AuthorTitleCitationSummaryYearKey terms In Title or Summary
Charlton C. Copeland Private Pathologies and Public Policies: Race, Class, and the Failure of Child Welfare 20 Yale Law and Policy Review 513 (2002) As scholars and journalists focus their attention on the problems of racial profiling, increased incarceration among young black men, and their effects on the larger black community, Professor Dorothy Roberts calls our attention to the intersections of race and gender in modern interactions with the child welfare system. In an earlier work, Killing...; Search Snippett: ...1999); Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America (1995); Farah Brelvi, Un-American Activities: Racial Profiling and the Blacklash After Sept. 11, 48 Fed. Lawyer 69 (2001); D.J. Silton, U.S. Prisons and Racial Profiling: A Covertly Racist Nation Rides a Vicious Cycle, 20 Law & Ineq. 53 (2002) ; Madeline Baro Diaz, Muslims: Incidents of Bias Go Unreported; Community Leaders 2002  
Susan M. Akram , Kevin R. Johnson Race, Civil Rights, and Immigration Law after September 11, 2001: the Targeting of Arabs and Muslims 58 New York University Annual Survey of American Law 295 (2002) Although only time will tell, September 11, 2001, promises to be a watershed in the history of the United States. After the tragic events of that day, including the hijacking of four commercial airliners for use as weapons of mass destruction, America went to war on many fronts, including but not limited to military action in Afghanistan. As... 2002 Yes
Lori Sachs September 11, 2001: the Constitution During Crisis: a New Perspective 29 Fordham Urban Law Journal 1715 (April, 2002) At 8:48 a.m. on September 11, 2001, the first of two hijacked planes crashed into the north tower of the World Trade Center in New York City. By 10:28 a.m., the worst attack on American soil had ended, but the nation had not yet begun to react. Four flights had been hijacked that day: two crashed into the World Trade Center, one into the Pentagon,...; Search Snippett: ...Middle Eastern descent); Cecilia M. Vega, Reprisals Worry Arab-Americans, Muslims, Remember Racial Attacks That Followed Oklahoma City Bombing, Press Democrat, Sept. 12... 2002  
Nancy Ehrenreich Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems 71 UMKC Law Review 251 (Winter 2002) I. INTRODUCTION: THE PERIL AND PROMISE OF IDENTITY THEORY. 52 II. DANGERS OF THE DISCOURSE OF DISTINCTNESS. 258 A. The Divide-and-Conquer Tactic. 259 B. The Implication-of-Impurity Tactic. 262 III. IDENTITY THEORY, INTERSECTIONALITY, AND THE ASSUMPTION OF CONFLICTING INTERESTS. 263 A. Identity Analysis and Intersectionality. 263 B....; Search Snippett: ...excuse for American imperialism. [FN163] More recent examples are the racist images of Iraqis as fanatic savages that were frequently invoked to justify United States conduct during the Gulf War (and are resurfacing in Bush... 2002  
Leti Volpp The Citizen and the Terrorist 49 UCLA Law Review 1575 (June, 2002) Since the terrorist attacks of September 11, 2001, there have been more than one thousand incidents of hate violence reported in the United States. How do we understand the emergence of this violence in a context of national tragedy? This Article suggests that September 11 facilitated the consolidation of a new identity category that groups...; Search Snippett: ...Zacarias Moussaoui, the only person currently facing charges in the United States in connection to the September 11 attacks--belie the purported effectiveness of racial profiling: Not all terrorists are persons who appear Middle Eastern, Arab, or Muslim. [FN38] And these cases in addition belie what sadly does... 2002  
John O. Calmore The Law and Culture-shift: Race and the Warren Court Legacy 59 Washington and Lee Law Review 1095 (Fall, 2002) I. L2-3,T3Introduction 1096. II. L2-3,T3Race Law: The View from Culture 1104. III. L2-3,T3City of Memphis v. Greene: The Legal Construction of Unwanted Traffic 1112. IV. L2-3,T3The Expanding Regulation of Unwanted Traffic: Vignettes Beyond the Bench 1120. A. Public Accommodations at the Adam's Mark Hotel Chain. 1122 B. Dubuque, Iowa, and the...; Search Snippett: ...them to be sexually submissive); Laura E. Gomez, Race Mattered: Racial Formation and the Politics of Crime in Territorial New Mexico... 2002  
