1. 1
INTRODUCTION
The issue of race is one, which permeates American society. Socially, culturally,
economically and politically it has been divisive and controversial. In many cases,
even though unspoken it is deeply embedded in the American psyche. Steven
Lawson writes that “in 1903, when the African American scholar W.E.B DuBois
wrote that ‘the colour line” would be the predominant issue of the twentieth century,
he had no way of knowing that race would continue to vex American society He 1
further argues that “four hundred years of first slavery, and then Jim Crow, ensured
that racial inequalities remain embedded in the political, economic, social and
cultural institutions even after the successes of the civil rights movement” 2
As Barack Obama was elected in November 2008 as the first black President of the
United States, many were quick to proclaim that the United States had entered a
“post racial” era. One can question what exactly a “post racial” America would look
like. This term implies an era in which, American society has moved beyond its
preoccupation with race. However the view that Obama’s election somehow signals
the move of American society into some mythical “post racial” society should be
met with appropriate scepticism.
This optimism is admirable and understandable, given the tumultuous nature of
race relations in American history. Rejoicing in the glory of this mythical perception
is however premature and also dangerous as it allows the numerous disparities,
economic, social and political, which continue to persist between minorities and
whites to be overlooked. To see Obama’s election as the culmination of a struggle
for racial equality in American society would be to undermine previous progress on
the issues of racial inequalities.
In his iconic speech on race in Philadelphia in March 2008, Barack Obama
identified where the American people stood at this moment in history on race
relations.
“It’s a racial stalemate we’ve been stuck in for years. Contrary to the
claims of some of my critics, black and white, I have never been so naïve as to
1
Lawson, xv, 2009
2
Lawson, xv, 2009
2. 2
believe that we can get beyond our racial divisions in a single election cycle, or with
a single candidacy.” 3
The Obama Presidency has put race back on the table as a topic of discussion. It
has come at a point when America needs to move beyond this static state of
discussion or nondiscussion about race and how it affects American society. The
current US Attorney General Eric Holder was severely criticised for remarks he
made, by the media and by many Americans, as he stated in a speech to
commemorate Black History month that “though this nation has proudly thought of
itself as an ethnic melting pot, in things racial we have always been and continue to
be a nation of cowards” He further added that “this nation has still not come to grips
with its racial past nor has it been willing to contemplate, in a truly meaningful way,
the diverse future it is fated to have. To our detriment, this is typical of the way in
which this nation deals with issues of race.” Reactions to these comments have 4
demonstrated that the issue of race is still one, which the American public is ill at
ease having open discussions about.
While 21st
century America is far from the blatantly segregated society of its past, if
a deeper look is taken, one can argue that much of the growing minority
populations of the United States experience exclusionary and racist practices, in
less overt forms. This paper is not an historical account of slavery, the Civil Rights
Movement or any of the events, which have historically contributed to the place
occupied by minorities in the United States. Its aim is to argue that the idea of a
“post racial” America in the wake of the Obama victory is premature. One only has
to consider the plight of minorities in the healthcare system, the differences in
earning between whites and members of minority groups, the state of the American
penal system, the attitudes towards immigration and immigration policies, the
differences in funding for inner city versus suburban schools, legalized forms of
discrimination with regards to loans for home ownership, the state of inner city
housing, racial profiling practices of law enforcement agencies and the state of the
3
http://www.nytimes.com/2008/03/18/us/politics/18textobama.html?_r=1&ref=
politics
4
http://www.usdoj.gov/ag/speeches/2009/agspeech090218.htm
3. 3
US welfare system. These are some of the many areas in which race becomes an
issue. This paper attempts to examine some of the abovementioned areas and
give relevant examples to support the above argument.
In his perfect union speech Obama said that as Faulkner wrote, “the past isn’t dead
and buried. In fact it isn’t even past.” While highlighting some of the racial 5
disparities, an attempt will also be made at suggesting possible actions, which may
be undertaken in an attempt to bridge the gap between races. The fact that Obama
was elected by whites, blacks and an overwhelming part of the Hispanic electorate,
to the White House, is also symbolic of how far the United States has come in its
efforts at reconciling its past. For while it does not symbolise a society where an
individual’s race is no longer an issue, it should be seen as a starting point for
making it appropriate to discuss and eventually encourage real and fundamental
change within a society whose colour lines are drawn in very definite terms. It
should also be used as a platform to encourage greater cultural understandings of
those generally classified as the “other”.
