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Journal articles on the topic 'Ethnicity and law'

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Published: 10 December 2022
Last updated: 28 January 2023

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1

Tarbastaeva, I. S. "Law and Ethnicity: Research Approaches." Siberian Journal of Philosophy 16, no. 2 (2018): 108–17. http://dx.doi.org/10.25205/2541-7517-2018-16-2-108-117.

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2

Dobe, Kuljeet S., and Sukhwinder S. Chhokar. "Muslims, Ethnicity and the Law." International Journal of Discrimination and the Law 4, no. 4 (December 2000): 369–86. http://dx.doi.org/10.1177/135822910000400404.

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3

Keller, Perry. "Justice and Ethnicity." Modern Law Review 59, no. 6 (November 1996): 903–18. http://dx.doi.org/10.1111/j.1468-2230.1996.tb02702.x.

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4

Rappaport, Joanne. "History, Law and Ethnicity in Andean Columbia." Latin American Anthropology Review 2, no. 1 (March 1990): 13–19. http://dx.doi.org/10.1525/jlat.1990.2.1.13.

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5

Rappaport, Joanne. "History, Law and Ethnicity in Andean Columbia." Latin American Anthropology Review 2, no. 1 (May 8, 2008): 13–19. http://dx.doi.org/10.1525/jlca.1990.2.1.13.

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6

Hans, Valerie P., and Ramiro Martinez. "Intersections of race, ethnicity, and the law." Law and Human Behavior 18, no. 3 (1994): 211–21. http://dx.doi.org/10.1007/bf01499585.

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7

Marger, Martin N., and Sebastian Poulter. "Ethnicity, Law and Human Rights: The English Experience." International Migration Review 34, no. 2 (2000): 579. http://dx.doi.org/10.2307/2675927.

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8

Oldenquist, Andrew. "Ethnicity and Sovereignty." Studies in East European Thought 54, no. 4 (December 2002): 271–84. http://dx.doi.org/10.1023/a:1019756828895.

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9

Edwards, Barry Clayton. "Race, Ethnicity, and Alphabetically Ordered Ballots." Election Law Journal: Rules, Politics, and Policy 13, no. 3 (September 2014): 394–404. http://dx.doi.org/10.1089/elj.2013.0226.

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10

Unnever, James D. "Ethnicity and Crime in the Netherlands." International Criminal Justice Review 29, no. 2 (April 12, 2018): 187–204. http://dx.doi.org/10.1177/1057567717752218.

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The research on the relationship between immigration and crime is central to the debate on immigration policies throughout Europe. This article reviews the research on whether immigrants in the Netherlands are more likely to engage in crime with a specific focus on whether Moroccans have a greater propensity to offend than the native Dutch. It is concluded that deficiencies in the research including the potential effects of bias against immigrant groups render the assessment of whether immigrants commit more crime than the native Dutch problematic.
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11

Abbink, Jon. "Ethnicity and constitutionalism in contemporary Ethiopia." Journal of African Law 41, no. 2 (1997): 159–74. http://dx.doi.org/10.1017/s0021855300009372.

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The phenomenon of ethnicity is being declared by many to be the cause of all the problems of Africa, especially those of violent conflict. Some salient examples are Rwanda, Burundi and Kenya. While in many cases ethnicity and ethnic-based antagonisms have indeed been a factor in conflicts and have often been suppressed within the structures of the post-colonial states (with their seemingly sacrosanct boundaries), the political relevance of the phenomenon has varied widely. In the political system and the laws of an African country, however, ethnicity seldom received official recognition.
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12

SHAHABUDDIN, MOHAMMAD. "‘Ethnicity’ in the International Law of Minority Protection: The Post-Cold War Context in Perspective." Leiden Journal of International Law 25, no. 4 (November 1, 2012): 885–907. http://dx.doi.org/10.1017/s0922156512000490.

