AuthorTitleCitationSummaryYearKey Terms
Joey L. Mogul THE STRUGGLE FOR REPARATIONS IN THE BURGE TORTURE CASES: THE GRASSROOTS STRUGGLE THAT COULD 21 Public Interest Law Reporter 209 (Symposium, 2015) On May 6, 2015, the City of Chicago passed unprecedented legislation providing reparations to Black people tortured by a former Chicago Police Commander and a ring of detectives under his command. This historic moment was the culmination of a forty-year struggle that involved decades of litigation, organizing and investigative journalism. It is... 2015  
Vinay Harpalani TO BE WHITE, BLACK, OR BROWN? SOUTH ASIAN AMERICANS AND THE RACE-COLOR DISTINCTION 14 Washington University Global Studies Law Review 609 (2015) People often use race and color terminology interchangeably in common parlance. When the renowned African American scholar W.E.B. Du Bois stated that the problem of the twentieth century is the problem of the color line, he was referring to rampant and overt racism faced by African Americans and non-European peoples all over the world. Within the... 2015  
Hannah Jayne Peck TRADEMARKING TRAGEDY: THE EMERGENCE OF A NEW PHENOMENON AND HOW TRADEMARK LAW AND POLICY MUST REACT IN A DIGITAL AGE 18 Tulane Journal of Technology and Intellectual Property 203 (Fall 2015) I. Introduction. 204 II. General Overview of Trademark Protection. 205 III. Classifying a Mark Using the Second Circuit's Abercrombie & Fitch Co. v. Hunting World Inc. Distinctiveness Spectrum To Determine the Level of Protection. 206 IV. Intersection of Trademark Law and Human Tragedy. 207 A. Boston Strong: In-Depth Analysis of an Attempt To... 2015  
Sherri Lee Keene VICTIM OR THUG? EXAMINING THE RELEVANCE OF STORIES IN CASES INVOLVING SHOOTINGS OF UNARMED BLACK MALES 58 Howard Law Journal 845 (Spring, 2015) INTRODUCTION. 845 I. DIVERSE PERSPECTIVES ABOUT THE ROLE OF RACE IN THE AMERICAN LEGAL SYSTEM. 847 II. THE ROLE OF STORIES IN JURY DECISION-MAKING. 849 III. STORIES ABOUT UNARMED AFRICAN AMERICAN MALES SHOT BY POLICE. 851 IV. ADDRESSING RACE IN THE COURTROOM. 854 2015  
Samuel Issacharoff VOTING RIGHTS AT 50 67 Alabama Law Review 387 (2015) The fiftieth anniversary of the Voting Rights Act comes at a difficult juncture. The Supreme Court's decision in Shelby County dismantled the core preclearance provisions of what had been the most successful civil rights law in American history. At the same time, the right to cast a ballot free of unnecessary legal encumbrances is more contested... 2015  
Steven P. Aggergaard WHEN "PUBLIC SPACE" ISN'T PUBLIC 72-JUN Bench and Bar of Minnesota 28 (May/June, 2015) The Black Lives Matter protesters who rallied inside the Mall of America last December drew attention not only to police practices and race relations, but also the rights to assemble and speak at shopping malls and other private property. Or, stated more accurately, the lack of such rights. The protesters were warned that the law of the mall had... 2015  
Terry Smith WHITE BACKLASH IN A BROWN COUNTRY 50 Valparaiso University Law Review 89 (Fall, 2015) I would like to honestly say to you that the white backlash is merely a new name for an old phenomenon . . . . It may well be that shouts of Black Power and riots in Watts and the Harlems and the other areas, are the consequences of the white backlash rather than the cause of them. Table of Contents I. Introduction. 90 II. Privilege as Addiction,... 2015  
Erin M. Kerrison, Ph.D. WHITE CLAIMS TO ILLNESS AND THE RACE-BASED MEDICALIZATION OF ADDICTION FOR DRUG-INVOLVED FORMER PRISONERS 31 Harvard Journal on Racial & Ethnic Justice 105 (Spring 2015) Critical Race Theory scholars have long argued that the War on Drugs is a war waged against low-income, black urban citizens. However, as the spotlight has shifted somewhat from policing street drug use and trafficking among poor, inner-city blacks, to concerns about the chronic pharmaceutical substance abuse of middle- and upper-class white... 2015  
