AuthorTitleCitationSummaryYear
Gabrielle M. Thomas The Fearful Symmetry of Gay Rights, Religious Freedom, and Racial Equality 17 Rutgers Race & the Law Review 267 (2016) In 2008, seven-year-old Latarian Milton took the keys of his grandmother's car and went for a joy ride in Florida. After receiving calls about a driver in the vehicle who looked too short to see over the steering wheel, police officers went to investigate. It was at this time the officers watched as Latarian's joy ride came to an end, when the; Search Snippet: ...FATE OF BLACK YOUTH IN THE CRIMINAL JUSTICE SYSTEM: THE RACIALLY DISCRIMINATORY IMPLICATIONS OF PROSECUTORIAL DISCRETION AND JUVENILE WAIVER Gabrielle M... 2016
Richard Delgado , Jean Stefancic The Hope of Loving and Warping Racial Progress Narratives 51 Wake Forest Law Review 745 (Fall, 2016) If ordinary individuals may at times--at least in the movies--resolve to change and thenceforth lead better lives, can an entire society do the same? Recently, a major conference of civil rights scholars and activists addressed this very question, with roughly half of the speakers expressing faith that the United States could and would turn a new; Search Snippet: ...HOLE-IN-THE-WALL GANG VIEW OF LIFE AND AMERICA'S RACIAL FUTURE Richard Delgado [FNa1] Jean Stefancic [FNaa1] Copyright © 2016 by... 2016
  The Invasion of Racial Bias into Jury Deliberations: Examining Pena-rodriguez V. Colorado 42 New England Journal on Criminal and Civil Confinement 39 (Winter 2016) At a time when scores of impassioned debates at the intersection of criminal justice and racial discrimination are ringing throughout the United States, civil rights attorney Rahsaan Hall has taken an emboldened lead in local reform efforts as Director of American Civil Liberties Union of Massachusetts' Racial Justice Program. Attorney Hall has; Search Snippet: ...Criminal and Civil Confinement Winter 2016 Interview THE INTERSECTION OF RACIAL JUSTICE AND CRIMINAL JUSTICE IN MASSACHUSETTS: INTERVIEW WITH RAHSAAN HALL... 2016
Jonathan Oberman , Kendea Johnson The New Idea: Shifting Educational Paradigms to Achieve Racial Equality in Special Education 37 Cardozo Law Review 1075 (February, 2016) Like so many New Yorkers, my heart belongs to my neighborhood. And we deserve a city government that actually believes in our neighborhoods and sees things the way we do. Now, that may have seemed impossible in recent years, we've gotten so used to the elitists at City Hall, that the notion of government of and for and by our neighborhoods may; Search Snippet: ...of Broken Windows and Saturation Policing THE NEVER ENDING TALE: RACISM AND INEQUALITY IN THE ERA OF BROKEN WINDOWS Jonathan Oberman... 2016
Mario L. Barnes The O.j. Trial as a Metaphor for Racism in Sports 100 Minnesota Law Review 2043 (May, 2016) If race is something about which we dare not speak in polite social company, the same cannot be said of the viewing of race. How, or whether, blacks are seen depends upon a dynamic of display that ricochets between hypervisibility and oblivion. Blacks are seen everywhere, taking over the world one minute; yet the great ongoing toll of poverty and; Search Snippet: ...2016 Article THE MORE THINGS CHANGE . . .: NEW MOVES FOR LEGITIMIZING RACIAL DISCRIMINATION IN A POST-RACE WORLD Mario L. Barnes [FNd1... 2016
Demetria D. Frank The Psychological Science of Racial Bias and Policing 32 Harvard Journal on Racial & Ethnic Justice Just. 1 (Spring, 2016) Recent public exposés of excessive and unreasonable fear of young Black men in the United States, coupled with the reality that American prisons are filled disproportionately with Black men, has forced many lawmakers to examine a very painful truth--justice is certainly not colorblind. This is no new revelation, however. Nearly two decades ago,; Search Snippet: ...Spring, 2016 Article THE PROOF IS IN THE PREJUDICE: IMPLICIT RACIAL BIAS, UNCHARGED ACT EVIDENCE & THE COLORBLIND COURTROOM Demetria D. Frank... 2016
