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The Ongoing Effect of Race, Punishment and Exclusion in the United States
The Community Service Society of New York (CSS) is an informed, independent, and unwavering voice for positive action representing low-income New Yorkers. CSS addresses the root causes of economic disparity through research, advocacy, and innovative program models that strengthen and benefit all New Yorkers.
www.cssny.org
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PROGRAM Introduction Panel Questions
Kimberly Westcott Gloria J. Browne-Marshall Juan Cartagena David R. Jones Hon. Walter T. Mosely Brittany N. Packnett
Demands, Strategies, and Solutions Q&A Closing
JOIN THE CONVERASTION #21stColorLine
SPEAKERS Gloria J. Browne-Marshall
@GBrowneMarshall Recommended Readings: Justice Harlan’s dissent in Plessy V. Fergusen
Where Do We Go From Here: Chaos or Community? Dr. Martin Luther King, Jr.
Gloria J. Browne-Marshall, a leading constitutional law professor, civil rights attorney, author and legal commentator tells the courageous story of the NAACP’s battles for voting rights from its first legal victory in 1915 to fighting unfair photo identification laws and voter suppression today in her new book “The Voting Rights War: The NAACP and the Ongoing Struggle for Justice” (Rowman & Littlefield). “The Voting Rights War” is available online for pre-order online and for release in the summer of 2016. Browne-Marshall is the author of “Race, Law, and American Society: 1607 to Present” (Routledge). “Race, Law Society” is the seminal book connecting racial injustice and the law over 400 years in the areas of education, voting rights, property rights, criminal justice, the military, and internationalism. Noteworthy, “Race, Law Society” includes cases and historical legal landmarks involving African-Americans, Latinos, Asians, and Native Americans. Gloria J. Browne-Marshall is an associate professor of Constitutional Law at John Jay College (CUNY) and a member of the Gender Studies faculty. She is the U.S. Supreme Court correspondent for AANIC (AfricanAmerican News & Information Consortium) and legal reporter at the United Nations. She covers national and international issues related to women, children, minorities, and immigrants as well as criminal justice. In 2016, Gloria
spoke on America’s racial violence in Besancon, France. She covered the 2012 Presidential campaign and President Obama’s receipt of the Nobel Peace Prize in Oslo, Norway in 2009. She is a member of the National Press Club and PENAmerican Center. Her award-winning weekly syndicated column is published in newspapers in Washington, D.C., New York City, Milwaukee, Dallas, Atlanta, and St. Louis, MO. She has provided commentary for CBS, CNN, BBC America, ABC, NPR as well as regular legal commentary for WVON (Chicago) and newspapers nationwide. Her weekly radio program “Law of the Land” is broadcast on WBAI (99.5FM) located in New York City and online at wbai.org. Gloria J Browne-Marshall is Founder/ Director of The Law and Policy Group, Inc., a 501(c)3 ‘think tank’ for the community which publishes “The Report on the Status of Black Women and Girls®” the only ongoing report on the state of Black females in America and “The U.S. Constitution: An AfricanAmerican Context.” She is the recipient of the NAACP Ethel Lawrence Trailblazer Award, Association of Black Women Attorney’s award, the New York County Lawyers’ Ida B. Wells award for work on gender and race issues, the Woman of Excellence in Law award from Wiley College (Texas), and the Community Action award from Black Star News.
