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Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


Editor In Chief: Foreword, Virginia Millacci 2020 University of California, Hastings College of the Law

Editor In Chief: Foreword, Virginia Millacci

Hastings Race and Poverty Law Journal

No abstract provided.


The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher 2020 University of California, Hastings College of the Law

The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher

Hastings Race and Poverty Law Journal

The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.

This paper explores the practices of prison retailers, and ...


And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine 2020 University of California, Hastings College of the Law

And When Does The Black Church Get Political?: Responding In The Era Of Trump And Making The Black Church Great Again, Jonathan C. Augustine

Hastings Race and Poverty Law Journal

The November 2018 midterm elections engaged more voters than any midterm election since World War I. Moreover, from a Black Church perspective, the midterm elections arguably engaged more constituent members in secular politics than any time since the Civil Rights Movement and the historic passage of the Voting Rights Act of 1965. If the axiom is true that, “For every action there is a reaction,” the series of actions that have been part of Donald J. Trump’s “Make America Great Again” narrative have been met with a reaction that is “Making the Black Church Great Again!”

This interdisciplinary Article ...


Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld 2020 University of California, Hastings College of the Law

Transgender Rights: Shifting Strategies In A Changing Nation, Alex Binsfeld

Hastings Race and Poverty Law Journal

Transgender rights have only come to the forefront of public consciousness and US jurisprudence in the past couple of decades. During this time, the transgender rights movement has made large strides and was rapidly working toward the enshrinement of federal non-discrimination protections for the transgender community. However, recent political changes in the US have led to a federal effort to undo the decades of progress that transgender activists have made in advocating for the recognition of their rights.1 As a result of this changing political climate, the strategies used by transgender rights advocates must change if the movement is ...


In The Dark – Pushing The Boundaries Of True Crime, Sharon Davis 2019 University of Technology, Sydney

In The Dark – Pushing The Boundaries Of True Crime, Sharon Davis

RadioDoc Review

True crime podcasts are a burgeoning genre. As journalists and storytellers, how do we balance the pursuit of justice and our responsibility to the victims with the demand to tell a gripping tale? As listeners, are we using the pain of others for our own entertainment? In the Dark podcast (Seasons 1 and 2) takes us beyond a vicarious fascination with true crime stories into a forensic and essential look at deep-rooted biases, corruption and systemic failures that prevent justice from being served.

The first season (2016) investigates the 1989 kidnapping, sexual assault and murder of 11-year-old Jacob Wetterling In ...


The International Legacy Of Brown V. Board Of Education, Brian E. Ray 2019 Cleveland-Marshall College of Law, Cleveland State University

The International Legacy Of Brown V. Board Of Education, Brian E. Ray

Brian Ray

The authors describe the international legacy of Brown v. Board of Education in two discrete but related parts. First, they survey the international and domestic political contexts of the decision, which other commentators have convincingly demonstrated played a prominent role in the debates surrounding legalized segregation and in the arguments before the Supreme Court in the case itself. Important in this section is the intense and widespread international attention that was paid both to the problem of race relations in the U.S. and the decision in Brown. This background sets up the conclusions the authors draw from their survey ...


Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes 2019 University of Rhode Island

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer 2019 New York University School of Law

The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer

Michigan Law Review

America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without access to quality schools, jobs, transportation, or health care on the other. Many people view this as an unfortunate fact of life, or as a relic of legal systems long since overturned and beyond the reach of current legal process. But this is not true. On the contrary, the law continues ...


A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore 2019 Montclair State University

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9 ...


Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman 2019 Boston College Law School

Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman

Dan Farbman

No abstract provided.


On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh 2019 Cleveland-Marshall College of Law, Cleveland State University

On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh

Reginald Oh

Oh describes this essay as a critique of constitutional and political discourse on "race" and argues that current equal protection doctrine operates under a conception of race that undermines rather than moves forward the goal of achieving racial equality. That understanding defines race solely or primarily as a physical trait or characteristic, and unjustifiably rejects other, more robust notions of race. He argues that the notion of race as physical trait is inconsistent with the historical understanding of race that served as the basis for the Reconstruction Amendments. A careful examination of nineteenth and early twentieth century court decisions, decisions ...


Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh 2019 Cleveland-Marshall College of Law, Cleveland State University

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh

Reginald Oh

Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a ...


Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh 2019 Cleveland-Marshall College of Law, Cleveland State University

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh

Reginald Oh

This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system ...


Changing The Bathwater And Keeping The Baby: Exploring New Ways Of Evaluating Intent In Environmental Discrimination Cases, Browne C. Lewis 2019 Cleveland-Marshall College of Law, Cleveland State University

Changing The Bathwater And Keeping The Baby: Exploring New Ways Of Evaluating Intent In Environmental Discrimination Cases, Browne C. Lewis

Browne C Lewis

This paper is divided into four parts. Part one consists of a general overview of the problem of environmental discrimination. Part two gives a brief discussion of relevant Equal Protection jurisprudence. The section begins with a summary of general Equal Protection law. Then, the section analyzes the primary cases that established the foundation of modem-day Equal Protection doctrine. Part three examines the current application of the intent requirement in environmental discrimination cases. To that end, the section reviews the outcome of three of the early environmental discrimination cases, and speculates about the components that are necessary to prepare a successful ...


Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle 2019 American University Washington College of Law

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle

Susan D. Carle

Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between “us” versus “them” on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership ...


Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir 2019 Cleveland-Marshall College of Law, Cleveland State University

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir

Doron M Kalir

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part ...


Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie 2019 Advocates for Basic Legal Equality

Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie

Conference: The Social Practice of Human Rights

The built urban environment is the product of more than a century of policy decisions that have both intentionally discriminated and have had the effect of discriminating, against African Americas, immigrants, the work class, low income individuals and other undesirables. While more than fifty years have passed since the passage of civil rights legislation in the United States, individuals in today’s cities are living out our discriminatory legacy.

In Dayton, Ohio, a new movement has risen from the community to disrupt the legacy of de jure and de facto discrimination by the collaborative efforts of the impactive individuals, neighborhood ...


Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed 2019 Open Society Foundations

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed

Conference: The Social Practice of Human Rights

Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.


Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby 2019 Texas Civil Rights Project

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this ...


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