AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Mary Crossley BLACK HEALTH MATTERS: DISPARITIES, COMMUNITY HEALTH, AND INTEREST CONVERGENCE 22 Michigan Journal of Race and Law 53 (Fall, 2016) Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... 2016  
Osagie K. Obasogie , Zachary Newman BLACK LIVES MATTER AND RESPECTABILITY POLITICS IN LOCAL NEWS ACCOUNTS OF OFFICER-INVOLVED CIVILIAN DEATHS: AN EARLY EMPIRICAL ASSESSMENT 2016 Wisconsin Law Review 541 (2016) The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... 2016  
Amanda Wong BROKEN, BRUTAL, BLOODY: THE HARMS OF VIOLENT RACIAL PORNOGRAPHY AND THE NEED FOR LEGAL ACCOUNTABILITY 8 Georgetown Journal of Law & Modern Critical Race Perspectives 225 (Spring, 2016) A black woman cries out. She is slapped hard, dragged by her hair, and pushed onto a couch, flat on her back with her head hanging over the edge. A man is on top, pinning her down as he repeatedly shoves himself into her mouth. She continues to sob. This is the realm of violent racial pornography. Maybe we should be afraid of living in a world... 2016  
Khiara M. Bridges CLASS-BASED AFFIRMATIVE ACTION, OR THE LIES THAT WE TELL ABOUT THE INSIGNIFICANCE OF RACE 96 Boston University Law Review 55 (January, 2016) Introduction. 56 I. . 61 A. The Suspect Class to Suspect Classification Shift. 64 B. The Effects of the Class-to-Classification Shift. 67 C. Lies about Race that the Class-to-Classification Shift Tells. 69 II. . 78 A. The Shared Infirmities of Race-Based and Class-Based Affirmative Action. 80 1. Meritocracy Perversion. 80 2. Inefficacy. 81 3.... 2016  
Wendy A. Bach, Lucy Jewel CLASSCRITS VIII: NEW SPACES FOR COLLABORATION AND CONTEMPLATION 45 Southwestern Law Review 779 (2016) Emerging Coalitions: Challenging the Structures of Inequality was the title of the eighth ClassCrits conference which took place on October 23-24, 2015, at the University of Tennessee College of Law. The Southwestern Law Review and the Tennessee Journal of Race, Gender, and Social Justice have graciously agreed to publish selected papers... 2016  
Claire P. Donohue CLIENT, SELF, SYSTEMS: A FRAMEWORK FOR INTEGRATED SKILLS-JUSTICE EDUCATION 29 Georgetown Journal of Legal Ethics 439 (Spring, 2016) As scholars and administrators look to experiential learning and clinical education specifically to cultivate practice-ready law school graduates there is worry amongst some clinicians that they must sanitize the experiential learning experience of its social justice bent, or at the very least dilute it, so as to make it marketable to the legal... 2016  
Laura E. Gómez CONNECTING CRITICAL RACE THEORY WITH SECOND GENERATION LEGAL CONSCIOUSNESS WORK IN OBASOGIE'S BLINDED BY SIGHT 41 Law and Social Inquiry 1069 (Fall, 2016) Obasogie, Osagie K. 2013. Blinded by Sight: Seeing Race Through the Eyes of the Blind. Stanford, Ca: Stanford University Press. Sociologist and legal scholar Osagie Obasogie's study of how blind people see race reveals the usually invisible, taken-for-granted mechanisms that reproduce racism. In Blinded by Sight, he distinguishes racial... 2016  
Steven L. Nelson DIFFERENT SCRIPT, SAME CASTE IN THE USE OF PASSIVE AND ACTIVE RACISM: A CRITICAL RACE THEORY ANALYSIS OF THE (AB)USE OF "HOUSE RULES" IN RACE-RELATED EDUCATION CASES 22 Washington and Lee Journal of Civil Rights and Social Justice 297 (Summer, 2016) C1-3Table of Contents I. Introduction. 298 II. The Half-Hearted Attempt to Desegregate Schools: The Creation of a White Power to Dictate the Pace of Forgiveness via Brown and its Progeny. 300 A. The Illusion of Forced Integration: The Court's Approval of Integration on the Terms of Whites. 301 B. The Delusional Responses to Efforts to Forcibly... 2016  