Juan Cartagena
@LJCartagena
Recommended Readings:
Behind Bars: Latinos/as and Prison in the United States, Obeler, Suzanne, Ed. The Growth of Incarceration in the United States: Exploring Causes and Consequences, Travis, J., Western, B. and Redburn, S. Eds. Latino/a Rights and Justice in the United States, José Luis Morín Governing Through Crime, Jonathan Simon
Juan Cartagena is one of the nation’s leading voices on equality and nondiscrimination who has successfully used the law to effectuate systems change for the benefit of marginalized communities. A dynamic public speaker, seasoned litigator and educator, Mr. Cartagena is currently the President & General Counsel of LatinoJustice PRLDEF, a national civil rights public interest law office that represents Latinas and Latinos throughout the country and works to increase their entry into the legal profession. A graduate of Dartmouth College and Columbia University School of Law, Juan currently lectures on constitutional and civil rights law at Rutgers University in New Brunswick. He has written extensively on constitutional and civil rights issues including the political representation of poor and marginalized communities – especially Puerto Rican and Latino communities – but his current focus for litigation, research and writing addresses the effects of mass imprisonment, policing and drug policy on Latino communities. While previously at the Community Service Society he directed its Mass Imprisonment/Reentry Initiative which focused on the effects these policies have on poor and minority communities. His most recent book chapter in this
regard (“Lost Votes, Lost Bodies, Lost Jobs: The Effects of Mass Incarceration on Latino Civic Engagement”) is in Behind Bars: Latinos/as and Prison in the United States (Obeler, Suzanne, Ed., , Palgrave Macmillan 2009) and his latest full article “The Noose, the Hoodie, and the State,” appears in The Strangest Fruit Exhibition Catalogue, Staniar Art Gallery, Washington & Lee University (Apr. 2015). Juan now litigates racial profiling and police cases with his staff at LatinoJustice PRLDEF including matters affecting Stop & Frisk policies, prison gerrymandering, racial profiling against undocumented Latinos, employment discrimination against persons with criminal histories and prison telephone justice. He has served on multiple government task forces in both New York and New Jersey addressing juvenile justice, immigrants’ rights and policing, and most recently, prison conditions in Rikers Island New York. He continues to research and write on intersection between policing / criminal justice /drug policy reform and Latino communities, domestically and internationally and he is often asked to share his views via public speaking engagements throughout the country.
SPEAKERS David R. Jones, Esq. David R. Jones, Esq., is President and CEO of the Community Service Society (CSS), a non-profit organization that promotes economic advancement and full civic participation for low-income New Yorkers. An outspoken advocate, Mr. Jones writes bi-weekly columns in The Amsterdam News and El Diario/La Prensa that serve to educate the public and government officials on important policy issues. @CSSNYorg Recommended Readings:
Stamped from the Beginning: The Definitive History of Racist Ideas in America. Kendi, Ibram X. Invisible Man Got the Whole World Watching: A Young Black Man’s Education. Smith, Mychal Denzel
Prior to CSS he served as Executive Director of the New York City Youth Bureau and Special Advisor to Mayor Edward I. Koch from 1979 to 1983 with responsibilities in race relations, urban development, immigration reform and education. A highly respected New York City leader on issues of urban poverty and economic advancement, Mr. Jones has served on numerous boards and the transition committees for New York City Mayor Bill de Blasio, former Mayor Michael R. Bloomberg and New York State Attorney General Eric Schneiderman. Mr. Jones was recently named to a blue-ribbon commission advising Mayor de Blasio on structural changes to NYC Health + Hospitals. He is Chairman of the Nation Institute, a former member of the Moreland Commission, a member of the Advisory Council of the NYC Department of Health and Mental Hygiene and a board member of the Scherman Foundation, the Fiscal Policy Institute, and the Center for Community Change.
Over his nearly 30 years leading CSS he has been honored for raising awareness of the broader economic and societal consequences of poverty. Mr. Jones is past chairman of the National Committee for Responsive Philanthropy, which is committed to making organized philanthropy more responsive to socially, economically and politically disenfranchised people. He is a founding member of the Upper Manhattan Empowerment Zone and for seven years was President of Black Agency Executives, a group of black leaders of major New York City human service agencies. For more than ten years he served as a member of the Board of Directors of the Puerto Rican Legal Defense and Education Fund. Mr. Jones was a recipient of the Thomas J. Watson Fellowship. Among his many awards is an honorary Doctor of Humane Letters from City University of New York. Prior to his nonprofit and public service careers he specialized in corporate antitrust cases and contract litigation at Cravath, Swaine & Moore. Born in the Bedford-Stuyvesant section of Brooklyn, Mr. Jones is the son of the late Assemblyman and Judge Thomas R. Jones. He is married to Dr. Valerie King, a clinical psychologist. They have two children. He is a graduate of Wesleyan University and Yale Law School.
Hon. Walter T. Mosely Walter T. Mosley was elected in November 2012 to represent Brooklyn’s 57th district in the New York State Assembly, which includes the neighborhoods of Fort Greene, Clinton Hill, Prospect Heights, and parts of Crown Heights and BedfordStuyvesant.
