AuthorTitleCitationSummaryYear
Leslye E. Orloff, Mary Ann Dutton, Giselle Aguilar Hass, Nawal Ammar BATTERED IMMIGRANT WOMEN'S WILLINGNESS TO CALL FOR HELP AND POLICE RESPONSE 13 UCLA Women's Law Journal 43 (Fall/Winter 2003) This Article examines the barriers that battered immigrant women face when contacting the police for assistance in stopping or escaping intimate partner violence. It analyzes partial results from a large-scale research project undertaken by Ayuda, Inc. from 1992 to 1995 meant to assess the needs of immigrant Latinas in the Washington D.C.... 2003
Naomi Mezey ERASURE AND RECOGNITION: THE CENSUS, RACE AND THE NATIONAL IMAGINATION 97 Northwestern University Law Review 1701 (Summer 2003) The census is one of our relatively few national, secular ceremonies. It provides a sense of social cohesion, and a kind of non-religious communion: we enter the census apparatus as individual identities with a handful of characteristics; then later we receive from the census a group snapshot of ourselves at the ceremony date. -- William Kruskal... 2003
David R. Williams RACE, HEALTH, AND HEALTH CARE 48 Saint Louis University Law Journal 13 (Fall 2003) This Article provides an overview of racial and ethnic disparities in health status in the United States and describes the complex ways in which race, ethnicity and socioeconomic status (SES) combine to affect the distribution of disease. It outlines the multiple factors that contribute to racial differences in health status at equivalent levels... 2003
Matt Boucher TURNING A BLIND (WHITE) EYE IN LEGISLATING MENTAL HEALTH PARITY: THE UNMET, OVERLOOKED NEEDS OF THE WORKING POOR IN RACIAL AND ETHNIC MINORITY COMMUNITIES 19 Journal of Contemporary Health Law and Policy 465 (Spring, 2003) There is an eternal dispute between those who imagine the world to suit their policy, and those who correct their policy to suit the realities of the world. Albert Sorel In terms of public awareness, 1999 was a banner year for mental health in the United States. That year, then-Surgeon General David Satcher, M.D., released the first-ever... 2003
Rose Jade VOTER REGISTRATION STATUS AS A JURY SERVICE EMPLOYMENT TEST: OREGON'S RETRACTED ENDORSEMENT FOLLOWING BUCKLEY V. AMERICAN CONSTITUTIONAL LAW FOUNDATION, INC. 39 Willamette Law Review 557 (Spring 2003) I. Introduction. 558 II. Historical and Procedural Background. 561 A. Early Limitations of Jury Service in Oregon and Their Subsequent Repeal. 562 1. Race. 562 2. Gender. 566 3. Age. 568 4. Criminal History. 568 5. Occupational Exemptions. 570 B. 1975-1996: A Period of Inclusiveness. 570 C. New Restrictions on Jury Service Beginning With Ballot... 2003
Anthony (T.J.) F. Quan "RESPETA I TAOTAO TANO" : THE RECOGNITION AND ESTABLISHMENT OF THE SELF-DETERMINATION AND SOVEREIGN RIGHTS OF THE INDIGENOUS CHAMORROS OF GUAM UNDER INTERNATIONAL, FEDERAL, AND LOCAL LAW 3 Asian-Pacific Law and Policy Journal 3 (Winter 2002) A. The History of Guam and the Chamorros 1. Arrival of the Ancient Chamorros and Establishment of Culture and Society 2. The Spanish Conquest and Colonial Period 3. The 19th to 20th Centuries: Guam as a U.S. Territory, the Japanese Insurgence, and Its New Social, Political, and Economic Makeup 4. The Chamorro Community, Culture, Heritage, and... 2002
Clark D. Cunningham , Glenn C. Loury , John David Skrentny PASSING STRICT SCRUTINY: USING SOCIAL SCIENCE TO DESIGN AFFIRMATIVE ACTION PROGRAMS 90 Georgetown Law Journal 835 (April, 2002) L1-2,T2A Parable 836. L1-2,T2Introduction 836. I. Using Social Science to Map the Effects of Discrimination. 838 II. Are Affirmative Action Plans Using the Wrong Map?. 847 III. The History of Our Affirmative Action Map. 859 IV. The Use of Social Science Methods in India to Tailor Group Preferences to Lingering Effects. 874 L1-2,T2Conclusion: Tools... 2002
Sarah H. Cleveland POWERS INHERENT IN SOVEREIGNTY: INDIANS, ALIENS, TERRITORIES, AND THE NINETEENTH CENTURY ORIGINS OF PLENARY POWER OVER FOREIGN AFFAIRS 81 Texas Law Review 1 (November, 2002) I. Introduction. 3 II. Sovereignty and the Constitution. 15 A. Sovereignty. 15 B. The Constitution's Scope. 17 1. Enumerated Powers-Limited Government. 19 2. Social Contract-Membership. 20 3. Territoriality. 22 III. Inherent Power Over Indian Tribes. 25 A. Indians and Sovereignty under International Law. 28 B. The Doctrine of Discovery and The... 2002
