The Oxford Handbook of Race and Law in the United States最新文献

Immigration and Race 移民与种族

The Oxford Handbook of Race and Law in the United States Pub Date : 2022-02-14 DOI: 10.1093/oxfordhb/9780190947385.013.27

Jennifer M. Chacón

{"title":"Immigration and Race","authors":"Jennifer M. Chacón","doi":"10.1093/oxfordhb/9780190947385.013.27","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190947385.013.27","url":null,"abstract":"This chapter assesses how the regulation of immigration and citizenship in the United States is inextricably intertwined with the history of race and racism in the United States. It surveys US history in four periods: the founding era through the Civil War, the post-Civil War era through the death of Reconstruction, the Progressive era through the passage of the federal civil rights laws of the 1960s, and the 1960s through the present. Though the legal line separating desirable from undesirable—and therefore admissible from inadmissible—immigrants has shifted over time, anti-Black racism has structured the drawing of that line across different historical periods. As a result, immigration law has not just reflected racial bias. Rather, these laws, in conjunction with citizenship laws, have also defined racial categories in the United States and delimited the racial boundaries of the nation. Understood in that way, immigration has not simply reflected prevailing forms of racial bias; rather, it has effectively legalized US racism in ways that both produced and sustained racial hierarchies. This legalized racism has not disappeared. It persists today—in color-blind form—impervious to the civil rights revolution of the mid-1960s.","PeriodicalId":245365,"journal":{"name":"The Oxford Handbook of Race and Law in the United States","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134613341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Intentionally Incorporating Race into the First-Year Legal Research and Writing Curriculum 有意将种族纳入一年级法律研究和写作课程

The Oxford Handbook of Race and Law in the United States Pub Date : 2022-01-13 DOI: 10.1093/oxfordhb/9780190947385.013.44

Sha-Shana Crichton

{"title":"Intentionally Incorporating Race into the First-Year Legal Research and Writing Curriculum","authors":"Sha-Shana Crichton","doi":"10.1093/oxfordhb/9780190947385.013.44","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190947385.013.44","url":null,"abstract":"This chapter addresses the question of whether law schools should intentionally incorporate race in the first-year legal writing and research (LWR) course. First, intentionally incorporating race into the first-year LWR course is essential to preparing all law students to become competent lawyers who can effectively participate in the national and global marketplace and address the legal needs of an increasingly diverse population. Second, addressing race in the first-year LWR course contributes to a more democratic society by building student awareness early in their legal careers to the importance of providing access to justice for all persons. Additionally, exposing students to the impact of race and racial biases on legal outcomes sensitizes them to the dire consequences of inadequate or no legal representation and is likely to propel them to advocate for relevant legal and social reforms. Third, intentionally incorporating race into the first-year LWR course creates a learning environment that facilitates successful learning for all law students. This is particularly critical for law students of color whose ability to learn successfully may be compromised because of an increased risk for chronic stress caused by race-based discrimination inside and outside law school.","PeriodicalId":245365,"journal":{"name":"The Oxford Handbook of Race and Law in the United States","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129085564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Rethinking Implicit Bias 反思内隐偏见

The Oxford Handbook of Race and Law in the United States Pub Date : 2022-01-13 DOI: 10.1093/oxfordhb/9780190947385.013.31

J. Kahn

引用次数: 0

Race and Tax Law 种族与税法

The Oxford Handbook of Race and Law in the United States Pub Date : 2022-01-13 DOI: 10.1093/oxfordhb/9780190947385.013.8

Dorothy A. Brown

引用次数: 0

Race and the Criminal Law Curriculum 种族与刑法课程

The Oxford Handbook of Race and Law in the United States Pub Date : 2022-01-13 DOI: 10.1093/oxfordhb/9780190947385.013.4

Cynthia K. Y. Lee

{"title":"Race and the Criminal Law Curriculum","authors":"Cynthia K. Y. Lee","doi":"10.1093/oxfordhb/9780190947385.013.4","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190947385.013.4","url":null,"abstract":"This chapter briefly sketches a few places in the substantive criminal law curriculum where law professors can include discussion of race to enrich students’ understanding of the law. These include racially based jury nullification, the void-for-vagueness doctrine, hate crimes and the actus reus requirement, voluntary manslaughter and the defense of provocation, involuntary manslaughter, rape, the doctrine of self-defense, the “Black rage” defense, and the “cultural defense.” The chapter also discusses the Guerilla Guides to Law Teaching project, which suggests that criminal law professors introduce the concept of abolition of the carceral state as a framework through which students can “question the core assumptions about the relationship between incarceration, retribution, and utilitarianism, and take seriously the scale of human devastation wrought by incarceration.” While it is critically important to acknowledge the role of race in the criminal justice system and highlight the various ways racial bias can influence the outcomes in criminal cases, it is not necessary to include discussions of race in all of the different ways listed in this chapter. It is important to start by teaching in a traditional fashion and establishing one’s authority in the classroom before incorporating discussions about race into the classroom.","PeriodicalId":245365,"journal":{"name":"The Oxford Handbook of Race and Law in the United States","volume":"283 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126950587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Race and Evidence 种族和证据

The Oxford Handbook of Race and Law in the United States Pub Date : 2022-01-13 DOI: 10.1093/oxfordhb/9780190947385.013.14

Jasmine B. Gonzales Rose

引用次数: 0