@WalterTMosely Recommended Readings:
Where Do We Go From Here: Chaos or Community? Dr. Martin Luther King, Jr. Manchild in the Promised Land, Claude Brown
As former Second Vice Chair of the Black, Puerto Rican, Hispanic, and Asian Legislative Caucus and a member of the committees on Housing, Codes, Corrections, Banks, and Education, Assemblyman Mosley is dedicated to helping struggling working families and giving his community a powerful voice in Albany. Assemblyman Mosley was recently appointed chair of the subcommittee on Regulated Mortgage Lenders – a committee which oversees mortgage lending programs and practices. Assemblyman Mosley is also a proud member of the New York State Caucus of Environmental Legislators, State Legislators Against Illegal Guns (SLAIG), the American State Legislators For Gun Violence Prevention (ASLGVP), and the bipartisan coalition, Leaders Eradicating All Poverty (LEAP), an initiative to combat poverty, wage discrimination, and income inequality throughout New York State. Since taking office, Assemblyman Mosley has focused on tackling economic inequality by strengthening affordable housing laws and
programs, improving educational opportunities and after school curriculums, and bringing added employment opportunities into the community. Assemblyman Mosley has introduced legislation that fights public employer discrimination of formerly incarcerated individuals, provides legal representation for persons facing foreclosure proceedings, and requires mortgage lenders and brokers to inform potential homeowners of their Mortgage Bill of Rights. In addition to serving as a member of the Assembly, Mosley is also the District Leader and New York State Committeeman for the 57th district. Assemblyman Mosley received his bachelor’s degree in Criminology, with a minor in African Studies and American History, from The Pennsylvania State University at University Park, graduating with honors for his exceptional academic performance. In 1998, he then received his law degree from the historic Howard University in Washington D.C. Currently, Assemblyman Mosley serves as an adjunct professor at Berkeley College, teaching courses in criminal justice, government, and media relations.
SPEAKERS Brittany N. Packnett
@MsPackyetti
Brittany N. Packnett, 30, is a St. Louis native who works on issues of educational equity, youth leadership development and social justice, with a focus on culturally responsive leadership in marginalized communities. She has been an elementary teacher, Capitol Hill staffer, and policy advocate and expert in Washington, DC, and currently serves as Executive Director Teach For America in St. Louis, which serves over 20,000 student corps members and alumni classrooms daily. In Ferguson and beyond, she has been an active protestor and activist for issues of racial and social equity. Since August 2014, she has supported organizing work including the #Ferguson Protestor Newsletter and Open Letters, and moderated the #FergusonFireside conference calls. She has been one of many voices to take the stories of Ferguson, activism, policy and racial justice to national and international media outlets including the New York Times, TIME Magazine, USA Today, MSNBC, NPR, Al Jazeera America, the BBC, CNN, and Ebony Magazine, among others.
In 2014, Brittany helped bring community voice to the Ferguson Commission and President Obama’s Task Force on 21st Century Policing as an appointee to each. Recently, she joined other activists to release Campaign Zero, a comprehensive policy platform to end police violence in America. Brittany is an alum of Washington University in St. Louis and American University in Washington, DC, studying African American History and Elementary Education, respectively. She volunteers her time as a mentor and board member for several community organizations in the St. Louis region. In 2015, Brittany was named one of TIME Magazine’s 12 New Faces of Black Leadership and, along with fellow activist DeRay McKesson, was awarded the Peter Jennings Award for Civic Leadership.
Kimberly Westcott Kimberly Westcott is Associate Counsel in CSS’s Legal Department and an Adjunct Assistant Professor at the Columbia University School of Social Work (CUSSW). Her work with CSS includes removing barriers to employment for persons with conviction histories and developing inprison educational, training and work pathways that lead to a living wage and career ladder for the formerly incarcerated. @CSSNYorg Recommended Readings:
Are Prisons Obsolete? Davis, A.Y. White By Law 10th Anniversary Edition: The Legal Construction of Race. Haney-Lopez, I. Race: The History of an Idea. Gossett, T.F. The Wages of Whiteness: Race and the Making of the American Working Class Roediger, D.R.
