Critical Race Theory's Attack on the Promises of Liberalism Jeffrey J
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Crack Cocaine, Congressional Inaction, and Equal Protection
CRACK COCAINE, CONGRESSIONAL INACTION, AND EQUAL PROTECTION PAUL J. LARKIN, JR.* I. THE HISTORY OF FEDERAL DRUG POLICY ........... 244 II. CRACK COCAINE, RACE, AND EQUAL PROTECTION LAW ................................................. 249 A. Legislation and Equal Protection Law ....... 250 B. Legislative Inaction and Equal Protection Law .................................................................. 258 1. The Article I Lawmaking Process ......... 259 2. The Due Process Clause ......................... 263 3. Equal Protection Principles ................... 271 III. CRACK COCAINE, RACE, AND FEDERAL DRUG POLICY .................................................................... 278 IV. CONCLUSION ......................................................... 294 Criminal justice policy, drug policy, and racial policy are three of the most contentious subjects in contemporary Ameri- can society.1 For the past thirty years, they have intersected be- cause of the Anti-Drug Abuse Act of 1986.2 Enacted in the midst of a panic over the emergence of a new form of cocaine * Senior Legal Research Fellow, The Heritage Foundation; M.P.P., George Wash- ington University, 2010; J.D., Stanford Law School, 1980; B.A., Washington & Lee University, 1977. The views expressed in this Article are the author’s own and should not be construed as representing any official position of The Heritage Foun- dation. I want to thank Paul Cassell, Daniel Dew, Andrew Kloster, Joseph Luppino- Esposito, and Greg Maggs for helpful comments on an earlier draft of this Article. Any remaining errors are mine. 1. For discussions of these subjects, see, for example, MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS (rev. ed. 2012); STEVEN B. DUKE & ALBERT C. GROSS, AMERICA’S LONGEST WAR: RETHINKING OUR TRAGIC CRUSADE AGAINST DRUGS (1993); RANDALL KENNEDY, RACE, CRIME, AND THE LAW (1997); GLENN C. -
Discriminatory Acquittal
William & Mary Bill of Rights Journal Volume 18 (2009-2010) Issue 1 Article 4 October 2009 Discriminatory Acquittal Tania Tetlow Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Civil Rights and Discrimination Commons Repository Citation Tania Tetlow, Discriminatory Acquittal, 18 Wm. & Mary Bill Rts. J. 75 (2009), https://scholarship.law.wm.edu/wmborj/vol18/iss1/4 Copyright c 2009 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj DISCRIMINATORY ACQUITTAL Tania Tetlow* ABSTRACT This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic dis- parities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of rape and domestic violence for failing to meet gender norms. Statistical studies show that the "appropriateness" of a female victim's behavior is one of the most accurate predictors of conviction for gender-based violence. Discriminatory acquittals violate the Constitution. Jurors may not constitutionally discriminate against victims of crimes any more than they may discriminate against defendants. Jurors are bound by the Equal Protection Clause because their verdicts constitute state action, a point that has received surprisingly little scholarly analysis. -
Instructor's Guide
The Fight for Free Speech Ten Cases That Define Our First Amendment Freedoms BY IAN ROSENBERG Instructor’s Guide A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all. 312 pages | Cloth | 9781479801565 • • • Law | Politics | Current Events Ian Rosenberg has over twenty years of experience as a media lawyer, and has worked as legal counsel for ABC News since 2003. -
COMPASSION and CRITIQUE Angela P. Harris*
COMPASSION AND CRITIQUE Angela P. Harris* INTRODUCTION Where does compassion begin? Perhaps with the experience of caring. Caring happens in the body and in the moment: a quick squirt of oxytocin, a firing of mirror neurons, the sudden perception of a link between the so- called self and the so-called other. Caring is unpredictable and unwilled, a reaction, an eruption along the shifting surfaces between you and not-you, suddenly experienced in the “flinching of an eye.” Kathleen Stewart describes an observer’s emotional reaction to the pain of another: The young miner who showed me the mine put out every cigarette he smoked on his hand, which was covered with scar tissue. Then I saw the other young miners all had the backs of their hands covered with scar tissue . when my eye fell on them it flinched, seeing the burning cigarette being crushed and sensing the pain . The eye does not read the meaning in a sign; it jumps from the mark to the pain and the burning cigarette, and then jumps to the fraternity signaled by * Professor of Law, University of California—Davis (King Hall). Although the participants in this Symposium were instructed to reflect on race and Marxism, I found myself reflecting instead on the work of the Symposium’s organizer, Anthony Paul Farley. His classic treatment of the pleasures of anti-black racism, The Black Body as Fetish-Object, 76 OR. L. REV. 457 (1997), continues to instruct all who read it, and his writing and speaking—laced always with compassion and outrage—reminds me to watch out and take care. -