Fanna Gamal The Racial Preference Licensing Act 104 California Law Review 979 (August, 2016) Across the country, police departments are using aggressive, military-style tactics and weapons to enforce the law. More recently, the state of police militarization displayed in cities like Ferguson and Baltimore raises deep questions about the ethics of paramilitary policing and its consequences for minority citizenship and inclusion. This Note; Search Snippet: ...CALIFORNIA LAW REVIEW California Law Review August, 2016 Note THE RACIAL POLITICS OF PROTECTION: A CRITICAL RACE EXAMINATION OF POLICE MILITARIZATION... 2016
Julie Hwang The Roberts Court and Post-Racial Constitutionalism 8 Georgetown Journal of Law & Modern Critical Race Perspectives 171 (Spring, 2016) Racial disparity in the healthcare system has been criticized as one of the major social and economic problems in the United States. Racial and ethnic minorities consistently face challenges in the healthcare system and subsequently face higher mortality, lower health status, and higher propensity for certain illnesses and diseases. Challenging; Search Snippet: ...Moynihan Report: 50 Years Later Note THE ROAD TO REDUCING RACIAL DISPARITY IN THE HEALTHCARE SYSTEM: AFFORDABLE CARE ACT AS DOMESTIC... 2016
Jack M. Beermann The Role of the Defender in a Racially Disparate System 51 Tulsa Law Review 545 (Winter 2016) KENNETH R. ASLAKSON, MAKING RACE IN THE COURTROOM: THE LEGAL CONSTRUCTION OF THREE RACES IN EARLY NEW ORLEANS (NEW YORK UNIVERSITY PRESS 2014). PP. 272. HARDCOVER $ 44.46. The racial history of New Orleans is unique among American cities, as is Louisiana's among the history of American states. In the antebellum period, there were more free people; Search Snippet: ...Racism, and Law THE ROLE OF THE COURTS IN CREATING RACIAL IDENTITY IN EARLY NEW ORLEANS Jack M. Beermann [FNa1] Copyright... 2016
Lisa C. Ikemoto The Social, Psychological, and Political Causes of Racial Disparities in the American Criminal Justice System 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; Search Snippet: ...Winter 2016 Race, Racism, and Law THE SOCIAL TRANSMISSION OF RACISM Lisa C. Ikemoto [FNa1] Copyright (c) 2016 University of Tulsa... 2016
Wencong Fa The Tuskegee Syphilis Study as a Paradigm for Illegal, Racist, and Unethical Human Experimentation 24 William & Mary Bill of Rights Journal 1169 (May, 2016) Justice Scalia's concurring opinion in Ricci v. DeStefano highlighted severe conceptual tensions between the Equal Protection Clause of the Fourteenth Amendment, which protects individuals from racial discrimination, and disparate impact liability, which protects racial groups from adverse effects. Last year's Supreme Court decision in Texas; Search Snippet: ...Bill of Rights Journal May, 2016 Articles THE TROUBLE WITH RACIAL QUOTAS IN DISPARATE IMPACT REMEDIAL ORDERS Wencong Fa [FNa1] Copyright... 2016
Lezlie Kī'aha Thinking Race, Making Nation 17 Asian-Pacific Law and Policy Journal J. 1 (2016) I. Introduction. 2 II. Background. 5 A. Pre-Contact Hawai'i. 5 1. The Social Stratification of Pre-Contact Hawai'i. 5 2. The Kapu System. 6 3. Pu'uhonua as Places of Refuge. 7 B. The American Criminal Justice System. 8 C. Hawai'i's Prison System Today. 10 1. The Disparity of Native Hawaiians in the Criminal Justice System. 11 2. Incarceration for; Search Snippet: ...BARS: USING HAWAIIAN TRADITIONS AND CULTURALLY-BASED HEALING TO ELIMINATE RACIAL DISPARITIES WITHIN HAWAI'I'S CRIMINAL JUSTICE SYSTEM Lezlie K'aha [FN1] Copyright... 2016
