Closing the Racial Wealth Gap Through the Transplantation of a Cultural Institution, Thirteenth Amendment Litigation in the Immigration Detention Context, The Scales of Reproductive Justice: Caseys Failure to Rebalance Liberty Interests in the Racially Disparate State of Maternal Medicine, Jail By Another Name: ICE Detention of Immigrant Criminal Defendants on Pretrial Release, Mans Best Friend? This process of equitable distribution of local government resources across an entire jurisdiction, including in majority-minority neighborhoods, may be a critical step towards urban decolonization. Part II argues that the detention of asylum seekers mirrors the isolation of the Antelope captives by removing detainees from those most able to help them develop a persuasive narrative truth. 42 0 obj 138 0 obj endstream The. Many treated this implementation as a sign of change that police officers would be held accountable for violence they perpetrate. Given the age and quality of most monuments, copyright law is also not likely to provide an effective federal claim. Gretchen Whitmer signed a bill updating the state's civil rights law to ban race-based hair discrimination. xref It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. 0000001425 00000 n The political power brokers who choose whether monuments will stay or go often do not walk daily in their shadows. In actuality, the FHA offered much less to the millions of poor, Black residents in inner cities than it did to the Black middle class. 131 0 obj This Article coins the term carceral intent to refer collectively to those legal intent requirements and examines critically the role of carceral intent in shaping and maintaining the deep-rooted structural racism and sweeping harms of Americas system of confinement. Transfers also obstruct the noncitizens ability to gather evidence and may prejudicially change governing case law. This examination will show that the legal normalization of force-feeding is repressive and runs afoul of international human rights principles and law. <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> 36 0 obj 90 - into law, once again amending the state's increasingly broad anti-discrimination statute . 0Tr*[_fB&9z%Xs-fd_|%vjuvgyHb,'".pp%e8[R&X`IKB|xRubECRu One response to these ongoing and often traumatic incursions is a growing number of Black parents have decided to remove their children from traditional school settings. endobj In 2019 U.S. Immigration and Customs Enforcement (ICE) incarcerated nearly 500,000 individuals. Intra-White discrimination cases may range from associational discrimination cases to cases involving discrimination against poor rural Whites, often referred to as White trash. While intragroup discrimination is acknowledged in sex-discrimination cases and race-discrimination cases within racial minority groups, same-race discrimination between Whites is currently an under-theorized phenomenon. <>stream endobj <> I show that mere exposure to such a message is the unique form of injury that a violation of that right creates and, as such, is a concrete harm on which Article III standing can be based. 25.1 is now available! Gender violence, sexual harassment, and feminism have all been dancing around on the center stage of world politics lately, as displayed by the traction that the #MeToo movement has gained on . endobj Yet when the day came, the mob of pro-Trump extremists seemed to catch law enforcement by surprise. 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. Muslims in the United States face real limits on their religious freedom. The marketplace of ideas model essentially holds that free expression serves our democratic goals by allowing differing proposed truths and versions of the facts to compete with each other for acceptance. All this discomfits those who benefit, or believe they benefit, from the status quo. 0000003232 00000 n The Michigan Journal of Race & Law is a legal journal that serves as a forum for the exploration of issues relating to race and law. The latter question has begun making its way into the courts, with many southern symbols and memorials being accused of promoting the philosophy of racial supremacy. Hm)t?quKJ_ w 8_X& (I@F^ ~|4},}6xN.z:$! 0000003023 00000 n 111 0 obj 0000005283 00000 n The Court reasons that however abhorrent the slave trade was, the United States was obligated to recognize the rights of other nations to participate in it. Because of the nature of this property interest, today in Charlottesville, the cemetery rights of the descendants of those slaves interred to the northeast of the University Cemetery are arguably extinguished, or at best unclear. In light of those failures, is felon disenfranchisement here to stay? 0000002228 00000 n This Essay is a contribution the Michigan Journal of Race & Laws special issue marking the 20th anniversary of September 11, 2001 and the ensuing War on Terror. hb```"9FF>c`e`s,7Re8u'_3s10U:gd9p$\%jtpS =OW6I]{mG-60zA I7?^x(`K7uSR26v` a p'iii(5@]"flSYtfkXr(-@QJT58^qY.xyr0j1VLB k4w9q|dkXi`; GPqA t n%s4c S4# h!o This Note describes the legal framework for transfers and their legal and non-legal impacts. 0000000016 00000 n The theory maintains that the best ideas and the most reliable information will emerge and prevail. 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. 