The Geography of Law: Understanding the Origin of State and Federal Redistricting Cases

2021 ◽  
pp. 106591292110297
Author(s):  
James G. Gimpel ◽  
Tristan M. Hightower ◽  
Patrick C. Wohlfarth
Keyword(s):  
Minority Groups ◽  
Population Change ◽  
Spatial Dynamics ◽  
The United States ◽  
Political Conflict ◽  
Federal Courts ◽  
Original Dataset ◽  
Geographic Origins ◽  
Political Environments ◽  
Partisan Competition

Knowing where legal complaints arise can tell us something about them and reveal clues about their conditions of origin. In this paper, we examine the geographic origins of litigation challenging the boundaries of electoral districts—an increasingly salient and prominent source of political conflict. We construct an original dataset of all redistricting cases in state and federal courts nationwide, from 1960 to 2019. We show that redistricting litigation surfaces not just in states where there are regions undergoing rapid population change or that have a greater proportion of aggrieved racial minority groups but also in areas where there is close partisan competition. The filing of redistricting litigation is highly responsive to hypercompetitive political environments, suggesting that parties pursue judicial intervention vigorously when political power hangs in the balance and not simply due to demographic changes associated with decennial population measurement. These findings have important implications for understanding the temporal and spatial dynamics of redistricting politics and the consequences of intense partisan electoral competition in the United States.

scholarly journals 2. Estimating Net Interracial Mobility in the United States: A Residual Methods Approach

2009 ◽  
Vol 39 (1) ◽  
pp. 31-71 ◽  
Author(s):  
Anthony Daniel Perez ◽  
Charles Hirschman
Keyword(s):  
United States ◽  
International Migration ◽  
Minority Groups ◽  
Population Change ◽  
The United States ◽  
Natural Increase ◽  
Reduced Form ◽  
Quarter Century ◽  
Table Data ◽  
The Impact

This paper presents a residual methods approach to identifying social mobility across race/ethnic categories. In traditional demographic accounting models, population growth is limited to changes in natural increase and migration. Other sources of population change are absorbed by the model residual and can be estimated only indirectly. While these residual estimates have been used to illuminate a number of elusive demographic processes, there has been little effort to incorporate shifts in racial identification into formal accounts of population change. In light of growing evidence that a number of Americans view race/ethnic identities as a personal choice, not as a fixed characteristic, mobility across racial categories may play important roles in the growth of race/ethnic subpopulations and changes to the composition of the United States. To examine this potential, we derive a reduced-form population balancing equation that treats fertility and international migration as given and estimates survival from period life table data. After subtracting out national increase and net international migration and adjusting for changes in racial measurement and census coverage, we argue that the remaining error of closure provides a reasonable estimate of net interracial mobility among the native born. Using recent U.S. Census and ACS microdata, we illustrate the impact that identity shifts may have had on the growth of race/ethnic subpopulations in the past quarter century. Findings suggest a small drift from the non-Hispanic white population into race/ethnic minority groups, though the pattern varies by age and between time periods.

Appeals by the Prosecution

2018 ◽  
Author(s):  
Nancy J. King ◽  
Michael Heise
Keyword(s):  
Empirical Work ◽  
The United States ◽  
National Sample ◽  
Federal Courts ◽  
Court Of Appeals ◽  
High Courts ◽  
Extensive Information ◽  
State High Courts ◽  
State Prosecutors ◽  
Rate Of Success

Scholarly and public debates about criminal appeals have largely taken place in an empirical vacuum. This study builds on our prior empirical work exploring defense-initiated criminal appeals and focuses on criminal appeals by state and federal prosecutors. Exploiting data drawn from a recently released national sample of appeals by state prosecutors decided in 2010, as well as data from all appeals by federal prosecutors to the United States Court of Appeals terminated in the years 2011 through 2016, we provide a detailed snapshot of non-capital, direct appeals by prosecutors, including extensive information on crime type, claims raised, type of defense representation, oral argument and opinion type, as well judicial selection, merits review, and relief. Findings include a rate of success for state prosecutor appeals about four times greater than that for defense appeals (roughly 40% of appeals filed compared to 10%). The likelihood of success for state prosecutor-appellants appeared unrelated to the type of crime, claim, or defense counsel, whether review was mandatory or discretionary, or whether the appellate bench was selected by election rather than appointment. State high courts, unlike intermediate courts, did not decide these appeals under conditions of drastic asymmetry. Of discretionary criminal appeals reviewed on the merits by state high courts, 41% were prosecutor appeals. In federal courts, prosecutors voluntarily dismissed more than half the appeals they filed, but were significantly less likely to withdraw appeals from judgments of acquittal and new trial orders after the verdict than to withdraw appeals challenging other orders. Among appeals decided on the merits, federal prosecutors were significantly more likely to lose when facing a federal defender as an adversary compared to a CJA panel attorney.

