Race, Racism and the Law 
Speaking Truth to Power!!
 

the “post-racial” presidency

Has Obama Turned His Back on Black America

Eliminating Racial Health Care Disparities: Public Option - Necessary but not Sufficient!  Nov 12, 5:00pm - 6:30pm (See, Webinars)

 

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  Web Editor:
  Vernellia R. Randall
Professor of Law
The University of Dayton
Web Editor
   
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What's New! - March 2009
Race, Racism and the Law
Vernellia Randall, Editor

http://academic.udayton.edu/race/00miscell/Newsletter/whatsnew.htm

Remembering Ida B. Wells

Ida B. Wells

“Wells was perhaps the first journalist to speak out on the racist and sexist implications of lynching.”

In their landmark 1982 anthology on black feminism, Gloria Hull, Barbara Smith and Patricia Bell Scott proclaimed that “all the women are white, all the blacks are men, but some of us are brave.” Perhaps no pioneering activist more fervently embodied the spirit of this sentiment than Ida B. Wells. A giant of the independent black press and early media literacy educator, Wells’ leadership and uncompromising vision continue to reverberate for black women. As we recognize International Women’s Day and Women’s History Month we can look to her life for lessons and inspiration; not only regarding her activism but on how she negotiated the double burden. In the era before daycare and leave time, Wells, like scores of other black women before her, was a caregiver navigating the divide between her domestic responsibilities and her life’s work as the greatest media watchdog of her time.

Accused of not knowing her place because she challenged the vacuum in male leadership around lynching, Wells struggled for recognition and compensation for her work. The constant juggling of her roles as writer, activist, orator and mother loomed large in both her public and private stance on women’s rights. Wells once boasted that she was perhaps the only nursing mother to travel nationwide to give political addresses. After the birth of her second child she announced that she was retiring from public activism to devote all her energies to motherhood, only to come blazing back onto the national stage three months later to protest the lynching of a black postmaster and his family.

“Wells once boasted that she was perhaps the only nursing mother to travel nationwide to give political addresses.”

In her fearless defense of lynching victims and African Americans’ right to due process, Wells often bucked the backward conventional wisdom of the era. When she began her campaign against lynching in the late 19th century there wasn’t consensus among African Americans that lynching was worthy of a national social justice movement, nor was there agreement about the terroristic sexual politics that motivated white lynch mobs. Wells was perhaps the first journalist to speak out on the racist and sexist implications of lynching. In her editorials she consistently blasted the hypocrisy of white savagery against black men accused of raping white women and exposed the long history of black female sexual exploitation by white men. Catapulted into twenty first century America, Wells might not be surprised at the power that this legacy has had on contemporary media images of black femininity. She might not be surprised that reconciling black liberation struggle with feminism is still dicey. As an outspoken suffragist and defender of the black female image she would have choice words for the young woman who told me recently that it’s ok when she’s addressed as a bitch or a ho because “I know I’m not one.” As a Chicago organizer ever skeptical of black politicians, she might have initially celebrated the election of Barack Obama then used her bully pulpit to separate the rhetoric of post-racial inclusion from the reality of racial apartheid. And as an early critic of western gunboat diplomacy she would have seen a clear connection between the U.S. government’s interventionist policies and its imperial relationship with over-incarcerated black communities.

“Her relative obscurity parallels her conflicts with a black political establishment that deemed her too radical for her gender.”

Despite her challenges to the American criminal justice system, her long record of publication at home and abroad, and her influence on Frederick Douglass and W.E.B. DuBois (both of whom were ambivalent if not threatened by her single-mindedness), Wells’ legacy remains undervalued. Eclipsed by the cult of charismatic masculinity that privileged the contributions of male leaders like Douglas and DuBois, her relative obscurity parallels her conflicts with a black political establishment that deemed her too radical for her gender. Remarking that “the people must know before they can act, and there is no educator to compare with the press,” Wells remains a beacon of justice and a testament to the radical power of black feminist media literacy.

Sikivu Hutchinson is the editor of blackfemlens.org and a commentator for KPFK 90.7 FM.

 

Obama's Failure on International Human Rights and Racism

Vernellia R. Randall

On 21 March 1960 at least 180 black Africans were injured (there are claims of as many as 300) and 69 killed when South African police opened fire on approximately 300 demonstrators, who were protesting against the pass laws, at the township of Sharpeville. The Sharpeville Massacre, as the event has become known, signaled the start of armed resistance in South Africa, and prompted worldwide condemnation of South Africa's Apartheid policies. March 21 marks the International Day for the Elimination of Racial Discrimination. Established by the United Nations in 1966, the day commemorates the anniversary of the Sharpville massacre.

