Rethinking the Fourth Amendment: Race, Citizenship & the Equality Principle I
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The Case of Proposition 227 and the Ban on Bilingual Education
Discrimination by Proxy: The Case of Proposition 227 and the Ban on Bilingual Education Kevin R Johnson' & George A. Martinez It's dump on Latino time again.' INTRODUCTION In 1998, the California voters, by a sixty-one to thirty-nine per- cent margin, passed Proposition 227,2 a ballot initiative innocu- ously known as "English for the Children."3 This measure in effect prohibits bilingual education programs for non-English speakers in the state's public school system. This Article contends that this pernicious initiative violates the Equal Protection Clause of the * Associate Dean of Academic Affairs and Professor of Law, University of California, Davis School of Law. A.B., University of California at Berkeley; J.D., Harvard University. Thanks to Dean Rex Perschbacher for financial and other support. The authors thank Marion Cobar, U.C. Davis 2000, and Rogelio Villagrana, 2002, for able research assistance that made this article possible. We also thank our editor, Sharon Fiedler, for her hard work. Christopher David Ruiz Cameron, Mary Romero, and Sylvia Lazos offered helpful, although often critical, comments. ** Professor of Law, Southern Methodist University; BA, Arizona State University; MA (Philosophy), University of Michigan; J.D., Harvard University. Thanks to Dean John Attanasio, Southern Methodist University, and the Smart Legal Education Endowment for providing a summer research grant to support my research on this project. ' Don Terry, Bilingual Education Facing Toughest Test N.Y. TIMES, Mar. 10, 1998, at Al (quoting Antonia Hernandez, Executive Director and General Counsel for the Mexican American Legal Defense and Educational Fund, commenting on Proposition 227). 2 See CAL. -
Books Julius Lester MALCOLM X AS ICON
Books Putting on the T-shirt that morning, I was also Julius Lester feeling the kind of anger you need to stay sane; periodic anger; cleansing, defining rage. Some- MALCOLM X AS ICON times one needs this—these Black acts. The form is an aggressive racial pride. The spoken MALCOLM X IN OUR OWN IMAGE, Joe Wood, content is an expression of racial superiority. (Notice editor. St. Martin's Press, 1993. 246 pp., $18.95. especially the contempt toward other blacks in the phrase "those southern Black people and their Whites.") The unspoken content is, however, racial It is a strange time, indeed, when a dead man is inferiority. Only those who feel themselves to be brought back from the grave to inspire the living. As without moral substance would feel " 'real' Black, far as we know, such an act of resurrection costs the lean and competitive with the rest" by wearing a dead nothing. It might even be a source of T-shirt. amusement in an otherwise drear eternity. But what Earlier in the essay, Wood poignantly describes does it say of the living? the angst of the contemporary black ethos. The ascendancy of Malcolm X as a political icon In these hungry times, many African-Americans bespeaks much about a vacuity in the political and are hungry for an honorable sanctuary. When intellectual leadership of black America, a leader- used as a shelter—as a tool for emotional ship that all too often has played the roles of drum alliance—spirit, despite being fragile as a ghost, majors and majorettes in the cause of a black racial helps people weather alienation, despair, and mystique. -
Jim Crow Ethics and the Defense of the Jena Six Anthony V
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2009 Jim Crow Ethics and the Defense of the Jena Six Anthony V. Alfieri University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Law and Race Commons, and the Law and Society Commons Recommended Citation Anthony V. Alfieri, Jim Crow Ethics and the Defense of the Jena Six, 94 Iowa L. Rev. 1651 (2009). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. Jim Crow Ethics and the Defense of the Jena Six Anthony V Alfieri* "Remember/The days of bondage" 1 ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish,Louisiana. The series, in turn, is part of a larger, ongoing project investigatingthe role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil- rights and criminal-justicestrategies in cases of racially-motivatedviolence. To that end, this Article revisits the prosecution and defense of theJena Six in the hope of uncovering the professional norms of practice under de jure and defacto conditions of racialsegregation, a set of norms I callJim Crow legal ethics. -
Mass Incarceration: an Annotated Bibliography Nicole P
