The Science and Law of School Segregation and Diversity

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Legal System ◽  
Ethnic Disparities ◽  
School Segregation ◽  
Negative Effects ◽  
The Past ◽  
Legal Foundation ◽  
The Law ◽  
The One

The law does not square with people’s experiences of segregation and diversity. An empirical look at the legal system’s effectiveness in addressing school segregation reveals, from a practical perspective, that segregation persists and even surpasses levels before the civil rights movement. Yet, the legal system continues as though segregation is a thing of the past. Even more bizarre, the negative effects of racial and ethnic disparities in schooling are well documented, and the legal system compels itself to ignore much of them. To exacerbate matters, legal analysts increasingly interpret the law as a system that operates in a different world than the one documented by researchers who describe disparities and what could be done about them. For their part, researchers pervasively continue to document experiences without considering the legal system’s basic concerns. This book details the source of these gaps, evaluates their empirical and legal foundation, explains why they persist, and reveals what can be done about them.

Introduction to The Indonesian Legal System: Major Developments in the Past Decade

2006 ◽  
Vol 13 (1) ◽  
pp. 57-72
Author(s):  
Hesti Setyowati ◽  
M. Harris S. Toengkagie
Keyword(s):  
National Identity ◽  
Ethnic Groups ◽  
Legal System ◽  
Colonial Era ◽  
The Past ◽  
Legal Foundation ◽  
National Ideology ◽  
Customary Laws ◽  
The Law ◽  
Law And Justice

Abstract Indonesia is an archipelagic country that has endured 350 years of western colonization. Its people comprise diverse ethnic, cultural and religious backgrounds, all living in more than 17.000 islands spread throughout the archipelago. The development of the Indonesian legal system are considered as unique since it comprises the legacy of colonization, combined with the customary laws of various tribes. It is heavily infl uenced by Islam-the religion of the majority of its citizens, and the people’s own perception of law and justice following the colonial era. The undisputable fact on the variety of ethnic groups, cultures and religions formulate the desire for national ideology which promotes a unity of such diversity. As the result, each of the laws is formulated with reference to the principle of unity and democracy carried out in accordance with the national ideology. 60 years after its independence, the Law in Indonesia has shown great strides in its development. All of the developments are claimed to fulfi ll its goal of achieving a modern nation with solid legal foundation, without sacrifi cing its national identity.

Lessons from the Law and Empirical Research Addressing School Segregation and Diversity

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Racial Disparities ◽  
Empirical Research ◽  
Legal System ◽  
Ethnic Disparities ◽  
Lessons Learned ◽  
School Segregation ◽  
Racial And Ethnic Disparities ◽  
Legal Responses ◽  
The Law ◽  
Color Blind

This chapter presents the overall conclusion that emerges from the book, which is that empirical findings may play a role in shaping legal responses to segregation and diversity in schools, but the bulk of current research increasingly becomes irrelevant. The legal system and researchers appear to be moving in opposite directions in what they identify as problematic and what to do about it. This chapter sorts through the lessons learned about the legal system’s evaluation of empirical research. It highlights the problematic nature of legal approaches, which now focus on remaining neutral/color-blind with regard to racial disparities. It then details how the legal system can better benefit from research that addresses racial and ethnic disparities.

Consensual Elements in German Criminal Procedural Law

2014 ◽  
Vol 15 (1) ◽  
pp. 15-42
Author(s):  
Folker Bittmann
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
The Other ◽  
The Past ◽  
Procedural Law ◽  
Other Hand ◽  
The Law ◽  
The One

The aim of German criminal procedural law is not to convict the accused at any cost. Even a guilty party can only be convicted if the criminal procedure is held in accordance with the law. If this is not possible, the German legal system accepts the risk of possibly acquitting a guilty party; it finds this more tolerable than the irregular conviction of the culprit. A criminal procedure seeks the truth. Only on the basis of a judicial conviction of the crime and its culprit may a sentence be imposed. This, though, can only be based on the so-calledprocedural truth.On the one hand, the past can never be reconstructed precisely; on the other hand, clarification can only be found through legal means and by following designated paths allowed by procedural law. Therefore, further investigation must cease if it is only possible to proceed by violating procedural law.

scholarly journals What Is the Next Step for Companion Pets in the Legal System?