On this day, we must remind ourselves of our obligation to counter and ultimately defeat all vestiges of racism and xenophobia in all of their virulent forms: intentional and negligent.

Modern day racism is not intentional or individual; it is institutionalized system of oppression and exploitation that is reinforced by a complex and pervasive system of beliefs, policies, practices and laws. In the United States, we have eliminated slavery and legal apartheid (Jim Crow) and that is significant progress. But racism like water finds a way.

Because it is hidden from the eyes of the every day person, racism of the 21st century, (institutional, structural and systemic) grows as virulent and as egregious as slavery and legal apartheid.

Few people realize that in every area of life, except civic engagement, Blacks are worst off than whites. . For instance, based on the 2007 Urban League Report (1):

Blacks Whites
  • •Median Income
$30,858 $50,784
  • •Unemployment rate
9% 4%
  • •Mortgage Application Denial
47.9% 24.4%
  • •Homes with Computers
44.6% 66.6%
  • •Life Expectancy at Birth
73.1% 78.3%
  • •High School Graduation
81% 86%
  • •Bachelor Degree
1.9% 3.5%
  • •Law Degree
1.8% 3.0%
  • •High School Drop out
15% 12%
  • •Stopped While Driving
9.14% 8.75%
  • •Average Jail Sentence for Murder - male (months)
240 213

Few people realize that it is not about class or poverty. That is, in also every area of American life where there is a disparity between blacks and whites: poor blacks are worst off than poor whites and middle class black are worst off than middle class whites.

It was my hope that Obama, as the first Black president, would make eliminating these obvious racial disparities an integrated priority of his administration. It was my hope that Obama would take a different approach than his all white predecessors.

Unfortunately, Obama appears to reaffirmed long-standing neglect of efforts to eliminate racism. (continued)

 

Announcements
 

Links

NAACP Legal Defense Fund Files Brief in Supreme Court in Mumia Abu-Jamal Case

(New York, NY)- Today the NAACP Legal Defense and Educational Fund (LDF) filed a friend of the court brief in support of Mumia Abu-Jamal's claim of racial discrimination in the selection of the jury for his 1981 death penalty trial.  LDF's brief supports Mr. Abu-Jamal's request for United States Supreme Court review of his appeal urging enforcement of the laws that require courts to promptly investigate evidence of discrimination against African American prospective jurors.  
 
Specifically, LDF objects to the United States Court of Appeals for the Third Circuit's use of a restrictive interpretation of Batson v. Kentucky, a Supreme Court decision prohibiting prosecutors from excluding prospective jurors on the basis of race, to conclude that Mr. Abu-Jamal failed to present sufficient evidence to support his claim of racial discrimination in jury selection.  LDF's brief explains that the Third Circuit's conclusion that the only way to prove that racial discrimination infected the jury selection process is to document the race of all members from the panel of prospective jurors and the race of all stricken jurors ignores other significant indicators of discrimination in jury selection and contradicts the Supreme Court's command that courts examine a wide array of evidence to properly ferret out discrimination in jury selection.  
 
As applied to Mr. Abu-Jamal's case, the Third Circuit decision means that the trial prosecutor's pattern of strikes against African-American prospective jurors, a culture of discrimination in the prosecutor's office (including a videotaped training advocating the exclusion of prospective jurors of color), a comprehensive statistical study documenting a pattern of exclusion of prospective jurors of color by the prosecutor's office and other such evidence is insufficient to suggest discrimination.  LDF's brief explains that turning a blind eye to such credible evidence of discrimination not only conflicts with the law but also undermines public confidence in integrity of the courts.  
 
"We believe that the Third Circuit's interpretation of the law will have the effect of shielding discrimination and undermining the rights of criminal and capital defendants to a fair trial.  It is our hope that the Supreme Court will accept and review Mr. Abu-Jamal's case to make sure that courts respond promptly and appropriately when confronted with real questions about the existence of racial discrimination in jury selection ," said John Payton, LDF President and Director-Counsel. 


A Message from Natsu Saito on Ward Churchill's Court Date
 
Ward Churchill Trial Update

Ward & I are very appreciative of all of the support we have received over the past several years in our battle with the University of Colorado, and for all of the work that each of you contributes to our collective struggle.  We wanted to keep you updated as we prepare to go to trial next week.

As most of you know, Ward Churchill -- an indigenous scholar and activist and tenured professor of Ethnic Studies-- came under attack in January 2005 for an article he wrote on 9/11. A media blitz followed in which Bill O’Reilly and others spearheaded attacks on Ward. Colorado Governor Bill Owens called for the University to fire him immediately but, because that would have been blatantly unconstitutional, CU instead launched an investigation into all of Ward’s writings in an attempt to come up with some pretext to fire him. In July 2007, the University of Colorado fired Ward for “academic misconduct.”