Vernellia R. Randall RACIAL DISCRIMINATION IN HEALTH CARE IN THE UNITED STATES AS A VIOLATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION 14 University of Florida Journal of Law and Public Policy 45 (Fall, 2002) I. L2-3,T3Introduction 46. II. L2-3,T3International Convention on the Elimination of All Forms of Racial Discrimination 47. III. L2-3,T3Racial Disparity in Health Status of the U.S. Population 51. IV. L2-3,T3Institutional Racism and Racial Discrimination in the U.S. Health Care System 53. A. Lack of Economic Access to Health Care. 54 B. Barriers to... 2002
Kathay Feng , Keith Aoki , Bryan Ikegami VOTING MATTERS: APIAS, LATINAS/OS AND POST-2000 REDISTRICTING IN CALIFORNIA 81 Oregon Law Review 849 (Winter 2002) Introduction: Does Voting Matter?. 850 I. Overview of Redistricting. 855 A. The Census. 856 B. Voting Rights Law. 859 1. One Person, One Vote. 860 2. The Voting Rights Act of 1965. 863 3. The 2000 Census: Multiple Race Categories. 868 4. Traditional Redistricting Principles. 871 C. Latina/o and APIA Communities and the 1980 Redistricting Experience... 2002
Walter R. Allen, Ph.D., and Daniel Solorzano, Ph.D. AFFIRMATIVE ACTION, EDUCATIONAL EQUITY AND CAMPUS RACIAL CLIMATE: A CASE STUDY OF THE UNIVERSITY OF MICHIGAN LAW SCHOOL 12 Berkeley La Raza Law Journal 237 (2001) I. Purpose and Organization of Study. 238 A. Campus Racial Climate. 239 II. Prelude to Law School: Campus Racial Climate and the Undergraduate Experience. 240 A. Focus Group Findings: Undergraduate Feeders to the University of Michigan Law School. 242 1. Research Procedures and Participants. 242 2. Results. 244 B. Undergraduate Survey Findings. 268... 2001
Nathaniel Persily COLOR BY NUMBERS: RACE, REDISTRICTING, AND THE 2000 CENSUS 85 Minnesota Law Review 899 (February, 2001) Americans participate together in very few national activities. Unlike other countries that require universal national service, a nationwide draft, or even compulsory voting, the United States asks very little from its people as a collectivity. Filling out a census form is the exception to this general rule. Originally conceived to apportion taxes... 2001
Sandra Soo-Jin Lee , Joanna Mountain , Barbara A. Koenig THE MEANINGS OF "RACE" IN THE NEW GENOMICS: IMPLICATIONS FOR HEALTH DISPARITIES RESEARCH 1 Yale Journal of Health Policy, Law & Ethics 33 (Spring 2001) The challenge is then to analyze the causes of racism while avoiding the implication that race exists. ---Steven Miles, 1993 A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. ---Ralph Waldo Emerson, Self-Reliance, 1841 Eliminating the well-documented health disparities found within... 2001
Enid Trucios-Haynes WHY "RACE MATTERS:" LATCRIT THEORY AND LATINA/O RACIAL IDENTITY 12 La Raza Law Journal 1 (2001) Latinas/os are a force to be reckoned with, and we now require our own room in the Master's House. Yet, we must not forget it is the Master's House, and we are constrained by the basic home rule that is White supremacy. Latinas/os are not exempt from the oppression of White supremacy, yet, as a group or individually, we often are seduced into... 2001
Devon W. Carbado BLACK RIGHTS, GAY RIGHTS, CIVIL RIGHTS 47 UCLA Law Review 1467 (August, 2000) Over the past few years, an extensive body of literature has questioned the constitutional and political legitimacy of the Don't Ask, Don't Tell policy. Yet, the public discourses about this policy have received virtually no scholarly attention. In this Article, Professor Devon W. Carbado focuses on two such discourses: black antiracist and gay... 2000
Jon C. Dubin FACULTY DIVERSITY AS A CLINICAL LEGAL EDUCATION IMPERATIVE 51 Hastings Law Journal 445 (March, 2000) Look around you when you are at work; if you don't have a diverse workplace, what are you talking about at clinical conferences and in clinic classes when you are discussing issues of diversity? In the past two decades, clinical legal education has evolved from a novelty or boutique offering in law school curricula, to a relatively settled and... 2000