The Obama Administration also has a real opportunity to challenge and ultimately
change the nature of federal institutions and practices, which have continuously
been allowed to discriminate against minorities. As Obama himself said, he is not
naïve to think that things will change in one election cycle, neither should the
overwhelming numbers of the electorate who voted for him. Expectations are high,
but this one could argue is the first real opportunity that a progressive stand can be
taken, in acknowledging the practices which continue to marginalize many
minorities. A change in these practices can be a positive step towards changing the
attitudes of the white American majority towards the growing minority population.
5
http://www.nytimes.com/2008/03/18/us/politics/18textobama.html?_r=1&ref=
politics
4. 4
THE CHANGING FACE OF AMERICA
In November 1993, TIME magazine produced a special issue on immigration. Its
cover showed a computergenerated image of a woman who was a mixture of
different races. They boldly proclaimed her the new face of America. Today the
American population stands at approximately 300 million. Of this about thirty
percent are ethnic minorities who are defined as peoples of colour. Dominic Pulera 6
argues that” The United States is presently undergoing a fundamental demographic
shift unlike any other in history. It is shifting from a predominately white country to
one, where people of colour are increasingly numerous and consequently
becoming more visible” This fact she argues accounts for why race affects the 7
lives of Americans more than before.
As race becomes more visible as the demographics of the United States change,
the issue of immigration has become one of the most controversial and debated
issues within American society. It is estimated that the United States is home to an
estimated 12 million undocumented immigrants. In 2006 mass demonstrations 8
occurred in Washington and Los Angeles staging protests for the support of
immigrant rights. The immigration debate has also galvanised those on the right
who want the government to change current immigration policy, in favour of a hard
line approach to illegal immigrants who they see as criminals.
HuDeHart warned that a “phenomena to watch in the matter of race and race
relations in the 21st
century is the resurgence of American Nativism” 9
In the early 90’s American Nativism was reflected in Proposition 187 of California.
The economic conditions of the time, concerns about the moral and social decline,
a widening gap between the rich and the poor and a general cynicism with political
and social institutions led to the voter approved Proposition 187. This proposed
6
HuDeHart, 80, 2001
7
Pulera, 9, 2002
8
http://www.independent.co.uk/news/world/americas/twomillionjoinprotestsa
simmigrantdebategripsus473636.html
9
HuDeHart, 93, 2001
5. 5
action would have forced many public agencies including schools, healthcare
providers, law enforcement agencies and any social services providers to be able
to determine the immigration status of anyone they suspected to be illegal, and if
found to be illegal, deny them service and report them to the Immigration and
Naturalization Service (INS). In 1996,” Congress also moved to cut off food stamps
and welfare benefits to lawful immigrants and refugees irrespective of how truly
needy they might be” . It also wanted to impose a thirtyday deadline by which 10
anyone entering as an asylum seeker had to adhere. This proposal was simply
unrealistic.
The social and economic situations of 1994 are not dissimilar to those in 2009. A
report by the Southern Poverty Law Centre (SPLC) has recorded an increase in the
number of race hate groups and a growing number of Nativist movement groups. In
2008, 926 hate groups were active in the United States, up more than 4 percent
from 888 in 2007. An increase of more than 50 percent since 2000 when there
were 602 groups. The report suggests that not only are these groups fuelled by 11
the worsening economic conditions, and the immigration of nonwhites to America,
but the election of Barack Obama has served to galvanize many of these far right
groups.
One such group is the Minuteman Project, a US border patrol organization
founded in 2004. Its founder Jim Gilchrist says the group found its roots in his
frustration with the US government to enforce its immigration laws. This group has
fostered several spinoff militant and vigilante groups, who have taken the law into
their own hands. Many of these groups carry out armed patrols along the
USMexico border. The underlying rhetoric of all of these groups while focused on
the issue of preventing illegal immigration across the US border is extremely racist.
Because of the association of illegal immigrants along racial lines, real tensions
exist between white America and Hispanic, Mexican and Asian minorities who are
seen to be abusing the US welfare system and taking jobs away from Americans.