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AbstractAs a concept, ‘ethnicity’ has been informing the notions of the ‘self’ as well as the ‘other’ since antiquity. While in ancient Greek it referred to the ‘other’ in a derogatory sense, in the Romantic literature of the nineteenth century, ethnicity came to depict the self-image of the nation. Although, in contrast, the liberal self-image refers to ethnicity only in the instrumental sense (as a tool for regulation without attributing any real value to the notion), ethnicity remains salient in both the liberal and conservative versions of nationalism to identify the backward ‘other’ – the minority – within the nation. Against the backdrop of the nineteenth-century discourse on ethnicity, this paper explores how the notion of ethnicity having the image of ‘otherness’ as well as ‘backwardness’ shapes the liberal perception of ‘minority’ and ‘minority protection’ in the post-Cold War context in three different ways. First, I argue that ethnicity informs the perception of the minority as the ethnic ‘other’. Second, the individualist response to minority protection paradoxically endeavours to remove ‘ethnicity’ from the concept of ‘minority’. And finally, in the post-Cold War European scenario, it is again the ethnic ‘otherness’ that rationalizes a differentiated minority protection mechanism for the West and the East within Europe.
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13

HOFNUNG, MENACHEM. "Ethnicity, Religion and Politics in Applying Israel's Conscription Law." Law & Policy 17, no. 3 (July 1995): 311–40. http://dx.doi.org/10.1111/j.1467-9930.1995.tb00152.x.

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14

Herzog, Ben. "Presenting Ethnicity: Israeli Citizenship Discourse." Contemporary Review of the Middle East 6, no. 3-4 (September 2019): 383–94. http://dx.doi.org/10.1177/2347798919872840.

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In 1950, Israel enacted the Law of Return and 2 years afterwards passed its Citizenship Law. These measures reflected the Zionist goal of encouraging Jewish immigration to Israel/Palestine, so citizenship was mostly limited to Jews. In other words, an ascriptive/ethnic classification was at the foundation of Israeli citizenship. This article explores the construction of the citizenship laws in relation to various forms of categorization—biological descent, cultural belonging, racial classifications, and voluntary affiliation. It asks how the Israeli citizenship policy was presented and which mechanisms were employed in order to justify the incorporation of all Jews, including those from Arab countries, while attempting to exclude non-Jews. After analyzing official state policies and parliamentary debates in Israel regarding the citizenship laws, I present the mechanisms employed to present the ethnic immigration policy. Those mechanisms include emphasizing the positive and democratic sides of allowing Jewish immigration; repeatedly avoiding the usage of racial terminology; highlighting the willingness to incorporate non-Jewish residents; and employing security justifications when prohibiting non-Jewish immigration. Being the Jewish State, Israel wanted to favor Jews in its immigration and naturalization policies. However, being also committed to democratic values and principles, it desired to disassociate itself from racial attitudes.
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15

Tomaszewski, E. Andreas. "Book Review: Poverty, Ethnicity, and Violent Crime." Criminal Justice Review 23, no. 2 (September 1998): 233–34. http://dx.doi.org/10.1177/073401689802300207.

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16

Power, Colm. "Irish Travellers: Ethnicity, Racism Andpre-Sentence Reports." Probation Journal 50, no. 3 (September 2003): 252–66. http://dx.doi.org/10.1177/0264550503503012.

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17

Bonner, Heidi S., Frank A. Rodriguez, and Jon R. Sorensen. "Race, ethnicity, and prison disciplinary misconduct." Journal of Ethnicity in Criminal Justice 15, no. 1 (November 21, 2016): 36–51. http://dx.doi.org/10.1080/15377938.2016.1261058.

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18

Osipov, Alexander. "Non-territorial Autonomy and International Law." International Community Law Review 13, no. 4 (2011): 393–411. http://dx.doi.org/10.1163/187197311x602248.