Jeffrey B. Teichert, J.D. RESISTING TEMPTATION IN THE GARDEN OF PARADISE: PRESERVING THE ROLE OF SAMOAN CUSTOM IN THE LAW OF AMERICAN SAMOA 3 Gonzaga Journal of International Law 2 (1999-2000) Jeffrey B. Teichert is an Associate at Budd-Falen Law Offices, P.C., in Cheyenne, Wyoming, and practices law in federal courts throughout the United States and before federal agencies. From 1994 to 1996 Mr. Teichert served as a Judicial Law Clerk to Chief Justice F. Michael Kruse and Associate Justice Lyle L. Richmond of the High Court of American... 2000
Nancy A. Wanderer ; and Catherine R. Connors CULTURE AND CRIME:KARGAR AND THE EXISTING FRAMEWORK FOR A CULTURAL DEFENSE 47 Buffalo Law Review 829 (Spring 1999) Ignorance of the law excuses no man. John Selden, Table Talk 65 (1689) [T]o constitute a crime against human laws, there must be, first, a vicious will; and secondly, an unlawful act consequent upon such a vicious will. 4 William Blackstone Commentaries *21 Anglo-American jurisprudence is a balancing act of competing rights. The two quotes... 1999
Hiroshi Fukurai SOCIAL DE-CONSTRUCTION OF RACE AND AFFIRMATIVE ACTION IN JURY SELECTION 4 African-American Law and Policy Report 17 (Fall, 1999) Recent race riots offer powerful and disturbing images and evidence of the cost of ignoring the apparent unfairness of court decisions made by all white juries. In the eyes of many marginalized segments of the community, the conviction of a black defendant or acquittal of a white defendant by an all white jury, against overwhelming evidence of his... 1999
Hiroshi Fukurai SOCIAL DE-CONSTRUCTION OF RACE AND AFFIRMATIVE ACTION IN JURY SELECTION 11 La Raza Law Journal 17 (Spring, 1999) Recent race riots offer powerful and disturbing images and evidence of the cost of ignoring the apparent unfairness of court decisions made by all white juries. In the eyes of many marginalized segments of the community, the conviction of a black defendant or acquittal of a white defendant by an all white jury, against overwhelming evidence of his... 1999
Tanya Katerí Hernández "MULTIRACIAL" DISCOURSE: RACIAL CLASSIFICATIONS IN AN ERA OF COLOR-BLIND JURISPRUDENCE 57 Maryland Law Review 97 (1998) Introduction. 98 I. The Background and Motivation of the Multiracial Category Movement. 106 II. The Adverse Consequences of Multiracial Discourse. 115 A. The Reaffirmation of the Value of Whiteness in Racial Hierarchy. 115 B. The Dissociation of a Racially Subordinated Buffer Class from Equality Efforts. 121 C. The Continuation of the Color-Blind... 1998
Melanie Ryan Beyers AFFIRMATIVE ACTION IN POST-SECONDARY EDUCATION: WHEN RACE MATTERS 1997 Detroit College of Law at Michigan State University Law Review 955 (Fall, 1997) C1-2Table of Contents Introduction. 955 I. The Rationale Behind Affirmative Action-Attempting to Reverse Past Discrimination. 957 A. The Evolution of Affirmative Action. 957 B. Affirmative Action in Different Contexts. 961 1. As a Remedy for Past Employment Discrimination. 961 2. Drawing of Election Districts. 965 3. Racial Preferences in... 1997
Keith Aoki CRITICAL LEGAL STUDIES, ASIAN AMERICANS IN U.S. LAW & CULTURE, NEIL GOTANDA, AND ME 4 Asian Law Journal 19 (May, 1997) The author offers a personal reflection on how Neil Gotanda's contributions to Asian American legal scholarship helped him become Asian American when the author used Gotanda's writings and teaching materials for a class. I was born in 1955, but did not become an Asian American until sometime during the summer of 1994. Please allow me to explain... 1997
John O. Calmore EXPLORING MICHAEL OMI'S "MESSY" REAL WORLD OF RACE: AN ESSAY FOR "NAKED PEOPLE LONGING TO SWIM FREE" 15 Law & Inequality: A Journal of Theory and Practice 25 (Winter 1997) The real world is messy with no clear answers. Nothing demonstrates this convolution better than the social construction of racial and ethnic categories. --Michael Omi What strikes me here is that you are an American talking about American society, and I am an American talking about American society--both of us very concerned with it--and yet your... 1997
