicit Bias C. Understanding Empathy 1. Empathy: The Developmental Perspective 2. Empathy: A Measure of Our Emotional Intelligence 3. Empathy: The Neurological Perspective 4. Empathy: The Evolutionary Perspective 5....

CHALLENGING EXCESSIVE FORCE: WHY POLICE OFFICERS DISPROPORTIONATELY EXERCISE EXCESSIVE FORCE TOWARDS BLACKS AND WHY THIS SYSTEMIC PROBLEM MUST END

Alabama Civil Rights & Civil Liberties Law Review 2017 8 Ala. C.R. & C.L. L. Rev. 93 Devan Byrd

Because of the national attention on the Black Lives Matter movement, legal literature has focused on examining the absence of charges and the acquittals of police officers and vigilantes responsible for Black deaths. In particular, administrative agencies, academics, and courts are currently debating the sufficiency of the federal...

DARK INNOCENCE: RETRAINING POLICE WITH MINDFULNESS PRACTICES TO AID IN SQUELCHING IMPLICIT BIAS

University of San Francisco Law Review 2017 51 U.S.F. L. Rev. 103 Cristal Harris

I was suddenly woken to yells and screams. I shared a bunk bed with my cousin. I had not heard much except "Leonard Brown!" "It ain't him! She ain't him!" My eyes went ablaze searching around frantically. Dreams broken to reality. There were guns everywhere. Men like giants. Deadly black pieces of metal drawn, ready to shoot at whoever dared move...

DIVERSITY, QUALIFICATIONS, AND IDEOLOGY: HOW FEMALE AND MINORITY JUDGES HAVE CHANGED, OR NOT CHANGED, OVER TIME

Wisconsin Law Review 2017 2017 Wis. L. Rev. 367 Maya Sen

Ever since the Carter Administration began appointing female and minority judges in large numbers, scholars have sought to measure their impact. In this Article, I focus on a different, but equally important question: what is the background and ideology of female and minority judges and how has this changed over time? I address this issue...

DNA, RACIAL DISPARITIES, AND BIASES IN CRIMINAL JUSTICE: SEARCHING FOR SOLUTIONS

Albany Law Journal of Science and Technology 2017 27 Alb. L.J. Sci. & Tech. 95 Jennifer K. Wagner

"[W]e remain imprisoned by the past as long as we deny its influence in the present." ~Justice Brennan "The human genome underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity." ~Universal Declaration on the Human Genome and Human Rights I. Maryland v. King. 99 Facts...

FINDING COMMON GROUND ACROSS RACE AND RELIGION: JUDICIAL CONCEPTIONS OF POLITICAL COMMUNITY IN PUBLIC SCHOOLS

Utah Law Review 2017 2017 Utah L. Rev. 531 Stuart Chinn

This article opens with a brief discussion of the recent controversies over race, inclusion, and community on American college campuses, focusing on the events at Yale University during the 2015 fall semester. Yale's controversy is fascinating as one of the most recent, high‑profile events that invites a discussion of a deep and persistent issue in...

FLEEING WHILE BLACK: HOW MASSACHUSETTS RESHAPED THE COUNTOURS OF THE TERRY STOP

American Criminal Law Review Online 2017 54 Am. Crim. L. Rev. Online 42 Terrence Scudieri

In its recent opinion in Commonwealth v. Warren, the Massachusetts Supreme Judicial Court stated that when a black male flees from a Field Interrogation Operation ("FIO"), such flight "is not necessarily probative of a suspect's state of mind or consciousness of guilt." The court found that because men of color are frequent subjects of racial...

FROM STATUS TO AGENCY: ABOLISHING THE "VERY SPIRIT OF SLAVERY"

Columbia Journal of Race and Law 2017 7 Colum. J. Race & L. 245 Herman N. Johnson Jr.

In response to challenges that the disparate impact doctrine violates the Fourteenth Amendment's Equal Protection Clause, the Thirteenth Amendment provides a constitutional foundation that deflects the equal protection argument. Early interpreters of the Thirteenth Amendment envisioned the provision as a means to abolish chattel as well as civil...

