Michigan Journal of Race & Law最新文献_第5页

"When They Enter, We All Enter": Opening the Door to Intersectional Discrimination Claims Based on Race and Disability “当他们进入，我们都进入”:为基于种族和残疾的交叉歧视索赔打开大门

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.24.1.when

Alice Abrokwa

{"title":"\"When They Enter, We All Enter\": Opening the Door to Intersectional Discrimination Claims Based on Race and Disability","authors":"Alice Abrokwa","doi":"10.36643/mjrl.24.1.when","DOIUrl":"https://doi.org/10.36643/mjrl.24.1.when","url":null,"abstract":"This Article explores the intersection of race and disability in the context of employment discrimination, arguing that people of color with disabilities can and should obtain more robust relief for their harms by asserting intersectional discrimination claims. Professor Kimberlé Crenshaw first articulated the intersectionality framework by explaining that Black women can experience a form of discrimination distinct from that experienced by White women or Black men, that is, they may face discrimination as Black women due to the intersection of their race and gender. Likewise, people of color with disabilities can experience discrimination distinct from that felt by people of color without disabilities or by White people with disabilities due to the intersection of their race and disability. Yet often our legal and cultural institutions have been reluctant to acknowledge the intersectional experience, preferring instead to understand people by a singular trait like their race, gender, or disability. While courts have recognized the validity of intersectional discrimination claims, they have offered little guidance on how to articulate and prove the claims, leaving compound and complex forms of discrimination unaddressed. This Article thus offers an analysis of how courts and litigants should evaluate claims of workplace discrimination based on the intersection of race and disability, highlighting in particular the experience of Black disabled individuals. Only by fully embracing intersectionality analysis can we realize the potential of antidiscrimination law to remedy the harms of those most at risk of being denied equal opportunity.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123943729","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: 4

American Informant 美国的告密者

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.27.1.american

Ramzi Kassem

{"title":"American Informant","authors":"Ramzi Kassem","doi":"10.36643/mjrl.27.1.american","DOIUrl":"https://doi.org/10.36643/mjrl.27.1.american","url":null,"abstract":"Part of my childhood was spent in Baghdad, Iraq, during the rule of Saddam Hussein. At that time, the regime offered free and universal education and healthcare. Literacy rates in the country surpassed much of the Arabic-speaking world and, indeed, the Global South. As the celebrated Egyptian intellectual, Taha Hussein, famously put it: “Cairo writes; Beirut prints; and Baghdad reads.” Booksellers were everywhere in Baghdad. Its people read voraciously and passionately debated literature, poetry, and a range of other subjects.\u0000\u0000But what struck me, even as a child, was the absence of sustained talk about politics in bookshops, markets, and other public spaces. I knew that adults could not stay away from the topic of politics in more intimate, private settings, where a deeper level of trust usually reigned. Once you entered the public sphere, however, discretion about politics—and especially local politics—clearly became the better part of valor. Iraqi society had been so thoroughly infiltrated by elements of Hussein’s intelligence services that ordinary people knew to tread with extreme caution. After all, the person standing within earshot at a bustling Baghdad market, overhearing your conversation—or maybe even your direct interlocutor— could be an informant. And the stakes were high: incarceration, torture, or death. That was an early introduction to the valency of informants—their capacity to interact with the society that surrounds them and their distorting effect on it. The lesson has colored my subsequent work on surveillance, including this reflection on the contemporary role of informants in the United States.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124015808","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

Keeping Counsel: Challenging Immigration Detention Transfers as a Violation of the Right to Retained Counsel 保留律师:质疑移民拘留转移违反了聘请律师的权利

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.27.2.keeping

N. Phillips

{"title":"Keeping Counsel: Challenging Immigration Detention Transfers as a Violation of the Right to Retained Counsel","authors":"N. Phillips","doi":"10.36643/mjrl.27.2.keeping","DOIUrl":"https://doi.org/10.36643/mjrl.27.2.keeping","url":null,"abstract":"In 2019 U.S. Immigration and Customs Enforcement (“ICE”) incarcerated nearly 500,000 individuals. More than half of the individuals detained by ICE were transferred between detention facilities, and roughly thirty percent of those transferred were moved between federal circuit court jurisdictions. Detention transfers are isolating, bewildering, and scary for the detained noncitizen and their family. They can devastate the noncitizen’s legal defense by destroying an existing attorney-client relationship or the noncitizen’s ability to obtain representation. Transfers also obstruct the noncitizen’s ability to gather evidence and may prejudicially change governing case law. This Note describes the legal framework for transfers and their legal and non-legal impacts. It contends that transfers violate noncitizens’ constitutional and statutory rights to retained counsel by obstructing the attorney-client relationship. Further, it argues that federal courts have jurisdiction to review right to counsel challenges to transfers under the Immigration and Nationality Act. Written with practitioners in mind, this Note canvasses the practical and legal difficulties of making such a challenge.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124900580","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

“Why Should I Go Vote Without Understanding What I Am Going to Vote For?” The Impact of First Generation Voting Barriers on Alaska Natives “我为什么要在不知道自己要投什么票的情况下去投票?”第一代投票障碍对阿拉斯加原住民的影响