Cheryl I. Harris WHITENESS AS PROPERTY: A TWENTY YEAR APPRAISAL 31 Harvard Journal on Racial & Ethnic Justice 148 (Spring, 2015) The publication of this volume is an honor for which I extend my sincere thanks to the editors, to the contributors and to all who participated in its production. The articles contained here, while invoking Whiteness as Property as inspiration (or perhaps provocation), make unique and important contributions in their own right. Together they... 2015  
Khaled A. Beydoun WHY FERGUSON IS OUR ISSUE: A LETTER TO MUSLIM AMERICA 31 Harvard Journal on Racial & Ethnic Justice 1 (Spring 2015) Dear Muslim America: Ferguson is your issue. Ferguson is our issue. For a range of reasons that go well beyond passive commitment to civil rights or symbolic solidarity, Muslim-Americans are bound to Ferguson --and the piercing demand calling for an end to state-sponsored, structural violence against Black America that reverberates from its... 2015  
Larry Redmond WHY WE NEED COMMUNITY CONTROL OF THE POLICE 21 Public Interest Law Reporter 226 (Symposium, 2015) Police in the United States of America in the twenty-first century are out of control. The news of a police officer killing a Black man is so common today, it is causing many of us to become more and more enraged. We all know the names Walter Scott, Eric Garner, Michael Brown, Tamir Rice, Rekia Boyd and Laquan McDonald. These names have been... 2015  
Richard D. Felice WORDS WORTH REPEATING 103 Illinois Bar Journal 8 (February, 2015) In this era of mistrust and polarization, Justice Thomas calls on Illinois lawyers and judges to commit themselves to unimpeachable justice. At the ISBA/IJA Midyear Meeting in Chicago, I had the distinct honor during the Supreme Court Dinner on December 12 to introduce Justice Robert R. Thomas as the keynote speaker. The former chief justice and... 2015  
Laverne Lewis Gaskins JUSTICE DEMANDS THAT BLACK LIVES MATTER 19-DEC NBA National Bar Association Magazine 26 (December, 2014) On December 13, 2014, the call for justice and demand for society's recognition of all its people was heard across the nation, and the world, in the collective voices of thousands who participated in the March on Washington and declared, Black Lives Matter! President Meanes was one of the featured speakers. During her address, President Meanes... 2014 Most Relevant
Laverne Lewis Gaskins JUSTICE DEMANDS THAT BLACK LIVES MATTER 19-DEC NBA National Bar Association Magazine 26 (December, 2014) On December 13, 2014, the call for justice and demand for society's recognition of all its people was heard across the nation, and the world, in the collective voices of thousands who participated in the March on Washington and declared, Black Lives Matter! President Meanes was one of the featured speakers. During her address, President Meanes... 2014 Most Relevant
Darren Lenard Hutchinson "CONTINUALLY REMINDED OF THEIR INFERIOR POSITION": SOCIAL DOMINANCE, IMPLICIT BIAS, CRIMINALITY, AND RACE 46 Washington University Journal of Law & Policy 23 (2014) The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... 2014  
Mike Lillis Brown family condemns 'broken system' 2014 The Hill 6653456 (November 25, 2014) Brown family attorney: 'Strive to make a difference.' 2014  
Marissa Jackson CROSSING THE BRIDGE: AFRICAN-AMERICANS AND THE NECESSITY OF A 21ST CENTURY HUMAN RIGHTS MOVEMENT 5 Human Rights & Globalization Law Review 56 (Fall, 2013-Spring, 2014) We have injected ourselves into the civil rights struggle, and we intend to expand it from the level of civil rights to the level of human rights. As long as you're fighting on the level of civil rights, you're under Uncle Sam's jurisdiction. You're going to his court expecting him to correct the problem. He created the problem. He's the criminal.... 2014  
