Unequal under Law

Unequal under Law PDF

Author: Doris Marie Provine

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 432

ISBN-13: 0226684784

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Race is clearly a factor in government efforts to control dangerous drugs, but the precise ways that race affects drug laws remain difficult to pinpoint. Illuminating this elusive relationship, Unequal under Law lays out how decades of both manifest and latent racism helped shape a punitive U.S. drug policy whose onerous impact on racial minorities has been willfully ignored by Congress and the courts. Doris Marie Provine’s engaging analysis traces the history of race in anti-drug efforts from the temperance movement of the early 1900s to the crack scare of the late twentieth century, showing how campaigns to criminalize drug use have always conjured images of feared minorities. Explaining how alarm over a threatening black drug trade fueled support in the 1980s for a mandatory minimum sentencing scheme of unprecedented severity, Provine contends that while our drug laws may no longer be racist by design, they remain racist in design. Moreover, their racial origins have long been ignored by every branch of government. This dangerous denial threatens our constitutional guarantee of equal protection of law and mutes a much-needed national discussion about institutionalized racism—a discussion that Unequal under Law promises to initiate.

Unequal

Unequal PDF

Author: Sandra F. Sperino

Publisher: Oxford University Press

Published: 2017-05-01

Total Pages: 272

ISBN-13: 0190278404

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It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Unequal Profession

Unequal Profession PDF

Author: Meera E Deo

Publisher: Stanford University Press

Published: 2019-02-05

Total Pages: 287

ISBN-13: 1503607852

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A study of the experiences of women of color law school faculty and the effect of race and gender on legal education. This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes several mechanisms to increase diversity within legal academia and to improve the experience of all faculty members. Praise for Unequal Profession “Fascinating, shocking, and infuriating, Meera Deo’s careful qualitative research exposes the institutional practices and cultural norms that maintain a separate and unequal race-gender order even within the privileged ranks of tenure-track law professors. With riveting quotes from faculty across a range of institutional and social positions, Unequal Profession powerfully reminds us that we must do better. I saw my own career in this book—and you might, too.” —Angela P. Harris, University of California, Davis “A powerful account of inequality in legal academia. Quantitative data and compelling narratives bring to life the challenges and roadblocks in gaining not just entry and tenure but also respect for the voices of minority women within the academy. There are no easy remedies, but reading this book is a good place to start for lawyers and law professors to understand what minority women face and which practices can increase the odds of success.” —Bryant G. Garth, University of California, Irvine “Unequal Profession should be mandatory reading for everyone in legal academia . . . . By providing concrete evidence of systemic discrimination, Meera Deo illuminates a long-standing problem needing to be remedied.” —Sarah Deer, University of Kansas

Unequal Treatment

Unequal Treatment PDF

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2009-02-06

Total Pages: 781

ISBN-13: 030908265X

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Racial and ethnic disparities in health care are known to reflect access to care and other issues that arise from differing socioeconomic conditions. There is, however, increasing evidence that even after such differences are accounted for, race and ethnicity remain significant predictors of the quality of health care received. In Unequal Treatment, a panel of experts documents this evidence and explores how persons of color experience the health care environment. The book examines how disparities in treatment may arise in health care systems and looks at aspects of the clinical encounter that may contribute to such disparities. Patients' and providers' attitudes, expectations, and behavior are analyzed. How to intervene? Unequal Treatment offers recommendations for improvements in medical care financing, allocation of care, availability of language translation, community-based care, and other arenas. The committee highlights the potential of cross-cultural education to improve provider-patient communication and offers a detailed look at how to integrate cross-cultural learning within the health professions. The book concludes with recommendations for data collection and research initiatives. Unequal Treatment will be vitally important to health care policymakers, administrators, providers, educators, and students as well as advocates for people of color.

N*gga Theory

N*gga Theory PDF

Author: Jody David Armour

Publisher:

Published: 2020-08

Total Pages: 0

ISBN-13: 9781940660684

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Interrogates conventional assumptions and frames a transformational new way of thinking about law, language, moral judgments, politics, and transgressive art - especially profane genres like gangsta rap - and exposes where racial bias lives in the administration of justice and everyday life

Negrophobia and Reasonable Racism

Negrophobia and Reasonable Racism PDF

Author: Jody David Armour

Publisher: NYU Press

Published: 2000

Total Pages: 217

ISBN-13: 0814706703

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Tackling the ugly secret of unconscious racism in American society, this book provides specific solutions to counter this entrenched phenomenon.

Not Enough

Not Enough PDF

Author: Samuel Moyn

Publisher: Harvard University Press

Published: 2018-04-10

Total Pages: 276

ISBN-13: 067498482X

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The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens’ most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.

Justice Deferred

Justice Deferred PDF

Author: Orville Vernon Burton

Publisher: Harvard University Press

Published: 2021-05-04

Total Pages: 465

ISBN-13: 0674975642

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In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

Unequal City

Unequal City PDF

Author: Carla Shedd

Publisher: Russell Sage Foundation

Published: 2015-10-20

Total Pages: 241

ISBN-13: 1610448529

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Chicago has long struggled with racial residential segregation, high rates of poverty, and deepening class stratification, and it can be a challenging place for adolescents to grow up. Unequal City examines the ways in which Chicago’s most vulnerable residents navigate their neighborhoods, life opportunities, and encounters with the law. In this pioneering analysis of the intersection of race, place, and opportunity, sociologist and criminal justice expert Carla Shedd illuminates how schools either reinforce or ameliorate the social inequalities that shape the worlds of these adolescents. Shedd draws from an array of data and in-depth interviews with Chicago youth to offer new insight into this understudied group. Focusing on four public high schools with differing student bodies, Shedd reveals how the predominantly low-income African American students at one school encounter obstacles their more affluent, white counterparts on the other side of the city do not face. Teens often travel long distances to attend school which, due to Chicago’s segregated and highly unequal neighborhoods, can involve crossing class, race, and gang lines. As Shedd explains, the disadvantaged teens who traverse these boundaries daily develop a keen “perception of injustice,” or the recognition that their economic and educational opportunities are restricted by their place in the social hierarchy. Adolescents’ worldviews are also influenced by encounters with law enforcement while traveling to school and during school hours. Shedd tracks the rise of metal detectors, surveillance cameras, and pat-downs at certain Chicago schools. Along with police procedures like stop-and-frisk, these prison-like practices lead to distrust of authority and feelings of powerlessness among the adolescents who experience mistreatment either firsthand or vicariously. Shedd finds that the racial composition of the student body profoundly shapes students’ perceptions of injustice. The more diverse a school is, the more likely its students of color will recognize whether they are subject to discriminatory treatment. By contrast, African American and Hispanic youth whose schools and neighborhoods are both highly segregated and highly policed are less likely to understand their individual and group disadvantage due to their lack of exposure to youth of differing backgrounds.