CLASH OVER CRITICAL RACE THEORY Advocates Call It Key to Understanding American History, While Opponents Say It Targets White Students 10
Computer science Bring students back Embracing NGSS States move to make Extensive searches, The Next Generation it a core academic caring responses Science Standards subject 15 highlight efforts 19 sets students free 24 July/August 2021 THE CLASH OVER CRITICAL RACE THEORY Advocates call it key to understanding American history, while opponents say it targets white students 10 DistrictAdministration.com Adaptive reading program produces 2.5 years of growth in a single school year. Page 14 FirstTake Ending a school year like no other Reasons to visit I recently had the pleasure of attending my DistrictAdministration.com eldest daughter’s high school graduation, a ceremonious end to a decidedly unceremonious year. School mask For the rst time in many months, she got tracker: Who is, isn’t to spend time with her peers in person, not loosening the rules from behind a laptop screen. Even with masks on and social distancing in place, the joy in Facing pushback from parents, their eyes at being together again was telling. a small but growing number A year of remote learning cost our children of districts are loosening or so much, yet the hard work, creativity, and dropping mask requirements. resourcefulness of educators and administra- bit.ly/mask-track CREDIT: FRESNO USD tors made all the dierence. Your eorts turned what could have been a truly wasted year into one of invention and ingenuity. Is the CDC ready to As you hopefully take time this summer to spend quality time with your family and refresh change its school yourself, body and soul, be sure to give yourself mask guidance? credit for the incredible work done this past Children younger than 12 school year. -
{DOWNLOAD} Critical Race Theory in Education All Gods Children Got a Song 2Nd Edition Ebook, Epub
CRITICAL RACE THEORY IN EDUCATION ALL GODS CHILDREN GOT A SONG 2ND EDITION PDF, EPUB, EBOOK Adrienne D Dixson | 9781138891159 | | | | | Critical Race Theory in Education All Gods Children Got a Song 2nd edition PDF Book Race Ethnicity and Education. Harris and Gloria Ladson-Billings describe this notion of whiteness as property , whereby whiteness is the ultimate property that whites alone can possess; valuable just like property. Acknowledging Racism's Hidden Injuries". Solid Ground, an organization that works to combat poverty, describes institutionalized racism as the systematic distribution of resources, power and opportunity in society to the benefit of people who are white and the exclusion of people of color. CRT recognizes that racism is engrained in the fabric and system of the American society. The New York Times. Critical theory. However, some authors like Tommy J. Theory analyzing society and culture's relation to race. Social institutions function as dispossessions , disenfranchisement , and discrimination over minority groups, while LatCRT seeks to give voice to those who are victimized. Daniel Farber and Suzanna Sherry have argued that critical race theory, along with critical feminism and critical legal studies, has anti-Semitic and anti-Asian implications, has worked to undermine notions of democratic community, and has impeded dialogue. As a movement that draws heavily from critical theory , critical race theory shares many intellectual commitments with critical theory, critical legal studies , feminist jurisprudence , and postcolonial theory. Critical theory. However, notions of anti-Semitism and anti-Asian implications has been contested as there are divisions within CRT specifically HebCrit and AsianCrit, that address issues of equity and marginalization for both Jewish and Asian Communities. -
Michael Higginbotham
UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL SEMESTER 2017 SYLLABUS RACE AND THE LAW LAW 823-511 (4099) MICHAEL HIGGINBOTHAM COURSE DETAILS Professor: Michael Higginbotham Time: Designated Wednesdays (see schedule of classes) 9:00 – 11:45 am Course Category: Upper-Level Limited Enrollment Elective Classroom: University of Baltimore School of Law Angelos Law Center AL 602 Office Hours: Mondays 1:00 – 2:00 pm Wednesdays noon – 1:00 pm (or by appointment) Office: University of Baltimore School of Law Angelos Law Center AL 1115 Phone: 410-837-4649 E-mail: [email protected] Twitter: @professorhigg Website: fmichaelhigginbotham.org Assistant: Shavaun O’Brien Office: University of Baltimore School of Law Angelos Law Center AL 1112 Phone: 410-837-4635 E-mail: [email protected] Facsimile: 410-837-4560 TWEN/Web: Syllabus, distributed materials, announcements, and assignments available on TWEN or http://law.ubalt.edu/academics/Semester.cfm Texts: Required: A. Leon Higginbotham, Jr., In the Matter of Color: Race and the American Legal Process, The Colonial Period (New York: Oxford University Press, 1978). Available in hardback or paperback at the University of Baltimore Bookstore. 