They’re There, Now What?: The Identities, Behaviors, and Perceptions of Black Judges

Prior to the Civil Rights Movement, fewer than 50 Black judges had been elected or appointed to the judiciary. As of August 2015, there are over 1,000 Black state and federal judges. As the number of black judges has increased, one question arises: have American courts been altered purely by this substantial increase? One expectation—and, at times, a prediction—behind the increased descriptive representation of Black judges is that their mere presence would alter the judiciary. It was supposed that these judges would substantively represent Black interests in the decisions they made. In other words, it was suspected, and predicted, that Blacks in the judiciary would enhance equality and justice by being aware of, responsive to, and advocating for African Americans. This theory about the likely role of Black judges derives from theoretical work on political representation and racial group consciousness, and empirical studies of Black elite behavior in other political institutions.

Despite such predictions, there is no corresponding scholarly consensus regarding whether Black judges possess a racial group consciousness and have racially distinctive judicial behavior. Therefore, the theory undergirding the demand for increased diversification, as a means to transform the judiciary, remains unsubstantiated. This is precisely where this project, “They’re There, Now What?: The Identities, Behavior, and Perceptions of Black Judges,” seeks to intervene in and explore, if not settle, the matter of whether black judges possess a racial group consciousness and exhibit racially-distinctive judicial behavior. It addresses a set of interrelated questions relevant to understanding whether we can view Black judges as representatives in ways that are similar to how we view other Black political officials. I examine these questions using a multi-method approach. For my analyses, I draw on diverse materials: the published biographies of every Black judge appointed to the federal bench, a survey experiment with a nationally-representative adult sample, and semi-structured interviews with 30 Black judges.

This research, which engages with scholarship on representation, group consciousness, judicial behavior, and candidate perceptions, offers new insights into the lives, perceptions, and behavior of Black judges, as well as the manifestations of Black substantive representation in the judiciary. My dissertation argues that, despite the general reluctance to use the term “representation” when referring to judges, we can consider Black judges as representatives. Black judges behave as substantive representatives by (1) sharing and understanding the experience, history, and perspectives of Black Americans, (2) challenging language, persons, policies, and laws they feel negatively affect, or violate the rights and liberties of, African Americans, (3) respecting African American litigants, and (4) ensuring the rights of African Americans are protected and the needs of black Americans are being met.

Only through research that considers the perspectives, identities, perceptions, and behavior of Black judges will we arrive at a more comprehensive understanding of the importance of racial diversity in the courts. As this project finds, a link between descriptive representation and substantive representation can, and frequently does exist within the judicial context. Such a link is significant given that Blacks’ liberty and justice through the American legal system continues to be subject to those who exercise judicial power. This dissertation has implications for the discourse surrounding the need for increased descriptive and substantive representation of Blacks in the judiciary, and the factors that affect representation in the justice system.

Infused: Millennials and the Future of the Black Church

Deep societal trends impact the religious fervency and participation of millennials in the Black Church. Many young adults, though remaining Christian, have fallen away from their faith communities, finding them irrelevant for their daily lives. Even the most religiously committed have shown signs of waning faith, as evidenced by limited participation, and theological and ideological dissonance with the Black Church. Historically strong across all indicators, the Black Church is ideally positioned to stave off the attrition of youth and young adults, having a missional mindset toward this cohort—prioritizing them in their ministry development and programming. African American congregational leaders must develop disciples who have cohesive identities, live integrated lives, and experience an infusion of their personal vocation and the mission of the Church. Thus the future of the Black Church depends on the development of millennials who have an integrated faith life, which is distinguishable by its practices, disciplines, and virtues that are nurtured by an understanding of the Church’s mission and their role in it. Key will be establishing mentoring relationships that allow for questioning, exploration and discovery. To enact the changes necessary the church must understand the cultural worlds of young adults and engage them in holistic ministry that is reflective of the mission of God through Christ (missio dei)—activity that culminates with reaching the world with God’s redemptive plan for humanity.

Recasting 'Black Venus' in the new African Diaspora

This article explores the ways in which transnational feminist analysis can be deployed to reconfigure new gendered and racialized cartographies of the African Diaspora in Europe. First, I position contemporary film representations of trafficked Nigerian sex workers in Italy in dialogical relation to 19th century discourses of black sexuality - in particular, Sharpley-Whiting's (1999) reinscribed 'Black Venus Master Narrative' - and assess historical and geographical (dis)continuities in their modes of signification. Second, by linking endemic factors feeding the supply of Nigerian women for the purposes of (in)voluntary participation in the Italian sex industry, such as the localized feminization of poverty and regionally specific perceptions of sex work as a temporary economic strategy, I engage with broader feminist debates on victimization and agency in global sex work and migration literatures. In doing so, this dialectical think piece highlights the gendered complexities of new African diasporic formations and the ways in which their growth is facilitated by broader illegal networks that shape and are shaped by vicissitudes in glocalized economies. © 2004 Elsevier Ltd. All rights reserved.

Due to her tender age: Black girls and childhood on trial in South Carolina, 1885-1920

Drawing on local criminal court records in western and central South Carolina, this dissertation follows the legal experiences of black girls in South Carolina courts between 1885 and 1920, a time span that includes the aftermath of Reconstruction and the foundational years of Jim Crow. While scholars continue to debate the degree to which black children were included in evolving conversations about childhood and child protection, this dissertation argues that black girls were critical to turn-of-the century debates about all children's roles in society. Far from invisible in the courts and jails of their time, black girls found themselves in the crosshairs of varying forms of power --including intraracial community surveillance, burgeoning local government, Progressive reform initiatives and military policy -- particularly when it came to matters of sexuality and reproduction. Their presence in South Carolina courts established boundaries between early childhood, adolescence and womanhood and pushed legal stakeholders to consider the legal implication of age, race, and gender in criminal proceedings. Age had a complicated effect on black girls' legal encounters; very young black girls were often able to claim youth and escape harsher punishments, while courts often used judicial discretion to levy heavier sentences to adolescents and violent girl offenders. While courts helped to separate early childhood from the middle years, they also provided a space for African-American children and family to engage a legal system that was moving rapidly toward disenfranchising blacks.