Justin D. Levinson , Robert J. Smith , Danielle M. Young DEVALUING DEATH: AN EMPIRICAL STUDY OF IMPLICIT RACIAL BIAS ON JURY-ELIGIBLE CITIZENS IN SIX DEATH PENALTY STATES 89 New York University Law Review 513 (May, 2014) Stark racial disparities define America's relationship with the death penalty. Though commentators have scrutinized a range of possible causes for this uneven racial distribution of death sentences, no convincing evidence suggests that any one of these factors consistently accounts for the unjustified racial disparities at play in the... 2014  
Ben Kamisar House Dem urges grand jury reform after Brown, Garner decisions 2014 The Hill 6994734 (December 12, 2014) Huge Anti-police Violence Protests Set for D.C. and NYC 2014  
Toussaint Cummings I THOUGHT HE HAD A GUN: AMENDING NEW YORK'S JUSTIFICATION STATUTE TO PREVENT POLICE OFFICERS FROM MISTAKENLY SHOOTING UNARMED BLACK MEN 12 Cardozo Public Law, Policy and Ethics Journal 781 (Summer 2014) And see now we got these fake cops They thought he had a gun (BAM!!) Made a mistake cops I hate cops . . . Got it bad cause I'm brown And not the other color So police think They have the authority To kill a minority Introduction. 783 I. How The Stereotypical Association of Black Men With Crime Influences Police officers' Decisions to Shoot. 787 A.... 2014  
Jasmine B. Gonzales Rose INTRODUCTION 75 University of Pittsburgh Law Review 429 (Summer, 2014) Critical Race Theory is dead. This was the message the Editor-in-Chief of the University of Pittsburgh Law Review received when he approached an advisor about the prospect of commemorating the 75th volume of the Law Review by dedicating a symposium and printed issue in honor of esteemed alumnus, the-late Derrick A. Bell, Jr. (L.L.B. 1957). Moved... 2014  
Aya Gruber MURDER, MINORITY VICTIMS, AND MERCY 85 University of Colorado Law Review 129 (Winter 2014) Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding no. Theorists argue that criminal laws should... 2014  
Aya Gruber RACE TO INCARCERATE: PUNITIVE IMPULSE AND THE BID TO REPEAL STAND YOUR GROUND 68 University of Miami Law Review 961 (Summer 2014) Stand-your-ground laws have come to symbolize, especially for many in the center-to-left, the intense racial injustice of the modern American criminal system. The idea now ingrained in the minds of many racial justice-seekers is that only by narrowing the definition of self-defense (and thereby generally strengthening murder law) can we ensure... 2014  
Phyllis Goldfarb RACE, EXCEPTIONALISM, AND THE AMERICAN DEATH PENALTY: A TRAGEDY IN MANY ACTS 48 New England Law Review 691 (Summer 2014) The American death penalty is exceptional in multiple senses of the word. It is exceptional in that the form it takes is unique to American culture. Understanding the American death penalty, then, requires an understanding of the role it plays in American life and in its history, particularly in its complex history of race. The death penalty is... 2014  
Natsu Taylor Saito TALES OF COLOR AND COLONIALISM: RACIAL REALISM AND SETTLER COLONIAL THEORY 10 Florida A & M University Law Review 1 (Fall 2014) Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The... 2014  
Nicholas J. Johnson FIREARMS POLICY AND THE BLACK COMMUNITY: AN ASSESSMENT OF THE MODERN ORTHODOXY 45 Connecticut Law Review 1491 (July, 2013) The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And... 2013  
Robert J. Cottrol , Raymond T. Diamond IN THE CIVIC REPUBLIC: CRIME, THE INNER CITY, AND THE DEMOCRACY OF ARMS-BEING A DISQUISITION ON THE REVIVAL OF THE MILITIA AT LARGE 45 Connecticut Law Review 1605 (July, 2013) This Article examines the modern utility of the Second Amendment's guarantee of the right to keep and bear arms in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the right... 2013  