Jeremy Thompson ELIMINATING ZERO TOLERANCE POLICIES IN SCHOOLS: MIAMI-DADE COUNTY PUBLIC SCHOOLS' APPROACH 2016 Brigham Young University Education and Law Journal 325 (2016) The United States has the highest prison population rate in the world. As a result, taxpayers spend over several billion dollars a year on prison costs. At a time where the United States has the highest incarceration rate and the highest amount of debt in history, saving money by reducing the prison population should be one of the highest... 2016  
Ruth Gordon ESSAYS IN HONOR OF DR. MARTIN LUTHER KING, JR. 61 Villanova Law Review 537 (2016) I must congratulate my colleague, Michelle Dempsey, for her brilliant idea to honor the sixtieth anniversary of the Villanova Law Review through reflections by Villanova Law Faculty on pioneering Law Review articles. It is both an honor for the Law Review and an acknowledgement of the talents of my esteemed colleagues. Still, when asked to be part... 2016  
George A. Martínez FURTHER THOUGHTS ON RACE, AMERICAN LAW, AND THE STATE OF NATURE: ADVANCING THE MULTIRACIAL PARADIGM SHIFT AND SEEKING PATTERNS IN THE AREA OF RACE AND LAW 85 UMKC Law Review 105 (Fall, 2016) Philosophy reveals what is hidden. It discloses or makes things comprehensible or understandable. In my article on Race, American Law and the State of Nature, I have sought to use philosophical theory-- state of nature theory--as a way to understand American law and issues of race. Philosophical state of nature theory reveals or discloses what is... 2016  
Rae Langton, University of Cambridge, Cambridge, UK, e-mail: rhl27@cam.ac.uk HATE SPEECH AND THE EPISTEMOLOGY OF JUSTICE JEREMY WALDRON: THE HARM IN HATE SPEECH. HARVARD UNIVERSITY PRESS, CAMBRIDGE, MA, 2012 10 Criminal Law and Philosophy 865 (December, 2016) Published online: 16 November 2014 © Springer Science+Business Media Dordrecht 2014 Abstract In The Harm in Hate Speech Waldron's most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards... 2016  
Jennifer Hendry , Melissa L. Tatum HUMAN RIGHTS, INDIGENOUS PEOPLES, AND THE PURSUIT OF JUSTICE 34 Yale Law and Policy Review 351 (Spring 2016) Introduction. 352 I. The Rights-Based Approach and Indigenous Alternatives. 354 A. The Functioning, Origins, and Critique of the Rights-Based Approach. 355 B. Indigenous Alternatives. 360 II. Failures of the Right-Based Approach. 364 A. Conflicts Between Sovereign Governments. 365 B. Disputes over Regulatory Issues. 368 C. Individual Claims. 370 D.... 2016  
Mark E. Steiner INCLUSION AND EXCLUSION IN AMERICAN LEGAL HISTORY 23 Asian American Law Journal 69 (2016) I. Introduction. 69 II. American Legal History Casebooks. 72 III. Survey Texts. 78 IV. Introductory Texts. 86 V. Margins and Mainstreams. 91 VI. Conclusion. 98 2016  
Gwendolyn M. Leachman INSTITUTIONALIZING ESSENTIALISM: MECHANISMS OF INTERSECTIONAL SUBORDINATION WITHIN THE LGBT MOVEMENT 2016 Wisconsin Law Review 655 (2016) Introduction. 655 I. Essentialism, Identity Politics, and LGBT Movement Critique. 658 A. Intersectionality and Strategic Essentialism. 659 B. Strategic Essentialism & Structural Racism. 661 II. An Institutional Perspective on Intersectional Marginalization Within Social Movements. 664 A. Institutional Research in Sociology. 664 B. Institutional... 2016  
Adrien K. Wing IS THERE A FUTURE FOR CRITICAL RACE THEORY? 66 Journal of Legal Education 44 (Autumn, 2016) We all know that the legal academy is in a crisis that does not appear to have an end in sight. As many law school enrollments plummet, some institutions may even face closure or merger. As experiential requirements increase but resources do not, some may query whether many schools should just ensure that their students can meet all the... 2016  