Enid Trucios-Haynes LATINO/AS IN THE MIX: APPLYING GOTANDA'S MODELS OF RACIAL CLASSIFICATION AND RACIAL STRATIFICATION 4 Asian Law Journal 39 (May, 1997) The author acknowledges the pioneering effect Professor Neil Gotanda's work has had on the discussion of racial discourse to include the racial oppression of Asian/Pacific Islander Americans. According to the author, Professor Gotanda's analytical model to examine the social practice of race contains three elements. Moreover, Professor Gotanda's... 1997
Darren Lenard Hutchinson OUT YET UNSEEN: A RACIAL CRITIQUE OF GAY AND LESBIAN LEGAL THEORY AND POLITICAL DISCOURSE 29 Connecticut Law Review 561 (Winter, 1997) i'm clear about why i am and how i ami cannot extricate the lesbian from my soul no more than i could the chicanai have always been both. I was mute, tongue-tied, burdened by shadows and silence. Now I speak and my burden is lightened lifted free. In the poem Tongues Untied, Marlon T. Riggs, a black gay filmmaker and writer, recounts childhood... 1997
Robert J. Sampson, Janet L. Lauritsen RACIAL AND ETHNIC DISPARITIES IN CRIME AND CRIMINAL JUSTICE IN THE UNITED STATES 21 Crime and Justice 311 (1997) Although racial discrimination emerges some of the time at some stages of criminal justice processing--such as juvenile justice--there is little evidence that racial disparities result from systematic, overt bias. Discrimination appears to be indirect, stemming from the amplification of initial disadvantages over time, along with the social... 1997
Lisa C. Ikemoto THE FUZZY LOGIC OF RACE AND GENDER IN THE MISMEASURE OF ASIAN AMERICAN WOMEN'S HEALTH NEEDS 65 University of Cincinnati Law Review 799 (Spring 1997) It is said that if you have your health, you have everything. This common wisdom expresses recognition that physical and mental health premise much of what we are, what we can do, and what we need. Status, wealth, and health are very closely linked. In part, status and wealth are interdependent with health. The Americans with Disabilities Act... 1997
Enid Trucios-Gaynes THE LEGACY OF RACIALLY RESTRICTIVE IMMIGRATION LAWS AND POLICIES AND THE CONSTRUCTION OF THE AMERICAN NATIONAL IDENTITY 76 Oregon Law Review 369 (Summer 1997) the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... 1997
Rosemary C. Hunter GENDER IN EVIDENCE: MASCULINE NORMS vs. FEMINIST REFORMS 19 Harvard Women's Law Journal 127 (Spring, 1996) One of the primary concerns of feminist legal scholarship has been to explore the gender effects of legal rules and practices in order to discover whether, and why, certain areas of law operate systematically to the advantage of men and to the disadvantage of women. This Article explores the gender effects of the rules of evidence and the conduct... 1996
Paul Knepper, Ph.D. RACE, RACISM AND CRIME STATISTICS 24 Southern University Law Review 71 (Fall, 1996) Canada's public debate about the collection of race-coded crime statistics has entered its seventh year. In 1992, the Justice Information Council issued a moratorium on the release of national race-crime statistics. The announcement followed the furor that erupted two years earlier when the Canadian Centre for Justice Statistics announced that it... 1996
Luis Angel Toro "A PEOPLE DISTINCT FROM OTHERS": RACE AND IDENTITY IN FEDERAL INDIAN LAW AND THE HISPANIC CLASSIFICATION IN OMB DIRECTIVE NO. 15 26 Texas Tech Law Review 1219 (1995) I. INTRODUCTION. 1219 II. DEFINITIONS OF TERMS. 1223 III. BIOLOGICAL RACE, DIRECTIVE NO. 15, AND THE IMMIGRANT ANALOGY. 1225 IV. RACE AND IDENTITY IN U.S. LAW AND INDIGENOUS TRADITION. 1230 V. RACE AND IDENTITY IN CONTEMPORARY JURISPRUDENCE. 1238 VI. DIRECTIVE NO. 15 AND THE SOCIAL CONSTRUCTION OF RACE. 1243 VII. CHICANOS AS A RACIALIZED MINORITY... 1995
Marybeth Herald DOES THE CONSTITUTION FOLLOW THE FLAG INTO UNITED STATES TERRITORIES OR CAN IT BE SEPARATELY PURCHASED AND SOLD? 22 Hastings Constitutional Law Quarterly 707 (Spring 1995) Introduction. 708 I. The Constitution and the Territories: A Brief History. 713 A. The Supreme Court and the Territories. 713 B. Federal Appellate Court Interpretation of the Insular Cases. 719 1. Jury Trials and War Claims -- The D.C. Circuit Expands Constitutional Protections. 719 2. The Ninth Circuit Narrows Constitutional Protections. 721 II.... 1995
