The Legacy of Racism for Children

The Legacy of Racism for Children: Psychology, Law, and Public Policy is the first volume to review the intersecting implications of psychology, public policy, and law with the goal of understanding and ending the challenges facing racial minority youth in America today. Proceeding roughly from causes to consequences—from early life experiences to adolescent and teen experiences—each chapter focuses on a different domain, explains the laws and policies that create or exacerbate racial disparity in that domain, reviews relevant psychological research and its implications for those laws or policies, and calls for next steps. Chapter authors examine how race and ethnicity intersect with child maltreatment (including child sex trafficking, corporal punishment, and memory for and disclosures of abuse), child dependency court decisions, custody and adoption, familial incarceration, the school-to-prison pipeline, police–youth interactions, jurors’ perceptions of child and adolescent victims and defendants, and U.S. immigration law and policy. The book is meant to be accessible to all who want to end law- and policy-related racial disparities for children—researchers, students, teachers, social workers and social service administrators, police, attorneys, judges, and the general public. Much of the value of this book lies in its potential to influence law and policy, and to help those working on the front lines understand what they can do to end the legacy of racism for children.

Author(s):  
Margaret C. Stevenson ◽  
Bette L. Bottoms ◽  
Kelly C. Burke

Psychological research and theory are needed to understand how laws and public policies contribute to racial disparities affecting children involved in the legal system. This chapter profiles an actual case to illustrate the complex interplay of myriad problems faced by children of color, such as early poverty, child abuse, failures in public education, and racism institutionalized in the policies and laws meant to protect children. The chapter also previews the issues presented in this book, which address the intersection of race and ethnicity involved in child victimization (sex trafficking, corporal punishment, disclosure of abuse); dependency court decisions and adoptions; juvenile and criminal justice systems (parental incarceration, the school-to-prison pipeline, police–youth interactions, perceptions of victims and offenders); and immigration law and policy. Understanding the intersecting implications of psychology, public policy, and law is necessary to end the challenges facing racial minority youth in America today, ensuring equitable treatment for children of color.


2017 ◽  
Vol 18 (1) ◽  
Author(s):  
Robert Hockett

AbstractIt is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectivelyTo attend systematically to this form of inter-translatability, with a view in particular to that which maximization formulations latently prescribe that we distribute and equalize, might be called “putting distribution first.” It is explicitly to recognize the fact that all law and policy are implicitly as equalizing and citizen-defining as they are aggregative and maximizing, and to trace the many salient consequences that stem from this fact. It is likewise to recognize that all law and policy treat us as equals in some respects and as non-equals in other respects. Putting distribution first by attending explicitly to these “respects” yields greater transparency about how well or poorly our laws and policies manage to identify, count, and treat us as equals in theThis Article works to lay out with care how to put distribution first in normative legal and policy analysis. The payoffs include both a workable method by which to test proposed maximization norms systematically for their normative propriety, and an attractive distributive ethic that can serve as a workable normative touchstone for legal and policy analysis. Indeed, the Article concludes, much — though not yet quite all — of our law can illuminatingly be interpreted as giving inchoate expression to just such an ethic.


2020 ◽  
pp. 140-160
Author(s):  
Caty Borum Chattoo

Opening with The Invisible War, a majordocumentary that engaged the public and policymakers in the United States, this chapter argues that contemporary documentaries play a unique role in public policy due to their narrative approaches—human-centered narratives that expand beyond facts and statistics and ideological sides—and the collaborative, cultural nature of the policymaking process. Documentary films can also expose social problems relegated to obscurity, or new on the cultural horizon—documentary’s monitorial function. This chapter delves into the complexities of documentary films that successfully shaped US laws through filmmakers working with legislators, policy experts, and issue advocates, forming “policy subnetworks.” The film case studies here include Sin by Silence, which changed California state law focused on incarcerated survivors of domestic violence; Semper Fi, the environmental justice story that sparked a new federal law; and Playground, an investigation of child sex trafficking in the United States that helped to shape federal and state-based laws.