Roger Williams University Law Review Volume 21 Issue 2 Vol. 21: No. 2 (Spring 2016) Symposium on Article 11 Mass Incarceration Spring 2016 Mass Incarceration: An Annotated Bibliography Nicole P. Dyszlewski Roger Williams University School of Law Lucinda Harrison-Cox Roger Williams University School of Law Raquel Ortiz Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/rwu_LR Part of the Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Dyszlewski, Nicole P.; Harrison-Cox, Lucinda; and Ortiz, Raquel (2016) "Mass Incarceration: An Annotated Bibliography," Roger Williams University Law Review: Vol. 21: Iss. 2, Article 11. Available at: http://docs.rwu.edu/rwu_LR/vol21/iss2/11 This Book Note is brought to you for free and open access by the School of Law at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. MASS INCARCERATION ANNOTATED BIB_FINALEDITWORD.DOCX (DO NOT DELETE) 4/22/2016 12:08 AM Mass Incarceration: An Annotated Bibliography Nicole P. Dyszlewski, Lucinda Harrison-Cox, and Raquel Ortiz* INTRODUCTION The term “mass incarceration” has been used to describe America’s contemporary hyper-incarceration or over-incarceration phenomenon. Those readers who were fortunate enough to attend the 2015 Roger Williams University School of Law Symposium, Sounding the Alarm on Mass Incarceration: Moving Beyond the Problem and Toward Solutions, had the opportunity to hear a variety of speakers discuss the breadth and depth of this phenomenon. In concert with the symposium speakers, this annotated bibliography reflects a multi-dimensional and interdisciplinary approach to the topic. -
The Double Bind: the Politics of Racial & Class Inequalities in the Americas
THE DOUBLE BIND: THE POLITICS OF RACIAL & CLASS INEQUALITIES IN THE AMERICAS Report of the Task Force on Racial and Social Class Inequalities in the Americas Edited by Juliet Hooker and Alvin B. Tillery, Jr. September 2016 American Political Science Association Washington, DC Full report available online at http://www.apsanet.org/inequalities Cover Design: Steven M. Eson Interior Layout: Drew Meadows Copyright ©2016 by the American Political Science Association 1527 New Hampshire Avenue, NW Washington, DC 20036 All rights reserved. ISBN 978-1-878147-41-7 (Executive Summary) ISBN 978-1-878147-42-4 (Full Report) Task Force Members Rodney E. Hero, University of California, Berkeley Juliet Hooker, University of Texas, Austin Alvin B. Tillery, Jr., Northwestern University Melina Altamirano, Duke University Keith Banting, Queen’s University Michael C. Dawson, University of Chicago Megan Ming Francis, University of Washington Paul Frymer, Princeton University Zoltan L. Hajnal, University of California, San Diego Mala Htun, University of New Mexico Vincent Hutchings, University of Michigan Michael Jones-Correa, University of Pennsylvania Jane Junn, University of Southern California Taeku Lee, University of California, Berkeley Mara Loveman, University of California, Berkeley Raúl Madrid, University of Texas at Austin Tianna S. Paschel, University of California, Berkeley Paul Pierson, University of California, Berkeley Joe Soss, University of Minnesota Debra Thompson, Northwestern University Guillermo Trejo, University of Notre Dame Jessica L. Trounstine, University of California, Merced Sophia Jordán Wallace, University of Washington Dorian Warren, Roosevelt Institute Vesla Weaver, Yale University Table of Contents Executive Summary The Double Bind: The Politics of Racial and Class Inequalities in the Americas . -
47 Free Films Dealing with Racism That Are Just a Click Away (With Links)
47 Free Films Dealing with Racism that Are Just a Click Away (with links) Ida B. Wells : a Passion For Justice [1989] [San Francisco, California, USA] : Kanopy Streaming, 2015. Video — 1 online resource (1 video file, approximately 53 min.) : digital, .flv file, sound Sound: digital. Digital: video file; MPEG-4; Flash. Summary Documents the dramatic life and turbulent times of the pioneering African American journalist, activist, suffragist and anti-lynching crusader of the post-Reconstruction period. Though virtually forgotten today, Ida B. Wells-Barnett was a household name in Black America during much of her lifetime (1863-1931) and was considered the equal of her well-known African American contemporaries such as Booker T. Washington and W.E.B. Du Bois. Ida B. Wells: A Passion for Justice documents the dramatic life and turbulent times of the pioneering African American journalist, activist, suffragist and anti-lynching crusader of the post-Reconstruction period. Nobel Prize-winning author Toni Morrison reads selections from Wells' memoirs and other writings in this winner of more than 20 film festival awards. "One had better die fighting against injustice than die like a dog or a rat in a trap." - Ida B. Wells "Tells of the brave life and works of the 19th century journalist, known among Black reporters as 'the princess of the press, ' who led the nation's first anti-lynching campaign." - New York Times "A powerful account of the life of one of the earliest heroes in the Civil Rights Movement...The historical record of her achievements remains relatively modest. This documentary goes a long way towards rectifying that egregious oversight." - Chicago Sun-Times "A keenly realized profile of Ida B. -