Marc-Tizoc González LA GRAN LUCHA: LATINA AND LATINO LAWYERS, BREAKING THE LAW ON PRINCIPLE, AND CONFRONTING THE RISKS OF REPRESENTATION 13 Hastings Race and Poverty Law Journal 61 (Winter, 2016) Chicana, Chicano, and Mexican American law professors are rare in the United States. Although Michael A. Olivas began to teach law in 1982, three decades after the first Mexican American law professor (Carlos Cadena in 1952), Professor Olivas holds the distinction of being regarded as the Dean of Latina and Latino (Latina/o) law professors in the... 2016  
Clark Freshman , Shauna Shapiro , Sarah de Sousa MINDFUL "JUDGING" 1.5: THE SCIENCE OF ATTENTION, "LIE DETECTION," AND BIAS REDUCTION - WITH KINDNESS 2016 Journal of Dispute Resolution 281 (Fall, 2016) Federal Judge Jeremy Fogel, Director of the Federal Judicial Center, recently published Mindfulness and Judging on the Center's official website. From one view, this further confirms the growing embrace of mindfulness in law. Yet some still doubt mindfulness and the science behind its effectiveness. At a recent conference on mindfulness and legal... 2016  
Allyssa Villanueva POLICE TERROR AND OFFICER INDEMNIFICATION 13 Hastings Race and Poverty Law Journal 201 (Winter, 2016) On May 6, 2012, Oakland Police Officers Miguel Masso and Joseph Fesmire initiated a stop of Alan Bluford and two friends in Oakland, CA. The facts are disputed but the altercation escalated resulting in Bluford sustaining three fatal gunshot wounds from Officer Masso. Bluford was an 18-year-old high school senior. No weapons were found on Bluford... 2016  
Janine Young Kim RACIAL EMOTIONS AND THE FEELING OF EQUALITY 87 University of Colorado Law Review 437 (Spring 2016) This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial... 2016  
Shaun Ossei-Owusu RACIAL HORIZONS AND EMPIRICAL LANDSCAPES IN THE POST-ACA WORLD 2016 Wisconsin Law Review 493 (2016) Introduction. 493 The Subfields. 497 A. Medical Anthropology and Community Health Needs Assessments. 497 B. Medical Sociology. 501 1. Sociology in Medicine and Accountable Care Organizations. 501 2. Sociology of Medicine and Workforce Diversity. 504 3. Sociology of Health, the Employer Mandate, and Coverage Gaps. 508 C. Health Economics and... 2016  
Anthony V. Alfieri REBELLIOUS PEDAGOGY AND PRACTICE 23 Clinical Law Review 5 (Fall, 2016) Gerald López's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, López's interdisciplinary investigation of the local, sociocultural context of the... 2016  
Camille Gear Rich RECLAIMING THE WELFARE QUEEN: FEMINIST AND CRITICAL RACE THEORY ALTERNATIVES TO EXISTING ANTI-POVERTY DISCOURSE 25 Southern California Interdisciplinary Law Journal 257 (Spring 2016) I. INTRODUCTION. 258 II. REFRAMING AND RECLAIMING THE WELFARE QUEEN. 264 A. Historical Relic or Current Reality? Understanding the Role of the Welfare Queen. 264 B. Charting A Way Forward: Reclaiming the Welfare Queen. 270 III. UNDERSTANDING THE WELFARE QUEEN: CONFERENCE PANELS AND DISCUSSIONS. 276 A. The Disciplinary Power of the Welfare Queen.... 2016  
Osagie K. Obasogie RESPONSE TO GÓMEZ AND OMI AND WINANT 41 Law and Social Inquiry 1078 (Fall, 2016) Obasogie, Osagie K. 2013. Blinded by Sight: Seeing Race Through the Eyes of the Blind. Stanford, CA: Stanford University Press. Laura Gómez and Michael Omi and Howard Winant offer thoughtful commentaries on Blinded by Sight: Seeing Race Through the Eyes of the Blind that expand an important discussion on the constructed and constitutive aspects of... 2016  
John T. Bennett THE HARM IN HATE SPEECH: A CRITIQUE OF THE EMPIRICAL AND LEGAL BASES OF HATE SPEECH REGULATION 43 Hastings Constitutional Law Quarterly 445 (Spring, 2016) Proposals to regulate hate speech are often premised on the societal consequences of racist or sexist speech: mainly, the psychological toll of bigotry on minorities and widespread gender or racial inequalities in American life. Specifically, proposals for hate speech regulation rest on two largely unexamined premises: that hate speech causes... 2016  