Catherine Etheridge Otto Tracking Immigrants in the United States: Proposed and Perceived Needs to Protect the Borders of the United States 28 North Carolina Journal of International Law and Commercial Regulation 477 (Winter 2002) It is often stated that the United States is a nation of immigrants. Despite this truth, the country's leaders often have questioned the wisdom of maintaining a country that is open to immigration. The debate concerning the proper methods to track immigrants once they have entered the United States is ongoing. At several critical moments in the...; Search Snippett: ...announcement that more than 300,000 deportable immigrants are in the United States, 6,000 of which are Arab and Muslim men, concern has been raised of undue racial profiling in the hunt for terrorists. [FN270] Ibrahim Hooper, spokesman... 2002  
Marc R. Michaud Guilty but Not Responsible: the Need for a Criminal Duty to Mitigate Injuries 34 Suffolk University Law Review 629 (2001) A man driving recklessly hits another car, injuring the driver, a mother, and the back seat passenger, a four year old girl; the man is consequently charged with operating a motor vehicle to endanger. In accordance with the tenets of her religion, Christian Science, the mother refuses medical treatment both for herself and for her daughter....; Search Snippett: ...482 U.S. 342, 350-51 (1987) (rejecting prisoner's request for Muslim prayer service when timing conflicted with legitimate prison practices); Goldman... 2001  
Ali Khan Islam as Intellectual Property "My Lord! Increase Me in Knowledge." 31 Cumberland Law Review 631 (2000-2001) This article presents Islam as protected knowledge, a form of intellectual property. The Quran, the Sunna, and the unique marks and symbols of faith, together constitute the protected knowledge of Islam. These timeless assets establish a way of life devoted to none but One God. As a favor, God has placed these knowledge-based assets in an... 2001 Yes
Sheryll D. Cashin Middle-class Black Suburbs and the State of Integration: a Post-integrationist Vision for Metropolitan America 86 Cornell Law Review 729 (May, 2001) Introduction. 730 I. The Middle-Class Black Suburb. 735 A. History of Black Suburbanization, Popular Attitudes Towards Integration, and the State of Integration in the United States. 735 B. The Extent and Origins of the Middle-Class Black Suburb. 741 1. The Extent of Middle-Class Black Suburbs. 741 2. The Origins of Middle-Class Black Suburbs. 743...; Search Snippett: ...338-39 (1973) (noting that, after leaving the Nation of Islam, Malcolm X came to reject the idea of building a separate black nation in America based on racial superiority). . For an overview of the historical arguments for... 2001  
Lee A. Harris Political Autonomy as a Form of Reparations to African-americans 29 Southern University Law Review 25 (Fall 2001) I. INTRODUCTION For good reason, there has been little writing on reparations for African-Americans. After all, the notion of African-Americans receiving payment in cash is preposterous ; the argument for affirmative action as a form of reparations for African-Americans--an argument for payment in kind--is unconstitutional ; and, the idea of...; Search Snippett: ...deported. . See LEIMAN, supra note 4, at 276 ( (T)he Muslims (under the organizational name Nation of Islam) called for complete racial separation and an exodus from the American system, either as a black enclave within the geographical boundaries of America or a similar spot in Africa. . BROOKS, supra note... 2001  
Brett Anderson Recognizing Substance: Adoptees and Affiliates of Native American Tribes Claiming Free Exercise Rights 7 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Spring, 2001) is not surprising to see widespread and far reaching governmental regulations due to the current regulatory welfare state that characterizes our federal government. More and more frequently the actions of the government directly affect, regulate, or otherwise modify diverse aspects of human affairs. Sometimes the regulations are beneficial and...; Search Snippett: ...Cir. Feb. 7, 2001) (rejecting relationship between religious beliefs and racial make-up or tribal membership); Combs v. Corrections Corp. of America, 977 F. Supp. 799, 802 (W.D. La. 1997) (stating that... 2001  