An article in The Nation about the resurgence of American Nativism states, “ For
the first time since the backlash against civil rights, white supremacist groups are
10
Ong Hing, 3, 2006
11
http://www.splcenter.org/intel/intelreport/article.jsp?aid=1027
6. 6
flourishing. So are the far more popular “mainstream” antiimmigration groups, like
the Federation for American Immigration Reform (FAIR), which has approximately
200,000 dues paying members” The only difference in the rhetoric of the more 12
mainstream organizations like FAIR is the “political correctness” of the language.
When considering American attitudes to immigration, it is impossible to not to
consider the United States in its post 9/11 context. Ong Hing argues that” for
antiimmigrant forces in the United States, 9/11 provided a once in a lifetime
opportunity to use the tragic events to draw linkages with every aspect of their
Nativist agenda” John Tirman argues that “September 11th
has transformed the 13
landscape of global security, none more than borders and immigration. The
topography of citizenship, belonging, and suspicion instantly changed for Arab and
Muslim communities in the United States.” The is no doubt that the linking of the 14
American national security effort to the “lax” immigration measures of the
government has allowed much of white America to see its Arab/Muslim community
as the enemy from whom they are under attack.
The US government has also been complicit in engaging in activities, which have
led to the detention and surveillance of individuals based on their Arab/Muslim
ethnicity. Under the Patriot Act passed six weeks after 9/11 the United States
government has tremendously expanded its powers, and preventive detention has
been a common practice. Although it is understandable that measures were
warranted for a greater protection of the “home front”, that these practices were
increasingly discriminatory and based on racial profiling practices further
encourages racial divisiveness within American society.
The United States is a country built by immigrants. In the 21st
century however
immigration has been racialized. Increasingly immigrants are seen as those who
will work for less pay thus taking jobs from Americans. They are seen as Muslim
fundamentalists who want to carry out heinous acts against the American
population, or as nonwhite, nonEnglish speaking people who are intent on
12
http://www.thenation.com/doc/20060828/editors3
13
Ong Hing, 141, 2006
14
http://borderbattles.ssrc.org/Tirman/printable.html
7. 7
changing the fabric of American society. Race is very much an issue present within
the immigration debate.
AMERICAN APARTHEID
Segregation is normally a word associated with the tumultuous phase of the Civil
Rights Movement and an America of the past. Seitles argues however, that “In
actuality the word segregation, continues to characterize the present lives of many
minorities in America” 15
“Most Americans vaguely realize that urban America is still a residentially
segregated society, but few appreciate the depth of black segregation or the
degree to which it is maintained by ongoing institutional arrangements and
contemporary individual actions.” A December 2007 report on discriminatory 16
practices in the United States further argues, “Residential segregation is an
insidious and persistent fact of American life. Discrimination on the basis of race,
while on the decline according to some estimates, continues to pervade nearly
every aspect of the housing market in the United States.” 17
Carr and Nandinee argue “the denial of access to housing is arguably the single
most powerful tool to undermine and marginalize the upward mobility of people.” 18
In American society housing is a central part of the American Dream. For many
minorities adequate housing is a part of the dream that remains highly unattainable.
Inadequate housing has been linked to perpetual and concentrated poverty,
inadequate and unequal educational opportunities, limited access to social and
economic resources, generally placing those in the situation at a disadvantage.
15
http://www.law.fsu.edu/Journals/Landuse/Vol141/seit.htm
16
Massey, Denton, 1, 1993
17
www.ushrnetwork.org/files/ushrn/images/linkfiles/CERD/17_Housing%20Dis
crimination.pdf
18
Carr, Nandinee, 2008, 1
8. 8
It is argued that the United States government’s policies and practices are
historically responsible for the creation and perpetuation of the racially segregated
patterns, which exist today. A 2000 periodic report states, “For many years, the
federal government itself was responsible for promoting racial discrimination in
housing and residential segregation.” Some of these policies included, mortgage 19
insurance programmes through the Federal Housing Administration, which
transformed the American housing market from one which was inaccessible to
people outside the upper classes to one which had a wider base, which was
however all white. African Americans were also excluded from GI Bill loan
programmes, which were administered through the Veterans Administration. These
loans guaranteed housing to millions of Americans, but persistently endorsed the
use of race restrictive covenants, which guaranteed the racial homogeneity of the
suburbs.