Lisa C. Ikemoto THE SOCIAL TRANSMISSION OF RACISM 51 Tulsa Law Review 531 (Winter 2016) OSAGIE K. OBASOGIE, BLINDED BY SIGHT: SEEING RACE THROUGH THE EYES OF THE BLIND (STANFORD UNIVERSITY PRESS 2014). PP. 269. PAPERBACK $ 24.95. ROBERT WALD SUSSMAN, THE MYTH OF RACE: THE TROUBLING PERSISTENCE OF AN UNSCIENTIFIC IDEA (HARVARD UNIVERSITY PRESS 2014). PP. 374. PAPERBACK $ 19.95. At first glance, the reason for pairing Robert Wald... 2016  
Robert S. Chang WILL LGBT ANTIDISCRIMINATION LAW FOLLOW THE COURSE OF RACE ANTIDISCRIMINATION LAW? 100 Minnesota Law Review 2103 (May, 2016) On June 26, 2015, the United States Supreme Court in Obergefell v. Hodges made marriage equality the law of the land. In this ruling, the Court burnished its reputation as an institution that safeguards civil rights for all. Consider the Court's opening line in Obergefell: The Constitution promises liberty to all within its reach, a liberty that... 2016  
Lindsay Pérez Huber "COMO UNA JAULA DE ORO" (IT'S LIKE A GOLDEN CAGE): THE IMPACT OF DACA AND THE CALIFORNIA DREAM ACT ON UNDOCUMENTED CHICANAS/LATINAS 33 Chicana/o-Latina/o Law Review 91 (2015) This study utilizes a Latina/o Critical Theory (LatCrit) framework to examine how undocumented and formerly undocumented Chicana/Latina college graduates are impacted by the California DREAM Act (Development, Relief and Education for Alien Minors Act, S 1291) and DACA (Deferred Action for Childhood Arrivals), recent state and federal policies meant... 2015  
Tonya L. Brito , David J. Pate, Jr. , Jia-Hui Stefanie Wong "I DO FOR MY KIDS": NEGOTIATING RACE AND RACIAL INEQUALITY IN FAMILY COURT 83 Fordham Law Review 3027 (May, 2015) Socio-legal scholarship examining issues of access to justice is currently experiencing a renaissance. Renewed inquiry into this field is urgently needed. Studies confirm that only 20 percent of the legal needs of low-income communities are met and that the vast majority of unrepresented litigants are low income, creating what some call a justice... 2015  
Waleska Suero "WE DON'T THINK OF IT AS SEXUAL HARASSMENT": THE INTERSECTION OF GENDER & ETHNICITY ON LATINAS' WORKPLACE SEXUAL HARASSMENT CLAIMS 33 Chicana/o-Latina/o Law Review 129 (2015) [T]hat's right, we don't think of it as sexual harassment . In the workplace, sexual harassment is broadly defined as the making of unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Workplace sexual harassment may arise as a single occurrence where sexual favors are demanded in... 2015  
Bryan Scott Ryan ALLEVIATING OWN-RACE BIAS IN CROSS-RACIAL IDENTIFICATIONS 8 Washington University Jurisprudence Review 115 (2015) Over the past 80 years, courts, social scientists, and legal scholars have come to agree that eyewitness testimony is largely unreliable due to a variety of confounding factors. One prominent factor that makes eyewitness testimony faulty is own-race bias; individuals are generally better at recognizing members of their own race and tend to be... 2015  
Frank Rudy Cooper ALWAYS ALREADY SUSPECT: REVISING VULNERABILITY THEORY 93 North Carolina Law Review 1339 (June, 2015) Martha Fineman proposes a post-identity vulnerability approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people's burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural... 2015  
Mario L. Barnes CRIMINAL JUSTICE FOR THOSE (STILL) AT THE MARGINS--ADDRESSING HIDDEN FORMS OF BIAS AND THE POLITICS OF WHICH LIVES MATTER 5 UC Irvine Law Review 711 (November, 2015) Americans believe in the reality of race as a defined, indubitable feature of the natural world. Racism--the need to ascribe bone-deep features to people and then humiliate, reduce, and destroy them--inevitably follows from this inalterable condition. In this way, racism is rendered as the innocent daughter of Mother Nature, and one is left to... 2015  
