Genotyping the future: scientists' expectations about race/ ethnicity after BiDil

The ongoing debate about the FDA approval of BiDil in 2005 demonstrates how the first racially/ethnically licensed drug is entangled in both Utopian and dystopian future visions about the continued saliency of race/ethnicity in science and medicine. Drawing on the sociology of expectations, this paper analyzes how scientists in the field of pharmacogenetics are constructing certain visions of the future with respect to the use of social categories of race/ethnicity and the impact of high-throughput genotyping technologies that promise to transform scientific practices.     

Guidelines for Collecting and Recording the Race and Ethnicity of Juveniles in Conjunction with Juvenile Delinquency Disposition Reporting to the Juvenile Court Judges' Commission

One of the most compelling reasons for accurate racial coding of juveniles involved in the juvenile justice system is to ensure that all youth are treated fairly, regardless of race or ethnicity. Pennsylvania juvenile courts and probation departments now have instructions and guidelines for collecting and recording race and ethnicity in compliance with Federal standards. These guidelines can be easily adopted by other states and jurisdictions.     

RACIAL AND ETHNIC DISPARITIES IN SENTENCING DEPARTURES ACROSS MODES OF CONVICTION*

Recent analyses of guideline sentencing practices have demonstrated that sentences departing from guidelines serve as a significant locus of racial/ethnic and other extralegal disparity. Little is known, however, about the ways that different courtroom processes, such as modes of conviction, condition these effects. Using recent data from the Pennsylvania Commission on Sentencing (PCS), I analyze the overall effects of race/ethnicity and other factors on judicial decisions to depart from the sentencing guidelines, and then I reexamine these relationships according to four modes of conviction (non‐negotiated pleas, negotiated pleas, bench trials, and jury trials). I argue that the mode of conviction provides a useful indicator of the differential exercise of discretion by different courtroom actors in the sentencing process. As such, it is likely to condition the use of stereotypical patterned responses, thus moderating the effects of race/ethnicity and other relevant sentencing factors. Findings support this expectation, demonstrating that extralegal effects vary considerably across modes of conviction. These results raise important questions about the role of different courtroom actors in contributing to racial and ethnic disparities under sentencing guidelines.     

The Joint Effects of Gender and Race/Ethnicity on Sentencing Outcomes in Federal Courts

Using data from the U.S. Sentencing Commission, the present study examines the interaction effects of gender and race/ethnicity on sentencing outcomes of male and female offenders in federal courts. Findings indicate that female offenders in all racial/ethnic categories receive less severe sentence outcomes than male offenders in the same categories, even after legal, extralegal, and contextual factors are controlled. In addition, racial/ethnic differences are found within gender groups, such that Hispanic males are more likely to be incarcerated and Black males receive longer sentence terms compared to White male offenders. However, contrary to expectations, the analysis indicates that White females are more likely to be incarcerated than Black and Hispanic females and receive longer sentence terms than Hispanic females. Gender and racial/ethnic interactions are also explored across offense type (drug vs. non-drug) and type of sentencing departure (no departure, downward, or substantial assistance). Implications for future research are also discussed.     

Racial and Ethnic Categories in Biomedical Research: There is no Baby in the Bathwater

The use of racial categories in biomedicine has had a long history in the United States. However, social hierarchy and discrimination, justified by purported scientific differences, has also plagued the history of racial categories. Because "race" has some correlation with biological and genetic characteristics, there has been a call not to "throw the baby out with the bathwater" by eliminating race as a research or clinical category. I argue that race is too undefined and fluid to be useful as a proxy for biology or genetics.     

RISK,RACE, AND RECIDIVISM: PREDICTIVE BIAS AND DISPARATE IMPACT*

One way to unwind mass incarceration without compromising public safety is to use risk assessment instruments in sentencing and corrections. Although these instruments figure prominently in current reforms, critics argue that benefits in crime control will be offset by an adverse effect on racial minorities. Based on a sample of 34,794 federal offenders, we examine the relationships among race, risk assessment [the Post Conviction Risk Assessment (PCRA)], and future arrest. First, application of well‐established principles of psychological science revealed little evidence of test bias for the PCRA—the instrument strongly predicts arrest for both Black and White offenders, and a given score has essentially the same meaning—that is, the same probability of recidivism—across groups. Second, Black offenders obtain higher average PCRA scores than do White offenders (d = .34; 13.5 percent nonoverlap in groups’ scores), so some applications could create disparate impact. Third, most (66 percent) of the racial difference in PCRA scores is attributable to criminal history—which is already embedded in sentencing guidelines. Finally, criminal history is not a proxy for race, but instead it mediates the relationship between race and future arrest. Data are more helpful than rhetoric if the goal is to improve practice at this opportune moment in history.     