Stephen Clowney LANDSCAPE FAIRNESS: REMOVING DISCRIMINATION FROM THE BUILT ENVIRONMENT 2013 Utah Law Review 1 (2013) At its core, this Article argues that the everyday landscape is one of the most overlooked instruments of modern race-making. Drawing on evidence from geography and sociology, the Article begins by demonstrating that the built environment inscribes selective and misleading versions of the past in solid, material forms. These narratives--told... 2013  
Andrew E. Taslitz RACIAL THREAT VERSUS RACIAL EMPATHY IN SENTENCING--CAPITAL AND OTHERWISE 41 American Journal of Criminal Law 1 (Winter 2013) I. Introduction. 2 II. Empathy, Race, and the Capital Jury. 5 A. Overview. 6 1. Racial Bias in Black Offender-White Victim Dyads Undermines Empathy for the Defendant. 6 2. Lost Empathy for the Defendant Deindividuates His Character and Suffering. 7 a. Stereotypes and Racial Threat. 7 b. Retribution and Racial Insult. 8 B. Empathy-Relevant Features... 2013  
Aviam Soifer FEDERAL PROTECTION, PATERNALISM, AND THE VIRTUALLY FORGOTTEN PROHIBITION OF VOLUNTARY PEONAGE 112 Columbia Law Review 1607 (November, 2012) The Peonage Abolition Act of 1867 abolished voluntary as well as involuntary servitude. Congress did this in sweeping terms, based on the Enforcement Clause of the Thirteenth Amendment, but Congress explicitly extended protections beyond those proclaimed in Section 1 of that Amendment. The historical context makes it clear that the men of the... 2012  
Kimani Paul-Emile PATIENTS' RACIAL PREFERENCES AND THE MEDICAL CULTURE OF ACCOMMODATION 60 UCLA Law Review 462 (December, 2012) One of medicine's open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician's racial identity, and hospitals typically yield to patients' racial preferences. This widely practiced, if rarely acknowledged, phenomenon--about which there is new empirical evidence--poses a fundamental dilemma for law,... 2012  
David Gan-Wing Cheng THE MCCLESKEY COURT, JURY DISCRETION, AND THE DEATH PENALTY: WHAT IS A BLACK LIFE WORTH? 6 Southern Region Black Law Students Association Law Journal 109 (Spring 2012) We all agree that babies are adorable and precious. Most people would find a soft spot in their hearts when they hear the giggle of an infant or take note of its delicate little fingers and toes. Inherently these sentiments would be shared by the infamous reasonable man, who is a legal fiction, created to personify prevailing social attitudes and... 2012  
Angela Onwuachi-Willig , Mario L. Barnes THE OBAMA EFFECT: UNDERSTANDING EMERGING MEANINGS OF "OBAMA" IN ANTI-DISCRIMINATION LAW 87 Indiana Law Journal 325 (Winter, 2012) The election of Barack Obama to the U.S. presidency on November 4, 2008, prompted many declarations from journalists and commentators about the arrival of a post-racial society, a society in which race is no longer meaningful. For many, the fact that a self-identified black man had obtained the most prominent, powerful, and prestigious job in the... 2012  
Jeremiah Chin WHAT A LOAD OF HOPE: THE POST-RACIAL MIXTAPE 48 California Western Law Review 369 (Spring 2012) I get down for my grandfather who took my momma Made her sit in that seat where white folks ain't want us to eat At the tender age of six she was arrested for the sit-ins With that in my blood I was born to be different That's why I hear new music and I just don't be feeling itRacism's still alive they just be concealing it. As a hip-hop producer,... 2012  