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AbstractThe author seeks to analyze in what ways international law can justify or limit ethnicity-based non-territorial autonomy (NTA). NTA serves as a category of practice lacking a uniform understanding. NTA has gained two basic interpretations: as a collective entitlement to promote ethnicity, language and culture and as the idea of granting self-governing organisations certain public functions and resources. Some ‘soft law’ provisions explicitly employ the notion of non-territorial autonomy or self-administration; they are declaratory and far from being instrumentalised. Concurrently, there are more concrete and instrumental provisions as well as case-law which fit into the second understanding of NTA; but these approaches more restrictive than of the first cluster. This gap can be explained in terms of differences between symbolic and instrumental policies, through taking into account the ideological function of international law, or the function of generating non-controversial macro-narratives.
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19

Wu, Jawjeong, and Miriam A. DeLone. "Revisiting the Normal Crime and Liberation Hypotheses." Criminal Justice Review 37, no. 2 (February 13, 2012): 214–38. http://dx.doi.org/10.1177/0734016811436336.

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The established sentencing scholarship focusing on race/ethnicity and sentencing disparity indicates that the effect of race/ethnicity on sentencing severity varies across offense types. However, it is not clear whether this argument holds true when race/ethnicity is replaced with offender citizenship status as the primary variable of interest. In light of the research gap, this study extends beyond the existing literature exclusively on race/ethnicity by investigating the nexus between citizenship status, offense types, and sentencing outcomes through the normal crime hypothesis and the liberation hypothesis. Using the Monitoring of Federal Criminal Sentences data that include information on all offenders sentenced in 17 federal district courts for fiscal years 2006–2008, the present study assesses the independent and interactive effects of citizenship status and offense types on the judicial sentence length decision. Findings reveal that although models fail to support the normal crime hypothesis, there is robust support for the liberation hypothesis.
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20

Grund, Thomas U., and James A. Densley. "Ethnic heterogeneity in the activity and structure of a Black street gang." European Journal of Criminology 9, no. 4 (July 2012): 388–406. http://dx.doi.org/10.1177/1477370812447738.

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Despite acknowledgment of ‘hybrid’ street gangs in the literature, there is little systematic research into ethnic heterogeneity within gangs. This research aims at moving beyond the broad categorization of the Black street gang. For this purpose, we examine an all-Black London-based gang in detail, using fieldwork and police arrest data, and investigate the role of ethnic heterogeneity for the workings of the gang. Our findings suggest that ethnic heterogeneity within this gang is crucial for its criminal operation. Although there is no evidence for ethnicity-related specialization of crime, the structural co-offending pattern of the gang’s activities is dominated by ethnicity. Ethnicity matters for who offends with whom.
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21

Lee, Jacqueline G., and Rebecca L. Richardson. "Race, Ethnicity, and Trial Avoidance: A Multilevel Analysis." Criminal Justice Policy Review 31, no. 3 (November 25, 2018): 422–51. http://dx.doi.org/10.1177/0887403418812998.

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Minority criminal defendants are more likely than White defendants to exercise their right to trial, which is concerning given that research also consistently finds trial sentences to be harsher than those obtained via pleas. However, guilty pleas are not the only disposition available for avoiding a trial; pretrial diversions and case dismissals also serve as mechanisms for trial avoidance. Using hierarchical linear modeling, we find that Black criminal defendants are more likely than Whites to go to trial rather than receive other case disposition. Relationships for Hispanic defendants are less consistent. Fewer county-level effects emerge than expected, providing little to no support for racial threat theory. Results suggest that Black defendants are less often able or willing to avoid a trial, a finding which highlights and perhaps helps to explain racial disparities in final sentencing outcomes.
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22

Power, Colm. "Irish Travellers: Ethnicity, Racism and Pre-Sentence Reports." Probation Journal 50, no. 3 (September 1, 2003): 252–66. http://dx.doi.org/10.1177/02645505030503006.

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23

Allen, Liz. "Promoting Representation Through Data: The Case For More Comprehensive Ethnicity Data In Australia." Law in Context. A Socio-legal Journal 37, no. 2 (August 29, 2021): 54–61. http://dx.doi.org/10.26826/law-in-context.v37i2.144.