Farah Brelvi Un-american Activities 48-DEC Federal Lawyer 68 (November/December, 2001) I am writing this feeling so depressed and frustrated. I am sure you all know that I am Egyptian and of Muslim faith. I was also born and raised in America. Since September 11, my family and friends of the same background have been dealing with the feelings of fear and sadness like everyone else. But we've also been dealing with more . you all know... 2001  
S.A. Jackson Islam and Affirmative Action 14 Journal of Law and Religion 405 (1999-2000) To Nadim'Abd al-Ahad...wa l-fitnatu ashaddu mina l-qatl This essay must begin with a point of clarification that is critical for those unfamiliar with Islam. While it is my belief that the view I present represents an Islamic position on Affirmative Action, I make no claim to represent the Islamic position. For far from constituting a... 2000 Yes
Berta Esperanza Hern├índez-Truyol Nativism, Terrorism, and Human Rights-the Global Wrongs of Reno V. American-arab Anti-discrimination Committee 31 Columbia Human Rights Law Review 521 (Summer, 2000) Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Wide open and unguarded stand our gates, And through them press a wild motley throng . bringing with them unknown gods and rites .. In street and...; Search Snippett: at 112 n.335 (citing Michael Omi & Howard Winant, Racial Formation in the United States: From the 1960s to the 1980s (1986), who suggest that... 2000  
Kevin Hopkins Back to Afrolantica: a Legacy of (Black) Perseverance? 24 New York University Review of Law and Social Change 447 (1998) The ancestors remind us, despite the history of pain We are a going-on people who will rise again. -- Maya Angelou Back to Africa movements have appealed to large masses of Black Americans for nearly two centuries. Leaders of these movements have exhorted blacks to leave the United States and to move to Africa or the Caribbean in order to escape...; Search Snippett: ...171. See also Barbara Kleban Mills, Predicting Disaster For A Racist America, Louis Farrakhan Envisions An African Homeland For U.S. Blacks, People, Sept. 17, 1990, at 111; Muslim Suggests Secession of Blacks, N.Y. Times, Apr. 22, 1984, at... 1998  
Mary Ann Dempsey A Shot in the Arm: Legal & Social Obstacles to United States Needle Exchange Programs 17 Boston College Third World Law Journal 31 (Winter, 1997) AIDS is now one of the 10 leading causes of death among one to four-year-olds and among 15 to 24-year-olds in the United States. In New York, it is the leading cause of death among men and women 20 to 49 years old. There is the expectation that parents will die before their children. Because of the HIV/AIDS epidemic, it is not working out that way...; Search Snippett: ...eliminate the black race. [FN168] In 1988, the Nation of Islam voiced their position on AIDS and drew clear racial lines by distributing literature claiming AIDS was an attempt by white America to destroy black America. [FN169] Besides being backed by the strong vocal leader Farrakhan... 1997  
Roy Carleton Howell Structuring and Financing Foreign Investments: Advancement of Black American Economic Interests 21 Thurgood Marshall Law Review 275 (Spring, 1996) The American marketplace, although very wealthy, has been historically hostile to Black Americans. After all, American development was advanced through exploitation of captured African slave labor. Thus, it is understandable why institutional racism is a contemporary obstacle to those of African heritage who participate within that economy....; Search Snippett: ...hand, they hymn the praise of Minister Farrakhan's (Nation of Islam) sermons condemning institutional America as racist, and advocating economic independence. [FN12] Then on the other hand... 1996  
