scholarly journals A Decade's Tale

2020 ◽  
Vol 19 (1) ◽  
pp. 217-238
Author(s):  
Dasha J. Rhodes ◽  
David L. Robinson ◽  
Paul C. Archibald ◽  
Laurens Van Sluytman
Keyword(s):  
African Americans ◽  
Use Of Force ◽  
Excessive Force ◽  
Consent Decree ◽  
Department Of Justice ◽  
Police Reform ◽  
Cultural Training ◽  
Social Work Values ◽  
Consent Decrees ◽  
The U.S

According to the U.S. Department of Justice (US DOJ, 2016), African Americans have experienced disproportionate instances of police use of excessive force as a result of discriminatory practices and insufficient training. Officers are permitted to use appropriate force in specific situations; however, when force is excessive and deemed unnecessary, it then becomes an issue of concern. The U.S. Department of Justice was invited to investigate police departments that participated in the use of excessive force and a consent decree was developed with those departments to remedy the DOJ's findings. The researchers conducted a consent decree analysis examining government investigations of police practices throughout the U.S. between 2008 and 2018 comprising the following terms: police reform, consent decrees, settlement agreement, investigation reports, use-of-force, and policy to determine how prevalent excessive force was used towards African Americans. Findings indicated that within the decade, 14 cities were investigated, 12 were identified as using excessive force, with nine having their use-of-force policies available, and four municipalities using excessive force against African Americans. Social work values, advocacy, and cultural training were also identified to aid in the decrease of excessive force complaints.

Questions

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
United States ◽  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Public Support ◽  
The United States ◽  
Future Research ◽  
White Americans ◽  
Two Factors ◽  
The U.S

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.

“The Real Nature and Spirit of Our Lives”

2018 ◽  
Author(s):  
Amanda Porterfield
Keyword(s):  
Economic Growth ◽  
African Americans ◽  
Social Organization ◽  
Labor Unions ◽  
Social Evolution ◽  
Fourteenth Amendment ◽  
The Real ◽  
Real Nature ◽  
Republican Liberty ◽  
The U.S

Proponents of social evolution blurred boundaries between commerce and Christianity after the Civil War, championing Christian work as a means to economic growth, republican liberty, and national prosperity. Meanwhile, workers invoked Christ to condemn patronizing attitudes toward labor, and by organizing labor unions to hold capitalists accountable to Pauline ideals of social membership. Influenced by organic theories of social organization that traced modern corporations to medieval institutions, U.S. courts began recognizing corporations as natural persons protected by rights guaranteed in the Fourteenth Amendment of the U.S. Constitution, which had originally be crafted to protect the rights of African Americans.

scholarly journals The Unique Challenges and Contributions of Diverse Caregivers

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 681-681
Author(s):  
Rita Choula
Keyword(s):  
African American ◽  
African Americans ◽  
Pacific Islander ◽  
Asian Pacific Islander ◽  
Asian Pacific ◽  
Hispanic White ◽  
The U.S ◽  
Unique Context

Abstract Caregiving in the U.S. 2020 oversampled African Americans, Hispanics, Asians, and people over the age of 75. Six in ten caregivers report being non-Hispanic white, 17% are Hispanic, 14% non-Hispanic African-American or black, 5% Asian/Pacific Islander, and 3% some other race or ethnicity, including multiracial. The session will emphasize the unique context of diverse caregivers, including African American, Hispanic, Asian, and LGBT+ caregivers. The session will begin by discussing the portrait of the typical caregiver of each of these groups. It will follow with a discussion of the challenges facing diverse caregivers in the aggregate and the opportunities to recognize and support them across settings.

scholarly journals Historical Racist Violence and Intergenerational Harms: Accounts from Descendants of Lynching Victims

2021 ◽  
Vol 694 (1) ◽  
pp. 78-91
Author(s):  
Shytierra Gaston
Keyword(s):  
African Americans ◽  
Research Policy ◽  
Well Being ◽  
Policy And Practice ◽  
Violent Event ◽  
History Of ◽  
Racialized Violence ◽  
Depth Interviews ◽  
The U.S

African Americans are disproportionately victimized by various forms of racialized violence. This long-standing reality is rooted in America’s history of racist violence, one manifestation being racial lynchings. This article investigates the long-term, intergenerational consequences of racial lynchings by centering the voices and experiences of victims’ families. The data comprise in-depth interviews with twenty-two descendants of twenty-two victims lynched between 1883 and 1972 in the U.S. South. I employed a multistage qualitative analysis, revealing three main domains of harmful impacts: psychological, familial, and economic. The findings underscore that racist violence has imposed harm beyond victims and for many decades and generations after the violent event. These long-term, intergenerational harms, especially if multiplied across countless incidents, can fundamentally impact the well-being of individuals, families, and communities as well as contribute to structural and macrolevel forces. Findings from this study have implications for research, policy, and practice, including efforts toward redress and reparations.

scholarly journals Night Landings on an Aircraft Carrier: Hospital Mergers and Antitrust Law

1997 ◽  
Vol 23 (2-3) ◽  
pp. 191-220
Author(s):  
Thomas L. Greaney
Keyword(s):  
Federal Trade Commission ◽  
Federal Courts ◽  
Antitrust Law ◽  
Department Of Justice ◽  
Aircraft Carrier ◽  
Hospital Mergers ◽  
The Past ◽  
Consent Decrees ◽  
The Government ◽  
Administrative Proceedings

Justice Stewart’s 1966 dictum about the inevitability of government success in challenging mergers under Section 7 of the Clayton Act held true for another fifteen years or so. In the early 1980s, however, federal enforcement agencies, the Department of Justice (DOJ) and the Federal Trade Commission (FTC), began to find the federal courts less hospitable to antitrust merger cases as more sophisticated economic inquiries and changing proof burdens complicated the task of identifying anticompetitive mergers. Indeed, since the early 1980s, the government has lost more litigated merger cases than it has won and has come under criticism from some quarters for becoming gun shy and not adequately policing the wave of consolidations that have occurred over the past decade.Hospital mergers, however, are a different story. Until two years ago, the government rode a streak of important victories in federal courts and FTC administrative proceedings, and had obtained consent decrees from scores of hospitals that had announced plans to merge.

scholarly journals Interpretation of Consent Decrees and Microsoft v. United States I: Making Law in the Shadow of Negotiation

2001 ◽  
Vol 1 ◽  
Author(s):  
Lloyd C. Anderson
Keyword(s):  
United States ◽  
Federal Courts ◽  
Consent Decree ◽  
Public Forum ◽  
The Public ◽  
Private Ordering ◽  
Negotiated Settlements ◽  
Consent Decrees ◽  
The Law ◽  
Substantive Law

 People negotiate agreements "in the shadow of the law," whether in the private ordering of affairs such as drafting contracts or in the public forum of settling lawsuits.[1] A reverse phenomenon, however, has gone largely unnoticed: judges occasionally declare law in the shadow of negotiated settlements. In interpreting the terms of a consent decree[2] when the parties themselves cannot agree on what obligations such terms impose, the judge may determine that both the words and the parties' own intentions are so ambiguous that the words must be interpreted in light of the substantive law that gave rise to the plaintiffs' claim. This writer has previously contended that the meaning of an ambiguous term should be determined, in part, "by reference to the constitutional or statutory rights sought to be vindicated in the litigation." Even if the law is somewhat uncertain, part of the judge's interpretive effort should be to determine which interpretation "will best serve the policies of the relevant law."[3] It appears that the federal courts, at least, have adopted this position.[4]

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