michigan journal of race and law

Home > Journals > Michigan Journal of Race and Law > Volume 23 > Issues 1&2 (2018) The Case Against Police Militarization Eliav Lieblich, Tel Aviv University Adam Shinar, Radzyner Law School Abstract We usually think there is a difference between the police and the military. 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. <>stream %%EOF 42 0 obj %PDF-1.7 % 0000002228 00000 n l a w . 0000001425 00000 n Of particular concern, some of those statements fed into biases against and stereo- types of racial, ethnic, and religious minorities and women. Read more about our history. Home > Journals > Michigan Journal of Race and Law . These sanctions would freeze remittances (that is, hold them hostage) until Mexican President Enrique Pen a Nieto wired the United States sufficient monies for construction. Yet when the day came, the mob of pro-Trump extremists seemed to catch law enforcement by surprise. How do we define it?deserve a separate space, which will be shared in a forthcoming article. endobj <>/Border[0 0 0]/Contents( \n h t t p s : / / r e p o s i t o r y . Critical race scholars have exposed immigration injustices and called out xenophobia and Islamophobia. <>/Metadata 108 0 R/Outlines 76 0 R/Pages 107 0 R/StructTreeRoot 81 0 R/Type/Catalog/ViewerPreferences<>>> 0 l a w . 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. Part of my childhood was spent in Baghdad, Iraq, during the rule of Saddam Hussein. But what struck me, even as a child, was the absence of sustained talk about politics in bookshops, markets, and other public spaces. One of the debates often encountered by native southerners centers around our historical symbols. This Article discusses the marketplace of ideas model and its underlying assumptions about how human beings process information and make decisions. They claim they are forestalled by Article IIIs standing requirement that plaintiffs must have suffered a concrete injury in fact. Looking towards the future, this Article discusses reparations and remittances as creative ways to repair some of the damage wrought by the United States history of racial discrimination in immigration and foreign policy against Haitians. 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. 6 0 obj endobj This Essay highlights efforts, coalition building, and the necessary resources that contributed to the effective defense and education of impacted Muslim popula- tions. 130 0 obj endobj 116 0 obj <>/Border[0 0 0]/Contents(mlaw.repository@umich.edu)/Rect[72.0 72.3516 185.6162 82.8984]/StructParent 6/Subtype/Link/Type/Annot>> VvHo\`w`X Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. 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. UPDATE: Our bound, printed Vol. 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. 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. The Muslim Ban had an immediate impact on tens of thousands of Mus- lims, directly affecting U.S. visa and green card holders currently outside of the country, while exacerbating fear and hysteria among immigrant and citizen Mus- lim populations within the country. 0000000016 00000 n It begins by describing the various federal tort statutes on terrorismincluding their fraught relationship with foundational tort law norms. Its people read voraciously and passionately debated literature, poetry, and a range of other subjects. SAGINAW, Mich. (AP) A 51-year-old woman and a 19-year-old man were slain and a dozen others wounded during a shooting at a large street party in Michigan that was promoted on social media. 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. endobj Puerto Rico and Constitutional Obligation, When Critical Race Theory Enters the Law & Technology Frame, In Fear of Black Revolutionary Contagion and Insurrection: Foucault, Galtung, and the Genesis of Racialized Structural Violence in American Foreign Policy and Immigration Law, Asian Americans and Pacific Islanders and the Prison Industrial Complex, A Fare Share: A Proposed Solution to Address the Racial Disparity in Access to Public Transportation Funding in America, We Are Asking Why You Treat Us This Way. 90 - into law, once again amending the state's increasingly broad anti-discrimination statute . When state law blocks removal or contextualization, communities may look to federal law as a source for taking antiracist action. I focus on textualism as described by Justice Scalia, as well as Scalias justification for textualism and discussion about the role of the judiciary in interpreting texts. 