Richard H. McAdams Cooperation and Conflict: the Economics of Group Status Production and Race Discrimination 108 Harvard Law Review 1003 (March, 1995) L1-5 PAGE I. L2-5,T2Explaining Excess Cooperation and Conflict: An Economic Theory of Social Groups. .1008 A. L3-5,T3The Empirical Evidence of Excess Cooperation. .1009 1. L4-5,T4Dilemma Experiments: Evidence of Non-Material Motivations for Cooperation. .1011 2. L4-5,T4Dilemma Experiments: Evidence of Non-Altruistic Motivations for Cooperation....; Search Snippett: ...researcher summarizes: [F]raternalistic [relative deprivation] is useful for predicting white racism and support of black political candidates in the United States, militancy among black Americans and their approval of violence to... 1995  
Leila P. Sayeh , Adriaen M. Morse, Jr. Islam and the Treatment of Women: an Incomplete Understanding of Gradualism 30 Texas International Law Journal 311 (Spring, 1995) C1-3Summary I. Introduction. 312 II. Understanding Islam. 313 A. Islam as Religion. 313 B. Islam as Jurisprudence: Principles of Interpretation. 316 III. Gradualism and Islam. 318 A. Gradualism as a Method of Interpretation. 318 B. Gradualism as Applied to Certain Practices. 319 IV. Evolution or Regression: Islam and Women. 321 A. The Age of the... 1995 Yes
Pamela S. Karlan Our Separatism? Voting Rights as an American Nationalities Policy 1995 University of Chicago Legal Forum 83 (1995) One of the salient characteristics of contemporary global politics is the disintegration of empires and multiethnic nation- states and the resurgence of separatism. The breakup of the Soviet Union, the breakdown of Yugoslavia, tribal warfare in Africa, and the emergence of separatist political parties in Western democracies such as Italy and Canada...; Search Snippett: part, of course, to a general sense of increasing racial and ethnic tension within the United States--illustrated by the Los Angeles riots, the Nation of Islam, and white-male backlash. But this tension is hardly unique... 1995  
Austin Sarat, Roger Berkowitz Disorderly Differences: Recognition, Accommodation, and American Law 6 Yale Journal of Law & the Humanities 285 (Summer, 1994) [H]ow will the prophecy come true that someday there will be only one shepherd and one flock? . . . [D]o not allow yourselves to be deluded! In order to be under the care of this omnipresent shepherd the entire flock need neither graze in one pasture nor enter and leave the master's house through a single door. This is neither what the shepherd...; Search Snippett: ...they are no longer naturally distinct. Both genetically and culturally, America's many racial groups have interacted with and molded into one another to... 1994  
Dena S. Davis Ironic Encounter: African-americans, American Jews, and the Church-state Relationship 43 Catholic University Law Review 109 (Fall, 1993) This Essay examines a paradox in contemporary American society. Jewish voters are overwhelmingly liberal and much more likely than non-Jewish white voters to support an African-American candidate. Jewish voters also staunchly support the greatest possible separation of church and state (which they refuse to distinguish from separation of religion...; Search Snippett: itself a religious movement: the Nation of Islam. [FN128] Islam, with its roots in the urban ghettoes of the North... 1993  
Christopher J. Arias-Piranio Malcolm X: Speeches at Harvard. Archie Epps. New York: Paragon House, 1991. Pp. 191. $10.95, Paper 28 Harvard Civil Rights-Civil Liberties Law Review 252 (Winter, 1993) Nearly three decades since his passing, the symbol of Malcolm X and his words continue to terrify America's privileged, to spark controversy and to engender misunderstanding. The political philosphy of Malcolm X was in constant evolution prior to his assassination and is one reason why he is simultaneously misperceived by many and proclaimed a hero...; Search Snippett: ...punish the White heathens. After breaking from the Nation of Islam, Malcolm X became a human rights leader and acknowledged that, if racism was eradicated, the United States might be a place where people of all races could... 1993  