Doing Justice, Preventing Crime

2020 ◽  
Author(s):  
Michael Tonry
Keyword(s):  
Structural Changes ◽  
Minority Groups ◽  
Political Influence ◽  
Mass Incarceration ◽  
The United States ◽  
State Agencies ◽  
Case Processing ◽  
Three Strikes ◽  
Moral Cost ◽  
Main Ideas

In the 2020s, no informed person disagrees that punishment policies and practices in the United States are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices; mass incarceration; the world’s highest imprisonment rate; extreme disparities, especially affecting members of racial and ethnic minority groups; high rates of wrongful conviction; assembly-line case processing; and a general absence of respectful consideration of offenders’ interests, circumstances, and needs. The main ideas in this book about doing justice and preventing crime are simple: Treat people charged with and convicted of crimes justly, fairly, and even-handedly, as anyone would want done for themselves or their children. Take sympathetic account of the circumstances of peoples’ lives. Punish no one more severely than he or she deserves. Those propositions are implicit in the rule of law and its requirement that the human dignity of every person be respected. Three major structural changes are needed. First, selection of judges and prosecutors, and their day-to-day work, must be insulated from political influence. Second, mandatory minimum sentence, three-strikes, life without parole, truth in sentencing, and similar laws must be repealed. Third, correctional and prosecution systems must be centralized in unified state agencies.

The Empire of Disgust

2018 ◽  
Keyword(s):  
United States ◽  
Drinking Water ◽  
Sexual Orientation ◽  
Change Point ◽  
Minority Groups ◽  
The United States ◽  
Political Life ◽  
Swimming Pools ◽  
Economic Class ◽  
Group Resistance

All known societies exclude and stigmatize one or more minority groups. Frequently these exclusions are underwritten with a rhetoric of disgust: people of a certain group, it is alleged, are filthy, hyper-animal, or not fit to share such facilities as drinking water, food, and public swimming pools with the ‘clean’ and ‘fully human’ majority. But exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In this volume, interdisciplinary scholars from the United States and India present a detailed comparative study of the varieties of prejudice and stigma that pervade contemporary social and political life: prejudice along the axes of caste, race, gender, age, sexual orientation, transgender, disability, religion, and economic class. In examining these forms of stigma and their intersections, the authors present theoretically pluralistic and empirically sensitive accounts that both explain group-based stigma and suggest ways forward. These forward-looking remedies, including group resistance to subordination as well as institutional and legal change, point the way towards a public culture that is informed by our diverse histories of discrimination and therefore equipped to eliminate stigma in all of its multifaceted forms.

Racialized Political Consumerism in the United States

2018 ◽  
pp. 680-698
Author(s):  
Bo Yun Park
Keyword(s):  
United States ◽  
American History ◽  
Minority Groups ◽  
The United States ◽  
Political Consumerism ◽  
White Supremacist ◽  
Political Tradition ◽  
Democratic Societies

In the United States, political consumerism has evolved alongside the country’s racial struggles. Throughout American history, ethnoracial minority groups have used different forms of racialized political consumerism in order to advance their rights. White supremacist groups have also taken part in boycotts to promote their cause. Addressing the need to assess the meaning and significance of a tactic that is considered to be a longstanding political tradition, this chapter provides an analytical guide for the study of racialized political consumerism in democratic societies. It does so by (1) illustrating the historical and contemporary uses of political consumerism in racial struggles in the United States, (2) examining the different forms of political consumerism used by ethnoracial minorities, and (3) discussing the theoretical value of the concept of racialized political consumerism.

scholarly journals Understanding and Promoting Racial Diversity in Healthcare Settings to Address Disparities in Pandemic Crisis Management

2021 ◽  
Vol 12 ◽  
pp. 215013272110183
Author(s):  
Azza Sarfraz ◽  
Zouina Sarfraz ◽  
Alanna Barrios ◽  
Kuchalambal Agadi ◽  
Sindhu Thevuthasan ◽  
...  
Keyword(s):  
United States ◽  
Health Disparities ◽  
Racial Discrimination ◽  
Clinical Training ◽  
Minority Groups ◽  
Mental Health Problems ◽  
Minority Group ◽  
Healthcare Delivery ◽  
The United States ◽  
Majority Group