Ms. Westcott is a graduate of Yale University (B.A., History) and Rutgers University School of Law-Newark (J.D.) and a former labor and employment attorney with the New York City Transit Authority’s (NYCTA) Office of the General Counsel. Ms. Westcott also has a substantive background in social work and social welfare policy, receiving her MSW from CUSSW in 2003, and a PhD in Social Welfare Policy from Columbia in 2011. Her dissertation entitled, “Fictive Citizenship: A Genealogy of the Social Construction of the Black Male and the Penal Process in the U.S., 1790-1930,” and the master’s level CUSSW courses Ms. Westcott developed and currently teaches for its Criminal Justice Minor, “Race, Representation, Criminality and Exclusion: Black Americans in the United States Criminal Punishment System” and “Race and Mass Incarceration”
reflect her commitment to exposing the process of criminalizing black and brown communities and to advancing full civic, economic, and social participation in accordance with human rights principles. Ms. Westcott’s writings, which highlight a social welfare based life course development approach to shifting the punishment paradigm include, Westcott, K. (2015). “Race, Criminalization and Historical Trauma in the United States: Making the Case for a New Justice Framework,” Traumatology 21(4), 273-284; Maschi, T., Morgen, K., Westcott, K., Viola, D., and Koskinen, L. (2014). “Aging, Incarceration and Employment Prospects: Recommendations for Practice and Policy Reform”, Journal of Applied Rehabilitation Counseling, 45(4), 44-55. Ms. Westcott serves on several reintegration project development teams, including the development team for Hope Lives for Lifers, a project of the American Friends Service Committee that was conceived by Larry White.
THE COLOR LINE IN THE 21ST CENTURY by Kimberly Westcott
Introduction: At the edge of the train tracks
A snapshot of New York and the nation in the 21st Century
In The Souls of Black Folk (1903), W.E.B Dubois challenged the nation to look at the condition of black America with fresh eyes. Less than a decade after Plessy v. Ferguson (1896) and mired in an apartheid state, blacks routinely confronted State-sanctioned violence. The police swept most recently emancipated blacks into lethal convict lease and chain gang labor systems that reinforced exploitive share cropping and debt peonage practices. Extra-judicial execution by lynch mobs and the Ku Klux Klan were commonplace, as were racially targeted eruptions of communal violence against black migrants exemplified by the Atlanta (1906) and Chicago (1919) race riots; and the mass destruction of prosperous black communities by white rioters, as in Tulsa, Oklahoma (1921) and Rosewood, Florida (1923). Denied protections of the law and basic rights under the Constitution, most notably voting -- the measure of American democratic citizenship -- blacks were beset by narratives of racial inferiority legitimated by science, religion, and law. In its wake, DuBois presented black people and their struggle for survival and dignity in humanizing detail.
Over a century later, residents of the United States still face institutionalized discrimination, particularly in the form of criminalization. While the United States represents about 4.4 percent of the world’s population, it houses around 22 percent of the world’s prisoners. However, the problem for individuals does not end after a prison sentence is served. In this age of mass incarceration, an estimated 70 million people in the United States have a prior arrest or conviction record, or nearly 1 out of every 3 adults. Nationwide, one in every 13 black adults cannot vote as the result of a felony conviction, and in three states – Florida, Kentucky, and Virginia – more than one in five black adults is disenfranchised. In New York State alone, 22,348 individuals were released from prison in 2015 into a highly competitive and discriminatory job market. While the unemployment rate overall for the state is 5.7 percent, it is estimated that 40 to 60 percent of people with conviction histories are unemployed. This is worsened by the legally rooted stigma for persons with conviction histories. In New York State, there are 149 mandatory restrictions on employment for
people with prior felony convictions. People with controlled substance convictions are also subject to 643 mandatory employment restrictions.
While the United States represents about 4.4 percent of the world’s population, it houses around 22 percent of the world’s prisoners. This issue disproportionately affects individuals of color. African Americans constitute nearly 1 million of the total 2.3 million incarcerated population in the United States and have nearly six times the incarceration rate of whites. In New York City, most persons in prison hail from five particular neighborhoods, historically known for large black communities: BedfordStuyvesant, Brownsville, East New York, Harlem, and the South Bronx. Societal problems that intersect with class and race are entrenched in these neighborhoods. The median income of these five neighborhoods averages 30,000 dollars annually, 20,000
lower than the overall New York City median income of 50,711. Unemployment ranges from 14-19 percent, compared to the overall city average at 6.1 percent. In East New York, the neighborhood with the highest unemployment rate in the NYC at 19.2%, black residents are unemployed at a rate of 21.4%. Economic problems aside, these five neighborhoods in New York City also suffer from more health problems. Neighborhoods with lower income earners have poorer air quality compared to their higher earning counterparts. This is due in part to their proximity to factories. Sections of the Bronx, Upper Manhattan; North-Central and Southern Brooklyn, Eastern Queens, and Northern Staten Island typically have higher rates of particulate matter-related emergency room and hospital visits, and even deaths. Due to the quality of and access to education in these neighborhoods, this problem continues to persist and many residents in these neighborhoods remain stuck in a cycle of poverty. For the high school class of 2011, New York City’s graduation rate was 70%, while these five neighborhoods ranged from 8 to 14 percent.