Richard H. McAdams Relative Preferences 102 Yale Law Journal 1 (October, 1992) I. Existing Analysis of Relative Preferences A. Economic Analysis of Relative Preferences: An Issue Deferred B. A Partial Economic Analysis: The Externality of Envy C. Beyond Envy: Recent Work Concerning Positional Preferences II. A Socioeconomic Theory of Relative Preferences And Competitive Consumption A. The Source, Nature and Scope of Relative...; Search Snippett: ...reviewed ...indicates that fraternalistic RD is useful for predicting white racism and support of black political candidates in the United States, militancy among black Americans and their approval of violence to... 1992  
Lani Guinier The Triumph of Tokenism: the Voting Rights Act and the Theory of Black Electoral Success 89 Michigan Law Review 1077 (March, 1991) I. THE ROOTS OF BLACK ELECTORAL SUCCESS THEORY A. The Civil Rights Movement's Theory of Political Participation 1. Political Participation: Mobilizing the Black Community 2. Political Participation: Promoting a Social and Economic Agenda 3. Political Participation: Electing Responsive Officials B. The Evolution of a Legal Strategy of Political...; Search Snippett: eat, to attend school) and Marable, supra, at 18 ( racial integrationists consistently advocate elimination of all restrictions that keep blacks... 1991  
Thomas E. Rossmeissl, Kevin N. Starkey Prisoners' Substantive Rights 77 Georgetown Law Journal 1340 (February, 1989) Constitution guarantees the right of meaningful access to courts. This guarantee imposes an affirmative duty on prison officials to assist inmates in preparing and filing legal papers, either by establishing an adequate law library or by providing adequate assistance from persons trained in the law. Prison officials are not required to provide...; Search Snippett: ...library in both current and former names did not violate Muslim prisoner's first amendment rights, even though prisoner found former name... 1989  
Tracy Greer The Hobbs Act and Rico: a Remedy for Greenmail? 66 Texas Law Review 647 (February, 1988) From January to April 1986, Carl Icahn acquired one million shares of stock in Viacom International, Inc. In the first few days of May, Icahn purchased another 2.5 million shares, giving him control of nearly 17% of Viacom's outstanding shares. In a registration statement filed with the Securities and Exchange Commission, Icahn reported that merger...; Search Snippett: ...of forum shopping by law enforcement officials). See, e.g. United States v. Starks, 515 F.2d 112 (3d Cir. 1975) (Black Muslims prosecuted for extorting protection payments from liquor dealers); United States v. Mitchell, 463 F.2d 187, 189, 193 (8th Cir. 1972) (a Congress of Racial Equality (CORE) job developer prosecuted for threatening local retailer unless... 1988  
Neil W. Imus Jury Selection 73 Georgetown Law Journal 610 (December, 1984) Challenges to Selection Procedure. A defendant may demonstrate a violation of his sixth amendment right to a trial by an impartial jury by proving that the jury venire did not represent a fair cross-section of the community. In Duren v. Missouri, the Supreme Court held that to establish a prima facie violation, a defendant must show that: (1) the...; Search Snippett: ...of a fair trial. Id. at 191 n.7; cf. United States v. Dickens, 695 F.2d 765, 774-75 (3d Cir.1982) (jurors should be asked question regarding racial bias against Black Muslims pursuant to Rosales-Lopez because significant likelihood that racial and religious prejudice may affect trial; reversal not required when... 1984  
Rebecca Anne Ferrell Jury Selection 72 Georgetown Law Journal 550 (December, 1983) Challenges to Selection Procedure. A defendant may demonstrate a violation of his sixth amendment right to a trial by an impartial jury by proving that the jury venire did not represent a fair cross-section of the community. In Duren v. Missouri the Supreme Court held that to establish a prima facie violation a defendant must show that: (1) the...; Search Snippett: ...of a fair trial. Id. at 191 n.7; cf. United States v. Dickens, 695 F.2d 765, 774-75 (3d Cir.1982) (jurors should be asked question regarding racial bias against Black Muslims pursuant to Rosales-Lopez because significant likelihood that racial and religious prejudice may affect trial; reversal not required when... 1983  
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