Professor Vernellia R. Randall INEQUALITY IS KILLING US! WHAT PRESIDENT OBAMA MUST DO TO SAVE BLACK LIVES 18-DEC NBA National Bar Association Magazine 20 (August-December, 2011) Inequality is killing us! Blacks are sicker than white Americans; they are dying at a significantly higher percentage. These are undeniable facts. Black men live on average 6 years less than white men. Black men have shorter life spans than men in Chile, Barbados, Bahamas or Jamaica. Black women live on average years 4 less than white women. Black... 2011 Most Relevant
Professor Vernellia R. Randall INEQUALITY IS KILLING US! WHAT PRESIDENT OBAMA MUST DO TO SAVE BLACK LIVES 18-DEC NBA National Bar Association Magazine 20 (August-December, 2011) Inequality is killing us! Blacks are sicker than white Americans; they are dying at a significantly higher percentage. These are undeniable facts. Black men live on average 6 years less than white men. Black men have shorter life spans than men in Chile, Barbados, Bahamas or Jamaica. Black women live on average years 4 less than white women. Black... 2011 Most Relevant
Ann E. Tweedy "[H]OSTILE INDIAN TRIBES . OUTLAWS, WOLVES . BEARS . GRIZZLIES AND THINGS LIKE THAT?" HOW THE SECOND AMENDMENT AND SUPREME COURT PRECEDENT TARGET TRIBAL SELF-DEFENSE 4 the crit: a Critical Studies Journal 1 (2011) This article examines the history of self-defense in America, including the right to bear arms, as related to Indian tribes, in order to shed light on how the construction of history affects tribes today. As shown below, Indians are the original caricatured savage enemy that white Americans believed they needed militias and arms to defend... 2011  
Ann E. Tweedy "HOSTILE INDIAN TRIBES . . . OUTLAWS, WOLVES, . . . BEARS . . . GRIZZLIES AND THINGS LIKE THAT?" HOW THE SECOND AMENDMENT AND SUPREME COURT PRECEDENT TARGET TRIBAL SELF-DEFENSE 13 University of Pennsylvania Journal of Constitutional Law 687 (March, 2011) I. Introduction. 690 A. Definitions of Self-Defense . 692 B. The Second Amendment. 692 C. The Justices' Perceptions of Tribes in District of Columbia v. Heller. 694 D. Erasure of Tribes in McDonald v. City of Chicago. 696 II. The Mythology of the Colonists' Need for Self-Defense. 697 A. The Colonial Concept of Self-Defense Related Directly to... 2011  
Rayvon Fouché , Sharra Vostral "SELLING" WOMEN: LILLIAN GILBRETH, GENDER TRANSLATION, AND INTELLECTUAL PROPERTY 19 American University Journal of Gender, Social Policy and the Law 825 (2011) I. Introduction. 825 II. Women's Bodies, Vernacular Knowledge, and Intellectual Property. 831 III. The Gilbreth Report: Extracting, Commodifying, and Packaging. 835 IV. Gender Translation. 844 2011  
Benjamin C. Zipursky LEGAL POSITIVISM AND THE GOOD LAWYER: A COMMENTARY ON W. BRADLEY WENDEL'S LAWYERS AND FIDELITY TO LAW 24 Georgetown Journal of Legal Ethics 1165 (Fall, 2011) W. Bradley Wendel's new book, Lawyers and Fidelity to Law, is a remarkable achievement for any number of reasons: It offers a defense of the standard conception of legal ethics that is at once novel and traditional; it generates a general normative account while attending with remarkable subtlety to context; it embraces client loyalty more... 2011  
Justin Driver RETHINKING THE INTEREST-CONVERGENCE THESIS 105 Northwestern University Law Review 149 (Winter 2011) Introduction. 149 I. Examining the Interest-Convergence Thesis. 157 A. Before the Interest-Convergence Thesis. 158 B. The Interest-Convergence Thesis. 160 C. Contemporary Views of the Interest-Convergence Thesis. 163 II. Analytical Flaws of the Interest-Convergence Thesis. 164 A. Interrogating the Composition of Racial Interests. 165 B. Consistency... 2011  
Jarrod D. Reece REVISITING CLASS-BASED AFFIRMATIVE ACTION IN GOVERNMENT CONTRACTING 88 Washington University Law Review 1309 (2011) Unlike a private buyer, the government is interested, as the sovereign, in achieving a wide variety of social and economic goals. Indeed, government contracting has been a means of effectuating socioeconomic policy in the United States for nearly half of a century. But these sorts of programs, particularly those that classify based on race, are... 2011  