1 A. Leon Higginbotham, Jr., Shades of Freedom: Racial Politics and Presumptions of the American Legal Process (New York: Oxford University Press, 1996). Available in hardback or paperback at the University of Baltimore Bookstore. F. Michael Higginbotham, RACE LAW: Cases, Commentary, and Questions (Fourth Edition) (Durham: Carolina Academic Press, 2015). Available in hardback at the University of Baltimore Bookstore. F. Michael Higginbotham, Ghosts of Jim Crow: Ending Racism in Post-Racial America (New York: New York University Press, 2013). -
Towards a Unified Theory Analysing Workplace Ideologies: Marxism And
Marxism and Racial Oppression: Towards a Unified Theory Charles Post (City University of New York) Half a century ago, the revival of the womens movementsecond wave feminismforced the revolutionary left and Marxist theory to revisit the Womens Question. As historical materialists in the 1960s and 1970s grappled with the relationship between capitalism, class and gender, two fundamental positions emerged. The dominant response was dual systems theory. Beginning with the historically correct observation that male domination predates the emergence of the capitalist mode of production, these theorists argued that contemporary gender oppression could only be comprehended as the result of the interaction of two separate systemsa patriarchal system of gender domination and the capitalist mode of production. The alternative approach emerged from the debates on domestic labor and the predominantly privatized character of the social reproduction of labor-power under capitalism. In 1979, Lise Vogel synthesized an alternative unitary approach that rooted gender oppression in the tensions between the increasingly socialized character of (most) commodity production and the essentially privatized character of the social reproduction of labor-power. Today, dual-systems theory has morphed into intersectionality where distinct systems of class, gender, sexuality and race interact to shape oppression, exploitation and identity. This paper attempts to begin the construction of an outline of a unified theory of race and capitalism. The paper begins by critically examining two Marxian approaches. On one side are those like Ellen Meiksins Wood who argued that capitalism is essentially color-blind and can reproduce itself without racial or gender oppression. On the other are those like David Roediger and Elizabeth Esch who argue that only an intersectional analysis can allow historical materialists to grasp the relationship of capitalism and racial oppression. -
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71 5 LITTLE PINK White fragility and black social death ylvA HAbel Human Life is dependent on black death for its existence and for its con- ceptual coherence. There is no World without blacks, yet there are no blacks who are in the World. The Black is indeed a sentient being, but the constric- tion of Humanist thought is a constitutive disavowal of blackness as social death; a disavowal that theorizes the Black as a degraded human entity. (Wilderson, 2016) Drawing on the intellectual work of afro- pessimist scholars such as Frank B. Wilderson III, I want to elucidate the ways in which blackness and black life have become contested, unfathomable ‘objects’ in Swedish mainstream media debates. I locate my discussion at the interface between those debates, afro- pessimist legacies and my position as a black film and media scholar before, during, and after the release of the animated children’s film Liten Skär och Alla Små Brokiga [Little Pink and The Motley Crew] (Stina Wirsén, Sweden, 2012). My aim is to examine the ways in which the film’s pickaninny figure, Little Heart, and the hurtfulness of this stereotype were discussed and contested in the debate around the film. I argue that the debate ended up producing a sense of white fragility as a priority instead of dealing with anti- black racism, its consequences for black people, and its ongoing main- tenance through representation. Before I delve into the turbulent reception of the film, let me first begin by saying something about the partly auto- ethnographical point of departure for this text. -
T HI S Volume Offers a Representative