Nicole Gonzalez Van Cleve , Lauren Mayes CRIMINAL JUSTICE THROUGH "COLORBLIND" LENSES: A CALL TO EXAMINE THE MUTUAL CONSTITUTION OF RACE AND CRIMINAL JUSTICE 40 Law and Social Inquiry 406 (Spring, 2015) A central paradox defines the scholarship of criminal justice and race: while racial disparities manifest throughout the criminal justice system, it is often portrayed as raceneutral. We identify two central paradigm shifts: one in penology (that focuses on risk) and one in racial ideology (that focuses on colorblindness) that create a perfect... 2015  
Alina S. Ball DISRUPTIVE PEDAGOGY: INCORPORATING CRITICAL THEORY IN BUSINESS LAW CLINICS 22 Clinical Law Review 1 (Fall 2015) The discourse of business law clinics, which extensively emphasizes their value in practical skills training, can obscure the intellectual contributions of business law clinicians within the legal academy. As the number of business law clinics across the country increases, clinical education literature must incorporate a deeper understanding of the... 2015  
Shannon Gilreath EXAMINING CRITICAL RACE THEORY: OUTSIDER JURISPRUDENCE AND HIV/AIDS--A PERSPECTIVE ON DESIRE AND POWER 33 Law & Inequality: A Journal of Theory and Practice 371 (Summer, 2015) I am delighted to be part of this symposium celebrating Professor Delgado's fortieth year in teaching law. I've said before that I rarely look for heroes in the academy, primarily because I've found it to be a disappointing search. Something about careerism, or the sadomasochistic march to tenure, or both, makes it a disappointing search. But there... 2015  
Meera E. Deo FACULTY INSIGHTS ON EDUCATIONAL DIVERSITY 83 Fordham Law Review 3115 (May, 2015) Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation... 2015  
Kimani Paul-Emile FOREWORD: CRITICAL RACE THEORY AND EMPIRICAL METHODS CONFERENCE 83 Fordham Law Review 2953 (May, 2015) Everyone seems to be talking about race. From the protests that erupted in cities across the country over the failure of grand juries in Missouri and New York to indict police officers in the killing of two unarmed black men, to the racially charged statements made by the owners of professional sports teams; and the college fraternity members... 2015  
Guy-Uriel E. Charles , Luis E. Fuentes-Rohwer FOREWORD: REFLECTIONS ON OUR FOUNDING 20 Michigan Journal of Race and Law 245 (Spring, 2015) Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the disconnect between the academy and... 2015  
Angela P. Harris FROM PRECARITY TO POSITIVE FREEDOM: CLASSCRITS AT SEVEN CLASSCRITS VII SYMPOSIUM INTRODUCTION 44 Southwestern Law Review 621 (2015) The seventh ClassCrits conference, which took place November 14-15, 2014, was sponsored by the University of California - Davis School of Law and entitled Poverty, Precarity, and Work: Struggle and Solidarity in an Era of Permanent (?) Crisis. The Southwestern Law Review has kindly agreed to publish a selection of the papers presented at that... 2015  
David Stovall GUEST FEATURE ARTICLE THE FIGHT THAT MUST BE FOUGHT: REFLECTIONS ON RACE, SCHOOL, STRUGGLE AND SACRIFICE ON THE SOUTH SIDE OF CHICAGO 21 Public Interest Law Reporter 78 (Fall 2015) The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and... 2015  
Donna H. Lee INTIMATE PARTNER VIOLENCE AGAINST ASIAN AMERICAN WOMEN: MOVING FROM THEORY TO STRATEGY 28 Columbia Journal of Gender and Law 315 (2015) Despite theoretical advances in understanding intimate partner violence (IPV), practical strategies for addressing the destruction it wreaks on individuals, families, and communities have stagnated. Criminal prosecutions of domestic violence, legal services to help IPV survivors obtain civil orders of protection, emergency shelters, and social... 2015  