Bryan Adamson To Purify the Ballot the Racial History of Felon Disenfranchisement in Louisiana 32 Harvard Journal on Racial & Ethnic Justice 189 (Spring, 2016) At approximately 1:30 p.m. CST on August 9, 2014, when the news broke of a shooting in Ferguson, Missouri, one disturbing picture was the first still image most of us saw. A Black male body is lying face down on the street. The picture is foregrounded by the familiar yellow POLICE LINE DO NOT CROSS barrier tape. One need not cross to see what is; Search Snippet: ...Ethnic Justice Spring, 2016 Article THUGS, CROOKS, AND REBELLIOUS NEGROES: RACIST AND RACIALIZED MEDIA COVERAGE OF MICHAEL BROWN AND THE FERGUSON... 2016
Natalie Salmanowitz Uncovering Juror Racial Bias 15 University of New Hampshire Law Review 117 (November, 2016) The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic... 2016
Derrick Darby Under the Shadow of Weimar: Democracy, Law, and Racial Incitement in Six Countries Edited by Louis Greenspan and Cyril Levitt. Westport, Connecticut: Praeger Publishers, 1993, 231 Pp. 25-SUM Kansas Journal of Law & Public Policy 329 (Summer, 2016) The Supreme Court recently removed an obstacle to making voting more burdensome in Shelby County v. Holder. It invalidated a key provision of the 1965 Voting Rights Act (VRA) that imposed a statutory requirement on certain states to secure federal permission before changing their voting laws. The states affected by Section 4(b) of the VRA, the... 2016
Michael Kent Curtis Utah Task Force on Racial and Ethnic Fairness in the Legal System 51 Wake Forest Law Review 421 (Summer, 2016) This Article (my second on the subject) focuses on new developments in the ongoing saga of North Carolina's 2011 state legislative and congressional reapportionment and gerrymander. The earlier article included a review of devices, including changes in election laws, used in North Carolina in the late nineteenth and early twentieth centuries--at... 2016
Brock A. Johnson Voting Rights--and Wrongs: the Elusive Quest for Racially Fair Elections by Abigail Thernstrom 44 Georgia Journal of International and Comparative Law 401 (2016) C1-3Table of Contents I. Introduction. 403 II. Background [U.S.]. 412 A. The Changing Face and Form of Felon Disenfranchisement Laws in the United States. 412 1. Criminal Disenfranchisement Prior to the Civil War. 414 2. In the Aftermath of the Civil War: Reconstruction and the Introduction of Race in Laws of Criminal Disenfranchisement. 415 3. The; Search Snippet: ...Law 2016 Note VOTING RIGHTS AND THE HISTORY OF INSTITUTIONALIZED RACISM: CRIMINAL DISENFRANCHISEMENT IN THE UNITED STATES AND SOUTH AFRICA Brock... 2016
Anton Chaevitch When Experience Becomes History: Sexism, Racism, and the Judicial Mind 54 Columbia Journal of Transnational Law 502 (2016) This Note examines the history of the cy pres doctrine in U.S. and English law of charitable trusts. This doctrine is the main means by which a charitable trust can be altered if it has become illegal, impracticable, or impossible to maintain it in its original form. This Note finds that, while the doctrine was essentially identical in the United... 2016
Lewis R. Katz Why "Race Matters:" Latcrit Theory and Latina/o Racial Identity 66 Case Western Reserve Law Review 923 (Summer, 2016) Street relations between the police and African-American communities have seemingly reached new levels of conflict, or else body cams and cell phones are finally disclosing the extent and truth about such interactions. The Cleveland officers who shot and killed Tamir Rice claimed that they had ordered him three times to drop the realistic toy gun; Search Snippet: ...Annual Symposium Friday, October 23, 2015 WHREN AT TWENTY: SYSTEMIC RACIAL BIAS AND THE CRIMINAL JUSTICE SYSTEM Introduction Lewis R. Katz... 2016