2013 ◽  
Vol 1 (1) ◽  
pp. 253-285
Author(s):  
Schyler P. Simmons
Keyword(s):  
Civil War ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Legal System ◽  
Social Changes ◽  
Human Beings ◽  
The Social ◽  
The Law ◽  
Age Of Majority ◽  
The Relationship

The relationship between human beings and companion pets is changing. For purposes of this Comment, companion pets are the dogs and cats that people share their homes with. Today, more households have a dog or cat than children. Despite the social changes, companion pets are still classified as property. At some point in history, minors, women, and slaves were also classified as property. Through social revolutions, such as the Civil War, the Civil Rights Movement, and the Women’s Rights Movement, property classification for humans was dismantled. This Comment discusses the progression of minors’ rights and protections and how companion pets have gained similar rights and protections in various areas of the law. However, despite the increase in rights, companion pets still lack the ability to have status or standing in the legal system for the protection or promotion of their interests. Minors also do not have the ability to sue or be sued. Nevertheless, a guardianship system has developed in order to protect minors’ interest until the minors reach the age of majority. Guardians have certain duties and responsibility to minors. Owners of companion pets are not considered guardians, and courts do not appoint guardians; thus, those duties and responsibilities that protect minors do not apply to companion pets. In conclusion, this Comment argues that the next logical step for increasing the rights of companion pets is to establish a guardianship system similar to the system for minors.

The Techniques of Disavowal

2021 ◽  
pp. 159-191
Author(s):  
Erin R. Pineda
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Public Memory ◽  
James Baldwin ◽  
Moral Standing ◽  
World's Fair ◽  
The South ◽  
Black Activism ◽  
The Public ◽  
The One

This chapter considers the limitations of civil rights disobedience in transforming white citizens. Building on the work of James Baldwin, Charles Mills, and Elizabeth Spelman and chronicling a “failed” protest at the 1964 World’s Fair, this chapter attends to the discursive techniques of disavowal that white citizens and state officials used to dismiss black activism as inappropriate, irresponsible, gratuitous, and violent—thereby avoiding the claims such protest made upon them, while preserving their own innocence and moral standing. In stepping outside the South and the familiar set of events that make up the public memory of the “short” civil rights movement, this chapter also suggests that some aspects of campaigns like the one in Birmingham were enabled—and publicly legitimated—by the very techniques of disavowal that limited the movement’s radical potentialities.

The use of the Legal System as a Mental Health Service for Children

1979 ◽  
Vol 7 (1) ◽  
pp. 7-48 ◽  
Author(s):  
Lee H. Haller ◽  
Lawrence A. Dubin ◽  
Martin Buxton
Keyword(s):  
Mental Health ◽  
Mental Health Service ◽  
Health Service ◽  
Legal System ◽  
Emotionally Disturbed ◽  
Court Decisions ◽  
The Past ◽  
The Law ◽  
Emotionally Disturbed Children

The interface of mental health and the law has been rapidly expanding over the past several years, as more and more cases of various sorts are being heard by the courts and new laws are passed. Although court decisions and laws may be viewed as an intrusion by the psychiatrists who work with emotionally disturbed children, the authors suggest that the effect is to present the professional with new alternatives for helping the patient. A number of these situations where the legal system can be utilized are presented.

BIALL @ 50 Years: 2010 to date

2019 ◽  
Vol 19 (02) ◽  
pp. 107-108 ◽  
Author(s):  
Narinder Toor
Keyword(s):  
Support Staff ◽  
Law Firm ◽  
The Past ◽  
Key Points ◽  
Information Professional ◽  
Information Professionals ◽  
The Law ◽  
The One

Back in December 2009, I joined Arnold & Porter as an information professional. Working at a law firm that values and celebrates the contributions made by their support staff, has meant that this role has transformed into a very rewarding career. Reflecting on the last 10 years, the one word I would use to sum up law librarianship is expertise. As information professionals, we research and review areas and concepts that are unfamiliar but we are adept at not only pinpointing the key points and issues but conveying them with clarity, certainty and confidence. As well as providing this invaluable support, we guide, inform and advise. Over the past decade, BIALL has remained central to the law librarian community, helping us to navigate the ever changing landscape of the legal sector.