HOW A TARGETED TRIGGERING APPROACH CAN REPAIR THE VOTING RIGHTS ACT: CONGRESS CAN ELIMINATE THE BLIGHT OF VOTING DISCRIMINATION ONCE AND FOR ALL!

Mississippi Law Journal 2017 85 Miss. L.J. 1163 Joaquin G. Avila, Barbara Phillips, Molly Matter

On June 25, 2013, the Supreme Court invalidated the triggering coverage formula for the most effective voting rights legislation ever enacted: Section 5 of the Voting Rights Act of 1965. From a historical perspective, Shelby County v. Holder represents the culmination of a sordid history of decisions by the Supreme Court starting with Dred Scott v....

HOW POLITICAL IDEOLOGY UNDERMINES RACIAL AND GENDER DIVERSITY IN FEDERAL JUDICIAL SELECTION: THE PROSPECTS FOR JUDICIAL DIVERSITY IN THE TRUMP YEARS

Wisconsin Law Review 2017 2017 Wis. L. Rev. 345 Kevin R. Johnson

This Essay considers the relationship between efforts to increase the racial and gender diversity of the federal judiciary and the contemporary contentiousness of the Senate judicial confirmation process. Part I briefly evaluates the benefits of a diverse federal judiciary and summarizes the relatively successful efforts of President Obama‑‑the....

IMMIGRANT LAWYERS AND SLAVERY IN TERRITORIAL NEW ORLEANS

Tulane European and Civil Law Forum 2017 31/32 Tul. Eur. & Civ. L.F. 33 Kenneth Aslakson

On March 20, 1804, six men appeared in the newly created Court of Pleas in New Orleans, the first court of the Territory of Orleans, to present their licenses from the Governor‑General to practice law and to swear an oath. Nine years later, seven other men swore to "demean [themselves] honestly in the practice as counsellor or attorney" in the...

IMPLICIT STEREOTYPING AS UNFAIR PREJUDICE IN EVIDENCE LAW

University of Chicago Law Review Online 2017 83 U. Chi. L. Rev. Online 174 Ted Sampsell‑Jones

Evidence law seeks to improve the accuracy of the fact‑finding process in jury trials. The system is human and therefore imperfect. Juries sometimes convict the innocent and sometimes acquit the guilty. The goal of evidence law is to minimize these mistakes, at least as much as humanly possible. Evidence law functions largely through exclusionary...

INTELLECTUAL DISABILITY, INNOCENCE, RACE, AND THE FUTURE OF THE AMERICAN DEATH PENALTY

Human Rights 2017 42 Hum. Rts. 10 John H. Blume

In 2002, the Supreme Court held in Atkins v. Virginia, 536 U.S. 304 (2002), that persons with intellectual disability (then referred to as mental retardation) may not be sentenced to death or executed. The Court concluded that doing so could no longer be tolerated by the Eighth Amendment's prohibition against cruel and unusual punishments. The...


JOSEPHINE (A SLAVE) v. THE STATE OF MISSISSIPPI

Mississippi Law Journal 2017 86 Miss. L.J. 273 Michael P. Mills

Introduction. 273 I. The Lawyers. 280 II. Into the Breach. 282 III. The Second Trial. 289 IV. A Higher Authority. 300 V. The Story Continues. 302 VI. A Lady in Waiting. 308 Conclusion. 311

JUSTICE FOR ALL: WHY THE GERSMAN v. GROUP HEALTH ASSOCIATION ANALYSIS FOR STANDING SHOULD BE UNIVERSALLY ADOPTED FOR CASES INVOLVING COMPANIES ASSERTING RACIAL DISCRIMINATION CLAIMS

Rutgers Race & the Law Review 2017 18 Rutgers Race & L. Rev. 29 William Wyatt Allen

Is a company a faceless race‑less construction of the state, an extension of the identity of its members, or something completely different? This is a question the Supreme Court may ultimately have to address in order to determine whether a company has standing to bring a suit alleging racial discrimination. The lower federal courts have adopted..

