Our Lower Courts Must Get in ‘Good Trouble, Necessary Trouble,’ and Desert Two Pillars of Racial Injustice — Whren v. United States and Batson v. Kentucky

2020 ◽  
Author(s):  
Lauren McLane
Keyword(s):  
United States ◽  
Racial Injustice ◽  
Lower Courts

Religion, Race, and Humanism

2018 ◽  
Author(s):  
Anthony B. Pinn
Keyword(s):  
United States ◽  
African American ◽  
African Americans ◽  
Richard Wright ◽  
Institutional Development ◽  
The United States ◽  
Unitarian Universalist ◽  
Racial Injustice ◽  
History Of ◽  
Lorraine Hansberry

This chapter explores the history of humanism within African American communities. It positions humanist thinking and humanism-inspired activism as a significant way in which people of African descent in the United States have addressed issues of racial injustice. Beginning with critiques of theism found within the blues, moving through developments such as the literature produced by Richard Wright, Lorraine Hansberry, and others, to political activists such as W. E. B. DuBois and A. Philip Randolph, to organized humanism in the form of African American involvement in the Unitarian Universalist Association, African Americans for Humanism, and so on, this chapter presents the historical and institutional development of African American humanism.

scholarly journals Trump v. Hawaii

2019 ◽  
Vol 113 (1) ◽  
pp. 109-116 ◽  
Author(s):  
Peter J. Spiro
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Lower Courts ◽  
Trump Administration

In Trump v. Hawaii, the United States Supreme Court upheld admissions restrictions imposed by the Trump administration on nationals of certain countries for putative security reasons. In so doing, the Court's opinion reaffirmed judicial deference to the president on matters relating to immigration. Although the decision marked a Trump administration victory at the end of a protracted judicial clash, the lower courts are likely to continue operating as a check on aggressively restrictionist policies pursued by the administration on other fronts.

The Politics of Federal Courts: Lower Courts in the United States.

1972 ◽  
Vol 1 (3) ◽  
pp. 257
Author(s):  
Edward W. Haurek ◽  
Richard J. Richardson ◽  
Kenneth N. Vines ◽  
James R. Klonoski ◽  
Robert I. Mendelsohn
Keyword(s):  
United States ◽  
The United States ◽  
Federal Courts ◽  
Lower Courts

scholarly journals Teacher Speech Inside and Outside of Classrooms in the United States: Understanding the First Amendment

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 88
Author(s):  
Suzanne Eckes ◽  
Charles J. Russo
Keyword(s):  
United States ◽  
Public Schools ◽  
First Amendment ◽  
The United States ◽  
Court Cases ◽  
Legal Context ◽  
Lower Courts ◽  
Public School Educators ◽  
Free Speech Rights ◽  
Do So

Concerns often arise about the First Amendment rights of public school educators in the United States both inside and outside of their classrooms. As such, after setting the legal context, we analyze teachers’ free speech rights in a variety of settings. In order to do so, we discuss illustrative cases analyzing the legal landscape of teachers’ free expressions rights in U.S. public schools. The purpose of this article is to provide a brief overview highlighting Supreme Court cases and selected opinions from lower courts involving teacher speech impact the expressive rights of educators in public schools rather than serve as a comprehensive analysis of all such speech cases.

From Unwatchable Life to Consumable Spectacle: On History and the Black-Korean Conflict

2018 ◽  
Vol 4 (3) ◽  
pp. 280-296
Author(s):  
Shelley Sang-Hee Lee
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Los Angeles ◽  
Economic Inequality ◽  
The United States ◽  
Cultural Phenomenon ◽  
Racial Injustice ◽  
Interethnic Conflict ◽  
Late Twentieth ◽  
Late Twentieth Century

This article considers the immigrant store owner as spectacle, signifier, and actor in Korean-Black relations in Los Angeles during the late twentieth century, arguing that the “Black-Korean conflict” was an historical and cultural phenomenon in which events and their representations built upon each other. Members of these groups sometimes resisted and interrogated the framework of interethnic conflict which was projected onto them, but also incorporated it into their outlooks and organizing strategies. The article also reflects upon efforts to address intergroup tensions and conflict against a backdrop of widespread racial injustice and economic inequality in Los Angeles and the United States.

Forging the Path Forward from Censorship

2015 ◽  
pp. 590-605
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Free Speech ◽  
The United States ◽  
United States Constitution ◽  
Student Speech ◽  
School Officials ◽  
The Future ◽  
Lower Courts ◽  
The Right

This chapter presents the conclusions to the book. It discusses ideas for the future of the off-campus student-speech jurisprudence. This discussion includes guidance for school officials and students on how to navigate the jurisprudence. The discussion urges school officials to exercise censorship restraint when confronted with off-campus student speech unless the speech constitutes a true threat. It also implores school officials and lower courts to treat students as citizens entitled to the right to free speech under the United States Constitution. Consonantly, the chapter recommends that school officials leave censorship of off-campus speech to law enforcement as well as the civil and criminal judicial processes as obtains for the citizenry at large. The goal of the chapter is to recommend ideas that students, school officials and lower courts can consider in order to minimize the abridgement of students' right to speech in off-campus settings.

