Race & Law – Page 13 – Marquette University Law School Faculty Blog

Confronting Racism

Post author:John Rome
Post published:November 16, 2015
Post category:Civil Rights Political Processes & Rhetoric Public Race & Law

In Plessy v. Ferguson, Justice John Marshall Harlan wrote “[o]ur constitution is color-blind, and neither knows nor tolerates classes among citizens.” [1] Today, most people might say they too are color-blind. However, race relations have been prevalent in the news as of late because the state of racism in America has mutated. Racism is rarely as bold as the cross burnings of yore, but no less insidious. [2]

Because racism is different, our understanding of our inherent biases must also become different. I believe the modern definition of racism has shifted. I define racism as taking a negative action towards someone, whether explicitly or implicitly, on account of their race. This means that people can take racist actions without being aware that they are doing so.[3] We can no longer oversimplify racism, and instead need to confront it within ourselves and as a community.

As a country, we need to do a better job confronting racism. A plethora of high profile incidents, involving police brutality and campus outrage, have given us another opportunity to confront our inherent biases. Unfortunately, too many “color-blind” people have not heeded the second part of Justice Harlan’s dissent and have instead tolerated or even justified the systemic mistreatment of classes of citizens. [4]

Bucks President Offers Big Visions of Success On and Off the Court

Post author:Alan J. Borsuk
Post published:November 4, 2015
Post category:Milwaukee Race & Law Speakers at Marquette Sports & Law

With new design plans for the Milwaukee Bucks arena to be unveiled in the next several days, Peter Feigin, president of the professional basketball franchise, exuded nothing but enthusiasm during an “On the Issues with Mike Gousha” program Wednesday about the future of the team and what its impact will be not only in Milwaukee and statewide but across the globe.

“Awesome,” he said. “This is going to be miraculous.” But that will come to pass only with hard work, not only on the basketball court but throughout every aspect of what the does, Feigin told a large audience in the Appellate Courtroom of Eckstein Hall.

Milwaukee? Feigin said the team wants to do all it can to connect with the city, including connecting its players with the youth of the city and increasing its philanthropic work focused on youth, wellness, and education. And the new arena and the team’s operations as a whole will mean several thousand full-time jobs in the city.

Wisconsin? The Bucks want to be “Wisconsin’s team” in the way the Green Bay Packers and Milwaukee Brewers have become Wisconsin’s teams in their sports.

Narrative and Social Control

Post author:David R. Papke
Post published:September 6, 2015
Post category:Civil Rights Criminal Law & Process Media & Journalism Political Processes & Rhetoric Public Race & Law

In recent decades, awareness of narrative and of stories in general has increased in many fields and academic disciplines, law included. However, it is nevertheless surprising to see that even law enforcement specialists in the Justice Department have developed an appreciation of the workings and importance of narrative.

This heightened sensitivity surfaced in the recent Justice Department report on police conduct in Ferguson, Missouri following the shooting of Michael Brown. Issued by the Department’s “Community Oriented Policing Services” office, the report outlines no fewer than 113 lessons that police in Missouri and elsewhere might learn from developments during the seventeen days following Brown’s death and funeral.

Much of the report is predictable. It criticizes such police tactics as the use of dogs, tear gas, and so-called “overwatching.” With the latter, police use rifle sights to survey a crowd from positions on top of police vehicles. Overall, the report warns that “militarization” of a volatile situation will probably make things worse.

Toward the end of the report, its authors turn to what they label “lost narrative.” In their opinion, Missouri law enforcement was too slow to provide information about the shooting of Brown and thereby created an opening for alternative representations of the incident. Supporters of Brown and his family seized the opportunity and offered an alternative narrative, one conveyed largely but not completely through the social media and one stressing that “Black Lives Matter.”