LAWFUL GUN CARRIERS (POLICE AND ARMED CITIZENS): LICENSE, ESCALATION, AND RACE

Law and Contemporary Problems 2017 80 Law & Contemp. Probs. 209 Nicholas J. Johnson

We take lawful gun carriers for granted‑‑at least some of them. We are acclimated to armed men and women in uniforms. We accept that those people are charged with enforcing rules that our society has agreed on, including the possibility that state agents might use guns to enforce those rules. In a broad range of circumstances, we validate the...

LIVE BLACK ? RETIRE POOR ? DIE EARLY: HOW SOCIAL SECURITY AS AN INSTITUTION CONTINUES TO PERPETUATE THE SOCIAL RACISM OF THE 1930S

Elder Law Journal 2017 24 Elder L.J. 487 Joseph Robinson Jr.

Social Security has a disparate impact on minorities. The expected rate of return for a white twenty‑year‑old male is over twice the rate of return that an African‑American twenty‑year‑old male can expect. Legislative history and the circumstances surrounding the passing of the Social Security Act of 1935 indicate that there was intent to...


NEURORHETORIC, RACE, AND THE LAW: TOXIC NEURAL PATHWAYS AND HEALING ALTERNATIVES

Maryland Law Review 2017 76 Md. L. Rev. 663 Lucy Jewel

Persuasion happens in both the brain and the body. Departing from a Cartesian view of rationality, neuroscience explains that the mind and the body are highly integrated. It is a fallacy to believe that we engage with arguments in an abstract, analytical, and unemotional fashion. Instead, neuroscience explains that when rhetoric influences us, it...

POLICE FATALLY SHOOT UNARMED AFRICAN‑AMERICAN TEEN

Trial January, 2018 54‑JAN Trial 12

On the morning of Feb. 8, 2016, a 911 dispatcher called the Austin Police Department to report a disturbance at an apartment complex. The dispatcher told police that no weapons were involved and that nobody was hurt. Officer Geoffrey Freeman responded to the call. As Freeman was driving through the neighboring streets searching for the suspect, he...

PROVING HATE: THE DIFFICULTIES OF SUCCESSFULLY PROSECUTING BIAS‑MOTIVATED CRIMES

Suffolk Journal of Trial and Appellate Advocacy 2016‑2017 22 Suffolk J. Trial & App. Advoc. 273 Shirin Afsous

Introduction. 273 II. Hate Crimes and the Constitution. 277 III. Hate Crime Legislation. 279 IV. Investigating Hate Crimes. 283 V. Prosecuting Hate Crimes. 286 A. The Prosecutor's Burden Of Proof. 287 B. Jury Selection. 290 VI. Conclusion. 291

RACE AND OBJECTIVE REASONABLENESS IN USE OF FORCE CASES: AN INTRODUCTION TO SOME RELEVANT SOCIAL SCIENCE

Alabama Civil Rights & Civil Liberties Law Review 2017 8 Ala. C.R. & C.L. L. Rev. 145 Ariela Rutbeck‑Goldman, L. Song Richardson

Introduction. 145 II. Implicit Racial Bias and Implicit White Favoritism. 147 A. Biased Evaluations of Ambiguous Evidence. 151 B. Biased Memories. 154 III. Implicit Dehumanization. 156 IV. The Empathy Gap. 157 V. Superhumanization Bias. 159 VI. Status and Perceptions of Pain. 160 VII. Conclusion. 162


RACE, LAW, AND HEALTH DISPARITIES: TOWARD A CRITICAL RACE INTERVENTION

Annual Review of Law and Social Science 2017 13 Ann. Rev. L. & Soc. Sci. 313 Osagie K. Obasogie , Irene Headen , Mahasin S. Mujahid

health disparities, health equity, critical race theory, social determinants In response to persistent and pervasive differences in health across racial and ethnic groups in the United States, there is a national commitment to achieving health equity, or optimal levels of health for all. Achieving health equity and eliminating health disparities is...

RACE, LAW, AND INEQUALITY, 50 YEARS AFTER THE CIVIL RIGHTS ERA

Annual Review of Law and Social Science 2017 13 Ann. Rev. L. & Soc. Sci. 331 Frank W. Munger , Carroll Seron

race, racism, structural inequality, persistent inequality, law, policy, discrimination, mass incarceration Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism....