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Race, criminalization and punishment: The engine of American apartheid In the United States, marginality blossoms at the intersections of race, cultural representation, and power. Despite its Quaker penitential origins, modern criminal punishment is the product of a racial system that has developed laws to differentiate the black and white populations, maintain the enslaved status of blacks, and to promote the common understanding of their rightful status as property and as provisional residents of the United States. In Colonial Virginia, black and white workers were conscripted into the workforce as indentured labor. Later the terms of work diverged as the conception of race solidified. As early as the mid-1600s, the status of black and white workers was redefined to vitiate worker solidarity and to secure planter control over the lower caste labor pool. This shift marked the enslavement of black workers and limited labor for a term of years for white workers. As slavery became institutionalized southern, white, low caste workers acquired land and social standing, in part, by working as slave patrols. This did not substantially
elevate their economic circumstances but affirmed their identity as “white” men, which supported affiliation with the planter elite and a place in the social structure.
In the United States, marginality blossoms at the intersections of race, cultural representation, and power. Laws forming the cornerstones of the apartheid state were in effect since the mid1600s. These laws, among other things, barred race mixing (miscegenation), education, voting, travel, housing and settlement, and limited blacks to specific types of menial labor. Significantly the 1790 Immigration Act conditioned naturalization to United States citizenship upon being “Caucasian.” While this did not directly affect enslaved blacks, who were chattel (property) and non-citizens under Dred Scot v. Sandford (1857) until the enactment of the 14th Amendment, the 1790 Act and Jim Crow segregation firmly established the United States as a racial state
until the Act’s full repeal in 1952 and the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. In the 20th Century, state action continued to reinforce racial divisions. Ta-Nehisi Coates and Ira Katznelson highlight that blacks were excluded from the protections of the law, particularly with respect to the employment relationship and other areas necessary for full participation in American society. Under the New Deal’s signal social welfare legislation, the Social Security Act of 1935, domestic and farm workers, predominantly black occupations, were barred from its coverage to preserve the subsistence level wages that allowed the Southern economy to operate. Later black veterans were barred from accessing their full benefits under the G.I Bill -- the greatest wealth generating engine for the middle class in the 20th century -- which included subsidized admission to college and skill training, affordable loans for housing in economically viable neighborhoods, which the Federal Housing Administration (FHA) and banks’ official redlining practices made
impossible for blacks to obtain. As a result, blacks were pushed into ghetto areas and denied the opportunity to generate wealth through increasing home equity like other white Americans. Unofficial social practices condoned by the state, like the perpetuation of all-white craft union membership and the enforcement of restricted covenants prohibiting the sale of homes in white neighborhoods to black buyers, reinforced the division between the two societies and statuses: one human, the other black. These practices were buttressed by religious and scientific (biological, anthropological, sociological, and psychological) claims of black inferiority that justified their violent and differential treatment in society and in punishment.