Ward’s case is emblematic of the attempts to silence dissent that we have seen all over this country, not just in our universities, but in our communities as well. Ward is now suing the University.  Many indigenous scholars and activists, as well as critical race theorists including Prof. Derrick Bell will be testifying.

Ward is requesting reinstatement so that CU and other universities will be deterred from attempts to silence other critical voices.  It is our deepest hope that in standing up to the rightwing forces attempting to silence Ward we will show them that we will not tolerate such repression.

The trial is scheduled for March 9-27 in Denver state court.   If you are in the area, your presence would be greatly appreciated:

     Denver State Court, Courtroom #6, 1437 Bannock St., Denver, CO 80202

Supporters have organized a kick-off event is Monday, March 9, 2009 from 9:30am-5pm, with refreshments across the street from the courthouse in Civic Center Park. For more info or ride shares, e-mail churchilltrial@gmail.com.

If you would like more information, or can make a donation to the legal fund, please visit the Ward Churchill Solidarity Network website atwww.wardchurchill.net.

Finally, please keep us in your thoughts and spread the word!

In struggle and solidarity,

Natsu Saito


 
 
Obama Watch!

International Human Rights
and the Black Community

The most significant problem facing the Black American community is racism. A significant but unused tool is international human rights mechanisms, specifically the Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Durban Declaration and Programme of Action, and the UN Working Group of Experts on People of African Descent. This group is dedicated to eliminating racism by the effective utilization of those mechanisms through education, lobbying and active participation in international forums. 

Membership is on approval:  Must have a commitment to the elimination of  Anti-black racism.

Race and the Mortgage Meltdown
 

Other Articles Added

New Books and Articles
  • Race and Policing in America: Conflict and Reform. By R. Weitzer and S.a. Tuch (Cambridge: Cambridge University Press, 2006, 225 Pp. £16.99)
  • Nicole Love, 29 Boston College Third World Law Journal 115, Parents Involved in Community Schools V. Seattle School District No. 1: the Application of Strict Scrutiny to Race-conscious Student Assignment Policies in K-12 Public Schools (2009)
  • Cassandra L. McKeown and Michael G. Miller, Say What?: South Dakota's Unsettling Indifference to Linguistic Minorities in the Courtroom , 54 South Dakota Law Review 33 (2009)
  • Laura E. GÓmez, Manifest Destinies: the Making of the Mexican American Race, New York: New York University Press, 2007. Pp. 272. $35.00 Cloth (Isbn 0- 8147-3174-1); $21.00 Paper (Isbn 0-8147-3205-4).
UDSL Professor Uses Technology to Teach Nationwide, from Comfort of UD’s Campus

Professor Vernellia Randall has led seminars that have reached participants all over North America. But lately she’s figured out how to reach the same broad audience without leaving campus. Randall is exploring a new technology as a teaching tool, conducting free webinars (online seminars) to reach interested learners across the country and in a variety of professions. “I wanted to reach out to people who are active in issues of healthcare disparity and race/racism,” she said. Her first webinar was offered in December of last year and since then she has offered a different one each month.

“This resource, in this format, in this economy, is free and convenient,” Randall said. “I think this is a great alternative to waiting around for a conference.”

Professor Randall had participated in webinars herself and decided to try hosting one, drawing on the large network available to her – 10,000 to 50,000 people – from various listservs to which she belongs.

The first title, “A Healthcare Community Discussion: Healthcare Reform and Eliminating Healthcare Disparities,” involved 144 participants and was conducted as a focus group. A collection of the group’s ideas as well as comments participants made through the website surveymonkey.com were amassed and sent to President Obama, who had issued a mass invitation to Americans to provide the White House feedback on healthcare reform. “It was wonderful,” Randall said. “It generated a lot of activity and ideas, but I don’t expect to hear a response from the government.”

For her latest two webinars, Randall adopted more of a lecture and discussion format. “I talk for no more than 15 minutes, then put out a question,” she said. “It’s a lot like teaching a class and actually I do see this as part of my teaching/service responsibilities.”

To help Randall organize, prepare, and manage the webinars, two student research assistants handle much of the technology involved.

“Professor Randall's webinars have been a combination of her sharing her research and asking the participants for their opinions and suggestions” explained one of Randall’s research assistants, Jessica Moss. “We have had a lot of positive comments from the participants who feel very strongly about the issues and want to share their experiences and ideas. Because the software allows you to connect through your telephone or through a microphone headset we have had participants from all over the U.S.”

To keep things running smoothly, participants adhere to webinar structure and etiquette. To make a comment, a participant must signal to the host that they want to speak, and then they must be unmated before they can speak to the group. All a participant needs is a speaker, microphone, and computer with an internet connection.