Crime and Punishment in a Divided Society Glenn Loury and Rajiv Sethi
Crime and Punishment in a Divided Society Glenn Loury and Rajiv Sethi “The degree of civilization of a society can be judged by entering its prisons” Fyodor Dostoyevsky (1862) If a nation can be judged by the state of its prisons, then a divided nation can surely be judged by the identities of those it chooses to incarcerate. And in the case of the United States, this population is not just staggeringly large but also disproportionately black. This disparity has deep historical roots and, until recently, has been widely tolerated. We are concerned here with the reasons for the existence and tolerance of this disparity. Prior to the late 1970s, the incarceration rate in the United States rate was roughly stable for several decades at less than 200 per 100,000 (National Research Council, 2014). Then began a steady climb that took the country into uncharted territory. At its peak in 2008, the total number of inmates in jails and prisons stood at 2.3 million, or approximately 760 per 100,000 residents. A further five million individuals were under probation of parole. With the possible exception of Russia, no economically advanced country comes remotely close. Although the growth of federal prisons was far from negligible over this period, the overwhelming majority of the incarcerated population is held in state and local facilities. Meaningful reversal of these trends is therefore impossible without changes in state laws and policies. As we note below, some states have begun to take significant steps to reduce their prison populations. What were the main drivers of the rise in incarceration? A number of factors that combined to make the system more punitive were at work: an increased number of admissions for drug crimes, harsher sentences, higher rates of parole revocation, and substantially greater admissions per arrest for violent and property crimes (Raphael and Stoll, 2009). -
Lessons from Social Psychology and the Promise Enforcement Cases Victor C
Penn State Law eLibrary Journal Articles Faculty Works 1998 Expanding the Circle of Membership by Reconstructing the Alien: Lessons from Social Psychology and the Promise Enforcement Cases Victor C. Romero Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Civil Rights and Discrimination Commons, Human Rights Law Commons, and the Immigration Law Commons Recommended Citation Victor C. Romero, Expanding the Circle of Membership by Reconstructing the Alien: Lessons from Social Psychology and the Promise Enforcement Cases, 32 Mich. J.L. Reform 1 (1998). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. EXPANDING THE CIRCLE OF MEMBERSHIP BY RECONSTRUCTING THE "ALIEN" t: LESSONS FROM SOCIAL PSYCHOLOGY AND THE "PROMISE ENFORCEMENT" CASES Victor C. Romero* Recent legal scholarshipsuggests that the Supreme Court's decisions on immigrants' rightsfavor conceptions of membership over personhood. Federal courts are often re- luctant to recognize the personal rights claims of noncitizens because they are not members of the United States. ProfessorMichael Scaperlandaargues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutionalprinci- ples of personhood. This Article takes up Scaperlanda'schallenge. Borrowing from recent research in social psychology, this Article contends that "We the People" can better inform our ideas of polity membership by resisting existing invidious stereo- types of the noncitizen as the "alien" and by embracing instead the notion of equal personhood. -
The Myth of the Black Male Beast in Postclassical American Cinema: ‘Forging’ Stereoytpes and Discovering Black Masculinities
THE MYTH OF THE BLACK MALE BEAST IN POSTCLASSICAL AMERICAN CINEMA: ‘FORGING’ STEREOYTPES AND DISCOVERING BLACK MASCULINITIES BY MARTIN LUTHER PATRICK A thesis submitted to The University of Birmingham For the degree of M.Phil Department of American and Canadian Studies The University of Birmingham September 2009 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Full name (surname first): Patrick, Martin Luther School/Department: Historical Studies/American and Canadian Studies Full title of thesis/dissertation: The myth of the Black male beast in postclassical American Cinema: ‘Forging’ stereotypes and discovering Black masculinities Degree: M.Phil. Date of submission: September 2009 Date of award of degree : December 2009 Abstract : The thesis examines how postclassical American film invent s Black male characters. It uses Levi-St rauss and B arthes’ methods of analyzing myth and critiques heg emonic authorship throug h Jung ’s work on archetypes in the collective unconscious and the ‘shadow’. Using Othello as a prototype character, I examine how he became an archetype that manifests two perceptions of B lack characters in the collective unconscious. -