RACE, RHETORIC, AND JUDICIAL OPINIONS: MISSOURI AS A CASE STUDY

Maryland Law Review 2017 76 Md. L. Rev. 696 Brad Desnoyer , Anne Alexander

On November 9, 2015, the president of the University of Missouri System resigned after "months of escalating racial tension surrounding high‑profile incidents on the flagship campus." The resignation and events preceding it, including a graduate student's hunger strike and a threatened boycott by the University of Missouri's football team, prompted......

RACING ABNORMALITY, NORMALIZING RACE: THE ORIGINS OF AMERICA'S PECULIAR CARCERAL STATE AND ITS PROSPECTS FOR DEMOCRATIC TRANSFORMATION TODAY

Northwestern University Law Review 2017 111 Nw. U. L. Rev. 1625 Jonathan Simon

Abstract‑‑For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and...

RACING TO NEUTRALITY: HOW RACE‑NEUTRAL ADMISSIONS PROGRAMS THREATEN THE FUTURE USE OF RACE‑BASED AFFIRMATIVE ACTION IN HIGHER EDUCATION

Texas Tech Law Review Online Edition 2017 49 Tex. Tech L. Rev. Online Edition 109 Kylie Rahl

Missing the Mark: An Introduction. 110 II. No Shortcuts Allowed: How Affirmative Action Programs Veered Off Course. 112 A. Starting on the Right Track: The Executive Branch's Role in Creating Affirmative Action. 112 B. Coaching the Participants: Affirmative Action in the Judiciary. 113 1. The Equal Protection Clause. 114 2. Strict Scrutiny. 115...

RECONSIDERING PRE‑INDICTMENT PUBLICITY: RACIALIZED CRIME NEWS, GRAND JURIES AND TAMIR RICE

Alabama Civil Rights & Civil Liberties Law Review 2017 8 Ala. C.R. & C.L. L. Rev. 1 Bryan Adamson

Introduction. 2 II. Tamir Rice's Death. 7 A. Cudell Center, November 22, 2014. 7 B. Judge Adrine's Advisory Opinion on the Existence of Probable Cause to Indict Loehmann and Garmback. 11 C. The Loehmann‑Garmback Grand Jury. 12 D. Conclusion. 16 III. Grand Juries and Media Publicity. 17 A. Conclusion. 21 IV. Impacts of Exposure to Pre‑Indictment...

RED AND WHITE, BLACK AND BLUE: AN EXAMINATION OF THE SUPREME COURT'S RACIAL GERRYMANDERING JURISPRUDENCE FOLLOWING COOPER v. HARRIS

Denver Law Review Online 2017 94 Denv. L. Rev. Online 426 Joel L. Hamner

On May 22, 2017, the United States Supreme Court found that the North Carolina state legislature improperly gerrymandered two congressional districts by considering race as the predominant factor when redrawing district lines in 2011. Applying a "clearly erroneous" standard of review, the Court unanimously upheld the district court's decision to...

REMOVING RACE FROM THE JURY DELIBERATION ROOM: THE SHORTCOMINGS OF PE¥A‑RODRIGUEZ v. COLORADO AND HOW TO ADDRESS THEM

University of Richmond Law Review January, 2018 52 U. Rich. L. Rev. 475 Lauren Crump

Justice Kennedy began his recently decided Pe¤a‑Rodriguez v. Colorado majority opinion by saying, "The jury is a central foundation of our justice system and our democracy." The case grappled with the question of whether the long‑standing federal rule that jury members cannot testify about any aspect of the deliberation process should give way in...

SEPARATE BUT (UN)EQUAL: WHY INSTITUTIONALIZED ANTI‑RACISM IS THE ANSWER TO THE NEVER‑ENDING CYCLE OF PLESSY v. FERGUSON

University of Richmond Law Review January, 2018 52 U. Rich. L. Rev. 327 Maureen Johnson

Do as I say, not as I do. For decades, Plessy v. Ferguson has been identified as one of the worst decisions ever handed down by the Supreme Court. In a near unanimous opinion, the Justices found nothing unconstitutional about a law that required African Americans to ride in a separate boxcar from their white counterparts. In fact, the ruling even...