The masking of racial and ethnic disparity in police use of physical force: The effects of gender and custody status

The purpose of the present study was to examine racial and ethnic disparity in police use of physical force. Data from the Phoenix, Arizona Use-of-Force Project was used to assess disparity between White, Black, and Hispanic citizens. Racial and ethnic disparity in police use of physical force was found only for male citizens not in custody. The findings suggest that assessments of racial and ethnic disparity need to be situationally orientated in the theoretical meaning that race and ethnicity play in modern American society. Simple overall tests of disparity may not be adequate to understand and address the complex effects of race and ethnicity in the criminal justice system; thus, these disparities may lead to situations that further exacerbate already strained minority-majority relations in America.     

Race, Money and Medicines

Taking notice of race is both risky and inevitable, in medicine no less than in other endeavors. On the one hand, race can be a useful stand-in for unstudied genetic and environmental factors that yield differences in disease expression and therapeutic response. Attention to race can make a therapeutic difference, to the point of saving lives. On the other hand, racial distinctions have social meanings that are often pejorative or worse, especially when these distinctions are cast as culturally or biologically fixed. I argue in this essay that we should start with a presumption against racial categories in medicine, but permit their use when it might prolong lives or meaningfully improve health. Use of racial categories should be understood as an interim step; follow-up inquiry into the factors that underlie race-correlated clinical differences is important both to improve the efficacy of clinical care and to prevent race in itself from being misunderstood as a biological determinant. If we pursue such inquiry with vigor, the pernicious effects of racial categories on public understanding can be managed. But perverse market and regulatory incentives create the danger that use of race will be "locked-in," once drugs or other therapies are approved. These incentives should be revisited.     

Mothers, Extraordinary Labor, and Amacasual: Law and Politics of Nonstandard Employment in the South African Retail Sector

This article examines changing social meaning embodying legal categories of nonstandard employment within South African retailing between the 1950s and the postapartheid period. Using archival and interview material, the article shows how trade unions constructed part-time and casual employment through gendered, class, and racial meanings to produce two very different legal categories. Black workers' rights claims in the 1980s developed within these changing socio-legal parameters. The image of the full-time permanent worker became political agent, and in the postapartheid period, increasing numbers of casual workers became marginalized from the union. The relationship between rights and regulation gives us a more complex way of understanding worker politics.     

Discourse of decency: white nationalists,white antiracists,and the criminality of color

Contemporary research on white racial attitudes on race and crime reflect a grouping of opinions on a traditional liberal-conservative scale. These two groupings reflect what sociologists and political scientists call ‘issue constraint’ or a ‘clustering’ of ideas into a specific ideological worldview. Many now argue this gulf is growing; a white ‘culture war’ that many interpret as evidence of the increasing fracturing and political bifurcation of white racial identities over ‘hot button’ topics like race and crime. While a substantial literature on race and crime finds white racial attitudes to vary by educational level and political orientation, we know less about shared understandings of crime and race in relation to the processes of white racial identity formation. Rather than view attitudinal statements on race and crime as accurate reflections of essential different and static white racial political positions or ideological orientations, additional scholarship can examine discourse on crime and race as constitutive of the white identities that wield them. Drawing from an ethnographic study with conservative white nationalists and liberal white antiracists, this paper addresses the following question: what is the relationship between discourse on crime and race and the ongoing process of white racial identity formation?     

Public health, racial tensions, and body politic: mass ringworm irradiation in Israel, 1949-1960

In this essay, we analyze the case study of mass ringworm irradiation conducted in Israel during its first years of existence and its consequences. We analyzed the case study of ringworm irradiation in the framework of racial construction of illness and its treatment, showing the elasticity of race and ethnicity as medical and social categories.     

When (Some) Prostitution is Legal: The Impact of Law Reform on Sex Work in Australia

In Australia, prostitution regulation has taken a very different path from many other countries. Law reform has led to the opening of some significant new spaces for legal sex work, including the (very different) regulatory regimes established in two Australian states – Queensland (brothels legal if their owners are licensed) and New South Wales (most commercial sex businesses and some street prostitution decriminalized; no licensing regime). The main research question is: how has regulation impacted on the positive rights of sex workers? I argue that law reform has engaged a mix of neo-liberal and other approaches – not to increase personal or corporate freedom but as part of a practical strategy designed to control a range of social problems, such as police corruption and organized crime. Neo-liberal regulation of prostitution in Australia has always been deployed in tandem with other modes of regulation – including new criminal law and policing strategies, planning law, health regulations, and (of course) moral regulation.     

Public Health, Racial Tensions, and Body Politic: Mass Ringworm Irradiation in Israel, 1949–1960

In this essay, we analyze the case study of mass ringworm irradiation conducted in Israel during its first years of existence and its consequences. We analyzed the case study of ringworm irradiation in the framework of racial construction of illness and its treatment, showing the elasticity of race and ethnicity as medical and social categories.     

