Category Archives: Race

New Article: “States’ Rights, Welfare Rights, and the ‘Indian Problem': Negotiating Citizenship and Sovereignty, 1935-1954″

New Article: Karen M. Tani, States’ Rights, Welfare Rights, and the ‘Indian Problem': Negotiating Citizenship and Sovereignty, 1935-1954, Law and History Review forthcoming 2015.  Abstract below:

Starting in the 1940s, American Indians living on reservations in Arizona and New Mexico used the Social Security Act of 1935 to assert unprecedented claims within the American federal system: as U.S. and state citizens, they claimed federally subsidized state welfare payments, but as members of sovereign nations, they denied states the jurisdiction that historically accompanied such beneficence. This article documents their campaign, and the fierce resistance it provoked, by tracing two legal episodes. In 1948, through savvy use of both agencies and courts, and with aid from former government lawyer Felix Cohen, reservation Indians won welfare benefits and avoided accompanying demands for state jurisdiction; the states, in turn, extracted a price–higher subsidies–from the federal government. Arizona officials re-opened the dispute in 1951, by crafting a new welfare program that excluded reservation Indians and suing the federal government for refusing to support it. The 1954 dismissal of the case was a victory for Indians, but also leant urgency to efforts to terminate their anomalous status. Together these episodes illustrate the disruptive citizenship claims that became possible in the wake of the New Deal and World War Two, as well as the increasingly tense federal-state negotiations that followed.

Ferguson DOJ Reports

Here, at the bottom of the page and links below as well.

New Report: “Here We Go Again: Communities of Color, the Foreclosure Crisis, and Loan Servicing Failures”

New Report: MFY Legal Services & the ACLU, Here We Go Again: Communities of Color, the Foreclosure Crisis, and Loan Servicing Failures (2015).

New Article: ““Continually Reminded of Their Inferior Position”: Social Dominance, Implicit Bias, Criminality, and Race”

New Article: Darren Lenard Hutchinson, “Continually Reminded of Their Inferior Position”: Social Dominance, Implicit Bias, Criminality, and Race, 46 Wash. U. J.L. & Pol’y 23 (2014).  Abstract below:

This Article contends that implicit bias theory has improved contemporary understanding of the dynamics of individual bias. Implicit bias research has also helped to explain the persistent racial disparities in many areas of public policy, including criminal law and enforcement. Implicit bias theory, however, does not provide the foundation for a comprehensive analysis of racial inequality. Even if implicit racial biases exist pervasively, these biases alone do not explain broad societal tolerance of vast racial inequality. Instead, as social dominance theorists have found, a strong desire among powerful classes to preserve the benefits they receive from stratification leads to collective acceptance of group-based inequality. Because racial inequality within criminal law and enforcement reinforces the vulnerability of persons of color and replicates historical injuries caused by explicitly racist practices, legal theorists whose work analyzes the intersection of criminality and racial subordination could find that social dominance theory allows for a rich discussion of these issues.

News Article: Is Ending Segregation the Key to Ending Poverty? – The Atlantic

Is Ending Segregation the Key to Ending Poverty? – The Atlantic.

News Article: “The American Dream shatters in Prince George’s County” – The Washington Post

The American Dream shatters in Prince George’s County | The Washington Post.

Conference Agenda, Mid-Atlantic People of Color Conference, Jan 29-31, 2015 at West Virginia University

For those in the area, this conference has numerous poverty related talks: MAPOC 2015 Agenda | College of Law | West Virginia University.

How Black Middle-Class Kids Become Poor Adults – The Atlantic

How Black Middle-Class Kids Become Poor Adults – The Atlantic.

New Report: “The Making of Ferguson: Public Policies at the Root of its Troubles”

New Report: Richard Rothstein, The Making of Ferguson: Public Policies at the Root of its Troubles (Economic Policy Institute 2014).

Documents Released in the Ferguson Case – NYTimes.com

Documents Released in the Ferguson Case – NYTimes.com.