0000000991 00000 n <>stream Learn More. MUSKOGEE - NASCAR racer Jimmie Johnson 's in-laws were found dead on Monday in what Oklahoma police are investigating as a murder-suicide. The Article concludes with some necessarily preliminary and exploratory thoughts about potential curative measures. PDF Ghosts of Alabama: The Prosecution of Bobby Frank Cherry for the In comparison, the Amistad concerned the fate of captives aboard a slave trade ship in which the captives committed mutiny, attempted to sail to Africa, but were captured by a U.S. vessel. In light of those failures, is felon disenfranchisement here to stay? 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. Michigan Law School on Twitter: "RT @EmilyAPrifogle: Kate Markey Schooling the Police: Race, Disability, and the Conduct of School A curative approach, this Article asserts, is one in which the law focuses on carceral effect rather than carceral intent, as others have argued in the context of equal protection. 0000001516 00000 n 117 0 obj 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. Hence, privacy may be viewed as the right of individuals to be and become themselves. 0000001748 00000 n 1:00. The Federal Civil Rights Act offers an untapped but promising foundation for resolving these controversies. 2021-05-17T12:06:22-07:00 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. For a quarter century, MJR&L at the University of Michigan has been a preeminent source of diverse a Michigan Journal of Race and Law | Ann Arbor MI They can devastate the noncitizens legal defense by destroying an existing attorney-client relationship or the noncitizens ability to obtain representation. Columbia Journal of Race and Law 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. Revisited: The Role of Race in Intra-Race Legal Representation, Tightening the OODA Loop: Police Militarization, Race, and theAlgorithmic Surveillance. 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. The lesson has colored my subsequent work on surveillance, including this reflection on the contemporary role of informants in the United States. I take inspiration, of course, from Jonathan Swifts A MODEST PROPO- SAL (1729), as well as the legal-literary experiments found in DERRICK BELLS FACES AT THE BOTTOM OF THE WELL: THE PERMANENCE OF RACISM (1993) and Richard Delgados Storytelling for Oppositionists and Others: A Plea for Narrative, 87 MICH. L. REV. 115 0 obj Detention silences important voices, aggravates ineffective representation, damages public perception, and ultimately harms case outcomes. Still, the American education system exposes Black children to racial discrimination that results in life-long injuries ranging from the psychological harms of daily racial micro-aggressions and assaults, to disproportionate exclusionary discipline and juvenile incarceration. *\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$ 15 0 obj <>/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>> How Dogs Have Been Used to Oppress African Americans, The Right to Be and Become: Black Home-Educators as Child Privacy Protectors, Symbolism and the Thirteenth Amendment: The Injury of Exposure to Governmentally Endorsed Symbols of Racial Superiority, Incorporating Social Justice into the 1L Legal Writing Course: A Tool for Empowering Students of Color and of Historically Marginalized Groups and Improving Learning, White Caller Crime: Racialized Police Communication and Existing While Black, Virtual Hatred: How Russia Tried to Start a Race War in the United States, Under Coyotes Mask: Environmental Law, Indigenous Identity, and #NoDAPL, Digital Colonialism: The 21st Century Scramble for Africa through the Extraction and Control of User Data and the Limitations of Data Protection Laws, Batsonfor Judges, Police Officers & Teachers: Lessons in Democracy From the Jury, Vulnerability, Access to Justice, and the Fragmented State, Distant Voices Then and Now: The Impact of Isolation on the Courtroom Narratives of Slave Ship Captains and Asylum Seekers, Fairness in the Exceptions: Trusting Juries on Matters of Race, Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time, The Resilience of Noxious Doctrine: The 2016 Election, the Marketplace of Ideas, and the Obstinacy of Bias, Legacy in Paradise: Analyzing the Obama Administrations Efforts of Reconciliation with Native Hawaiians, Why Should I Go Vote Without Understanding What I Am Going to Vote For? The Impact of First Generation Voting Barriers on Alaska Natives, Concealed Motives: Rethinking Fourteenth Amendment and Voting Rights Challenges to Felon Disenfranchisement, Am I My Client? In this view, fragmentation in state operations creates not only challenges for access, but also opportunities for resistance, resilience, and justice. u m i c h . 