STUDENT SURVEILLANCE, RACIAL INEQUALITIES, AND IMPLICIT RACIAL BIAS

Emory Law Journal 2017 66 Emory L.J. 765 Jason P. Nance

In the wake of high‑profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the...

TAKING A STEP BACK: RACIAL INJUSTICE IN AMERICA

Kentucky Law Journal 2016‑2017 105 Ky. L.J. 671 Mark Peffley , Jeffery Mondak

C1‑2Table of Contents Table of Contents. 671 Introduction. 672 I. The Racial Divide in Personal Experiences. 673 II. Attributions of Racial Disparities in Punishment. 677 Conclusion. 682

THE COLLATERAL CONSEQUENCES OF ACQUITTAL: EMPLOYMENT DISCRIMINATION ON THE BASIS OF ARRESTS WITHOUT CONVICTIONS

University of Pennsylvania Journal of Law and Social Change 2017 20 U. Pa. J. L. & Soc. Change 81 Benjamin D. Geffen

Lawmakers, advocates, and scholars have trained a great deal of attention on the collateral consequences of criminal convictions, particularly the effects of conviction on employment. This article focuses on an overlooked problem: employers' widespread use of non‑convictions, including acquittals, to reject job applicants or fire employees. Using...

THE COLOR OF FEAR: A COGNITIVE‑RHETORICAL ANALYSIS OF HOW FLORIDA'S SUBJECTIVE FEAR STANDARD IN STAND YOUR GROUND CASES RATIFIES RACISM

Maryland Law Review 2017 76 Md. L. Rev. 726 Elizabeth Esther Berenguer

It must be remembered that the visibility of race was used as a tool to consolidate domination, to seize land, and to recruit and extract mass labor. All this is still going on today. The racism of the past is still active in the present. Alicia Garza, Opal Tometi, and Patrisse Cullors created #BlackLivesMatter movement as "a response to the...

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THE EVERYDAY ECONOMIC VIOLENCE OF BLACK LIFE

Journal of Affordable Housing & Community Development Law 2017 25 J. Affordable Housing & Community Dev. L. 275 Renee C. Hatcher

Ferguson's Fault Lines: The Race Quake That Rocked a Nation Kimberly Jade Norwood, Editor American Bar Association 276 pages, $24.95 There are two Fergusons. There are two Americas. We cannot change this reality unless we first acknowledge it. ‑‑Kimberly Jade Norwood The truth about the racism and brutality of the police has broken through the veil...

THE FORBIDDEN FRUIT OF ALABAMA LEGISLATIVE BLACK CAUCUS v. STATE OF ALABAMA: RACIAL PREDOMINANCE IN REDISTRICTING

Mississippi Law Journal 2017 85 Miss. L.J. 1093 Benjamin E. Griffith, Lauren E. Ward

Introduction. 1095 I. Background. 1096 A. Sauce for the Goose. 1096 B. Alabama Legislative Black Caucus v. State of Alabama. 1097 C. Immediate Aftermath of Alabama Legislative Black Caucus. 1099 II. Racial Maximization. 1100 A. Racial Assignments from Gomillion to UJO. 1102 B. A New Analytical Framework. 1104 C. Skepticism About Expressive Harm and...

THE MEANING OF "EQUAL": EVOLUTION OF RACIAL EQUALITY IN THE UNITED STATES

Florida Journal of International Law 2017 29 Fla. J. Int'l L. 285 Jon L. Mills

I. From the Plantation South to Plessy v. Ferguson. 286 II. Separate but Equal. 287 III. Through the Looking Glass of Marbury v. Madison. 288 IV. Brown v. Board of Education‑‑The Courts, The Rule of Law, and Reality. 289 V. A Change is Gonna Come. 294 VI. Making the Change‑‑"Burning Crosses". 294 VII. Conclusion. 298

THE PROGRESSIVES: RACISM AND PUBLIC LAW

Arizona Law Review 2017 59 Ariz. L. Rev. 947 Herbert Hovenkamp

American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds....

THE RACIAL ORIGINS OF THE SUPREME COURT'S DEATH PENALTY OVERSIGHT

Human Rights 2017 42 Hum. Rts. 14 Carol S. Steiker, Jordan M. Steiker

Editor's Note: In their book Courting Death: The Supreme Court and Capital Punishment (Belknap Press of Harvard University Press 2016). Professors Carol Steiker and Jordan Steiker chronicle and evaluate the Supreme Court's constitutional regulation of capital punishment, which began in earnest with the Court's short‑lived constitutional abolition...