James Gray Pope Why Legislative Findings Can Pad-lock Redistricting Plans in Racial-gerrymandering Cases 94 Texas Law Review 1555 (June, 2016) The gap between rich and poor in the United States yawns wider than in any other first-wave industrialized country. Why? One influential explanation points to the failure of American workers to build a class-wide movement for economic redistribution and social welfare protections. While European working classes were developing durable socialist... 2016
Maria Greco-Danaher With an Evil Eye and an Unequal Hand: Pretextual Stops and Doctrinal Remedies to Racial Profiling 18 Lawyers Journal J. 7 (May 27, 2016) Most - if not all - employers are aware that both federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and know that illegal activity can include both discriminatory actions and biased statements. Most employers, however, are unaware that certain of those laws preclude discrimination by a; Search Snippet: ...AND STAFF TRAINING, EMPLOYERS COULD FACE LIABILITY FOR A NONEMPLOYEE'S RACIAL BIAS Maria Greco-Danaher Copyright © 2016 by Allegheny County Bar... 2016
Vanessa S. Browne-Barbour Yellow Skin, "White" Masks: Asian American "Impersonations" of Whiteness and the Feminist Critique of Liberal Equality 57 South Texas Law Review 551 (Summer, 2016) I. Introduction. 552 II. Background on Social Media. 553 III. Ethical Concerns in Lawyers' Social Media Use. 555 A. ABA Commission on Ethics 20/20. 555 B. Social Media and the Client-Lawyer Relationship. 556 1. Competence. 556 2. Confidentiality. 566 3. Conflict of Interests. 569 C Avoid Inadvertently Creating Client-Lawyer Relationships on Social; Search Snippet: ...language, and by our food, and by our culture. Most racists don't know why they're racist. But you pick them up and take them over and... 2016
Danielle LaHee Zero-based Politics and an Infinity-based Response: Will Endless Talking Cure America's Racial Ills? 36 Children's Legal Rights Journal 62 (Spring, 2016) Stop and frisk is a policing practice in which an officer initiates the stop of a person based on alleged reasonable suspicion of criminal activity, questions them, and possibly frisks or searches them. Stop-and-frisk policy is frequently associated with New York City, particularly in the wake of Floyd, et al. v. City of New York, et al., which; Search Snippet: ...Spring, 2016 Featured Practice Perspective YOUTH PERSPECTIVE: STOP AND FRISK: RACIAL PROFILING IN CONTEMPORARY URBAN AMERICA Danielle LaHee Copyright © 2016 by... 2016
James Cullen Evans A Critical Race Theorist Account of Corporate Racial Standing 5 University of Miami Race & Social Justice Law Review 117 (Spring, 2015) Introduction. 117 I. Avenues of Influence in the American Criminal Justice System. 119 II. The News Media and Racial Stereotypes. 121 A. The Inaccuracy of the News Media's Reporting of Crime. 123 B. The News Media's Effect on Human Behavior and Opinions. 125 III. Contemporary Media and its Effects on Racial Stereotypes. 127 A. The Sports Media and; Search Snippet: ...WITHOUT JUSTICE: THE NEWS MEDIA, SPORTS MEDIA, & RAP'S INFLUENCE ON RACIAL CRIME DISPARITIES Jake James Cullen Evans [FNa1] Copyright © 2015 by... 2015
Riaz Tejani , University of Illinois-Springfield A Logic of Camps: French AntiRacism as Competitive Nationalism 38 PoLAR: Political and Legal Anthropology Review 108 (May, 2015) As the Charlie Hebdo and Copenhagen attacks starkly remind us, European multicultural policy continues to falter over the growth of public Islam. But long before these events, tension between competing visions of citizenship and nationhood had weakened the very civil society organizations that could shape such policy. In France, where; Search Snippet: ...Anthropology Review May, 2015 Article A LOGIC OF CAMPS: FRENCH ANTIRACISM AS COMPETITIVE NATIONALISM Riaz Tejani [FNa1] University of Illinois-Springfield... 2015