Background: Health disparities have become apparent since the beginning of the COVID-19 pandemic. When observing racial discrimination in healthcare, self-reported incidences, and perceptions among minority groups in the United States suggest that, the most socioeconomically underrepresented groups will suffer disproportionately in COVID-19 due to synergistic mechanisms. This study reports racially-stratified data regarding the experiences and impacts of different groups availing the healthcare system to identify disparities in outcomes of minority and majority groups in the United States. Methods: Studies were identified utilizing PubMed, Embase, CINAHL Plus, and PsycINFO search engines without date and language restrictions. The following keywords were used: Healthcare, raci*, ethnic*, discriminant, hosti*, harass*, insur*, education, income, psychiat*, COVID-19, incidence, mortality, mechanical ventilation. Statistical analysis was conducted in Review Manager (RevMan V.5.4). Unadjusted Odds Ratios, P-values, and 95% confidence intervals were presented. Results: Discrimination in the United States is evident among racial groups regarding medical care portraying mental risk behaviors as having serious outcomes in the health of minority groups. The perceived health inequity had a low association to the majority group as compared to the minority group (OR = 0.41; 95% CI = 0.22 to 0.78; P = .007), and the association of mental health problems to the Caucasian-American majority group was low (OR = 0.51; 95% CI = 0.45 to 0.58; P < .001). Conclusion: As the pandemic continues into its next stage, efforts should be taken to address the gaps in clinical training and education, and medical practice to avoid the recurring patterns of racial health disparities that become especially prominent in community health emergencies. A standardized tool to assess racial discrimination and inequity will potentially improve pandemic healthcare delivery.

scholarly journals A Geography of Risk: Structural Racism and COVID-19 Mortality in the United States

2021 ◽  
Author(s):  
Lauren C Zalla ◽  
Chantel L Martin ◽  
Jessie K Edwards ◽  
Danielle R Gartner ◽  
Grace A Noppert
Keyword(s):  
Minority Groups ◽  
Ethnic Disparities ◽  
The United States ◽  
Structural Racism ◽  
Public Health Response ◽  
Health Response ◽  
The Us ◽  
Racialized Minority ◽  
Racial And Ethnic Minority ◽  
Disproportionate Burden

Abstract Coronavirus disease 2019 (COVID-19) is disproportionately burdening racial and ethnic minority groups in the US. Higher risks of infection and mortality among racialized minorities are a consequence of structural racism, reflected in specific policies that date back centuries and persist today. Yet, our surveillance activities do not reflect what we know about how racism structures risk. When measuring racial and ethnic disparities in deaths due to COVID-19, the CDC statistically accounts for the geographic distribution of deaths throughout the US to reflect the fact that deaths are concentrated in areas with different racial and ethnic distributions than that of the larger US. In this commentary, we argue that such an approach misses an important driver of disparities in COVID-19 mortality, namely the historical forces that determine where individuals live, work, and play, and consequently determine their risk of dying from COVID-19. We explain why controlling for geography downplays the disproportionate burden of COVID-19 on racialized minority groups in the US. Finally, we offer recommendations for the analysis of surveillance data to estimate racial disparities, including shifting from distribution-based to risk-based measures, to help inform a more effective and equitable public health response to the pandemic.

Overeducation and the Earnings of Black, Hispanic, and White Male Workers

1988 ◽  
Vol 31 (2) ◽  
pp. 190-212 ◽  
Author(s):  
Richard R. Verdugo ◽  
Naomi Turner Verdugo
Keyword(s):  
United States ◽  
Mexican Americans ◽  
Minority Groups ◽  
Puerto Ricans ◽  
White Male ◽  
The United States ◽  
Using Data ◽  
The Impact ◽  
Male Workers ◽  
White Minority

This study addresses two issues: (1) the impact of overeducation on the earnings of male workers in the United States, and (2) white-minority earnings differences among males. Given that educational attainment levels are increasing among workers, there is some suspicion that earnings returns to education are not as great as might be expected. This topic is examined by including an overeducation variable in an earnings function. Regarding the second issue addressed in this article, little is actually known about white-minority differences because the bulk of such research compares whites and blacks. By including selected Hispanic groups in this analysis (Mexican Americans, Puerto Ricans, Cubans, and Other Hispanics) we are able to assess white-minority earnings differences to a greater degree. Using data from a 5% sample of the 1980 census to estimate an earnings function, we find that overeducated workers earn less than either undereducated or adequately educated workers. Second, we find that there are substantial earnings differences between whites and minorities, and, also, between the five minority groups examined.

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