THE ROLE OF RACE AND ETHNICITY IN PAROLE DECISIONS*

The parole board plays an integral part in the reentry of offenders into the community from prison in most states; yet, little is known about the decision‐making practices of this group. In particular, few studies have used quantitative data to examine parole among a large group of offenders, and less is known about the direct and joint effects of race and ethnicity on this decision point. We extend previous work by considering variation in parole timing among a sample of young, serious offenders incarcerated in one state. Results from a series of proportional hazard models reveal substantial variation in parole timing. Consistent with the existing theoretical research on parole, parole actors are most concerned with community protection and heavily weigh measures of the current offense, institutional behavior, and the official parole guidelines score. The direct effects of race and ethnicity were also revealed. Black offenders spent a longer time in prison awaiting parole compared with white offenders, and the racial and ethnic differences are maintained net of legal and individual demographic and community characteristics. These findings provide important insight into the parole process and augment the existing theoretical work on disparities in decision making.     

The Privatization of Public Legal Rights: How Manufacturers Construct the Meaning of Consumer Law

This article demonstrates how the content and meaning of California's consumer protection laws were shaped by automobile manufacturers, the very group these laws were designed to regulate. My analysis draws on and links two literatures that examine the relationship between law and organizations but often overlook one another: political science studies of how businesses influence public legal institutions, and neo-institutional sociology studies of how organizations shape law within their organizational field. By integrating these literatures, I develop an "institutional-political" theory that demonstrates how organizations' construction of law and compliance within an organizational field shapes the meaning of law among legislators and judges. This study examines case law and more than 35 years of California legislative history concerning its consumer warranty laws. Using institutional and political analysis, I show how auto manufacturers, who were initially subject to powerful consumer protection laws, weakened the impact of these laws by creating dispute resolution venues. The legislature and courts subsequently incorporated private dispute resolution venues into statutes and court decisions and made consumer rights and remedies largely contingent on consumers first using manufacturer-sponsored venues. Organizational venue creation resulted in public legal rights being redefined and controlled by private organizations.     

Thinking Critically about Race and Genetics

We must critically rethink race and genetics in the context of the new genetic breakthroughs and haplotype mapping. We must avoid the slippery slope of turning socially constructed racial categories into genetic realities. It is a potentially dangerous arena given the history of racialized science in the United States and globally. Indeed, the new advances must be viewed in the context of a long history of racial inequality, continuing into the current period. This is more than a question of how carefully we use categories of analysis such as race. Justice and equity must be core to our considerations. There is a community stake in this work that must be seriously considered and included in decision making. A progressive and critical analysis is in order.     

Blacks,self-esteem,and delinquency: It's time for a new approach

For decades, sociology and social psychology has debated the nature of self-esteem and its role in determining behavior. More recently, race has been added to the mixture, as social scientists have sought to explain black self-esteem and the involvement of black youth in delinquency. The article reviews a number of studies to explore the relative importance of race as an explanatory factory. Questions of the validity of prior measures of self-esteem are raised, especially where racial comparisons of self-esteem and delinquency were made. This article identifies various conceptual and methodological problems inherent to studies of race, self-esteem, and delinquency. In doing so, distinctions are made among personal and group identity measures of self-esteem in an effort to further the cause of research in this area.     

Connecting Critical Race Theory with Second Generation Legal Consciousness Work in Obasogie's Blinded by Sight

Sociologist and legal scholar Osagie Obasogie's study of how blind people “see” race reveals the usually invisible, taken‐for‐granted mechanisms that reproduce racism. In Blinded by Sight, he distinguishes racial consciousness from legal consciousness, though he notes their common emphases on studying how cumulative social practices and interactions produce commonsense understandings. I argue that there is much to be gained from connecting these two fields, one emanating primarily out of critical race theory and the other out of law and society scholarship. Legal consciousness offers an important avenue for bridging macro studies of race making with micro studies such as Obasogie's, which focus on individuals’ experiences and practices of constructing race and learning racism.     

Employment discrimination: procedures for handling complaints--Equal Employment Opportunity Commission. Proposed rule

This proposed rule sets forth procedures for the handling of complaints of employment discrimination which are filed with Federal fund granting agencies under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and other provisions of Federal law which prohibit discrimination on grounds of race, color, religion, age, sex or national origin in programs or activities receiving Federal financial assistance. The regulations allow the fund granting agency to refer complaints to the Equal Employment Opportunity Commission (EEOC). For complaints covered both by Title VII of the Civil Rights Act of 1964, as amended, or other statutes within EEOC's jurisdiction and by Title VI of the Civil Rights Act or Title IX, the regulations contemplate that most complaints of individual acts of discrimination will be referred to EEOC for investigation and conciliation, while most complaints of systemic discrimination will be retained by the fund granting agency. Employment discrimination complaints which are not covered by Title VI or Title IX will be transferred to EEOC. This proposed rule is not a "major rule" as defined by Section 1(b) of Executive Order 12291.