Cynthia Lee A New First Amendment Defense for Racially Discriminatory Actions by the Government? 5 UC Irvine Law Review 843 (November, 2015) Introduction. 843 I. Voir Dire. 847 A. The Process of Voir Dire. 848 B. The Supreme Court's Jurisprudence on Voir Dire into Racial Bias. 852 II. Social Science Research on Race Salience. 860 A. Implicit Bias. 860 B. Race Salience. 861 III. Social Science Research on Racial Perceptions of Crime and Support for Punitive Criminal Justice Policies. 863; Search Snippet: ...November, 2015 Article A NEW APPROACH TO VOIR DIRE ON RACIAL BIAS Cynthia Lee [FNa1] Copyright (c) 2015 UC Irvine Law... 2015
Jonathan Markovitz A Spectacle of Slavery Unwilling to Die: Curbing Reliance on Racial Stereotyping in Self-defense Cases 5 UC Irvine Law Review 873 (November, 2015) Introduction. 874 I. Trayvon Martin and Stand-Your-Ground Legislation: Spectacle, Immunity, and New Pathways for Stereotyping. 877 A. Death, Protest, and Spectacle. 877 B. Stand Your Ground vs. Traditional Self-Defense Doctrine. 882 C. Discretion, Race, and Reasonable Fear. 888 D. The Importance of Stand-Your-Ground Legislation. 892 II. Race and; Search Snippet: ...A SPECTACLE OF SLAVERY UNWILLING TO DIE: CURBING RELIANCE ON RACIAL STEREOTYPING IN SELF-DEFENSE CASES [FNa1] Jonathan Markovitz [FNaa1] Copyright... 2015
Stephen F. Ross , Michael James, Jr. A Study of Invidious Racial Discrimination in Admissions at Thomas Jefferson High School for Science and Technology: Monty Python and Franz Kafka Meet a Probit Regression 115 Columbia Law Review Sidebar 127 (October 29, 2015) Major League Baseball (MLB) has honored a single player by retiring his number for every club. Absent special commemorations, no player will wear the number 42 in honor of the man who broke the color barrier to become the first African American to play major league baseball in the modern era: Jackie Robinson. MLB has also honored a single; Search Snippet: ...2015 A STRATEGIC LEGAL CHALLENGE TO THE UNFORESEEN ANTICOMPETITIVE AND RACIALLY DISCRIMINATORY EFFECTS OF BASEBALL'S NORTH AMERICAN DRAFT Stephen F. Ross... 2015
Lisa R. Pruitt Acting White?: Rethinking Race in "Post-Racial" America. By Devon W. Carbado and Mitu Gulati. Oxford; New York: Oxford University Press, 2013. Pp. Vii, 198. Isbn: 978-0-19-538258-7. Us$29.95 18 Journal of Gender, Race and Justice 159 (Winter 2015) I. Introduction. 159 II. A Post-Racial America? Not.. 162 A. Presidential Example. 162 B. Living the Double Bind. 164 III. Overlooking Class Passing and Its Costs. 166 IV. The Complexities of Professional Employment Settings. 166 A. The Junior Faculty Member Example. 167 B. Analyzing Media Representations. 168 C. Comparing Two Black Candidates for; Search Snippet: ...REVIEW OF CARBADO & GULATI'S ACTING WHITE? RETHINKING RACE IN POST- RACIAL AMERICA Lisa R. Pruitt [FNa1] Copyright (c) 2015 Journal of... 2015
Amy B. Cyphert Addressing Racial Disparity in the Criminal Justice System Through Holistic Defense 82 Tennessee Law Review 893 (Summer, 2015) In 2014, the Department of Education's Office for Civil Rights published data for the first time that tracked preschool suspension and expulsion rates. The data was startling: not only were preschoolers being suspended and expelled, something that surprised many readers on its own, they were being suspended and expelled in racially disproportionate; Search Snippet: ...TENNESSEE LAW REVIEW Tennessee Law Review Summer, 2015 Article ADDRESSING RACIAL DISPARITIES IN PRESCHOOL SUSPENSION AND EXPULSION RATES Amy B. Cyphert... 2015
Bryan Scott Ryan Allowing Our Differences to Unite Us 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; Search Snippet: ...Jurisprudence Review 2015 Note ALLEVIATING OWN-RACE BIAS IN CROSS- RACIAL IDENTIFICATIONS Bryan Scott Ryan [FNa1] Copyright (c) 2015 Washington University... 2015