.. iNTRODUCTION H I s volume offers a representative, desire not merely to understand the vexed bond T though by no means exhaustive, compila between law and racial power but to change it. tion of the growing body of legal scholarship The essays gathered here thus share an ethical known as Critical Race Theory (CRT). As we commitment to human liberation-even if we conceive it, Critical Race Theory embraces a reject conventional notions of what such a con movement of left scholars, most of them schol ception means, and though we often disagree, ars of color, situated in law schools, whose work even among ourselves, over its specific direction. challenges the ways in which race and racial This ethical aspiration finds its most obvious power are constructed and represented in concrete expression in the pursuit of engaged, American legal culture and, more generally, in even adversarial, scholarship. The writings in American society as a whole. In assembling and this collaboration may be read as contributions editing these essays, we have tried both to to what Edward Said has called "antithetical provide a sense of the intellectual genesis of this knowledge," the development of counter project and to map the main methodological accounts of social reality by subversive and sub directions that Critical Race Theory has taken altern elements of the reigning order. Critical since its inception. Toward these ends, the Race Theory-like the Critical Legal Studies essays in the first few parts are arranged roughly movement with which we are often allied-re in the chronological order of their publication. -
WHERE DO WE GO NEXT? Youth Insights on the High School Experience During a Year of Historic Upheaval
SUMMER 2021 WHERE DO WE GO NEXT? Youth Insights on the High School Experience During a Year of Historic Upheaval Sean K. Flanagan, Max Margolius, Molly Pileggi, Liz Glaser, Kri Burkander, Monika Kincheloe, Justis Freeman Where Do We Go Next? Youth Insights on the High School Experience During a Year of Historic Upheaval 1 About America’s Promise Alliance and the Center for Promise America’s Promise Alliance is the driving force behind a nationwide movement to improve the lives and futures of America’s children and youth. Bringing together national nonprofits, businesses, community and civic leaders, educators, citizens, and young people with a shared vision, America’s Promise sparks collective action to overcome the barriers that stand in the way of young people’s success. Through these collective leadership efforts, the Alliance does what no single organization alone can do: catalyze change on a scale that reaches millions of young people. The Center for Promise, affiliated with Boston University, is the applied research institute of America’s Promise Alliance. Its mission is to develop a deep understanding of the conditions necessary for young people in the United States to succeed in school, work, and life. The Center’s unique value as a research institute is its dedication to youth voice, whether by highlighting the voices and views of young people or through working with youth to develop and implement research methods to study the issues affecting their lives. More information can be found at www.americaspromise.org. About GradNation The GradNation campaign was conceptualized around a growing consensus that the high school graduation rate signals both economic opportunity for those who graduate and the health of the nation. -
Making Space for Critical Race Theory Within Therapeutic Settings
MAKING SPACE FOR CRITICAL RACE THEORY WITHIN THERAPEUTIC SETTINGS: UNDERSTANDING THE SIGNIFICANCE OF RACE IN SERVING RACIAL AND ETHNIC WOMEN MINORITIES ________________________________________________________ A Dissertation presented to the Faculty of the Graduate School at the University of Missouri-Columbia ________________________________________________________ In Partial Fulfillment of the Requirements for the Degree Doctorate of Philosophy _________________________________________________________ by ERICA CAMPBELL Dr. Treva Lindsey and Dr. J. Wilson Watt, Dissertation Supervisors JULY 2013 The undersigned, appointed by the dean of the Graduate School, have examined the dissertation entitled MAKING SPACE FOR CRITICAL RACE THEORY WITHIN THERAPEUTIC SETTINGS: UNDERSTANDING THE SIGNIFICANCE OF RACE IN SERVING RACIAL AND ETHNIC WOMEN MINORITIES presented by Erica Campbell, a candidate for the degree of doctor of philosophy, and hereby certify that, in their opinion, it is worthy of acceptance. Associate Professor J. Wilson Watt Assistant Professor Treva Lindsey Professor Marjorie Sable Assistant Professor Mansoo Yu ii Acknowledgements I am forever grateful to those who have helped me during this process. Throughout the years I received the chance to build relationships with many generous and inspiring individuals, whom I cherish for their contribution to my work and development as a scholar. This has truly been a challenging yet enlightening experience. I would like to thank God for His grace, blessing and mercy that have allowed me to conquer this journey in life. I am eternally grateful for my parents and grandparent, Tracy Tenner, Larrone Rodgers and Betty Crump for their continuous encouragement, words of wisdom, prayers, unconditional love, and support. I extend a special thank you to the members of my doctoral committee (Dr.