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What if data used to inform knowledge is incomplete or false, leading to misunderstandings about the social world? In Australia, what is known about ethnic diversity is based on an outdated definition and inadequate measure of multiculturalism. This article explores how gaps in data can lead to and further entrench disempowerment. Using a sociodemographic approach, this paper examines the ways in which data can create and maintain poor representation; via collection, analysis and infrastructure. This paper demonstrates that what is counted matters for equality, and lays out what is necessary to help promote ethnic diversity through data collection.
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24

Georges-Abeyie, Daniel E. "Defining Race, Ethnicity, and Social Distance: Their Impact on Crime, Criminal Victimization, and the Criminal Justice Processing of Minorities." Journal of Contemporary Criminal Justice 8, no. 2 (May 1992): 100–113. http://dx.doi.org/10.1177/104398629200800204.

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This paper examines the social, cultural, and biological realities of the popular as well as scientific use of the terms race and ethnicity then examines the significance of “social distance” in the criminal justice context which frequently involves Negroids, Hispanics, and other nonwhite minorities. It provides an analysis of the possible impact of them is application of the concepts race and ethnicity, and thus, social distance, upon the crime commission, criminal victimization, and criminal justice processing of “Blacks” and other nonwhite ethnic and racial minorities. It concludes with seven pertinent research questions that could be explored which would further the understanding of the role race, ethnicity, and social distance play in the perpetration of crimes by minorities as well as the criminal victimization and criminal justice processing of minorities.
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25

Chérif, Mohamed, and André Normandeau. "Police, Race and Ethnicity: A Guide for Law Enforcement Officers." Canadian Journal of Criminology 30, no. 3 (July 1988): 305–6. http://dx.doi.org/10.3138/cjcrim.30.3.305.

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26

Ward, James D. "Race, Ethnicity, and Law Enforcement Profiling: Implications for Public Policy." Public Administration Review 62, no. 6 (November 2002): 726–35. http://dx.doi.org/10.1111/1540-6210.00254.

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27

Marger, Martin N. "Book Review: Ethnicity, Law and Human Rights: The English Experience." International Migration Review 34, no. 2 (June 2000): 579–80. http://dx.doi.org/10.1177/019791830003400222.

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28

Assies, Willem. "Multi-Ethnicity, The State and The Law in Latin America." Journal of Legal Pluralism and Unofficial Law 31, no. 43 (January 1999): 145–58. http://dx.doi.org/10.1080/07329113.1999.10756532.

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29

Taylor, Lynne, Erik Brogt, Ursula Cheer, Natalie Baird, John Caldwell, and Debra Wilson. "Ethnicity and engagement in first-year New Zealand law programmes." Higher Education Research & Development 36, no. 5 (December 14, 2016): 1047–60. http://dx.doi.org/10.1080/07294360.2016.1263935.

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30

Varady, Tibor. "Minorities, Majorities, Law, and Ethnicity: Reflections of the Yugoslav Case." Human Rights Quarterly 19, no. 1 (1997): 9–54. http://dx.doi.org/10.1353/hrq.1997.0009.

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31

Watters, Charles. "Ethnicity, Migration and Identities." International Journal of Migration, Health and Social Care 4, no. 2 (October 1, 2008): 3. http://dx.doi.org/10.1108/17479894200800007.

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32

Crow, Matthew S. "The Complexities of Prior Record, Race, Ethnicity, and Policy." Criminal Justice Review 33, no. 4 (October 13, 2008): 502–23. http://dx.doi.org/10.1177/0734016808320709.

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33

Joseph, Janice. "Drug Offenses, Gender, Ethnicity, and Nationality." Prison Journal 86, no. 1 (March 2006): 140–57. http://dx.doi.org/10.1177/0032885505283926.

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34

Petersen, Nick. "Cumulative Racial and Ethnic Inequalities in Potentially Capital Cases." Criminal Justice Review 45, no. 2 (August 21, 2017): 225–49. http://dx.doi.org/10.1177/0734016817721291.