Brian Keith Leonard An Analysis of the Supreme Court's Reliance on Racial "Stigma" as a Constitutional Concept in Affirmative Action Cases 117 West Virginia Law Review 1365 (Spring, 2015) I. Introduction. 1366 II. History of Racial Minorities and Jury Service. 1367 A. Juror Qualifications. 1367 B. Jury Selection. 1370 III. Legal and Practical Barriers for Racial and Ethnic Minorities to Jury Service. 1372 A. Voter Registration Records. 1373 B. Juror Questionnaires. 1374 C. Felony Convictions. 1375 D. Lack of Adequate Education,; Search Snippet: ...IMPLICATIONS OF THE POTENTIAL INCREASED PARTICIPATION IN JURY SERVICE BY RACIAL MINORITIES IN THE U.S. CRIMINAL JUSTICE SYSTEM Brian Keith Leonard... 2015
Stéphane Mechoulan, Nicolas Sahuguet Assessing the Counterfactual: the Efficacy of Drug Interdiction Absent Racial Profiling 44 Journal of Legal Studies 39 (January, 2015) In a rational choice model of parole release, a color-blind parole board seeking to minimize violations would release all prisoners below a certain risk threshold. To test this prediction, we extend the outcome-test methodology used in assessing discrimination in police searches. We overcome the inframarginality critique by taking advantage of; Search Snippet: ...STUDIES Journal of Legal Studies January, 2015 Part 1 ASSESSING RACIAL DISPARITIES IN PAROLE RELEASE Stéphane Mechoulan Nicolas Sahuguet [FNa1] Copyright... 2015
Joshua P. Thompson, Ralph W. Kasarda At Loggerheads: the Supreme Court and Racial Equality in Public School Education after Missouri V. Jenkins 28 Journal of Civil Rights & Economic Development 257 (Fall 2015) Fifty years have elapsed since President Johnson signed the 1964 Civil Rights Act into law in one of the largest signing ceremonies ever held at the White House. Enacted only ten years after Brown v. Board of Education of Topeka, where the Supreme Court held that racially segregated public schools were unconstitutional, the legislation eliminated; Search Snippet: ...REFORMS THAT WOULD ENSURE TITLE VII WORKS TO PROHIBIT ALL RACIAL DISCRIMINATION IN EMPLOYMENT Joshua P. Thompson Ralph W. Kasarda [FN1... 2015
Leslie T. Grover , Eric Horent Black Women's Post-slavery Silence Syndrome: a Twenty-first Century Remnant of Slavery, Jim Crow, and Systemic Racism--who Will Tell Her Stories? 17 Loyola Journal of Public Interest Law 145 (Fall, 2015) Introduction I. Black Workers and Inequality II. Methodology III. Findings IV. Policy Implications A. Education B. Health C. Mass Incarceration D. Low-Paying Jobs Conclusion; Search Snippet: ...Fall, 2015 Article BLACK IN THE SOUTH: POLICY IMPLICATIONS OF RACIAL DISPARITY FOR THE WORKING POOR Leslie T. Grover [FN1] Eric... 2015
Doug Coulson Broken, Brutal, Bloody: the Harms of Violent Racial Pornography and the Need for Legal Accountability 7 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2015) This article reexamines the United States Supreme Court's opinion in United States v. Thind, which held that high caste Hindus were not white persons and were therefore racially ineligible for naturalized citizenship, through a rhetorical history of the briefs, judicial opinions, National Archives and Records Administration documents, and British... 2015
Kiyana Davis Kiel Brown, Racial Change, and the Civil Rights Movement 52 San Diego Law Review 913 (November 1, 2015) I. Introduction. 914 II. Reframing the Conversation: Racial Equity, Structural and Institutional Racism, and White Privilege. 915 A. Structural Racism. 916 B. Institutional Racism. 917 C. White Privilege. 920 III. Brown: Educational Access, Opportunity, and Racial Equity. 924 IV. Fisher and Connecting Diversity to a Compelling Government Interest:; Search Snippet: ...Article BROWN, FISHER, AND THE NECESSITY OF CONTEXT TO ACHIEVE RACIAL EQUITY IN PUBLIC INSTITUTIONS Kiyana Davis Kiel [FNa1] Copyright ©... 2015