2017 ◽  
Author(s):  
Robert C. Hockett

It is common for normative legal theorists, economists and other policy analysts to conduct and communicate their work mainly in maximizing terms. They take the maximization of welfare, for example, or of wealth or utility, to be primary objectives of legislation and public policy. Few if any of these theorists seem to notice, however, that any time we speak explicitly of maximizing one thing, we speak implicitly of distributing other things and of equalizing yet other things. Fewer still seem to recognize that we effectively define ourselves by reference to that which we distribute and equalize. For it is in virtue of that which we distribute and equalize that our policy formulations treat us as politically “counting” or “mattering” for purposes of social aggregation and maximization.To attend systematically to this form of inter-translatability, with a view in particular to that which maximization formulations latently prescribe that we distribute and equalize, might be called “putting distribution first.” It is explicitly to recognize the fact that all law and policy are implicitly as equalizing and citizen-defining as they are aggregative and maximizing, and to trace the many salient consequences that stem from this fact. It is likewise to recognize that all law and policy treat us as equals in some respects and as non-equals in other respects. Putting distribution first by attending explicitly to these “respects” yields greater transparency about how well or poorly our laws and policies manage to identify, count, and treat us as equals in the right respects.This Article works to lay out with care how to put distribution first in normative legal and policy analysis. The payoffs include both a workable method by which to test proposed maximization norms systematically for their normative propriety, and an attractive distributive ethic that can serve as a workable normative touchstone for legal and policy analysis. Indeed, the Article concludes, much — though not yet quite all — of our law can illuminatingly be interpreted as giving inchoate expression to just such an ethic.


2018 ◽  
Author(s):  
V. Jordan Greenbaum ◽  
Michelle S. Livings ◽  
Betty S. Lai ◽  
Laurel Edinburgh ◽  
Peggy Baikie ◽  
...  

2004 ◽  
Vol 32 (3) ◽  
pp. 337-355 ◽  
Author(s):  
Leslie Zines

This article originally was published as a Law and Policy Paper. The Law and Policy Papers series was established in 1994 by the Centre for International and Public Law in the Faculty of Law, the Australian National University. The series publishes papers contributing to understanding and discussion on matters relating to law and public policy, especially those that are the subject of contemporary debate. In 1999 the papers were published jointly by the Centre for International and Public Law and The Federation Press. This article is reproduced in the Federal Law Review with the permission of the original publishers.


2017 ◽  
Vol 16 (3) ◽  
pp. 469-481 ◽  
Author(s):  
Beverley Clough

This article engages with emerging debates in law and feminist philosophy around the concept of vulnerability. Central to this is the call to re-imagine and re-frame vulnerability as universal – as something which is experienced by all individuals, by virtue of their humanity and context as social beings. The implications of this for laws and policies predicated on groups or categories as ‘being vulnerable’ will be explored in this article, using the concept of mental capacity as an example of how the boundary between capacity and incapacity can be contested through this lens. The article will critically consider the Mental Capacity Act 2005 and associated literature, such as Court of Protection cases, the House of Lords Select Committee's post-legislative scrutiny and Serious Case Reviews, which demonstrate the growing concern about the inadequacy of the binary between capacity and incapacity. This in turn provokes a challenge to accepted wisdom in the context of disability more broadly, inviting us to think in particular about the responses to perceived vulnerability that are currently deemed appropriate. Insights from the legal literature invite further exchanges with social policy theorists as to the concept of vulnerability and its challenges and implications for law and policy.


Author(s):  
David Ackah ◽  
Suparji Suparji ◽  
Arief Budiono

EDITORIAL We all know that AloHA International Journal of Mulitidisciplinary Advancement (AIJMU) is an international journal that publishes various articles from various disciplines. At the start of this second year of publication, articles on law and policy were published. We on behalf of the editorial board hope that in the next issues articles on law and policy will continue to color this journal. For this reason, we invite researchers who are engaged in the field of law and policy to publish their best research results and thoughts in this journal.


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