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Race, Racism and The Law
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- By Vernellia Randall
- Category: About Us
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Race, Racism And The Law considers race, racism and racial distinctions in the law. It examines the role of domestic and international law in promoting and/or alleviating racism. This website makes law review scholarship (and related material) more accessible to community activists, students, and non-legal faculty.
Vernellia Randall
Professor Emerita of Law
The University of Dayton School of Law
Speaking Truth to Power - Vernellia R. Randall
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- By Vernellia Randall
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An eclectic collection of poetry, music, essays and the musing of one African American woman on race, racism, gender, health care, law, and legal education.
I hope that this site and my work
inspires women-of-color and men-of-color who are struggling to succeed in a racially hostile world.
provides insight and education to non-blacks on issues of importance to the black community.
I use this site and my work to provide me a creative and spiritual outlet as I struggle in a profession that has become almost devoid of creativity and spirituality.
I hope that my site and my work reflects who I am -
an African American, a woman, a mother, a sister, an aunt, and a friend who works continuously at changing the world through law, love, and activism.
But first I'd like to share with you some poems and passages that have been important in my life:
The American Genocide of the Indians—Historical Facts and Real Evidence
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- By People Republic of China
- Parent Category: Racial Groups
- Category: American Indians and Indigenous People
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The Chinese Embassy in Washington D.C. recently released a statement entitled "The American Genocide of the Indians—Historical Facts and Real Evidence" in response to U.S. diplomats boycotting the Beijing Olympics, citing human rights abuses. The statement identifies the definition of genocide. It declares, "According to international law and its domestic law, what the United States did to the Indians covers all the acts that define genocide and indisputably constitute genocide." While the accusations against China by the United States are valid, so are the accusations from China about the United States. The document highlights the atrocities of the past, the American Indians' current disadvantaged political status, and the poor economic and security conditions they face each day. (Full Document)
Justice as Healing: Native Nations and Reconciliation
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- By Rebecca Tsosie
- Parent Category: Rights of Indigenous Peoples
- Category: Tribal Sovereignty
Abstract
Excerpted From: Rebecca Tsosie, Justice as Healing: Native Nations and Reconciliation, 54 Arizona State Law Journal 1 (Spring, 2022) (68 Footnotes) (Full Document)
I am giving this lecture in October 2020, as we near the end of a year marked by multiple and often overlapping crises. The global pandemic remains our most serious concern, as we struggle to determine how--or if--our society can ever truly return to “normal.” The climate crisis is evident in the unprecedented fires that have burned throughout California, the Pacific Northwest, the Southwest, and now rage in the Mountain states. In the summer months, we witnessed racial violence and widespread protests for racial justice, highlighting the urgent need for renewed attention to racial inequalities and the stark fact that some lives are clearly not given the same value as others. It quickly became apparent that the intersection of race, poverty and inequality still jeopardizes the health of our nation. As I explored the role of the law in sustaining our ability to meet these various crises, I saw that our notions of justice in the present moment (for example, how we could ensure the safe closure of reservation borders, given that these communities do not have access to food, water, and safe housing in a pandemic) were incomplete without reference to our collective past. The legacy of colonialism haunts us still, although we rarely acknowledge this in public discourse. Most importantly, I wanted to look toward the future in a way that highlighted the theme of healing trauma and restoring a vision of justice that was sustainable and had the capacity to transform the deficiencies in our current institutions.
When I was invited to give this lecture, I reflected on Judge Canby's legacy of intellectual leadership. In 1989, Judge Canby wrote the Foreword for an Indian Law Symposium, organized by two prominent University of Arizona law faculty members, the late Professor Vine Deloria, Jr., and Professor Robert Williams-- both of whom started the UA Indian law program and were leading Native law faculty members when I was a student. Judge Canby's text inspired me so much that I quote it on my Federal Indian law class syllabus each year. Professor Canby wrote that Indian law is a complex field of law that features challenging jurisdictional contests, but it also has a greater significance:
A Reflection about Black Progress: Not Better or Worst - Just Different
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- By Vernellia Randall
- Parent Category: Slavery to Reparations
- Category: Racial Reentrenchment and Neoslavery
Vernellia R. Randall, A Reflection about Black Progress: Not Better or Worst - Just Different, (Full Document) Racism.org (Last Visited: March 7, 2022)
Yesterday was my birthday. Today is the 57th anniversary of the Selma March. I was 17 years old at the time of the Selma March.
To some things are better because there are no more overt laws. To me, it is worst because the overt laws have been replaced by invisible discrimination that is harder to fight.
Maybe worst is not the right word.
Not worst but not better either just different.
I grew up in the segregated south - went to segregated schools where the black teachers encouraged and helped us to achieve our best. We did not always have the best books, equipment of buildings but we had the best and brightest teachers who were role models for us because they were black.
I grew up going into the side door of white businesses because we could not go through the front. But I also grew-up going to vibrant black business that thrived because of segregation.
