The Law and Social Change Essays

1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

In 1920, Oscar Micheaux directed the silent film Within Our Gates which conducts an in-depth examination of race relations and discrimination within the United States. One of the outcomes of the film is a blatant failure of justice resulting in the lynching of an African American couple, The Landrys. Seemingly, time has not altered the inherent absence of justice concerning the treatment of Black men and women in situations where criminal activity is suspected, legitimately or otherwise. Evidence is found with the killings of Eric Garner, Michael Brown, Tamir Rice, and many other Black victims who died at the hands of police who are tasked with upholding justice and fail to do so. However, what was the popular sentiment toward failure within the legal system between 1920 and 2015? While not representative of this entire time span, in 1962, Robert Mulligan’s film To Kill a Mockingbird focuses on race relations and an African American male wrongly accused of rape who is ultimately killed in a suspicious police shooting. Within Our Gates and To Kill a Mockingbird each offer a presentation of a gross miscarriage of justice that is obvious to the omniscient viewer, but the reaction the films garner from the audience varies from outrage to resignation due to the implementation (or lack thereof) of a visual stimuli, telling of the time period in which the films were produced.

The theme of this paper is, the discrimination in courtrooms. The reason for this theme is because, once you listen to the 3rd stanza of this poem you can tell what it is and how the system is in operation to imprison African Americans, and it will never change. The paper will focus on these few topics, a corrupt law system, bias judges and perjury from peers. As a matter of fact, in the poem “Mystery of Iniquity” the writer Lauryn Hill examines discrimination in courtrooms to illustrate, a corrupt law system, bias judges, and perjury.

Michelle Alexander in her eye-opener novel, The New Jim Crow, makes a dauntless premise that the racial caste system that was supposedly ended in America during the Civil Rights Movement still exists today and is completely redesigned in the sense that colored men are the target of an intentional “War on Drugs.” Alexander claims that the criminal justice system is used as a mean to racially control millions of colored people and the same system is used to demote them to a second-class citizen status. Alexander employs a great deal of rhetoric in her novel to appeal to the reader’s emotions and values, so that she is able to alter the ethos of the readers and ultimately reveal the blindness present in the United States Justice System. Alexander

This assignment involves a case study where Ralph, a fourteen year old boy, is currently in foster care because his mother; Kerry, felt she was unable to control him due to his behaviour. However, Kerry has now expressed that she is unhappy with this foster placement and has requested that her son be returned to live with her and his two younger brothers. The scenario becomes more complex owing to the fact that Ralph has disclosed that his mother had regularly hit him with a walking stick. In this essay I will seek to consider the main practice issues raised by the scenario of the case study. Using the materials provided within the course along with my own professional experience, I will outline relevant legislation

Law and Order’s portrayal of the justice system further validated my preexisting notions of the flaws of the justice system, and also led me to an interesting realization; the episode seems to imply that the justice system’s spiteful, irrational response to violent crimes is, above all else, an indictment on society. Following the execution, District Attorney Adam Schiff is asked why he changed his stance on capital punishment. His response is clear: it wasn’t he who changed his mind; instead, “the people changed theirs” (“Aftershock”). The criminal justice system didn’t shape itself into the flawed institution that it has become; conversely, it was the general population’s insecurity and vengeance that really gave birth to this system. But why? As

In the book The New Jim Crow: “Mass Incarceration in the Age of Colorblindness” is written by Michelle Alexander talks about issues the racial caste and mass incarceration in the United States. Michelle Alexander argues that even Jim crow is over, but there’s still injustices in people of color communities. In her book “The New Jim Crow”, Alexander describes many social problems make African American people controlled by institutions. The author compares Jim Crow with mass incarceration is a form of controlling black Americans as Jim Crow law. Through Michelle Alexander's book, we can understand her argument that mass incarceration is a new form of legal discrimination just like Jim Crow law. The criminal justice system is biased toward the powers of privileges. Mass incarceration in America is “the new Jim Crow”, a new form of social control because the racial caste system segregates people away from mainstream society.

The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer.

Law Reform in Australia is effective in varying degrees. Through Native Title Reform and Law Reform in Sport, the effectiveness of Law Reform in Australia is further outlined.

As Elie Wiesel once stated, “I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented” (“Elie Wiesel Quote”). Michelle Alexander’s book The New Jim Crow, which discusses criminal justice and its role in mass incarceration, promotes a similar idea regarding silence when America’s racial caste system needs to be ended; however, Alexander promotes times when silence would actually be better for “the tormented.” The role of silence and lack of silence in the criminal justice system both contribute to wrongly accused individuals and growing populations behind bars.

In his book The Hollow Hope, Gerald Rosenberg’s thesis concerning law and social change is that the courts are ineffective in creating significant social reforms. His main claim is that the courts are too weak to overcome their lack of constitutional rights, their apprehension to make unpopular rulings, and their lack of judicial enforcement powers (Rosenberg). In his view, Rosenberg assesses that under the right legal and social conditions these constraints can be overcome, but ultimately he concludes that the courts can only bring about the illusion of change, stating that, “U.S. courts can almost never be effective producers of significant social reform. At best, they can second the social reform acts of the other branches of government” (Rosenberg 422). Regarding same sex marriage, Rosenberg’s assessment is that while proponents of same sex marriage had the necessary elements to produce social reform, they turned to the courts too early and as a result, the litigation campaign resulted in “one step forward, two steps back” (Rosenberg 368).

Mass incarceration has been a huge social problem since the 1980s; it came hand in hand with the war on drugs. Elliott Currie, a professor of criminology and law, suggests that building more prisons, imposing longer sentences, and applying harsh punishments will not lower the incarceration rate. In his chapter on “Assessing the Prison Experiment,” he explained that the increase of crime rate is not the sole reason that mass incarceration occurs, and it was also because courts

The New Jim Crow is a book that discusses how legal practices and the American justice system are harming the African American community as a whole, and it argues that racism, though hidden, is still alive and well in our society because of these practices. In the book, Michelle Alexander, author and legal scholar, argues that legal policies against offenders have kept and continue to keep black men from becoming first class citizens, and she writes that by labeling them as “criminals,” the justice system and society in general is able to act with prejudice against them and subordinate black Americans who were previously incarcerated, on probation, or on parole, by limiting their access to services as a result of their ‘criminal status’ and therefore, further degrading their quality of life. The New Jim Crow urges readers to acknowledge the injustice and racial disparity of our criminal justice system so that this new, more covert form of racism in society can be stopped.

To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,

Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.