Foundational Invocations

2017 ◽  
Author(s):  
Angélica Maria Bernal
Keyword(s):  
Social Movements ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Radical Change ◽  
Tea Party ◽  
Founding Fathers ◽  
Normative Authority ◽  
The Past ◽  
The Us ◽  
Constitutional Thought

This chapter examines appeals to the authority of original founding events, founding ideals, and Founding Fathers in contemporary constitutional democracies. It argues that these “foundational invocations” reveal a window into the unique, albeit underexamined function that foundings play: as a vehicle of persuasion and legitimation. It organizes this examination around two of the most influential visions of founding in the US tradition: the originalist, situated in the discourses of conservative social movements such as the Tea Party and in conservative constitutional thought; and the promissory, situated in the discourses of social movements such as the civil rights movement. Though they might appear radically dissimilar, this chapter illustrates how these two influential conceptualizations of founding together reveal a shared political foundationalism that conflates the normative authority of a regime for its de facto one, thus circumscribing radical change by obscuring the past and placing founding invocations and their actors beyond question.

Which Bad News to Choose? The Influence of Race and Social Identity on Story Selections Within Negative News Contexts

2019 ◽  
Vol 97 (3) ◽  
pp. 644-662
Author(s):  
Lanier Frush Holt ◽  
Dustin Carnahan
Keyword(s):  
Social Identity ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Racial Group ◽  
Bad News ◽  
Media Environment ◽  
The Past ◽  
Negative News ◽  
Group Members ◽  
Media Choices

This study provides a clearer understanding of how audience members’ race influences their media choices. It finds that in today’s overwhelmingly negative media environment, people prefer reading negative stories about persons in their own racial group over stories about racial out-group members. This suggests social movements seeking to change the attitudes of people of different races using media (e.g., Black Lives Matter) might not be as successful as those in the past (e.g., Civil Rights Movement). Today, people tend to ignore such news when there is other bad news that affects people in their own racial group.

scholarly journals The Meanings of Black Power: A Comparison of White and Black Interpretations of a Political Slogan

1970 ◽  
Vol 64 (2) ◽  
pp. 367-388 ◽  
Author(s):  
Joel D. Aberbach ◽  
Jack L. Walker
Keyword(s):  
Civil Rights ◽  
Racial Discrimination ◽  
Civil Rights Movement ◽  
Black Power ◽  
Public Life ◽  
Civil Rights Organizations ◽  
The Past ◽  
Black Protest ◽  
True Meaning ◽  
American Cities

Angry protests against racial discrimination were a prominent part of American public life during the 1960's. The decade opened with the sit-ins and freedom rides, continued through Birmingham, Selma, and the March on Washington, and closed with protests in hundreds of American cities, often punctuated by rioting and violence. During this troubled decade the rhetoric of protest became increasingly demanding, blanket charges of pervasive white racism and hostility were more common, and some blacks began to actively discourage whites from participating either in protest demonstrations or civil rights organizations. Nothing better symbolized the changing mood and style of black protest in America than recent changes in the movement's dominant symbols. Demonstrators who once shouted “freedom” as their rallying cry now were shouting “black power”—a much more provocative, challenging slogan.The larger and more diverse a political movement's constituency, the more vague and imprecise its unifying symbols and rallying cries are likely to be. A slogan like black power has no sharply defined meaning; it may excite many different emotions and may motivate individuals to express their loyalty or take action for almost contradictory reasons. As soon as Adam Clayton Powell and Stokely Carmichael began to use the phrase in 1966 it set off an acrimonious debate among black leaders over its true meaning. Initially it was a blunt and threatening battle cry meant to symbolize a break with the past tactics of the civil rights movement.

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