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- Title
RACISM, INCORPORATED: RAMOS V. LOUISIANA AND JOGGING WHILE BLACK.
- Authors
ROMERO, VICTOR C.
- Abstract
There is more to the U. S. Supreme Court's recent decision in Ramos v. Louisiana than its holding requiring unanimous state jury verdicts via the incorporation doctrine. The underlying debate among the Justices in Ramos about the salience of race in the law is a window into the current cultural moment. After identifying the racial debate underlying the Justices' views in Ramos, this Essay shows how the same pattern emerges in our social and legal debates around vigilante policing of Black Americans, including a close-up look at the recent killing of Ahmaud Arbery. Social psychology teaches us that society stereotypes young Black males, which turns supposedly race-neutral "law and order" policies into invitations to disproportionately police Blacks for everyday activities like jogging. This Essay then looks to research on the righteous moral mind for a way forward, noting that we may each see the world differently, sometimes in ways unfathomable to the other. The challenge for our law and culture is to find ways to incorporate and embrace those differences while recognizing that our Constitution's highest ideals demand that we move, even if in fits and starts, toward a more inclusive. perfect union.
- Subjects
UNITED States; RACISM laws; RACISM; INCORPORATION doctrine; UNITED States. Constitution. 14th Amendment; RACIAL differences
- Publication
Southern California Interdisciplinary Law Journal, 2020, Vol 30, Issue 1, p101
- ISSN
1077-0704
- Publication type
Article