13769, popularly known as the Muslim Ban. The Order named seven Muslim-majority nations and restricted, effective immediately, the reentry into the United States of visa and green card holders from these states. It then proceeds to explain, through recent social science research, why the dynamic envisioned by the marketplace of ideas theory often fails to provide an effective counter-narrative to statements that reinforce racial, ethnic, religious, and gender biases and stereotypes. 134 0 obj 0000005389 00000 n 0000014020 00000 n The well-informed elec- torate that results from this process will then make better decisions in our par- ticipatory democracy. Stories matter. endobj As an alternative, this Article proposes, especially in the newly wealthy gentrified cities, that fair housing advocates, led by Black tenants, insist that state and local governments direct significant resources to economically depressed majority-minority neighborhoods and house residents equitably. Michigan Journal of Race and Law Volume 26 2021 Front Matter Michigan Journal of Race & Law Follow this and additional works at: https://repository.law.umich.edu/mjrl Recommended Citation Michigan Journal of Race & Law, Front Matter, 26 MICH. J. 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. <> [130 0 R 131 0 R 132 0 R 133 0 R 134 0 R 135 0 R] endobj <>/Border[0 0 0]/Contents()/Rect[72.0 612.5547 124.3037 625.4453]/StructParent 2/Subtype/Link/Type/Annot>> In particular, it argues that this isolation affected the outcome of the Antelope by preventing captives from sharing their anecdotes and translating them to a format that would resonate with their legal counsel, the public, and judges. The questionswhat is narrative justice? On June 15, 2023, Governor Gretchen Whitmer signed Michigan's version of the CROWN Act - S.B. Among that body of work are analyses of the various intent requirements embedded in the constitutional doctrine that governs the states power to incarcerate. <>1]/P 6 0 R/Pg 46 0 R/S/Link>> The Article will examine these issues through the lens of two governments that have continued to endorse force-feeding: the United States and Israel. The provisions are intimately tied, however, to the countrys legacy of racism and systemic disenfranchisement and are at odds with the values of American democ- racy. Volume 27 Issue 1 (2021) Issue 2 (2022) Volume 26 Special Issue Issue 1 (2020) Issue 2 (2021) Volume 25 Issue 1 (2019) Issue 2 (2020) Volume 24 Issue 1 (2018) . Iraqi society had been so thoroughly infiltrated by elements of Husseins intelligence services that ordinary people knew to tread with extreme caution. Both groups deserved, by legal and moral standards, the opportunity to present the truth behind their arrival and to prove their legal status. <>34]/P 22 0 R/Pg 46 0 R/S/Link>> In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. endobj *\yKX&+BJs*.`B1)O;Rf)IfrA;w2-9u.l}8lp]}d9z(wZx&2P&l9.6|9n7hXu 0Lvo3*XT }ydU@2~6O[z9MTFRddZe)!uJ$zs5$zo56""^e@XU;8'GWz-OY%-]3IH|Y" eR8VZ YJD$ PREVIOUS ISSUES OFMJR&LARE NOW AVAILABLE AT THEMLAW JOURNAL REPOSITORY. endobj 3( ]>3.Tk!qdO2:QF|8QIQpptScL7Cq\ B_!.$'? trailer endobj In his dissenting opinion in United States v. Abrams, Justice Holmes offered a theory of how free expression advances our search for truth and our cultivation of an informed electorate. <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> In general, this is a well-established right (though further investigation will reveal that it somewhat less clear than one might expect). <<9A51789941B6B2110A00D827B2010000>]/Prev 74391>> 0000004676 00000 n The Michigan Journal of Race & Lawis a legal journal that serves as a forum for the exploration of issues relating to race and law. The Supreme Court ordered them free despite the Spanish governments claim that the captives were its property. It reflects on Executive Order 13769, widely known as the Muslim Ban, years after it was signed into law, as an extra-legal catalyst of state-sponsored and private Islamophobia that unfolded outside of the United States. 113 0 obj }&_vU6r [r U4'.0T0 6]\[E%f?~g)x. <>0]/P 13 0 R/Pg 46 0 R/S/Link>> 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. Next, the Article provides an overview of the TPS decision-making process, the Trump Administrations openly racist comments against Haitians and other people of color before and during the decision-making process to cancel TPS, and the departure from the established administrative process for TPS cancellation. In recent years, leading historians have come forward to clarify that these statues were erected not just as memorials but to express white supremacist intimidation in times of racially oppressive conduct. 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. 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. 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. When state law blocks removal or contextualization, communities may look to federal law as a source for taking antiracist action. u m i c h . As the celebrated Egyptian intellectual, Taha Hussein, famously put it: Cairo writes; Beirut prints; and Baghdad reads. Booksellers were everywhere in Baghdad. Despite the expressive nature of Confederate monuments, efforts to weaponize the First Amendment by both sides of the monument debate have failed, largely due to the government speech doctrine. 