Lawrence O. Gostin THE RESURGENT TUBERCULOSIS EPIDEMIC IN THE ERA OF AIDS: REFLECTIONS ON PUBLIC HEALTH, LAW, AND SOCIETY 54 Maryland Law Review 1 (1995) L1-2Introduction 3 I. Tuberculosis: Biological, Clinical, and Epidemiological Foundations . 8 A. Epidemiology: Current Incidence and Prevalence . 9 B. Causative Agent and Stages of Tuberculosis . 13 C. Multidrug-Resistant Tuberculosis . 15 D. Diagnosis: Testing and Screening . 17 1. Diagnosing the Infection: The Tuberculin Skin Test . 17 2.... 1995
Angelo N. Ancheta COMMUNITY LAWYERING 1 Asian Law Journal 189 (May, 1994) Give us something we can use. For those of us engaged in the practice of law for social change, this is a familiar admonition directed at scholars who have developed theories on the transformation of law and the legal system. Critical legal studies, feminist legal theory, and critical race theory -schools of thought that challenge the assumptions... 1994
Edward M. Chen GARCIA v. SPUN STEAK CO.: SPEAK-ENGLISH-ONLY RULES AND THE DEMISE OF WORKPLACE PLURALISM 1 Asian Law Journal 155 (May, 1994) The increasing number of Asian Pacific Islander and Latino immigrants to the United States has fueled the recent swell of litigation over language rights in the workplace. Under Title VII of the Civil Rights Act of 1964, language-based discrimination-including accent discrimination and rules prohibiting the use of non-English languages in the... 1994
Julie C. Lythcott-Haims WHERE DO MIXED BABIES BELONG? RACIAL CLASSIFICATION IN AMERICA AND ITS IMPLICATIONS FOR TRANSRACIAL ADOPTION 29 Harvard Civil Rights-Civil Liberties Law Review 531 (Summer, 1994) The transracial adoption debate in this country centers around the controversial practice of race-matching, whereby adoptable children wait in foster homes or institutions, sometimes for years, until parents of the same race as the child can be found. Most White children endure little or no wait because the number of White parents seeking to... 1994
Angelo N. Ancheta COMMUNITY LAWYERING 81 California Law Review 1363 (October, 1993) Give us something we can use. For those of us engaged in the practice of law for social change, this is a familiar admonition directed at scholars who have developed theories on the transformation of law and the legal system. Critical legal studies, feminist legal theory, and critical race theory schools of thought that challenge the assumptions... 1993
Paul Finkelman THE CRIME OF COLOR 67 Tulane Law Review 2063 (June, 1993) I. Introduction. 2063 II. The Arrival of Blacks in Colonial America. 2070 III. Race and Religion. 2073 A. Black Christians in Early Virginia. 2073 B. Heathens, Conversion, and Slavery in Virginia. 2074 C. South Carolina. 2075 D. Other Colonies. 2076 IV. The Criminalization of Race in Early Virginia. 2077 A. Regulating Servants and the Emergence of... 1993
June K. Inuzaka WOMEN OF COLOR AND PUBLIC POLICY: A CASE STUDY OF THE WOMEN'S BUSINESS OWNERSHIP ACT 43 Stanford Law Review 1215 (July, 1991) [T]he most difficult challenge facing the activist is to respond fully to the needs of the moment and to do so in such a way that the light one attempts to shine on the present will simultaneously illuminate the future. This essay is a personal work based on my experiences as an attorney and woman of color working in the national feminist community... 1991
by Peter G. Kilgore IDENTIFYING EMPLOYEES FOR PURPOSES OF EEO COMPLIANCE: OPENING PANDORA'S BOX 30 Federal Bar News and Journal 445 (November, 1983) Identification of race and ethnic status is an essential factor in determining an employer's compliance with various equal employment opportunity laws. Statistical evidence of the minority composition of an employer's workforce is used in determining whether discrimination has occurred under Title VII of the Civil Rights Act of 1964 and in... 1983
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