The United States Supreme Court: Definitions of Obscenity

1972 ◽  
Vol 18 (1) ◽  
pp. 59-67
Author(s):  
Marc Schnall
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Current Test ◽  
The Supreme Court ◽  
Average Person ◽  
Lower Courts ◽  
Definition Of

This article summarizes the activity of the United States Supreme Court in formulating and applying definitions of what constitutes obscenity. For almost ninety years, American courts applied a test of obscenity established by a British court in 1868. In 1957, after lower courts in the United States had expanded the British definition, the Supreme Court, in Roth v. United States, defined as obscene such material which, "to the average person, apply ing contemporary community standards," appealed to prurient interests and lacked redeeming social value. Between 1957 and 1966, the Court added several dimensions to its definition of obscenity. The current test of obscenity was framed in 1966 in Memoirs v. Massachusetts, which reworded the Roth definition and included a third standard—namely, that the material must also be "patently offensive." This article examines not only the Supreme Court's actual definitions of obscenity but also the trends in these definitions and the Court's continual efforts to define and redefine obscenity.

scholarly journals Commentary: Reflections on the COVID-19 Pandemic and Health Disparities in Pediatric Psychology

2020 ◽  
Vol 45 (8) ◽  
pp. 839-841 ◽  
Author(s):  
Jessica Valenzuela ◽  
Lori E Crosby ◽  
Roger R Harrison
Keyword(s):  
United States ◽  
Health Disparities ◽  
Health Impact ◽  
The United States ◽  
People Of Color ◽  
Social Emotional ◽  
Community Based ◽  
Vulnerable Communities ◽  
Racial Injustice ◽  
Novel Coronavirus

Abstract The COVID-19 (2019 novel coronavirus) pandemic has had a significant economic, social, emotional, and public health impact in the United States. A disturbing trend is that Black, Indigenous, and/or People of Color (BIPOC) are disproportionately contracting coronavirus, as well as dying from COVID-19. Objective/Methods The pandemic has the potential to entrench and magnify existing health disparities and families marginalized across multiple demographic intersections such as race/ethnicity, class, immigration status, are especially vulnerable. These inequities have been further underscored by the recent murders of Black Americans by police and a resulting spotlight on racial injustice in the United States. Results Efforts to lessen the spread of the virus, have resulted in changes in pediatric primary and subspecialty service delivery which may affect access for BIPOC communities. BIPOC trainees including those with debt or caregiving responsibilities may be faced with new barriers resulting in delays in completion of their training. Further, clinical, community-based, and translational research has been disrupted by heightened safety precautions and social distancing which may affect BIPOC representation in research downstream. Conclusion In our roles as clinicians, supervisors, trainees, and researchers in primary and subspecialty care as well as in academia, pediatric psychologists have an ethical responsibility to address the disproportionate burden of this pandemic on vulnerable communities and to allocate our time and resources to ensuring health equity now and in the aftermath of COVID-19.

scholarly journals Paternalistic aims and (mis)attributions of agency: What the over-punishment of Black girls in US classrooms teaches us about just school discipline

2020 ◽  
Vol 18 (1) ◽  
pp. 59-77
Author(s):  
Lily Lamboy ◽  
Ashley Taylor ◽  
Winston Thompson
Keyword(s):  
United States ◽  
Secondary Schools ◽  
Low Income ◽  
School Discipline ◽  
The United States ◽  
Black Girls ◽  
Complex Case ◽  
Normative Reasoning ◽  
Racial Injustice ◽  
School Punishment

In this article, we explore the interrelated phenomena of teachers’ paternalistic aims and their misattributions of the agency of their students within particular schooling contexts of systemic racial injustice in the United States. We argue that, because teachers in these contexts assess agency in patterned, predictable ways that stem from – and reify – preexisting unjust patterns of oppression, teachers are unreliable evaluators of the conditions necessary for just punishment. To build this argument, we explore a complex case in which authorities regularly fail to meet these conditions: the punishment of Black girls in low-income, urban, predominantly non-White primary and secondary schools in the United States. Through our analysis, we offer a new concept, excess agency misattribution, which raises serious questions about subjective justifications for punishment in contexts of entrenched injustice. By delineating how the perceptions of teachers influence both the putative justifying aims and targeted recipients of punishment, we demonstrate how the existing terrain of school punishment practices ought to affect our normative reasoning about the fairness of punishment in these contexts.

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