Integration ruined all that and we are seeing the long-term impact of the destroyed black educational system taken over by whites that are at best indifferent and worst hostile to black children.
We have seen the implementation of a school-to-prison pipeline where black bodies continue to be a commodity on which to make money.
We have seen the destruction of the entrepreneur's economic base in the black community.
We have seen the media demonize black men and women alike.
We have seen a significant increase in the brutalization of black men and women. And black women are being made irrelevant to the point that 64000 missing black women are not even discussed.
We have a race/class/gender ceiling in access to education and employment.
To the extent that removing overt laws of segregation is a step forward, we definitely moved forward.
To the extent that replacing an overt system with a covert system -- we have taken many steps backward
Silencio: The Hispanic/Latino Reticent Approach to Racism
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- By Nicolle Londoño-Rosado
- Parent Category: Law and Justice
- Category: Racial Discrimination including Title VI, Title IX
Abstract
Excerpted From: Nicolle Londoño-Rosado, Silencio: The Hispanic/Latino Reticent Approach to Racism, 17 Florida A & M University Law Review 161 (Spring, 2023) (127 Footnotes) (Full Document)
Many Latinos dream of coming to America in search for a better way of life but instead are faced with discrimination based on where they come from, the language they speak, and the pigmentation of their skin. Racial discrimination is one of the most ever-present issues in the United States of America today. Some look at discrimination and believe that it has been “fixed” through our political and judicial processes. However, others know that discrimination is still alive and prominent today. Today, discrimination has manifested itself differently -it is discreet and indirect but still prominent in the daily lives of minoritized communities. The discussion of racism has always been between the Black and White communities -specifically, the oppression the Black community experiences as a result of racism. It has been stated that “the most pervasive and powerful paradigm of race in the United States is the ‘Black-White paradigm.”’ Racism and oppression against the Latino community also exist in the United States of America; however, it has received less coverage and recognition than that of the Black community for several reasons.
A poll performed by the Associated Press, found that 57% of non-Hispanic Whites harbored anti-Hispanic sentiment. Another poll conducted by the Pew Research Center found that 61% of the Latino community believed that racial discrimination against the Hispanic community is a “major problem.” This article will begin with an examination of the background and historical context of Latino History in the United States and how it has impacted and forced the Latino community into an abyss of forgotten struggles. It will explore some of the history of discrimination against Latino people in the United States, such as the Mexican American war and Latino Lynching. The lack of recognition of the history of discrimination against Latino people significantly contributes to the invisibility of racial issues in the community.
Part 1 article will highlight discrimination against Latinos and the effect that it has on the community. It will expose the unspoken truth of transgressions faced by Latinos in the United States and discuss how silence in the Latino community on racial issues has contributed to the invisibility of the Latino community. Part II will explore a theoretical view of why the Latinos have stayed silent and not vocalized racial discrimination. It will discuss possible factors surrounding educational institutions, the American Political system, lack of media coverage Latino hate crimes, the underrepresentation of Latinos in media, forced assimilation, Latino culture, and the possibility of the unfamiliarity of race language.
Part III will include a qualitative study on Latinos who are presently living in the United States who have faced racial discrimination in the form of, including but not limited to, a direct verbal remark, physical action, and patronization. The Pew Research Center conducted a qualitative and empirical study on Latinos and discrimination, providing us with data and sample size on Latinos and their experiences with discrimination under the Trump administration. This article will analyze a 2018 survey conducted by The Pew Research Center to understand the overall Latino assessment on discrimination, and apply its findings to address why the Latino community, who has experienced discrimination, has not vocalized and has disregarded such hate and crimes against them. Part IV will discuss proposals for change that may be instilled at a state or federal level to provide to support toward the Latino community and to properly educate on the racial discrimination faced by the Latino community. These proposals for change include, but are not limited to, educating the masses on Latino history and how it intertwines with American history, improving accuracy of reports of hate crimes against Latinos, empowering the Spanish language in public educational institutions, and creating programs to empower Latinos to enter workforces where Latinos are underrepresented.
[. . .]
Latinos are discriminated against based on the language they speak and education level. Pigmentation of their skin and stereotypes in American culture. Despite experiencing significant discrimination in the United States, Latinos are still reticent about sharing their personal experiences with racism and advocating for racial justice. Although the law can be used to improve race relations, Latinos would best benefit from the formulations of coalitions for change -following those of the Black community. These coalitions would focus on divulging and exposing racial discrimination faced by Latinos and working toward progressions of those issues. They can also encourage other racially minoritized communities, who experience discrimination in the United States of America, to find support and advocacy within their coalitions. To develop diverse coalitions for racial justice, there must be a willingness of all communities to learn from each other's experiences. This requires a commitment to recognizing each minoritized community's contributions, embracing their differences and similarities, and keeping an eagerness “to bake a [new] American pie to be shared equitably by the people in this nation.”
Nicolle Londoño-Rosado, J.D. Candidate, Florida A&M University College of Law, 2023.