THE COLOR LINE IN THE 21ST CENTURY
Misrepresentation and criminalization as arguments for sorting and exclusion Cultural justifications for the forced subordination of black labor and social status saturated American society through literary, scientific, religious and legal channels, providing an array of “rational” accounts for the different and inferior status of black people. These ranged from the infamous “monogenic versus polygenic debate” surrounding the contention that blacks were not descended from Adam or were the cursed issue of Noah and therefore not part of humanity, to the notion that blacks were incapable of democratic self-government because from an anthropological perspective, they were a people lacking history or civilization. No esteemed historical figure was immune. Thomas Gossett recites Thomas Jefferson’s “scientific” account of the lesser qualities of blacks – both intellectual and aesthetic. In the mid-19thcentury this inferiority was framed in biological terms after racial conservatives distorted the tenets of “natural selection” taken from Charles Darwin’s, On the Origin
of Species (1859). Darwin’s theory was later adapted to “Social Darwinism” by his cousin, Herbert Spencer, who spawned the maxim, “survival of the fittest.” Social Darwinism expanded beyond its racist and nativist applications to inform the tenets of “scientific charity,” which allowed the wealthy to justify eliminating financial assistance to anyone too weak or “unfit” to survive on their own -- namely the poor. This resulted in massive cuts to social service relief during the grinding depressions of the 1880s. Social Darwinism later influenced eugenics -- Francis Galton’s theory of human stratification advocating the separation of persons from “good” and “bad” genetic stock to “improve” humanity. The theory of eugenics promoted the isolation of lesser groups, and in the early 1920s resulted in a spate of legislation allowing states to confine and sterilize those deemed unfit, which naturally included blacks, immigrants from countries with dark- skinned populations, persons with mental and physical “‘defects,’ and women with difficult temperaments.” Throughout blacks were portrayed by
literature and social science as possessing an infantile and emotional disposition, a deficient or non-existent work ethic – unless compelled by threats of violence – or as dangerous and sexual animals who could not be allowed to roam among the free population. These themes fueled extra-legal violence in the form of lynching by the Ku Klux Klan and other white supremacist groups and dovetailed into exploitive economic systems of debt peonage, share cropping and segregated, subsistence wage employment. All of these structural arrangements ensured that blacks could not acquire sufficient capital or resources to purchase land and engage in profitable business. And if, by chance, self-sufficient, economically independent black communities developed, they were often razed, like the cities of Tulsa, Oklahoma, or Rosewood, Florida. Black dehumanization continues today. As early as 1989 Donald Trump, among others, effectively described the young defendants in the Central Park Five as animals -- a “roving gang” of “crazed misfits” who raped a white woman while “wilding.” Conservative writer
John Dilulio, who worked in the Bush White House, introduced the pejorative phrase, “super-predator” later used by Hilary Clinton in 1996, to describe black males. These comments are still being parsed.
Demands, strategies and solutions In the wake of the civil and human rights uprisings of the 1960s, as is now laid bare by various writers and Black Lives Matter activists, the wholesale criminalization of black Americans both in the media and through the operation of law enforcement, sentencing policy, and the construction of the prison economy was intentionally directed toward criminalizing, incarcerating and neutralizing the economic and political power of black and brown communities. The abuse of punishment and enforcement -- institutions that have reached deep into the social fabric to disrupt black and brown families -- compels a rethinking of the nature of these institutions and their relationship to communities. Most
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prominently: what is the present function of prison and punishment? What purpose do they serve? How can the massive resources directed toward punishment be diverted to and controlled by the most affected communities? Even more broadly, as David Jones, President and CEO, Community Service Society reminds us, how can a critique of punishment and the stratifying arguments used to marginalize black and brown people be used to humanize and raise the floor for all people? How can we ensure that persons who have paid their debt to society are given a clean slate through expungement that allows for engagement in society without discriminatory barriers to basics like employment and housing? How can we craft policies that support education, training, and living wage work for those in prison and the formerly incarcerated, and a locally controlled and grown economy on a “locavore model,” such as worker cooperatives, that promote full participation for everyone while addressing the root of the problem, which unavoidably, begins with institutional racism?
CUNY Professor Gloria J. Browne Marshall contends that these shifts require strategic responses across the social justice spectrum, “litigation, legislation, and protest.” Through this triad legislators, like the Honorable Walter T. Mosley, who has introduced legislation that fights public employer discrimination of formerly incarcerated individuals, litigators and social activists, like Juan Cartagena, President and CEO, LatinoJustice, work to enforce the protections that we rely upon to engage in civic participation, like voting, or to movement build with other groups to press for political and social change. Most of all, activists like Brittany Packnett, Campaign Zero, galvanize people in their communities, highlight their demands, and link them to historic struggles while articulating the issues in new normatively relevant ways -- such as through a human rights framework. All of these strategies, plus the will of our community, must be engaged to contend with the corporate bulwark that operates through State-sanctioned violence to divide us.
Works Consulted Alexander, M. (2010), The New Jim Crow: Mass Incarceration in the Age of Colorblindness. New York: The New Press. Bauerlein, M. (2001). Negrophobia: A Race Riot in Atlanta. San Francisco: Encounter Books. Baum, D. (2016) “Legalize It All: How to Win the War on Drugs,” Harper’s Magazine. Beckett, K. (1997). Making Crime Pay: Law and Order in Contemporary American Politics. Oxford: Oxford University Press. Browne-Marshall, G.J. (2013). Race, Law, and American Society: 1607 to the Present, 2nd edition. New York: Routledge. Coates, T. (2014) “The Case for Reparations.” The Atlantic. Chung, J. (2015). “Felony Disenfranchisement: A Primer.” The Sentencing Project. sentencingproject.org Davidson, A. (2014) “Donald Trump and the Central Park Five.” The New Yorker. Davis, A. Y. (2003). Are Prisons Obsolete? New York: Seven Stories Press. DuBois, W.E.B. (1903). The Souls of Black Folk. New York: Dover Publications, Inc.