Tamar R. Birckhead , Katie Rose Guest Pryal INTRODUCTION 93 North Carolina Law Review 1211 (June, 2015) The News and Observer (Raleigh, N.C.) recently reported that, on a national scale, studies estimate between 15 and 20 percent of jail and prison inmates have a serious mental illness. However, due to lack of state and federal resources and a punitive, rather than treatment-oriented approach to misconduct, the mentally ill are often incarcerated... 2015  
Roy L. Brooks , Kelly C. Smith JURIDICAL SUBORDINATION 52 San Diego Law Review 825 (November 1, 2015) Introduction. 826 I. The Spirit of Brown. 828 A. Supreme Court's Inglorious Racial History. 828 1. Dred Scott v. Sandford. 832 2. United States v. Cruikshank. 834 3. United States v. Reese. 837 4. The Civil Rights Cases. 840 5. Plessy v. Ferguson. 844 6. Williams v. Mississippi. 846 7. Giles v. Harris. 847 B. Moving Toward Redemption. 849 1.... 2015  
Charles R. Lawrence III , Featuring a Poem by Kathy Jetnil-Kijiner LOCAL KINE IMPLICIT BIAS: UNCONSCIOUS RACISM REVISITED (YET AGAIN) 37 University of Hawaii Law Review 457 (Spring, 2015) In 1987, I introduced the idea that anti-discrimination law should take cognizance of unconscious bias in an article titled The Id, The Ego and Equal Protection: Reckoning with Unconscious Racism. I argued that the purposeful intent requirement found in Supreme Court equal protection doctrine and in the Court's interpretation of anti-discrimination... 2015  
L. Song Richardson POLICE RACIAL VIOLENCE: LESSONS FROM SOCIAL PSYCHOLOGY 83 Fordham Law Review 2961 (May, 2015) The recent rash of police killing unarmed black men has brought national attention to the persistent problem of policing and racial violence. These cases include the well-known and highly controversial death of Michael Brown in Ferguson, Missouri, as well as the deaths of twelve-year-old Tamir Rice in Cleveland, Ohio; Eric Garner in Staten Island,... 2015  
Osagie K. Obasogie , Julie N. Harris-Wai , Katherine Darling , Carolyn Keagy , Michael Levesque RACE IN THE LIFE SCIENCES: AN EMPIRICAL ASSESSMENT, 1950--2000 83 Fordham Law Review 3089 (May, 2015) The mainstream narrative regarding the evolution of race as an idea in the scientific community is that biological understandings of race dominated throughout the nineteenth and twentieth centuries up until World War II, after which a social constructionist approach is thought to have taken hold. Many believe that the horrific outcomes of the most... 2015  
Khiara M. Bridges RACE MATTERS: WHY JUSTICE SCALIA AND JUSTICE THOMAS (AND THE REST OF THE BENCH) BELIEVE THAT AFFIRMATIVE ACTION IS CONSTITUTIONAL 24 Southern California Interdisciplinary Law Journal 607 (Summer 2015) RACE MATTERS: WHY JUSTICE SCALIA AND JUSTICE THOMAS (AND THE REST OF THE BENCH) BELIEVE THAT AFFIRMATIVE ACTION IS CONSTITUTIONAL. 607 I. INTRODUCTION. 609 II. THE (IMAGINED) DANGERS OF USING RACE IN LAW. 615 A. The Injury of Racial Classifications: The Denial of Individuality. 617 B. Race: Individuating or Deindividuating?. 619 1. The Case for the... 2015  
Cassia Spohn RACE, CRIME, AND PUNISHMENT IN THE TWENTIETH AND TWENTY-FIRST CENTURIES 44 Crime and Justice 49 (2015) Flagrant and widespread racism that characterized the criminal justice system during the early part of the twentieth century has largely been eliminated, but racial disparities persist. Whether because of overt racism, implicit bias, or laws and practices that have racially disparate effects, black (and Hispanic) men and women make up a... 2015  
Cheryl I. Harris RICCI V. DESTEFANO: LOST AT THE INTERSECTION 91 Denver University Law Review 1121 (2015) The contestation over the Ricci decision largely framed the question as whether New Haven's action, cancelling the promotional lists for the fire department, was justified by the desire to avoid disparate impact liability or was an improper form of discrimination against whites. While critics cited evidence of racial disparity in the supervisory... 2015  
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36