“Public housing policies have contributed significantly to the establishment and the
entrenchment of residential segregation and concentrated poverty throughout the
United States.” These usually highrise, densely populated buildings are a feature 20
of many American cities. For many minorities especially African Americans, these
“projects” or “ghettos” are home. Many of these inner city projects are plagued by
violence, crime, drugs, inferior educational access, inadequate access to
healthcare and an endless list of social inadequacies, that serve to perpetuate high
levels of concentrated poverty. Many of these ghettos came about as their white
residents left these areas for the suburbs in a phenomenon known as “white flight.”
As their white residents left, the ghettos were left to fester in poverty. Writing in
1965 Kenneth Clark argued “America has contributed to the concept of the ghetto
by the restriction of persons to a special area and the limiting of their freedom of
choice on the basis of skin colour.” Today people of colour constitute 69 percent 21
of public housing residents 46 percent are African American and 20 percent are
Hispanic, and of this population 29 percent are below the poverty level. Only 8
19
Ibid 18
20
Ibid 18
21
Clark, 11, 1965
9. 9
percent of households living in public housing have incomes above 20,000 dollars.
22
The Fair Housing Act passed in 1968 prohibits discrimination by landlords, and
realtors as well as by municipalities, banks and any other lending institutions or
insurance companies, whose discriminatory practices might make housing
unavailable to persons based on their race or colour, religion, status, sex or any
such criteria. However studies conducted as recently as 2000 have revealed that 23
while the blatant “block busting techniques and outright door slamming behaviour of
the 1950’s and 60’s have faded away, housing discrimination persists in more
subtle forms and continues to be a barrier for minority households in both rentals
and sales markets.” 24
Many of these discriminatory practices take the form of credit denials and loans
with excessive interest rates and fees. While in recent years the federal
government has taken steps to actively increase minority homeownership, many
lending institutions have undermined them by pushing home purchase and
refinance loans, which specifically target people of colour. An example of this is the
practice of sub prime lending. Many financial institutions now have sub prime
lenders, and usually direct minority borrowers to these lenders even if they meet
the criteria for a regular loan with lower interest rates. A recent study of Citigroup,
which includes Citi, the groups sub prime lender, found that Citi in North Carolina
charged higher interest rates even to borrowers who could have qualified for
regular loans. Tim Wise states that in the process more than 90,000 mostly black
borrowers were roped into predatory loans, resulting in repayments of more than
327 dollars per month more for mortgages, than those getting loans from prime
lenders. This practice of predatory lending has meant that the amount of 25
foreclosures on property amongst minorities with the collapse of the economy has
been phenomenal.
22
Ibid 18
23
http://www.usdoj.gov/crt/housing/housing_coverage.php
24
Gould, I. ed (Carr, Nandinee) 265, 2008
25
Wise, 2009, 47
10. 10
Steering is also a common discriminatory practice used by realtors. It is defined by
the Supreme Court as “a practice by which real estate agents preserve and
encourage patterns of racial segregation in available housing, by steering members
of racial and ethnic groups to buildings occupied primarily by members of such
racial and ethnic groups and away from those inhabited primarily by other races
and groups.” This process is a direct violation of the Fair Housing Act, but 26
continues to be one of the most persistent practices of realtors. It is evident that
there remains widespread residential segregation, however it should also be noted
that everyday decisions by potential homeowners are also a factor, for while
segregation is not just a legacy of the past, it must be recognised that many people,
white and minority alike, may prefer to stay within their own ethnic communities.
26
Ibid 18, page 12
11. 11
TOXIC LAWS
Environmental racism can be defined as “racial discrimination in environmental
policy making and the enforcement of regulations and laws; the deliberate targeting
of people of colour communities for toxic and hazardous waste facilities; the official
sanctioning of the life threatening presence of poisons and pollutants in
communities and the history of excluding people of colour from the leadership of
the environmental movement.” Some have broadened the definition to include 27
governmental, institutional or industry action, or their failure to act, which has a
negative environmental impact that disproportionately affects individuals,
communities or groups based on race or colour.