Anthony T. Caso Campbell V. Louisiana: White Defendant Has Standing to Raise Equal Protection and Due Process Claims Alleging Racially Discriminatory Grand Jury Selection Procedures 16 Engage: The Journal of the Federalist Society Practice Groups 13 (October, 2015) This article is about racial preferences in education, specifically in the battle over SCA 5. The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we publish an article that advocates for a particular position, as here, we offer links to other... 2015
Ashok Chandran Color-blind Racism in France: Bias Against Ethnic Minority Immigrants 5 Columbia Journal of Race and Law 28 (2015) The idea of trial by an impartial jury lies at the core of American criminal justice. Yet racism--both explicit and implicit--often has profound impacts on the administration of criminal law and criminal procedure. Such bias manifests itself at all levels of the system, including the deliberative process itself. Currently, however, defendants of... 2015
Jennifer M. Kirby-McLemore Coming and Going: Racial Disparity in the Punishment and Profit of Marijuana 9 Southern Journal of Policy and Justice 26 (Spring 2015) Although the United States has made great strides in racial equality, any realist would acknowledge that our country still has a long way to go to achieve the equal protection guarantees of the Civil Rights Act of 1964. One of the most telling aspects of our nation's lingering inequities is the significant racial disparity in incarceration rates; Search Snippet: ...Spring 2015 Article COMBINING PROACTIVE AND REACTIVE METHODS TO ADDRESS RACIAL DISPARITIES IN INCARCERATION RATES Jennifer M. Kirby-McLemore [FNa1] Copyright... 2015
Yolanda Vazquez Contemplating Homeownership Tax Subsidies and Structural Racism 76 Ohio State Law Journal 599 (2015) Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing; Search Snippet: ...Journal 2015 Article CONSTRUCTING CRIMMIGRATION: LATINO SUBORDINATION IN A POST- RACIAL WORLD Yolanda Vazquez [FNa1] Copyright (c) 2015 Ohio State University... 2015
Kevin R. Johnson Critical Legal Theory and the Civil Rights of Racists 92 Denver University Law Review 701 (2015) Today, I want to discuss the Supreme Court's decision in Moncrieffe v. Holder. In analyzing that case, I will try to show how the criminal justice system of the United States, and its disparate treatment of racial minorities, contributes to the current racially disparate impacts in the immigration removal process. The Supreme Court's decision in... 2015
Laura Connelly Cross-Racial Misidentification: a Call to Action in Washington State and Beyond 21 Michigan Journal of Race and Law 125 (Fall, 2015) INTRODUCTION. 125 I. Own-Race Bias and Its Impact on Eyewitness Testimony. 127 II. How Courts are Handling the Cross-Race Effect. 131 A. Supreme Court Precedent. 131 B. State Court Approaches. 133 III. Police and Federal Agency Practices and Reforms. 136 A. Current Police Practices. 137 B. Proposed Innocence Project Reforms. 139 C. Other Ways to; Search Snippet: ...Michigan Journal of Race and Law Fall, 2015 Note CROSS- RACIAL IDENTIFICATIONS: SOLUTIONS TO THE THEY ALL LOOK ALIKE EFFECT Laura... 2015
Taki V. Flevaris , Ellie F. Chapman Crt and Immigration: Settler Colonialism, Foreign Indigeneity, and the Education of Racial Perception 38 Seattle University Law Review 861 (Spring, 2015) Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and; Search Snippet: ...LAW REVIEW Seattle University Law Review Spring, 2015 Article CROSS- RACIAL MISIDENTIFICATION: A CALL TO ACTION IN WASHINGTON STATE AND BEYOND... 2015
