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Posts tagged Racism
Suppressing Learning About Race and Law: A New Badge of Slavery? – A Brief Commentary

By Leroy Pernell

There is a war being waged against African Americans, and their ability to speak out against racial injustice, which is more intense than any past attempt at suppression, since post-reconstruction in America. This war has been characterized by state legislative initiatives aimed at denying consideration or discussion of Critical Race Theory. Under the guise of “Anti-WOKE,” states, such as Florida have sought not only to prevent serious discussion of Critical Race Theory, but to broaden the attack to deny advocacy or discussion of the more general issue of systemic role of race in our understanding of American jurisprudence, as well. These actions have, to date, resulted in legal challenges drawn from First and Fourteenth Amendment considerations. While these constitutional issues are currently in litigation and have yet to be determined, there has not been additional consideration of the possible impact of silencing voices of communities of color in ways reminiscent of the voiceless role of slaves. The Thirteenth Amendment prohibition of” Badges of Slavery” suggests an analytical perspective that has heretofore not been discussed. This brief commentary explores both the history and possible current application of the Badges of Slavery doctrine as a counter to current state legislative efforts at silencing. Because the author is currently involved in litigation challenging these attacks on First and Fourteenth Amendment grounds, discussion of those issues are not addressed here. Instead, this commentary focuses exclusively on an argument not made – the Thirteenth Amendment ban on badges of slavery. enter Abstract Body

Available at SSRN: https://ssrn.com/abstract=4633259

Migration, equality & racism

Edited by Ilke Adam Tundé Adefioye Serena D'Agostino Nick Schuermans Florian Trauner

"Migration, Equality and Racism trigger ever more salient societal debates. More than 80 VUB academics and co-authors joined forces for this book. Philosophers, lawyers, psychologists, health scientists, sociologists, geographers, criminologists, communication and political scientists … look at migration, equality and racism from different disciplinary angles. Together they aim to contribute to an exercise of humanism as a praxis of criticism or a ‘technique of trouble-making’, in the words of Edward Said. Through 44 thought-provoking and informed opinion pieces, they question widespread beliefs on migration, equality and racism and propose solutions that might disturb. Let this book be a source of inspiration for those who want to spark an informed debate on the ever more salient issues of migration, equality and racism, for those who want to learn more on how and why humanism has often remained an empty box for migrants and racialized groups. Or for those who are in search of inspiration for a just future for all. Migration, Equality and Racism is the work of Vrije Universiteit Brussel (VUB) think tank POINcaré and was created under the direction of Ilke Adam, Tundé Adefioye, Serena D’Agostino, Nick Schuermans and Florian Trauner."

Brussels: ASP editions - Academic and Scientific Publishers, 2021. 260p.

Caging Borders and Carceral States: Incarcerations, Immigration Detentions, and Resistance

Edited by Robert T. Chase

This volume considers the interconnection of racial oppression in the U.S. South and West, presenting thirteen case studies that explore the ways in which citizens and migrants alike have been caged, detained, deported, and incarcerated, and what these practices tell us about state building, converging and coercive legal powers, and national sovereignty. As these studies depict the institutional development and state scaffolding of overlapping carceral regimes, they also consider how prisoners and immigrants resisted such oppression and violence by drawing on the transnational politics of human rights and liberation, transcending the isolation of incarceration, detention, deportation and the boundaries of domestic law.

Durham, NC: University of North Carolina Press, 2019. 440p.

Deaths of Racialised People in Prison 2015 – 2022: Challenging racism and discrimination

By Jessica Pandian

Despite decades of activism from bereaved people and their supporters, too often the deaths of racialised people in prison have been dismissed, and the role of racism has been overlooked and ignored.

INQUEST’s new report, Deaths of racialised people in prison 2015 – 2022: Challenging racism and discrimination, makes a powerful intervention as it uncovers new data and tells the stories of 22 racialised people and how they died preventable and premature deaths in prison.

The report specifically looks at the deaths of Black and mixed-race people; Asian and mixed-race people; Middle Eastern and mixed-race people; people of Eastern European nationality; White Irish people and White Gypsy or Irish Traveller people.

Through a literature review, an analysis of never before published data on ethnicity and deaths in prison, and an examination of the relevant inquests and investigations, the report evidences the role of  institutional racism in the prison estate.

Key issues include the inappropriate use of segregation, racial stereotyping, the hostile environment, the neglect of physical and mental health, the failure to respond to warning signs, and the bullying and victimisation of racialised people.

London: INQUEST, 2022. 80p.