Racism and Xenophobia in English Law

Racism and xenophobia are currently growing concerns inall the Member States of the European Union. This article deals withthe various legal mechanisms relating to the control of racistand/or xenophobic expression in English law. Although xenophobia isnot per se recognised in English law, racism is covered on a varietyof levels, by the prevention of racial discrimination and thepotential for suing in defamation (civil); and by the prosecutionof public order offences, sedition and the new concept of raciallyaggravated offences (criminal). It is suggested that these variousmechanisms are too diffuse and that their effectiveness would begreatly enhanced by a consolidating statute which would attach anappropriately high level of stigma to the behaviour in question.     

The EU's Role in the Fight Against Racism and Xenophobia: Evaluation and Prospects After Amsterdam and Tampere

The Treaty of Amsterdam has strengthened thepossibility of the European Union (EU) adoptingmeasures in the fight against racism and xenophobia.These can be based both on the extendednon-discrimination clause of Article 13 TEC and newArticle 29 TEU relating to common action in thecontext of the area of freedom security and justice.So far EU action has concentrated on public awarenessmeasures, increasing the exchange and the analysis ofinformation on racism and xenophobia, and improvingjudicial cooperation and cross-border training in thisarea. The scope of EU action continues to be limited,however, because of the absence of a `mainstreamingclause', very limited funding and structural deficitsin the decision-making system. Both the new AmsterdamTreaty provisions and the renewed emphasis placed onthe fight against racism and xenophobia by the TampereEuropean Council of October 1999 should be used forextending the EU's role in this area which is ofcrucial importance to its credibility as a politicalcommunity.     

Racism and sexism at work

Both racism and sexism have had the effect of handicapping selected groups in terms of salary and access to jobs, promotions, and power. However, the categories of race and gender, and the experience of racism and sexism, differ in many ways. This article reviews the differences resulting from definitions of race and gender, as well as those differences stemming from historical, legal, and demographic factors. In particular, we focused on the interactive effects of racism and sexism in the experience of women of color. We examine the assumption that affirmative action operates equivalently for all racial and gender groups, and suggest some directions for further research.     

The Aversive Racism Paradigm and Responses Favoring African Americans: Meta-Analytic Evidence of Two Types of Favoritism

This research examined conditions promoting favoritism for White targets and conditions promoting favoritism for African American (AA) targets. We extended research on the aversive racism paradigm through examination of reactions to AAs and Whites when normative behaviors or expressions of attitude clearly favored egalitarian responses and when evaluative criteria were ambiguous. We conducted a meta-analysis of 31 studies including more than 5000 participants. When norms were ambiguous, AA targets received worse treatment than Whites, supporting the presence of aversive racism. AA targets were treated even more positively than Whites when norms clearly favored positive reactions to all targets. We discuss results in terms of the aversive bias perspective, motivations to appear nonprejudiced, the flexible correction model, self-categorization theory, and shifting standards.     

The law and its interpretation do play a role in the elimination of xenophobia： A South African case study

The examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the other hand they can however serve to entrench it~. It is believed that in future, South African courts will continue to be proactive in the elimination of xenophobic tendencies wherever they may be encountered in the legal context and that law reform will eradicate laws which generate the impression that they are xenophobically motivated.     

How Does an Inquiry Inquire? A Brief Note on the Working Methods of the Bristol Royal Infirmary Inquiry

This paper draws on the author's experience as a panel member for the Bristol Royal Infirmary Inquiry into the care of children receiving complex cardiac services at the BRI between 1984 and 1995 to describe the process of inquiry and to reflect on recent moves towards a more managed court system, in both civil and criminal jurisdictions. We may begin to question the traditional sharp distinction between adversarial and inquisitorial court processes and to consider the similarities as well as the differences.     

Bootlegging in the Music Industry: A Note

This paper analyzes bootlegging of music, i.e. the unauthorized recording and distribution of previously unreleased music (e.g. a live concert). In particular, we investigate whether, and if so, how this illegal activity may hurt bands and record companies. Bootlegging is different from pirating, where legal releases are illegally copied and sold, because it adds to the product variety. It turns out that welfare implications of bootlegging are decisively different from those of pirating—bootlegged music does not crowd out legal sales.     