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To understand how racial/ethnic disparities are formed and sustained within death penalty institutions, this study tracks homicide cases through multiple stages of Los Angeles County’s criminal justice system. Drawing upon cumulative disadvantage research, this study focuses on the accumulation of racial/ethnic biases across multiple decision-making points. Logistic regressions seek to answer the following questions: (1) does victim/defendant race/ethnicity influence prosecutorial decision-making? and (2) if so, do these racial/ethnic disparities accumulate across multiple stages of the criminal justice system? Results indicate that cases with minority victims are less likely to involve a death-eligible charge or death notice. Moreover, these racial/ethnic disparities increase as cases advance through the courts, producing a Whiter pool of victims at later stages in the process. Defendant race/ethnicity is not predictive of death penalty charging decisions but does moderate the influence of victim race/ethnicity such that cases with minority defendants and White victims are treated more punitively.
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35

Joseph, Janice. "(1997-2003) Ethnicity/Minorities, Crime, and Criminal Justice." Journal of Ethnicity in Criminal Justice 1, no. 3-4 (December 22, 2003): 129–38. http://dx.doi.org/10.1300/j222v01n03_08.

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36

Brown, Joe M., and Jon R. Sorensen. "Race, Ethnicity, Gender, and Waiver to Adult Court." Journal of Ethnicity in Criminal Justice 11, no. 3 (July 2013): 181–95. http://dx.doi.org/10.1080/15377938.2012.756846.

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37

Bosworth, Mary, Ben Bowling, and Maggy Lee. "Globalization, ethnicity and racism." Theoretical Criminology 12, no. 3 (August 2008): 263–73. http://dx.doi.org/10.1177/1362480608093307.

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38

Jetelina, Katelyn K., Stephen A. Bishopp, Jared G. Wiegand, and Jennifer M. Reingle Gonzalez. "Race/ethnicity composition of police officers in officer-involved shootings." Policing: An International Journal 43, no. 2 (January 3, 2020): 263–70. http://dx.doi.org/10.1108/pijpsm-10-2019-0166.

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Purpose The purpose of this paper is to evaluate officer and civilian race/ethnicity disparities during ten years of officer-involved shootings (OIS). Design/methodology/approach Internal affairs, personnel and geospatial data were triangulated for 253 OIS at the Dallas Police Department from 2005 to 2015. Multinomial regression models were used to evaluate the relationship between civilian and officer race/ethnicity in OIS, controlling for officer, situational and neighborhood factors. Findings In total, 48 percent of unique OIS involved a non-Hispanic black civilian and most OIS occurred in Hispanic majority neighborhoods (48 percent). Officer age and number of shooters on scene were the only variables significantly associated with officer race/ethnicity. Most notably, officer race/ethnicity was not associated with the race/ethnicity of the civilian during OIS incidents. Originality/value There is limited scientific evidence on whether officers of certain races/ethnicities are disproportionately likely to engage in OIS with civilians of a particular race/ethnicity due to the relative rarity of such events.
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39

Johnson, Sheri Lynn. "The Influence of Latino Ethnicity on the Imposition of the Death Penalty." Annual Review of Law and Social Science 16, no. 1 (October 13, 2020): 421–31. http://dx.doi.org/10.1146/annurev-lawsocsci-042220-111211.

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With respect to African Americans, the history of racial discrimination in the imposition of the death penalty is well-known, and the persistence of racial disparities in the modern era of capital punishment is well-documented. In contrast, the influence of Latino ethnicity on the imposition of the death penalty has been studied very little. A review of the limited literature reveals evidence of discrimination against Latinos. Archival studies generally find ethnicity-of-victim discrimination, and some of those studies find ethnicity-of-defendant discrimination disadvantaging Latino defendants; these findings parallel the findings of the much more robust literature investigating bias against African American defendants and victims. The controlled experimental studies generally show both ethnicity-of-defendant and ethnicity-of-victim discrimination disadvantaging Latinos. Related literature investigating stereotypes, animosity, and discrimination in other criminal justice decisions further suggests the likelihood of ethnicity discrimination in the imposition of capital punishment, as well as the need for further research.
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40

Thiessen, Matthew. "Paul, Essentialism, and the Jewish Law: In Conversation with Christine Hayes." Journal for the Study of Paul and His Letters 7, no. 1-2 (July 1, 2017): 80–85. http://dx.doi.org/10.5325/jstudpaullett.7.1-2.0080.

