New York Law School

Author Archive

Consumer Racial Profiling: The Crime without Redress or Repercussions

America has a very long and documented history of racial profiling against people of color. Discriminatory practices like stop and frisk and poll taxes have been present in this country since the dawn of our government. Although the Civil Rights Act of 1964 aimed to outlaw these forms of discrimination, many of these practices simply morphed into much “subtler” versions of themselves. In particular, the unfair treatment of Blacks by law enforcement and the judicial system has been as present as ever. This continued stain of Black enslavement and repression is evidenced by disproportionately high arrest rates and stricter prison sentences for Blacks, as well as targeted efforts to vilify the Black population. Thanks to the efforts of President Barack Obama, Black Lives Matter, Social Media, and activists throughout the country, many of these issues are now being brought to the political mainstream, yet there still is much to be done in the fight against racial injustice. This fight is especially challenging in the realm of retail and private businesses. You see, just as police and judicial abuse against Blacks represents a legacy of Black legal inequality, Consumer Racial Profiling represents a legacy of public and societal inequality.

Consumer Racial Profiling (CRP) is the act of storeowners and/or their employees following, harassing, or ignoring individuals while they shop in their stores simply due to the shopper’s apparent race. While CRP affects people of all colors and backgrounds, it is Blacks that are most frequently targeted. In a 2004 Gallup poll, 65% of Black respondents reported widespread racial profiling when shopping in malls and stores. Hence why CRP is also known as “shopping while Black”, drawing on the similarities to “driving while Black”. These racially charged interactions often lead to Black people being publicly embarrassed due to unfounded accusations of stealing, being searched for goods that they did not steal, or even being wrongly detained or apprehended by police officers.

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Profiting off of Black Bodies: Racial Prejudice a Major Factor in Denying Pay to Elite Collegiate Athletes

College sports have become an extremely lucrative business. The National College Athletic Association (NCAA) is contracted to receive $7.3 billion from ESPN for game broadcast rights between 2014 and 2026, and $11 billion from CBS and Turner Sports to broadcast “March Madness” basketball games over the next 14 years. In 2013, NCAA Football revenue topped $3.4 billion dollars, making it one of the most profitable sports, college or professional, in North America. To put that into perspective, the revenue generated by NCAA football comes relatively close to the NHL ($3.7 billion), the NBA ($5 billion) and the NFL ($6 billion). With all of this money being generated by college sports, especially basketball and football, the way colleges compensate their athletes has also come under great scrutiny.

Although the revenue generated by college football rivals that of other professional sports, the difference is those leagues have unions, and their players get a large piece of the revenue, while collegiate athletes are “paid” with scholarships that cover tuition, room, and board. When you add up all of the time a collegiate athlete spends practicing, training, playing in games and participating in team events, it is evident that they “work” the equivalent of full-time hours for the universities they play for. The value of these scholarships, when compared to the hours worked and revenue generated, would be considered an insignificant compensation in any other industry or setting. Additionally, the opportunity to obtain a college degree for free, one of the major justifications for not paying collegiate athletes, often takes a back seat to the sport itself.

However, despite the above facts, there is still strong opposition against paying collegiate athletes wages comparable to their work and revenue generated. According to a Washington Post-ABC News poll, 64% of people oppose paying collegiate athletes. To add insult to injury, the NCAA actually restricts athletes from receiving other forms of compensation (such as selling their own merchandise, working at a job that pays them more than $2,000 annually, and accepting monetary help from coaches). Yet this lack of adequate compensation is not considered exploitation in the eyes of the general public. So what could be the reason society feels that these dedicated and hardworking athletes should not receive all of the fruits of their labor? It turns out that reason just may be racial prejudice. Read more

Black Youth in the Special Education System: Overrepresented or Underrepresented?

For years it has been a truism that, due to over-identification and racial bias, school districts have disproportionately funneled Black students into the special education system. Racial justice advocates, education leaders and researchers have asserted that school districts often use special education placement as a way to segregate black students from their peers. When these students are placed in special or remedial education programs, students of average or above-average intelligence quickly fall behind their peers, creating a wide education gap and obstacles to success that will persist for many years. Read more

Criminalization over Education: The Disproportionate Enforcement of Truancy Punishments and Suspensions on Low-Income and Black Youth

Around the country school systems have criminalized truancy, encouraging their counties to penalize students that miss too many days of school with fines, court fees, and in some cases even charging them, their parents, or their guardians with misdemeanors and pursuing jail time. These punishments often put an already struggling low-income family in an even deeper economic hole. Additionally, many school systems are attempting to remedy their student’s minor behavioral issues with out-of-school suspensions. This removal from the classroom causes students to miss out on valuable instructional time, resulting in students lagging behind their classmates due to a lack of understanding for the materials covered during their suspensions. Furthermore, a substantial amount of these suspensions are being sought for even the most inconsequential of incidents and school infractions. However, these truancy punishments and out-of-school suspensions are being pursued and enforced disproportionately against low-income and Black children with absolutely no regard for the long-term consequences of these actions.

The disproportionate enforcement of harsh disciplinary measures against low-income and Black youth is ground zero for what has been called the “school-to-prison pipeline.” The ACLU defines the school-to-prison pipeline as ”…policies and practices that push our nation’s schoolchildren, especially our most at-risk children, out of classrooms and into the juvenile and criminal justice system. This pipeline reflects the prioritization of incarceration over education.” In order to reverse this trend, school systems must come to the realization that truancy and behavioral issues can be symptoms of more serious problems, rather than simple rebelliousness. In addition to being signs of a larger problem, much of this behavior is often age-appropriate, but deemed punishable due to racial discrimination. Read more