Westra and Lawson argue “more recently people have recognized that in the 28
United States, poor people, African Americans, Hispanic Americans and Native
Americans, suffer disproportionate exposure to environmental pollution.” Policies
for dumping and the situation of landfill sites by state governments have
increasingly targeted minority groups. Many of these groups offer little political
resistance, to these facilities being situated within their communities. Some have
argued that these policies are based more along the lines of the fact that these
minority communities are poorer than those of white Americans. Westra and
27
http://www.wcccoe.org/wcc/what/jpc/echoes/echoes1702.html
“Environmental Racism: Old Wine in a New Bottle”
28
Westra, Lawson (ed) “Faces of Environmental Racism: Confronting Issues
of Global Justice” introduction pg xviii
12. 12
Lawson however argue that national studies conducted have shown that, race
seems to be more of a deciding factor than income. 29
Results from the influential 19872007 United Church of Christ Study has shown
that the “proportion of minority members in communities with commercial waste
facilities is double of communities without such facilities. Also, where two or more
such facilities are found, the proportion of minority members is nearly triple that in
otherwise comparable communities.” The study further found that “the best
predictor of where to find hazardous waste was to classify communities by race and
not by income or real estate values.” Research has also shown that in cases 30
where environmental justice has been achieved for members of minority groups
settlements are always a great deal less than those awarded to white Americans.
Robinson states that in the United States “three out of five African Americans live in
communities with uncontrolled toxic waste sites, Native American lands and sacred
places are home to extensive mining operations and radio active waste sites. Three
of the five largest commercial hazardous waste landfills are located in
predominately African American and Latino communities.” Inevitably this means
that the residents of these communities suffer adverse health effects, including
reduced life expectancy rates, high infant mortality rates, conditions such as
asthma are prevalent among children and various forms of cancer are common.
These communities also tend to be less economically viable, with substandard
housing, and extremely high levels of poverty.
Within the United States agencies like the Environmental Protection Agency (EPA)
have been set up to monitor these issues and to ensure that these types of
discriminatory practices do not occur. However Robert Bullard argues, that
“agencies like the EPA were not set up to address environmental policies and
practices that result in unfair outcomes.” Rather, he believes that within the 31
current environmental paradigm, is “institutionalized unequal enforcement practices
where human health is ultimately traded for profit, it has legitimated human
exposure to harmful substances, promoted risky technologies such as incinerators,
29
Ibid 28
30
Ibid 28
31
Bullard, R Ibid 28 Chptr1 pg3
13. 13
exploited the vulnerability of economically and politically disenfranchised
communities and delayed cleanup actions.” Because of all of these factors, low 32
income and minority communities will continue to bear greater health and
environmental burdens, while the more affluent and white communities receive the
bulk of the benefits.
When the policies of the EPA were investigated finings showed that penalties
applied under US hazardous waste laws at sites, which had greater white
populations were approximately five hundred percent higher than penalties at sites
with greater minority populations, this disparity correlated with race alone and not
income. Also despite all the federal laws meant to protect citizens from pollution i.e.
air, water, and waste. Any penalties imposed for breaking these laws were forty six
percent higher in white communities than in minority communities. Also under the
EPA’s Superfund cleanup programmes, sites of hazardous waste in minority areas
take longer to be placed on the National Priority List (NPL) than those in white
areas. 33
It has been proven that waste sites are more likely to be present in minority
communities, however a special case for examination is that of the Native
Americans and their reservations. Gaylord and Bell notes, that “tribal lands, like
other impoverished areas, have been affected by discriminatory environmental
practices” Native American reservations present an interesting case as they are 34
defined as ‘quasi sovereign’ nations. Because of this they are subject to less
stringent environmental regulations than those imposed at the state and federal
level. This has meant that increasingly these reservations have become the targets
for risky technology. More than one hundred industries ranging from solid waste
landfills to hazardous waste incinerators and nuclear waste storage facilities have
targeted reservations. Sierra Jeffries writes, “ The targeting of sovereign Indian
nations to host waste that not one of fifty states is willing to accept is based on past
and current federal Indian policy and the socioeconomic conditions of the
reservation system.” She further explains, “Tribal sovereignty offers an opportunity
32
Ibid 31
33
Ibid 31
34
Gaylord, Bell, Ibid28 Chptr2
14. 14
to avoid state, local and at times federal jurisdiction, laws and environmental quality
control.” 35
By targeting these reservations, companies avoid much of the bureaucratic
processes. There are no strict procedures when it comes to application for permits,
little or no public input, and little or no governmental oversight procedures. The
EPA does little in terms of providing funding on reservations relating to
environmental services. Because of the poor socioeconomic conditions on many of
the reservations, many of these large firms know that the Indian tribes accept the
income provided from leasing of these lands to host these waste facilities.