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.22.2.why

J. Tucker, N. Landreth, Erin Lynch

{"title":"“Why Should I Go Vote Without Understanding What I Am Going to Vote For?” The Impact of First Generation Voting Barriers on Alaska Natives","authors":"J. Tucker, N. Landreth, Erin Lynch","doi":"10.36643/mjrl.22.2.why","DOIUrl":"https://doi.org/10.36643/mjrl.22.2.why","url":null,"abstract":"This article explores the many forms of discrimination that have persisted in Alaska, the resulting first generation voting barriers faced by Alaska Native voters, and the two contested lawsuits it took to attain a measure of equality for those voters in four regions of Alaska: Nick v. Bethel and Toyukak v. Treadwell. In the end, the court’s decision in Toyukak came down to a comparison of just two pieces of evidence: (1) the Official Election Pamphlet that English-speaking voters received that was often more than 100 pages long; and (2) the single sheet of paper that Alaska Native language speakers received, containing only the date, time, and location of the election, along with a notice that they could request language assistance. Those two pieces of evidence, when set side by side, showed the fundamental unequal access to the ballot. The lessons learned from Nick and Toyukak detailed below are similarly simple: (1) first generation voting barriers still exist in the United States; and (2) Section 203 of the VRA does not permit American Indian and Alaska Native language speaking voters to receive less information than their English-speaking counterparts. The voters in these cases had been entitled to equality for 40 years, but they had to fight for nearly a decade in two federal court cases to get it.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123932308","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: 3

The World of Private Terrorism Litigation 私人恐怖主义诉讼世界

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.27.1.world

Maryam Jamshidi

{"title":"The World of Private Terrorism Litigation","authors":"Maryam Jamshidi","doi":"10.36643/mjrl.27.1.world","DOIUrl":"https://doi.org/10.36643/mjrl.27.1.world","url":null,"abstract":"Since 9/11, private litigants have been important players in the “fight” against terrorism. Using several federal tort statutes, these plaintiffs have sued foreign states as well as other parties, like non-governmental charities, financial institutions, and social media companies, for terrorism-related activities. While these private suits are meant to address injuries suffered by plaintiffs or their loved ones, they often reinforce and reflect the U.S. government’s terrorism-related policies, including the racial and religious discrimination endemic to them. Indeed, much like the U.S. government’s criminal prosecutions for terrorism-related activities, private terrorism suits disproportionately implicate Muslim and/or Arab individuals and entities while reinforcing the belief that those groups are predisposed to engage in or support terrorism.\u0000\u0000This short Article provides a brief overview of the world of private terrorism litigation. It begins by describing the various federal tort statutes on terrorism—including their fraught relationship with foundational tort law norms. It explains the connection between those laws and the U.S. government’s terrorism prosecutions, as well as its other terrorism-related priorities. It ends by demonstrating how private terrorism suits reinforce discrimination and prejudice against Arabs and Muslims that are reflected in criminal terrorism prosecutions. In focusing on private terrorism litigation, this Article highlights how private parties are furthering the government’s counterterrorism work, as well as how private terrorism suits reinforce the state’s endemic discrimination against Arabs and Muslims in the counterterrorism realm.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130192640","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

Legal Aid's Once and Future Role for Impacting the Criminalization of Poverty and the War on the Poor 法律援助在影响贫困犯罪化和向穷人宣战中的过去和未来作用

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.21.2.legal

Aneel L. Chablani

{"title":"Legal Aid's Once and Future Role for Impacting the Criminalization of Poverty and the War on the Poor","authors":"Aneel L. Chablani","doi":"10.36643/mjrl.21.2.legal","DOIUrl":"https://doi.org/10.36643/mjrl.21.2.legal","url":null,"abstract":"Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased attention on this nation’s troubled history of oppression and control of the poor and people of color. At the federal, state, and local levels, a growing number of policies create criminal sanctions for poverty-related circumstances. These, in turn, result in collateral consequences that unfairly affect those who lack the means to afford their criminal justice experience (i.e., processing costs, fees, and fines), or affect their ability to access employment, housing, or other basic services. These policies also disproportionately affect people of color, and the origins of many of these policies share a twisted history in decades of racial oppression and discrimination. In many respects, these criminal sanctions and collateral consequences lay on the surface of deep-seated social and economic ills that have been neglected, festering over decades and breaking out now in events over the past two years from Ferguson to Baltimore. Challenging these entrenched social and economic inequities will be necessary in order to produce real change for communities struggling against the criminalization of poverty. Legal challenges must be coordinated with community-based social movements emerging in these communities in order to confront the barriers to opportunity and structures that perpetuate inequities. Legal Aid programs have a historical grounding in this type of community-based impact advocacy work and are uniquely positioned to work together with community groups to bring about meaningful change.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130992825","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

Origin Stories: Critical Race Theory Encounters the War on Terror 《起源故事:批判种族理论遭遇反恐战争》