Meanings and Typologies of Duboisian Double Consciousness Within 20Th Century United States Racial Dynamics Marc E
University of Massachusetts Boston ScholarWorks at UMass Boston Graduate Masters Theses Doctoral Dissertations and Masters Theses 6-1-2012 Meanings and Typologies of Duboisian Double Consciousness within 20th Century United States Racial Dynamics Marc E. Black University of Massachusetts Boston Follow this and additional works at: http://scholarworks.umb.edu/masters_theses Part of the African American Studies Commons, Bilingual, Multilingual, and Multicultural Education Commons, and the Teacher Education and Professional Development Commons Recommended Citation Black, Marc E., "Meanings and Typologies of Duboisian Double Consciousness within 20th Century United States Racial Dynamics" (2012). Graduate Masters Theses. Paper 87. This Open Access Thesis is brought to you for free and open access by the Doctoral Dissertations and Masters Theses at ScholarWorks at UMass Boston. It has been accepted for inclusion in Graduate Masters Theses by an authorized administrator of ScholarWorks at UMass Boston. For more information, please contact [email protected]. MEANINGS AND TYPOLOGIES OF DUBOISIAN DOUBLE CONSCIOUSNESS WITHIN 20TH CENTURY UNITED STATES RACIAL DYNAMICS A Thesis Presented by MARC E. BLACK Submitted to the Office of Graduate Studies, University of Massachusetts Boston, in partial fulfillment of the requirements for the degree of MASTER OF ARTS June 2012 Applied Linguistics Department © 2012 by Marc E. Black All rights reserved MEANINGS AND TYPOLOGIES OF DUBOISIAN DOUBLE CONSCIOUSNESS WITHIN 20TH CENTURY UNITED STATES RACIAL DYNAMICS -
Race, Religion, and Sartre's Being-For-Others a Major Qualifying Project Submitted to the Faculty of Worcester Polytechnic
Race, Religion, and Sartre’s Being-for-Others A Major Qualifying Project submitted to the Faculty of Worcester Polytechnic Institute in partial fulfillment of the requirements for the Degree in Bachelor of Science in Humanities and Arts, Concentration in Philosophy By Abdullah Hajjar 1 Abstract In this project, I explore the limitation of Jean-Paul Sartre’s concept of being-for-others and the accompanying intersubjective attitudes that we take in relation our being-for-others. Because the being-for-others for Blacks and Muslims is their negatively racialized bodies, Sartre’s intersubjective attitudes fail in the case of these two groups. This project criticizes Sartre’s intersubjective attitudes by examining the different strategies that Blacks and Muslims take in relation to their racialized being-for-others. 2 Acknowledgements I would like to thank Professor Jennifer McWeeny for advising me on this project. Her help during the previous months is greatly appreciated. Also, I would like to give special thanks to Professor John Sanbonmatsu for his comments on my MQP proposal and for his continued support. I also wish to thank all those who agreed to share their experiences of race and religion with me. In addition, I would like to thank WPI Department of Humanities and Arts and especially all the philosophy professors. 3 Table of Contents Abstract........................................................................................................................................... 1 Acknowledgements........................................................................................................................ -
A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops
Michigan Journal of Race and Law Volume 6 2001 Striking a Sincere Balance: A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops Mia Carpiniello Georgetown University Law Center Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Civil Rights and Discrimination Commons, Fourth Amendment Commons, Law and Race Commons, and the Law Enforcement and Corrections Commons Recommended Citation Mia Carpiniello, Striking a Sincere Balance: A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops, 6 MICH. J. RACE & L. 355 (2001). Available at: https://repository.law.umich.edu/mjrl/vol6/iss2/7 This Note is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. STRIKING A SINCERE BALANCE: A REASONABLE BLACK PERSON STANDARD FOR "LOCATION PLUS EVASION" TERRY STOPS Mia Carpiniello* I. THE REASONABLE BLACK PERSON STANDARD ................................356 A. The Need for a Reasonable Black Person Standard........................ 358 1. The Suspect's "Raced" Decision to Flee .........................359 2. A Police Officer's "Raced" Decision to Stop a Suspect ....363 3. The Court's "Raced" Approach to Reasonable and A rticulable Suspicion ................................................368 II. ANALOGOUS ALTERNATIVE REASONABLE PERSON STANDARDS ........374 A. The Reasonable Woman Standard in Sexual Harassment Law .......374 B. The Battered Woman Standardfor Self-Defense Claims ................376 C. A Reasonable Black Person Standardfor Seizures .........................377 D.