Sarah Zwach Disrupting Implicit Racial Biases in the Workplace: Rethinking Affirmative Action in the Wake of Ricci V. Destefano 30 Wisconsin Journal of Law, Gender & Society 185 (Fall 2015) Introduction. 186 I. Background. 188 A. Recent Police Killings of Unarmed Minority Males. 188 i. The Case of Michael Brown. 188 ii. A National Concern. 191 B. The Problem Is in the Numbers. 193 i. FBI Uniform Crime Reports. 193 ii. Alternative Measures. 194 C. Police Corruption: Legislative and Judicial Intervention. 197 i. History of Police in; Search Snippet: ...OF DEADLY FORCE ON UNARMED MINORITY MALES: HOW GENDER AND RACIAL PERCEPTIONS CAN BE REMEDIED Sarah Zwach [FNa1] Copyright (c) 2015... 2015
Calvin Terbeek Domino's Pizza, Inc., et Al. 30 Constitutional Commentary 167 (Winter 2015) Ian Haney López's new book, Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class, has a provocative thesis. López contends that dog whistling, that is, coded racial rhetoric, explains how politicians backed by concentrated wealth manipulate racial appeals to win elections and also to win support for; Search Snippet: ...The Constitutional Politics of Race DOG WHISTLE POLITICS: HOW CODED RACIAL APPEALS HAVE REINVENTED RACISM AND WRECKED THE MIDDLE CLASS. BY IAN HANEY LÓPEZ. [FN1... 2015
  Equality in the Doctor's Office 129 Harvard Law Review 281 (November, 2015) Following the Voting Rights Act of 1965 (VRA), Congress required a number of states--particularly Southern ones with a history of disenfranchising blacks--to gain preclearance from the Department of Justice (DOJ) before enacting voting-law changes. But in 2013 with Shelby County v. Holder, the Supreme Court struck down section 4, the VRA's; Search Snippet: ...Term Leading Case Constitutional Law Fourteenth Amendment EQUAL PROTECTION CLAUSE-- RACIAL GERRYMANDERING-- ALABAMA LEGISLATIVE BLACK CAUCUS v. ALABAMA Copyright © 2015 by... 2015
Barak Ariel, Ilanit Tobby-Alimi, Irit Cohen, Mazal Ben Ezra, Yafa Cohen, Gabriela Sosinski Ethnic and Racial Minorities, the Indigent, the Elderly, and Eminent Domain: Assessing the Virginia Model of Reform 9 Law & Ethics of Human Rights 113 (May, 2015) A rich body of literature on employment discrimination exists. Theoretically, discriminatory practices are explained by taste-based discrimination, differences in the bargaining ability of applicants or statistical discrimination. Global experimental research tends to show significant anti-minority attitudes in the hiring process,; Search Snippet: ...RIGHTS Law & Ethics of Human Rights May, 2015 ETHNIC AND RACIAL EMPLOYMENT DISCRIMINATION IN LOW-WAGE AND HIGH-WAGE MARKETS: RANDOMIZED... 2015
  Faith in Whiteness: Free Exercise of Religion as Racial Expression 129 Harvard Law Review 321 (November, 2015) Over the last decade, the Supreme Court has repeatedly restricted the ability of public actors to consider race when taking remedial steps to repair racial disparities in society. One case, Ricci v. DeStefano, limited Title VII's disparate-impact doctrine --which directs courts to consider the racial effects of facially neutral practices--and left; Search Snippet: ...Federal Statutes and Regulations FAIR HOUSING ACT--DISPARATE IMPACT AND RACIAL EQUALITY--TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES... 2015
Justin Hansford, Meena Jagannath Ferguson, Fisher, and the Future: Diversity and Inclusion as a Remedy for Implicit Racial Bias 12 Hastings Race and Poverty Law Journal 121 (Summer, 2015) We believe that our problem is one not a violation of civil rights but a violation of human rights. Not only are we denied the right to be a citizen in the United States, we are denied the right to be a human being. - Malcolm X, January 5, 1965. The United States has long touted itself in the international community as having an exemplary human... 2015
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