Duster, T. (2003). Backdoor to Eugenics, 2nd edition. New York: Routledge. Edelman, A. (2016). “Top Advisor to Richard Nixon admitted that ‘War on Drugs” was policy tool to go after anti-war protesters and “black people”, New York Daily News. Fredericksen, A. and Omli, D. (2016). Jobs After Jail. Alliance for A Just Society. Fredrickson, G.M. (1971). The Black Image in the White Mind: The Debate on Afro-American Character and Destiny, 1817-1914. New York: Harper & Row. Fiscal Policy Institute (2009). New York City in the Great Recession: Divergent Fates by Neighborhood and Race and Ethnicity. Fiscal Policy Institute. fiscalpolicy.org Foner, P. (1981). Organized Labor & the Black Worker, 1619-1981. New York: International Publishers. Golub, M. (2005). “Plessy as “Passing”: Judicial Responses to Ambiguously Raced Bodies in Plessy v. Ferguson.” Law & Society Review 39(3), 563-600. Gossett, T.F. (1997). Race: The History of an Idea. New York: Oxford University Press, pp. 42-44. Haney-Lopez, I. (2006). White by Law: The Legal Construction of Race, 10th Anniversary Edition. New York: New York University Press.
Works Consulted cont. Higginbotham, A. L. (1978). In the Matter of Color: Race and the American Legal Process: The Colonial Period. Oxford: Oxford University Press. Katz, M. B. (1996). In The Shadow of the Poorhouse: A Social History of Welfare in America, 10th Anniversary Edition. New York: BasicBooks. Katznelson, I. (2005). When Affirmative Action was White: An Untold History of Racial Inequality TwentiethCentury America. New York: W.W. Norton. Kheirbek, I., Wheeler, K., Walters, S., Pezeshki, G., and Kass, D. (2011). Air Pollution and the Health of New Yorkers: The Impact of Fine Particles and Ozone. New York City Department of Health and Mental Hygiene. Lieberman, R. C. (1998). Shifting the Color Line: Race and the American Welfare State. Cambridge, Mass: Harvard University Press. National Association for the Advancement of Colored People (2014). Criminal Justice Fact Sheet. NAACP.org. New York City Department of Education (2011). How Many Students in Your Neighborhood Graduate Ready for College? New York City Department of Education. New York State Corrections and Community Supervision (2016). Admissions and releases. New York Department of Corrections and Community Supervision.
Novak, D.A. (1978). The Wheel of Servitude. The University of Kentucky Press; Mancini, M.J. (1996). Mancini, M. One Dies, Get Another. Columbia, South Carolina: University of South Carolina Press. Martinot, S. (2003). The Rule of Racialization: Class, Identity, Governance. Philadelphia: Temple University Press. Morris, N. and Rothman, D.J. (Eds.)(1998). The Oxford History of the Prison. New York: Oxford University Press. Morris, T.D. (1996). Southern Slavery and the Law, 1619-1860. Chapel Hill, North Carolina: The University of North Carolina Press. Muhammad, K.G. (2010). The Condemnation of Blackness: Race, Crime and the Making of Modern Urban America. Cambridge, MA: Harvard University Press. Rampell, E. (2013). “An Interview with Richard Wolff on Counterpunch,� Counterpunch. Roediger, D.R. (1999). The Wages of Whiteness: Race and the Making of the American Working Class. London: Verso.
Rothman, D.J. (2005). The Discovery of the Asylum. New Brunswick: Aldine Transaction. Rodriguez, M. (2015). “Ban the box” research summary. National Employment Law Project. nelp.org. Swann, B. (2016). “Reality check: Hillary Clinton not telling truth about her ‘super-predator’ claims,” Truth in Media. Tuttle, W.M., Jr. (1970). Race Riot: Chicago in the Red Summer of 1919. Urbana: University of Illinois Press. Wackstein, N. (2016) “Let’s support ‘locally grown’ social services,” New York Nonprofit Media. Walmsley, R. (2013). World Prison Population List (Tenth Edition). International Centre for Prison Studies.
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