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.27.1.origin

N. Saito

{"title":"Origin Stories: Critical Race Theory Encounters the War on Terror","authors":"N. Saito","doi":"10.36643/mjrl.27.1.origin","DOIUrl":"https://doi.org/10.36643/mjrl.27.1.origin","url":null,"abstract":"Stories matter. They matter to those intent on maintaining structures of power and privilege, and to those being crushed by those structures. In the United States, the space to tell, and to hear, our stories has been expanding. This means that the histories and lived realities of those who have been excluded, particularly people of color, are seeping into mainstream discourse, into the books our children read, the movies and television shows they watch, and the many websites comprising social media. Critical race theory has played a role in this expansion. It insists that we recognize the legitimacy of the stories of those deemed “Other” because they have been erased or distorted beyond recognition in the dominant narrative. 3 Critical race theory has helped ensure that the legacies of genocide and broken treaties, of the cruelties imposed upon enslaved persons, of the forced inclusion and exclusion of those regarded simply as disposable labor, have worked their way into the realm of what can be talked about. Critical race scholars have exposed immigration injustices and called out xenophobia and Islamophobia. All this discomfits those who benefit, or believe they benefit, from the status quo.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133715745","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

From Pelican Bay to Palestine: The Legal Normalization of Force-Feeding Hunger-Strikers 从鹈鹕湾到巴勒斯坦:强制喂食绝食者的法律正常化

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.24.1.from

Azadeh Shahshahani, P. A. Patel

引用次数: 3

Batson for Judges, Police Officers & Teachers: Lessons in Democracy From the Jury Box

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.23.1.batson

Stacy Hawkins

{"title":"Batson for Judges, Police Officers & Teachers: Lessons in Democracy From the Jury Box","authors":"Stacy Hawkins","doi":"10.36643/mjrl.23.1.batson","DOIUrl":"https://doi.org/10.36643/mjrl.23.1.batson","url":null,"abstract":"In our representative democracy we guarantee equal participation for all, but we fall short of this promise in so many domains of our civic life. From the schoolhouse, to the jailhouse, to the courthouse, racial minorities are underrepresented among key public decision-makers, such as judges, police officers, and teachers. This gap between our aspirations for representative democracy and the reality that our judges, police officers, and teachers are often woefully under-representative of the racially diverse communities they serve leaves many citizens of color wanting for the democratic guarantee of equal participation. This critical failure of our democracy threatens to undermine the legitimacy of these important civic institutions. It deepens mistrust between minority communities and the justice system and exacerbates the failures of a public education system already lacking accountability to minority students.\u0000\u0000But there is hope for rebuilding the trust, accountability and legitimacy of these civic institutions on behalf of minority citizens. There is one place where we have demonstrated a deeper commitment to our guarantee of democratic equality on behalf of minority citizens and exerted greater effort to that end than perhaps in any other domain of our civic life—the jury box. This paper recounts this important history and explores the political theory underlying the equal protection jurisprudence of jury selection. It then applies these lessons gleaned from the jury context to the constitutional defense of efforts to achieve greater racial diversity within the judiciary, law enforcement, and public education, all of which are as important to the legitimacy of our democracy today as the jury has been throughout American history.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"178 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123268967","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

Digital Colonialism: The 21st Century Scramble for Africa through the Extraction and Control of User Data and the Limitations of Data Protection Laws 数字殖民主义:通过用户数据的提取和控制以及数据保护法的局限性对21世纪非洲的争夺

Michigan Journal of Race & Law Pub Date : 1900-01-01 DOI: 10.36643/mjrl.24.2.digital

Daniel Coleman

{"title":"Digital Colonialism: The 21st Century Scramble for Africa through the Extraction and Control of User Data and the Limitations of Data Protection Laws","authors":"Daniel Coleman","doi":"10.36643/mjrl.24.2.digital","DOIUrl":"https://doi.org/10.36643/mjrl.24.2.digital","url":null,"abstract":"As Western technology companies increasingly rely on user data globally, extensive data protection laws and regulations emerged to ensure ethical use of that data. These same protections, however, do not exist uniformly in the resource-rich, infrastructure-poor African countries, where Western tech seeks to establish its presence. These conditions provide an ideal landscape for digital colonialism.\u0000\u0000Digital colonialism refers to a modern-day “Scramble for Africa” where largescale tech companies extract, analyze, and own user data for profit and market influence with nominal benefit to the data source. Under the guise of altruism, large scale tech companies can use their power and resources to access untapped data on the continent. Scant data protection laws and infrastructure ownership by western tech companies open the door for exploitation of data as a resource for-profit and a myriad of uses including predictive analytics.\u0000\u0000One may believe that strengthening data protection laws will be a barrier to digital colonialism. However, regardless of their relative strength or weakness, data protection laws have limits. An analysis of Kenya's 2018 data protection bill, the General Data Protection Regulation (GDPR), and documented actions of largescale tech companies exemplifies how those limits create several loopholes for continued digital colonialism including, historical violations of data privacy laws; limitations of sanctions; unchecked mass concentration of data, lack of competition enforcement, uninformed consent, and limits to defined nation-state privacy laws.","PeriodicalId":373432,"journal":{"name":"Michigan Journal of Race & Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120944582","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: 34

Michigan Journal of Race &amp; Law最新文献

Michigan Journal of Race & Law最新文献