Volume VI - 2000

 

10th Anniversary Issue

A Tribute to the
Honorable A. Leon Higginbotham, Jr.

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Abstracts

Judge A. Leon Higginbotham, Jr.’s Search for Judicial Pluralism

Nathaniel R. Jones

This Inaugural Judge A. Leon Higginbotham Lecture honors the work of the late Judge and asserts that interpretation of the law cannot be separated from the social issues that the law is to resolve. The lecturer contends that different perspectives and backgrounds can often bring an equally different interpretation of what might otherwise appear to be a very clear set of facts or circumstances. To be able to make sound judgments, judges must be able to call upon a diversity of experiences.

 

In the Long Run: Career Patterns and Cultural Values in the Low-Wage Labor Force

Katherine S. Newman

What happens to workers who enter the labor market in low wage jobs? Do they remain working poor for most of their careers or do they graduate to better employment once they have work experience and references? In the context of welfare reform, these questions assume new significance. This article examines the career pathways of a sample of inner city workers from Harlem and reports on a four-year follow-up that shows surprising wage gains and occupational mobility over time. It also explores the stability of workers' attitudes toward opportunity, welfare reform, and racial barriers in the labor market.

 

When a Stumble Is Not a Fall:

Recovering from Employment Setbacks in the Welfare to Work Transition

Celeste Watkins

Most of the literature on the welfare-to-work transition argues that maintaining, rather than finding, employment is the highest hurdle. This article investigates how welfare-reliant mothers recover from unsuccessful experiences in the labor market. It finds that respondents develop employment strategies that include finding work with "family friendly" institutionalized benefits, improving their problem-solving skills, and marshaling resources to improve their capacity to handle work and family. Negotiating the conflicts between work and single motherhood with limited resources remains a formidable task, but the respondents develop strategies over time to better manage family and work simultaneously.

 

No Equal Justice: How the Criminal Justice System Uses Inequality

David Cole

This article is an adaptation from David Cole's No Equal Justice: Race and Class in the American Criminal Justice System (1999). It maintains that the criminal justice system not only fails to live up to its promise of equality before the law, but affirmatively, depends upon the exploitation of inequality. Virtually all criminal justice decisions present a trade-off between protecting people from crime on the one hand, and protecting society from abuses by the state on the other. The tension is inescapable. While declining to extend those rights equally to all, society has mediated this tension in a particularly illegitimate way. The article further maintains that this reliance on double standards is not only morally wrong, but counterproductive as well. The double standards also contribute to the racial divide in America on issues within and beyond criminal justice.

 

The Relationship between Race and Mental Health Treatment

Sharon Parsons, William Payne, Ron Vogel and Damien Ejigiri

Using data from the Louisiana Office of Mental Health, this article examines racial disparities in mental health treatment and the influence of the race of the psychiatrist on diagnosis. While they find an association between race of the patient and the diagnosis, the authors maintain that the race of the psychiatrist was relatively unimportant to diagnostic decisions. Additionally, the results indicate that the race of the client was related to the distribution of services. After controlling for diagnosis, white clients received more services than comparable black clients did.

 

Essay:

Police Brutality as a Major Everyday Threat: Notes from an Angry Young Professor

Judson L. Jeffries

This essay discusses the issue of police brutality, while focusing on the beating and sodomization of Abner Louima, and the murder of Amadou Diallo and the professional football player, Demetrius DuBose. This essay argues, contrary to popular belief, that what happened to Louima, Diallo and DuBose were not isolated incidents but rather three examples of a line of black men who faced the prospect of police brutality on an everyday basis. The author uses Bobby E. Wright’s framework to explain why police officers treat blacks unjustly. Finally, he proposes steps blacks can take to mitigate the problem.

 

Speeches:

Segueing Toward 70: The Rewards and Regrets of a Race-Related Life

Derrick Bell

This reflective speech examines the underlying causes of racial inequality in the United States from the perspective of an eminent law professor. Going beyond the standard affirmative action debate, the author looks at the foundations of American society and questions its ability to succeed with programs aimed at improving race relations, without having substantive nationwide introspection.

 

 

 

Copyright © 2006 by the President and Fellows of Harvard College