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. To that end,MJR&Lpublishes articles, notes, and essays on the cutting edge of civil rights scholarship from a wide variety of scholarly perspectives. Literacy rates in the country surpassed much of the Arabic-speaking world and, indeed, the Global South. The Article concludes with some necessarily preliminary and exploratory thoughts about potential curative measures. Finally, I provide a workable test for determining whether a particular exposure to a symbol of racial superiority possesses all the elements necessary to constitute an injury in fact for the purposes of standing. They claim they are forestalled by Article IIIs standing requirement that plaintiffs must have suffered a concrete injury in fact. 136 0 obj For more information, please contact mlaw.repository . Numerous influential individuals and organizations even posit that Islam is not a religion and that, therefore, Muslims do not have rights to religious freedom. School leaders' approval of in-school arrests and law enforcement re- endobj These intent requirements include the deliberate indifference standard of the Eighth Amendment, which regulates prison conditions, and the punitive intent standard of due process jurisprudence, which regulates the scope of confinement. <>/Border[0 0 0]/Contents( \n h t t p s : / / r e p o s i t o r y . After all, the person standing within earshot at a bustling Baghdad market, overhearing your conversationor maybe even your direct interlocutor could be an informant. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their statusfree or slavewould be determined. Instead, these parents provide their children with home-education in order to protect their childrens right to be and become in childhood. The Michigan Journal of Race & Law is a student-run civil rights journal published at the University of Michigan Law School. <>/Metadata 108 0 R/Outlines 76 0 R/Pages 107 0 R/StructTreeRoot 81 0 R/Type/Catalog/ViewerPreferences<>>> <>stream This Article describes the legal history of how, twenty years after the sterilizations began, the U.S. Department of Health, Education, and Welfare, in 1978, finally created regulations that prohibited the sterilizations. <>14]/P 20 0 R/Pg 46 0 R/S/Link>> Volume 27, Issue 1 PREVIOUS ISSUES OF MJR&L ARE NOW AVAILABLE AT THE MLAW JOURNAL REPOSITORY Volume 27.1 (2021) ARTICLES HISTORICAL RECKONING AND THE LAW Law in the Shadows of Confederate Monuments Article by Deborah R. Gerhardt Hundreds of Confederate monuments stand across the United States. <> 114 0 obj At that time, the regime offered free and universal education and healthcare. Some beautification measures have been undertaken: a specially designed fence has been installed; some trees have been planted; and at both entrances an informational sign is posted explaining the significance of the plot. 0000000616 00000 n 14 0 obj 0000002697 00000 n These efforts, too, have had limited success. endobj It tells the heroic story of Connie Redbird Uri, a Native American physician and lawyer, who discovered the secret program of government sterilizations, and created a movement that pressured the government to codify provisions that ended the program. Such possible theorization is developed via the stereotype doctrine. Much of this 300% increase went to countering terrorism with a mandate to surveil, investigate, and prosecute homegrown terrorists. In no uncertain terms, the directive was for the FBI to target Muslim communities. During the 2016 presidential election, however, it became apparent that a number of statements made by then-candidate Donald Trump proved difficult to rebut in the public dialogue, even though they were clearly and demonstrably false. 0:04. %%EOF This Article begins by tracing the origins of American carceralism, focusing on the modern prisons relationship to white supremacy and the post-Emancipation period in U.S. history. It ends by demonstrating how private terrorism suits reinforce discrimination and prejudice against Arabs and Muslims that are reflected in criminal terrorism prosecutions. It begins by describing the various federal tort statutes on terrorismincluding their fraught relationship with foundational tort law norms. In focusing on private terrorism litigation, this Article highlights how private parties are furthering the governments counterterrorism work, as well as how private terrorism suits reinforce the states endemic discrimination against Arabs and Muslims in the counterterrorism realm. The editors and staff of the journal hold film series, critical race theory events, and symposia on issues related to the intersection of race and law. For more information, please contact mlaw.repository . 125 0 obj endobj endobj 0000001173 00000 n <>/Border[0 0 0]/Contents( \n h t t p s : / / r e p o s i t o r y . This Essay highlights efforts, coalition building, and the necessary resources that contributed to the effective defense and education of impacted Muslim popula- tions. Dana Thompson 27 0 obj startxref 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. Abstract. 112 0 obj That modeloften called the marketplace of ideas, based upon the metaphor used by Holmeshas proven to be one of the most persistent and influential concepts in First Amend- ment jurisprudence. Most Popular Papers Receive Email Notices or RSS <>/Border[0 0 0]/Contents( M i c h i g a n J o u r n a l o f R a c e \n a n d L a w)/Rect[72.0 650.625 316.8125 669.375]/StructParent 1/Subtype/Link/Type/Annot>>
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