THE RELEGATION OF POLARIZATION

University of Chicago Law Review Online 2017 83 U. Chi. L. Rev. Online 160 Nicholas O. Stephanopoulos

Section 2 of the Voting Rights Act (VRA)‑‑the crucial provision banning racial vote dilution‑‑does not mention racial polarization in voting. Nor does polarization feature prominently in the list of factors included in the Senate report accompanying the Act; it is addressed by just one of the list's ten or so items. Nevertheless, thanks to the...

THE SMUG ASSUMPTION OF REVERSE DISCRIMINATION: ABIGAIL FISHER AND FISHER v. UNIVERSITY OF TEXAS AT AUSTIN

Kentucky Law Journal 2016‑2017 105 Ky. L.J. 705 R. Nicholas Rabold

"Thus it is not enough just to open the gates of opportunity. All our citizens must have the ability to walk through those gates." Many expected Fisher v. University of Texas at Austin (Fisher I), 133 S. Ct. 2411 (2013)‑‑an appeal from the Court of Appeals for the Fifth Circuit upholding the University of Texas at Austin's race‑conscious admissions...

THE STATUS QUO OF RACIAL DISCRIMINATION IN JAPAN AND THE REPUBLIC OF KOREA AND THE NEED TO PROVIDE FOR ANTI‑DISCRIMINATION LAWS

Columbia Journal of Race and Law 2017 7 Colum. J. Race & L. 410 Yujin Yi

Japan and the Republic of Korea, two neighboring nations situated in East Asia, have homogenous demographics. Both societies face large influxes of foreigners‑‑from immigration and tourism alike‑‑due to various factors ranging from rapidly aging populations, low birth rates, and globalization. Despite this, neither country has sufficient legal...

TWENTY‑ONE MONTHS A SLAVE: CORNELIUS SINCLAIR'S ODYSSEY

Mississippi Law Journal 2017 86 Miss. L.J. 457 Judson E. Crump , Alfred L. Brophy

Introduction. 458 I. The Enslavement. 459 II. Redemption: "in the cause of humanity". 464 A. The Freedom Suit. 474 B. Petition for Freedom, by Cornelius Sinclair, a boy of Colour. 474 III. Interpreting the Tuscaloosa Freedom Suit. 479 A. The Central Tendency of Southern Slave Law. 479 B. Questioning the Boundaries of Southern Law: The Secondary.....

USING DRONES TO FIGHT SLAVERY IN THE FIELDS: AN EXAMINATION OF THE PRACTICALITY AND CONSTITUTIONALITY OF APPLYING 21ST CENTURY TECHNOLOGY TO A 21ST CENTURY PROBLEM

Hastings Environmental Law Journal Winter, 2018 24 Hastings Envtl. L.J. 157 Claire Wilkens

The "original sin" of America hasn't disappeared. . agriculture has been a bad egg forever. These are the people who brought us slavery the first time. Since slavery has been abolished, there has been one ruse after another, like tenant farming, chain‑gang labor . one guest‑worker program after another. The connection between whether and how food...

UTILIZING JUDICIAL DISCRETION TO ADDRESS DISPROPORTIONATE MINORITY CONTACT

Rutgers Race & the Law Review 2017 18 Rutgers Race & L. Rev. 181 Farah Rahaman

Beginning in the early nineties, America saw a drastic decrease in the occurrence of violent crimes, such as rape, murder, and robbery. Despite decreasing crime rates, youth of color continue to be disproportionately incarcerated. This note explores many factors that have led to the disproportionate representation of youth of color in the juvenile...

WRONGFUL TERMINATION, DISCRIMINATION

Trial January, 2018 54‑JAN Trial 12

Edna Comedy, an African‑American woman, was hired to work as Central Washington University's chief human resources officer. From the outset, a white male colleague allegedly mistreated Comedy, including refusing to collaborate with her on critical issues, preventing her from presenting ideas to the university president, and commenting about her...

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