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ABSTRACT Although Christine Hayes’s work shows that legal essentialism and legal nominalism are helpful categories for situating the Apostle Paul, it is vital to distinguish between the way that Paul himself viewed ethnicity (he was an ethnic essentialist) and the way that scholars today describe Paul’s handling of ethnicity (he was in practice an ethnic constructivist). In this connection, the invisible quality of Christ’s pneuma is highly significant, as it makes pneumatic descent rather difficult to prove and hence opened up Paul to the charge of ethnic instrumentalism. Although he really seems to have believed that Israel’s God had forged a new path to Abrahamic descent via Christ’s pneuma, Paul quite predictably had a hard time convincing most of his contemporaries.
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41

Simba, Malik. "Gong Lum v. Rice: The Convergence of Law, Race and Ethnicity." Explorations in Ethnic Studies 15, no. 2 (July 1, 1992): 1–13. http://dx.doi.org/10.1525/ees.1992.15.2.1.

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42

Romaniello, Matthew. "Ethnicity as Social Rank: Governance, Law, and Empire in Muscovite Russia." Nationalities Papers 34, no. 4 (September 2006): 447–69. http://dx.doi.org/10.1080/00905990600842049.

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Most European early-modern states transitioned from composite monarchies into centralized ones. Essentially, composite monarchies were “more than one country under the sovereignty of one ruler.” As Moscow expanded and acquired the surrounding principalities either by inheritance or force, its grand princes enacted a series of legal and administrative reforms to dissolve the differences among its territories and create a centralized monarchy. These political reforms began under Ivan III, who instituted a standardization of Muscovite legal practice and formalized a defined system of social precedence,mestnichestvo, which accorded high rank to his newly acquired provincial elites within the Muscovite social system. Change could not happen overnight, and further legal reforms by Ivan IV, in addition to new religious reforms to eradicate differences of practice among his subjects, centralized the Grand Prince's political and religious authority.
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43

López, Ian F. Haney, and Ian F. Haney Lopez. "Race, Ethnicity, Erasure: The Salience of Race to LatCrit Theory." California Law Review 85, no. 5 (October 1997): 1143. http://dx.doi.org/10.2307/3481058.

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44

Rosenberger, Jared S. "Book Review: Lizzie Borden on trial: Murder, ethnicity, and gender." Criminal Justice Review 41, no. 4 (July 27, 2016): 515–17. http://dx.doi.org/10.1177/0734016816630587.

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45

Peck, Jennifer H. "Contemporary issues of race/ethnicity, offending behavior, and justice responses." Journal of Crime and Justice 39, no. 1 (January 2, 2016): 1–8. http://dx.doi.org/10.1080/0735648x.2015.1136381.

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46

KAUTT, PAULA M. "Ethnicity and the British Crime Survey: Issues, Obstacles and Solutions." Howard Journal of Criminal Justice 50, no. 3 (March 2, 2011): 275–88. http://dx.doi.org/10.1111/j.1468-2311.2011.00657.x.

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47

Ghai, Y., and J. Cottrell. "A tale of three constitutions: Ethnicity and politics in Fiji." International Journal of Constitutional Law 5, no. 4 (September 28, 2007): 639–69. http://dx.doi.org/10.1093/icon/mom030.

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48

Lalander, Philip. "The Role of Ethnicity in a Local Drug Dealer Network." Journal of Scandinavian Studies in Criminology and Crime Prevention 9, no. 1 (June 2008): 65–84. http://dx.doi.org/10.1080/14043850802012771.

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49

Briggs, Steven, and Tara Opsal. "The influence of victim ethnicity on arrest in violent crimes." Criminal Justice Studies 25, no. 2 (June 1, 2012): 177–89. http://dx.doi.org/10.1080/1478601x.2012.699735.

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50

Leiva, Adrian, and David A. Bright. "“The usual suspects”: media representation of ethnicity in organised crime." Trends in Organized Crime 18, no. 4 (October 9, 2015): 311–25. http://dx.doi.org/10.1007/s12117-015-9251-2.

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