Tommy J. Curry SHUT YOUR MOUTH WHEN YOU'RE TALKING TO ME: SILENCING THE IDEALIST SCHOOL OF CRITICAL RACE THEORY THROUGH A CULTURALOGICAL TURN IN JURISPRUDENCE 3 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2011) No intellectual historian can deny the impact of Critical Race Theory (CRT) on the discourse of race and racism in the later part of the 20 century. Critical Race Theory began in the late 1960s, in the aftermath of the civil rights movement, with a series of writings by Derrick Bell. These writings focused specifically on the arrest of civil rights... 2011  
Robert A. Garda, Jr. THE WHITE INTEREST IN SCHOOL INTEGRATION 63 Florida Law Review 599 (May, 2011) Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court integration... 2011  
Annette R. Appell CONTROLLING FOR KIN: GHOSTS IN THE POSTMODERN FAMILY 25 Wisconsin Journal of Law, Gender & Society 73 (Spring, 2010) Amid the many transformations that have reshaped the study of kinship over time, the question of the significance of biological facts has remained a persistent quagmire - as easy to fall into as it is difficult to leave behind. Abstract. 74 Introduction. 74 I. Bionormative Regulation of Families and the Production of Liberty. 79 A. The... 2010  
James F. Shekleton STRANGERS AT THE GATE: ACADEMIC AUTONOMY, CIVIL RIGHTS, CIVIL LIBERTIES, AND UNFINISHED TASKS 36 Journal of College and University Law 875 (2010) I. L2-3,T3Constitutional Litigation Brings Government Regulation onto Campus 880. II. L2-3,T3Advocacy Gives Rise to Pervasive Regulation 887. III. L2-3,T3Political Reaction 899. IV. L2-3,T3Unfinished Tasks 907. A. Separate lives. 917 B. Higher Education as an Extra-Constitutional Mechanism to Remedy Disparities. 931 V. L2-3,T3Conclusion 942. 2010  
Alycee Lane "HANG THEM IF THEY HAVE TO BE HUNG": MITIGATION DISCOURSE, BLACK FAMILIES, AND RACIAL STEREOTYPES 12 New Criminal Law Review 171 (Spring, 2009) This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of the black family--signified most perniciously through the figure of the welfare queen--the... 2009  
Ralph Richard Banks BEYOND COLORBLINDNESS: NEO-RACIALISM AND THE FUTURE OF RACE AND LAW SCHOLARSHIP 25 Harvard BlackLetter Law Journal 41 (Spring 2009) Anniversaries are a time to reflect, to reexamine the present and look toward the future by taking account of the past. The 25th anniversary of the Harvard BlackLetter Law Journal is a momentous occasion. Generations of law students have worked, often late into the night, to produce a quality journal of race and law scholarship. Although in its... 2009  
Mary L. Heen ENDING JIM CROW LIFE INSURANCE RATES 4 Northwestern Journal of Law & Social Policy 360 (Fall, 2009) How people count and measure embodies certain assumptions about the thing they are counting; this was true in the nineteenth century, and it is equally true today. [E]ver since the 1880's, Negroes have been subject to differential treatment by white insurance companies in that some of them, at that time, started to apply higher premium schedules... 2009  
Michael Kogut MAKING THE CASE: DID THE GOVERNMENT'S RESPONSE TO HURRICANE KATRINA VIOLATE THE EQUAL PROTECTION CLAUSE? 11 Scholar: St. Mary's Law Review on Minority Issues 127 (Winter 2009) Abstract. 127 I. The City and Residents of New Orleans. 130 II. FEMA and FEMA's Response to Hurricane Katrina. 134 III. The Supreme Court's Interpretation of the Equal Protection Clause. 139 A. Discriminatory Application. 141 IV. The Government's Response under the Equal Protection Clause. 142 A. Disparate Impact. 143 B. The Intent Requirement. 146... 2009  
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