Visualizing Homicide: A Research Note

This paper provides some examples of the utility of graphical methods in analyzing data. While such methods are not expected to supplant standard statistical techniques, they can help the researcher in understanding characteristics of the process in ways that cannot be replicated using the standard methods.     

Institutional Racism in Bureaucratic Decision-Making: A Case Study in the Administration of Homelessness Law

This article reports findings from an ethnographic research project which investigated the influence of judicial review experiences on the decision-making processes of three heavily litigated local government agencies. The research focused on the administration of homelessness law in local government in England. However, the particular findings which emerged from fieldwork and which are discussed in this article concern institutional racism. 'Institutional racism', of course, is a much-used and contested concept and may refer to a number of sources of discrimination. The aim of this article is both modest and particular. It presents a case study of how systemic discrimination may be socially produced within the bureaucratic processes of organizational decision-making.     

The Integration of the European Union and the Changing Cultural Space of Europe: Xenophobia and Webs of Significance

The dialogic relationship between individuals and the cultural space of Europe embodies cultural definitions, political definitions and individual definitions. As individuals draw from Europe as a cultural space and strive to identify and define themselves, definitions are created against an ??other,?? leading to Europe being defined against the ??other.?? Identity is established through difference, and in this, the relationship between the EU??a force of integration??and Europe as a cultural space is strained. As boundaries change through the European Union, transforming the cultural space of Europe, the ??other?? against whom individuals have traditionally defined themselves is also transforming. This article asks if the integration of Europe through the European Union is resulting in the political mobilization of xenophobia and thereby transforming the cultural space of Europe into a xenophobic space. As many academics and professionals have argued that xenophobia in Europe has been on the rise since the 1990s, this paper will question how the relationship between the European Union??as a force of European integration??and Europe??as a cultural space??is contributing to the construction of xenophobia.     

The Burglary Boost: A Note on Detecting Contagion Using the Knox Test

Objectives

A large body of literature in quantitative criminology finds that the spatio-temporal clustering of burglary is greater than one would expect from chance alone. This suggests that such crimes may exhibit a “boost” effect, wherein each burglary increases the risk to nearby locations for a short period. In this study, we demonstrate that standard tests for spatio-temporal dependence have difficulty distinguishing between clustering caused by contagion and that caused by changing relative risks. Therefore, any estimates of the boost effect drawn from these tests alone will be upwardly biased.

Methods

We construct an agent-based model to generate simulated burglary data, and explore whether the Knox test can reliably distinguish between contagion (one burglary increases the likelihood of another burglary nearby) and changes in risk (one area gets safer while another gets more dangerous). Incorporating insights from this exercise, we analyze a decade of data on burglary events from Washington, DC.

Results

We find that (1) absent contagion, exogenous changes in relative risk can be sufficient to produce statistically significant Knox ratios, (2) if risk is changing over time, estimated Knox ratios are sensitive to one’s choice of time window, and (3) Knox ratios estimated from Washington, DC burglary data are sensitive to one’s choice of time window, suggesting that long-run changes in relative risk are, in part, driving empirical estimates of burglary’s boost effect.

Conclusions

Researchers testing for contagion in empirical time series should take precautions to distinguish true contagion from exogenous changes in relative risks. Adjusting the time window of analysis is a useful robustness check, and future studies should be supplemented with new approaches like agent-based modeling or spatial econometric methods.

     

Crack Pipes and Policing: A Case Study of Institutional Racism and Remedial Action in Cleveland

This article uses a case study of selective drug law enforcement in Cleveland, Ohio, to explore the contours of institutional racism in criminal justice policy and practice. Using the multilevel theoretical framework developed by Ian Haney López (2000) that highlights the processes underlying how institutional racism is manifested, I analyze how and why racially discriminatory arrest and charging practices were able to persist in this case as well as how they were eventually reformed. In doing so, I explore the role of institutional empathy (and its withholding) in institutional racism and illustrate how the exploitation of empathy can be used strategically to effect policy change.