Reservations therefore in the United States are commonly used for the storage of
nuclear waste, a practice that would never be sanctioned regardless of how
isolated the community was, if the residents were white Americans.
35
Jeffries, S “Environmental Justice and The Skull Valley Goshute Indians’
Proposal to Store Nuclear Waste” pg414
15. 15
IN CONCLUSION
What this paper has tried to argue is that the practices, which sustain the
inequalities experienced by minorities, are very much entrenched in the social and
political institutions of the United States. The election of Barack Obama to the
White House has more than anything given hope to all minority groups across the
United States, that his understanding of the challenges faced will inspire changes
that will somehow benefit their situations. While the significance of his election
should not be underestimated, changes to these practices will be tremendously
difficult, for he himself operates as a minority within a vastly complex political
structure. The majority of which is predominately white and middle class, and he
must be perceived as acting in the interest of all Americans and not just minorities.
While policy and institutional changes are crucial, also of importance is a general
change in the attitudes of white Americans to the growing minority population. It is
predicted that by 2050 the minority population will have overtaken that of white
America, and that Spanish will be just as commonplace as English as the language
spoken in the United States. Many Americans remain very protective of their
country and are resentful of the fact that it is heading in a direction that will
ultimately change the face of America to something unrecognisable to most. This
accounts for the negative attitudes to Hispanic immigrants, who are employed in
much of the unskilled labour market across the US.
These changes in attitudes can only be achieved if major industries like the media
industry consciously changes its portrayals of minority groups, as much of the
16. 16
negative stereotypes are further perpetrated and enforced because of what is
reported on the TV in newspapers. By framing issues such as immigration and
crime along racial lines, many white Americans generalize and make judgements
about minority groups based on what the see or read. The media has a
responsibility to be fair and just in the portrayal of these groups, for doing otherwise
only increases the fear of what may be unknown to many. Sometimes even the
most rational people are prone to misconceptions.
What is real is the poverty and lack of opportunities for many minority groups. This
cycle of poverty is further exacerbated by the unfair housing practices, which
condemn many children living in inner cities to poor health and education facilities.
It is a cycle that perpetuates crime and violence within minority communities. It is a
cycle that exacerbates drug use and gang activity. It is a cycle that produces some
of the highest rates of Aids and HIV in one of the wealthiest countries in the world.
It is a cycle that has seen the level of incarceration of African American and
Hispanic men skyrocket in recent years. It is a cycle responsible for single parent
families, whose mothers are working to feed their children, while the children raise
themselves. These things all form the reality in which much of America lives.
Healthcare is one of the major problems for minorities in the United States, as
many people are without health insurance. This means that many people die of
diseases and conditions that should be treatable because they cannot afford
treatment. Barack Obama has pledged to fix the healthcare system so that all
Americans can afford to be healthy. What this will mean is tackling major insurance
giants who profit tremendously from the system the way it is. This will not be an
easy task, but it is a start in reforming a system where so many are left out, and
with disastrous consequences.
The United States is not ‘postracial’. It will take a lot more than the election of a
minority to the White House for this claim to be valid. What it is, is a society in
change, in its demographics, hopefully in its policies and its institutions, which have
for so long been resistant to changes that will benefit and cease to exploit its
minority populations. The “American Dream” has lost its significance to many
minority groups. Many feel marginalized and that the promise of a good life in the
17. 17
land of opportunity is not a dream that they can afford to have. Barack Obama has
rekindled this dream for many, for while his story is unique to him, the sight of a
black man holding the most powerful political office in the world is not something
that many thought would happen in their lifetime.
This is a time where a real change can be made for the lives of those who thought
that it was impossible. It is a change that needs to happen in the United States,
because white America can no longer deny its minority voice. It is a change that will
be forced to happen because America is moving in a direction where the division of
people along racial lines will be impossible in the future. So while America’s new
‘post racial’ status might not be applicable, the fact that race is open to honest
discussion, might be one of the triumphs of the Obama Administration.
18. 18
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19. 19
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JOURNAL ARTICLES
Jeffries, S. (2007) “Environmental Justice and The Skull Valley Goshute Indians’
Proposal To Store Nuclear Waste” Journal of Land, Resources and Environmental
Law, 27, 2, 409429