Thursday, May 25, 2017


[1]Racial Justice NOW (herein, RJN) is a community based organization made up of educators, parents, clergy, and grassroots activists. “Racial Justice Now (RJN) is a community activist organization dedicated to fighting institutional and systemic racism. By focusing on human rights, RJN seeks to empower other grassroots activists to challenge systemic racism by organizing and holding people in power accountable.” For More information: Zakiya Sankara-Jabar, http://racialjusticenow.org/ (Last Visited: December 14, 2015); RJN!Ohio, http://www.rjnohio.org/ (Last Visited: December 14, 2015).

[2] Professor Vernellia Randall, The University of Dayton, School of Law, Dayton, OH USA, This email address is being protected from spambots. You need JavaScript enabled to view it.

[3] See, Appendix B: Organizations endorsing this report.

[4] See, Appendix C: Individuals endorsing this report.

[5]Vilna Bashi Treitler, The Ethnic Project: Transforming Racial Fiction Into Ethnic Factions (2013).

[6]Thanks to Dr. Patricia Reid, Professor of History, University of Dayton for drafting this section.

[7]There is disagreement on the definition of the terms, but that disagreement does not distract from the issue presented by the report - that DAEUS are not adequately acknowledge or protected by the United States Government from anti-black racism.

[8]Not all of the slaveholder were in the south. The North just outlawed enslavement sooner.

[9] Scott Nakagawa, Blackness is the Fulcrum,

http://www.racefiles.com/2012/05/04/blackness-is-the-fulcrum/ (Last Visited: December 14, 2015).

[10]Project Implicit Bias, https://implicit.harvard.edu/implicit/demo/background/faqs.html#faq19 (Last Visited: December 14, 2015).

[11]Vernellia Randall, Dying While Black (2006).

[12]Central Intelligence Agency, World Factbook,

https://www.cia.gov/library/publications/resources/the-world-factbook/rankorder/2102rank.html (Last Visited: December 15, 2015).

[13]Randall, Dying While Black, supra note 8.

[14]For example, African American Rastafarian experience significant discrimination in the South Carolina corrections system.

[15]Article 1(1): “In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” Article 2-1(a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation. Article 2-1(b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations. Article 2-1(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization.

[16]Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964.

[17]532 US 275 (2001).

[18]Article 3: States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

[19]347 U.S. 483 (1954)

[20]Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964

[21]Lisa Wade, Race, rehabilitation and Private Prison, (Jan. 25, 2013)

http://thesocietypages.org/socimages/2013/01/25/race-rehabilitation-and-the-private-prison-industry/ (Last Visited: December 15, 2015).

[22]U.S. Department of Education Office for Civil Rights Civil Rights Data Collection: Data Snapshot (School Discipline) March 21, 2014

http://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf (Last Visited: December 14, 2015)

[23]Article 5(a): The right to equal treatment before the tribunals and all other organs administering justice; Article 5(b): The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution; Article 5(e) Economic, social and cultural rights, in particular: (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration; (ii) The right to form and join trade unions; (iii) The right to housing; (iv) The right to public health, medical care, social security and social services; (v) The right to education and training; (vi) The right to equal participation in cultural activities

[24]National Urban League, One Nation, Underemployed: Jobs, rebuild America, 2014 State of Black America, http://iamempowered.com/sites/all/themes/newiae/SOBA/SOBA2014_HTML5/SOBA2014-SinglePgs/index.html (Last Visited: December 14, 2015)

[25]Signe-Mary McKernan, Caroline Ratcliffe, Eugene Steuerle, and Sisi Zhang, Less Than Equal Racial Disparities in Wealth Accumulation, http://www.urban.org/UploadedPDF/412802-Less-Than-Equal-Racial-Disparities-in-Wealth-Accu mulation.pdf (Last Visited: December 15, 2015).

[26]Drew Desilver, 5 Facts about Economic Inequality, Pew Research Center, (January 7, 2014); http://www.pewresearch.org/fact-tank/2014/01/07/5-facts-about-economic-inequality/ (Last Visited: July December 15, 2015).

[27] U.S. Department of Education's Office for Civil Rights, Expansive Survey of America's Public Schools Reveals Troubling Racial Disparities (March 12, 2014) http://www.ed.gov/news/press-releases/expansive-survey-americas-public-schools-reveals-troubling-racial-disparities, (Last visited: December 15, 2015); National Education Policy Center, Seeing Past the “Colorblind” Myth of Education Policy: Why Policymakers Should Address Racial/Ethnic Inequality and Support Culturally Diverse Schools,

[28]Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2012); Bruce Drake, Incarceration gap widens between whites and blacks, Pew esearch Center (Sept. 6, 2013) http://www.pewresearch.org/fact-tank/2013/09/06/incarceration-gap-between-whites-and-blac ks-widens/ (Last Visited: December 15, 2015).

[29] Randall, Dying While Black, supra. 10.

[30]National Association of Real Estate Broker, The State of Housing in Black America (2013), http://www.nareb.com/shiba-report/ (Last Visited: December 15, 2015).

[31]Christian E. Weller and Jaryn Fields, The Black and White Labor Gap in America: Why African Americans Struggle to Find Jobs and Remain Employed Compared to Whites, Center for American Progress (July 25, 2011) ,http://cdn.americanprogress.org/wp-content/uploads/issues/2011/07/pdf/black_unemployment.pdf

(Last Visited: December 15, 2015).

[32]Sarah Treuhaft and Allison Karpyn, The Grocery Gap: Who Has Access to Healthy Food and Why It Matters, PolicyLink (2013) http://thefoodtrust.org/uploads/media_items/grocerygap.original.pdf (Last Visited: December 15, 2015)

[33]Appendix A: Black Farmers: It's Still About the land!, infra; USDA Extension Service at University of Arkansas

[34]Randall, Dying While Black, supra 10.

[35]National Urban League, State of Black America: Save Our Cities (2015) http://soba.iamempowered.com/graphicscharts/2015-graphicscharts(Last Visited: December 15, 2015).

[36]Walter Thomas Howard, Lynchings: Extralegal Violence in Florida During the 1930s, p. 18 (2005).

[37]Malcolm X Grassroots Movement, Operation Ghetto Storm: 2012 Annual report on the

Extrajudicial Killings of 33 Black People by Police, Secuirty Guards and Vigilantes (April 2013), http://mxgm.org/wp-content/uploads/2013/04/Operation-Ghetto-Storm.pdf (last Visited: December 15, 2015).

[38]Sophia Kerby, The Top 10 Most Startling Facts About People of Color and Criminal Justice in the United States A Look at the Racial Disparities Inherent in Our Nation’s Criminal-Justice System, (March 13, 2012) http://www.americanprogress.org/issues/race/news/2012/03/13/11351/the-top-10-most-startling-facts-about-people-of-color-and-criminal-justice-in-the-united-states/ (Last Visited: December 15, 2015).

[39]49Written by Cynthia McKinney, Former United States Representative.

[40]50 See for example, Decline of Black Farming in America, United States Commission on Civil Rights, Washington, D.C., February 1982 and The Minority Farmer: A Disappearing American Resource. Has the Farmers Home Administration Been the Primary Catalyst? H.R. Res. No. 101-984 (1990).

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Vernellia R. Randall
Professor Emerita of Law

The University of Dayton
School of Law
Dayton, OH 45469-2772
This email address is being protected from spambots. You need JavaScript enabled to view it.

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