“The level of participation and broad range of professionals participating really pleases me,” Randall said. “I don’t know of any other law professor who is doing this and I’m happy to be ahead of the trend.”

Professor Randall’s upcoming webinars are advertised  here.


 

Report to President-elect Obama on Health Care Reform and Eliminating Racial Inequality

Vernellia R. Randall

 

President-elect Obama requested communities to conduct discussions and provide input into the health care reform effort. On December 30, 2008 a webinar was conducted in response to the request by Senator Daschle and the Obama Transition team. The webinar was organized to focus specifically on how health care reform should be conducted to eliminate racial/ethnic health care disparities. Racial disparities in health care is a topic that is often overlooked. It is possible to assure ability to pay without necessarily assuring access to quality care. The webinar/survey focused on how to assure more than economic access to quality of care, particularly, how to eliminate racial disparities in health care. Thewebinar/survey was organized and conducted by Professor Vernellia Randall, The University of Dayton School of Law.

There were 144 participants in the webinar from 32 states and 2 countries (the United States and Canada). 55.6% (80) participated for the entire 2 hours. To facilitate widespread input a survey was provided; 93 participants completed the survey and only about 10% who completed the survey did not participate in the webinar. This report is based both on the comments from the webinar and the survey. Except for correction of obvious spelling errors, the comments are attached without editing.  

Basic Principles for Eliminating Racial Health Disparities

Participants were asked their opinion about the following set of guiding principles for eliminating racial health disparities:

1. Even when you control for class, Racial/Ethnic Minorities have significantly poorer health status than similarly situated white Americans.

2. Disparities in health status cannot be eliminated without eliminating inequality in social determinants of health.

3. A significant social determinant of health is access to quality health care.

4. Economic access, while essential, is not sufficient to assure access to quality health care.

5. Eliminating non-economic barriers to health care is essential to assuring access to quality health care. Non-economic barriers include lack of providers and institutions in neighborhoods and communities, lack of culturally competent care, and disparity or discrimination in treatment and services.

6. Health care reform must include as a goal the elimination of racial/ethnic health care disparities.

7. Health care reform must ensure not only that quality health care is equally distributed, but most importantly, proportionately provided to communities based on need and disparities.

On the survey, between 68 to 74 participants indicated their level of agreement on each of the principles. 87.8% (65) participants agreed that disparities in health status cannot be eliminated without eliminating inequality in social determinants of health.  91.9% (68) participants agreed that "disparities in health status cannot be eliminated without eliminating inequality in social determinants of health". 94.3% (66) participants agreed that "access to quality health care is a significant social determinant of health." 90% (63) participants agreed that "Economic access, while essential, is not sufficient to assure access to quality health care." 97.1% (66) participants agreed that "Eliminating non-economic barriers to health care is essential to assuring access to quality health care." 97.1% (68) participants agreed that health care reform must include as a goal the elimination of racial/ethnic health care disparities. Finally, 94.2% (65) participants agreed that "health care reform must ensure not only that quality health care is equally distributed, but most importantly, proportionately provided to communities based on need and disparities."

Of the 26 participants who provided additional comments, most provided clarification and agreement with the principles. For instance, one participant thought that the lack of diversity in the entire health professional workforce was an additional non-economic barrier. "While it is important to have clinicians reflect the community being served, it is also important to have a diverse workforce at all levels of the health care system." Workforce development should be a priority to eliminate health disparities. "Without a culturally diverse and competent workforce, communities of color will continue to experience health disparities." There were a number of expressed concerns about understanding and implementing the principles: "I agree in principle." "The challenge lies in the definition of whom/how disparities are experienced." However, a couple of comments, expressed disagreement with principles. One comment thought the primary problem was individual choice: "I think the most you can do is educate people about the consequences of their choices and hope they choose wisely." "In many cases, people unfortunately choose unwisely"; while still another thought the principles were self-serving; "this is another loaded statement to support your overall findings." However, the overwhelming majority were in agreement, some with very specific additional principles. For instance:

"No segment of the population, regardless of race, color, national origin, or income, should suffer disproportionately from poor quality care, loss of health care resources, or adverse health effects as a result of the policies or enforcement of federal, state, or local health care agencies. Government agencies charged with distributing and overseeing the allocation of health care resources -- whether through the allocation of public funding, setting public insurance reimbursement rates, making hospital closure decisions, or deciding whether to permit hospital relocations or mergers -- must ensure that all communities have access to timely and quality health care. Those who must live with these health care resource decisions - community residents, health care providers, and various public entities -- must have every opportunity for public participation in the making of these decisions. An informed and involved local community is a necessary and integral part of the process to ensure health care justice." (Continued)

 

 
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Thanks to Derrick Bell and his pioneer work: 
Race, Racism and American Law
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