120 0 obj 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. The University of Michigan Law School , Online Student Notes: Africana Legal Studies, A More Human Dwelling Place: Reimagining the Racialized Architecture of America (2018), Innocent Until Proven Poor: Fighting the Criminalization of Poverty (2016), Inhumane and Ineffective: Solitary Confinement in Michigan and Beyond (2013), Reinventing the Wheel: Why Broken Cities Stay Broken (2010), From Proposition 209 to Proposal 2 (2008), Going Back to Class: The Reemergence of Critical Race Theory (2005), Separate But Unequal: The Status of Americas Public Schools (2002), Identities in the Year 2000 and Beyond (2000), Constitution-Making in South Africa (1997). 137 0 obj endobj 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. endstream endobj First, this Article briefly outlines the history of exclusionary, race-based immigration laws in the United States, and specifically how this legal framework, coupled with existing anti-Black ideologies in the United States, directly impacted Haitians and Haitian immigrants arriving in the United States. Michigan Journal of Race & Law, please contact the Business Manager at the address or phone number below. The owner of the cemetery, the University of Virginia, has made no attempt to exclude or to sell the land, nor likely would they, but it is unclear that they could not should they so desire. This Article attempts to address why textualism distorts the Supreme Courts jurisprudence in Indian law. [130 0 R 131 0 R 132 0 R 133 0 R 134 0 R 135 0 R] Despite the growing public concern, modern courts refuse to rule on the question. endobj 119 0 obj <>stream This critical failure of our democracy threatens to undermine the legitimacy of these important civic institutions. Foreword: Reflections on Our Founding Past Issues - Michigan Journal of Race & Law After all, the person standing within earshot at a bustling Baghdad market, overhearing your conversationor maybe even your direct interlocutor could be an informant. Namely, the jury should be made aware of their own implicit biases and of the limited nature of the footage. endobj To that end, MJR&L publishes articles, notes, and essays on the cutting edge of civil rights scholarship from a wide variety of scholarly perspectives. 36 0 obj endobj & Professor Luis E. Fuentes-Rohwer 97, Founder & Executive Editor, Vol. The two-term mayor announced his bid for the Republican presidential nomination on Thursday. Lawyers as Social Engineers: How Lawyers Should Use Their Social Capital to Achieve Economic Justice <> In the United States, the space to tell, and to hear, our stories has been expanding. 131 0 obj <<1DB3845BB3B0B2110A00108334E8FC7F>]/Prev 75325>> 0000001839 00000 n <>/Border[0 0 0]/Contents( \n h t t p s : / / r e p o s i t o r y . endobj One of those rights is the right to be free from slavery, which the courts have expanded to include all of its badges and incidents. endobj Where was the FBI in the months leading up to the violent siege on the U.S. Capitol in 2021? 41 0 obj This Note argues that although body-camera footage may be useful as one form of evidence in cases of police violence, lawyers and judges should be extremely careful about how it is presented to the jury. 0000001984 00000 n Charges filed in signature scandal for 2022 Michigan governor race Yet to date, most challenges to the provisions under the Equal Protection Clause and Voting Rights Act have been unsuccessful, frustrating proponents of re-enfranchisement and the disenfranchised alike. 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. endobj DexYwqglL0/:-,=\@M1_oA:d 9,U+!^kV,P$,4~Klam]A,@:@EO!yc^_?^l[ZKI.o;?N4@ e Gretchen Whitmer signed a bill updating the state's civil rights law to ban race-based hair discrimination. Recognizing dynamics of intra-White racialization and the racial work behind Whiteness, this Article concludes, is aligned with Title VIIs antisubordination goals, as it is in the interest of racial minorities as well. Pushing an End to Sanctuary Cities: Will it Happen? <>16]/P 20 0 R/Pg 46 0 R/S/Link>> This disinformation stubbornly resisted efforts at correction. Michigan Journal of Race and Law 2021-05-17T12:06:22-07:00 This Article offers a critique of overreliance on integration and mobility programs to remedy urban colonialism. Through the arts of law and literature, I aim to show how the rule of law may so easily buckle and splinter beneath the increasing tide of United States, as well as global, nationalism and racism. Indeed, much like the U.S. governments 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. It further examines the heightened vulnerabilities of and compounded inju- ries to often-overlooked Muslims at the intersection of race and poverty, as a consequence of Islamophobic policies such as the Muslim Ban. 27 0 obj The FBIs annual budget ballooned from $3 billion in 1999 to nearly $10 billion today.
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