| Author | Title | Citation | Summary | Year |
| 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 |
| William C. Nevin |
Fighting Slurs: Contemporary Fighting Words and the Question of Criminally Punishable Racial Epithets |
14 First Amendment Law Review 127 (Fall, 2015) |
In State v. Smith, the Court of Appeals of Wisconsin was faced with the somewhat novel question of whether racist Facebook comments could serve as the basis for disorderly conduct and unauthorized use of a computer system charges. The case against Thomas Smith began when the Village of Arena police department posted a Facebook status update; Search Snippet: ...SLURS: CONTEMPORARY FIGHTING WORDS AND THE QUESTION OF CRIMINALLY PUNISHABLE RACIAL EPITHETS William C. Nevin [FNa1] Copyright © 2015 by the North... |
2015 |
| Andrea Freeman |
First Food Justice: Racial Disparities in Infant Feeding as Food Oppression |
83 Fordham Law Review 3053 (May, 2015) |
Tabitha Walrond gave birth to Tyler Isaac Walrond on June 27, 1997, when Tabitha, a black woman from the Bronx, was nineteen years old. Four months before the birth, Tabitha, who received New York public assistance, attempted to enroll Tyler in her health insurance plan (HIP), but encountered a mountain of bureaucratic red tape and errors. After; Search Snippet: ...Critical Race Theory and Empirical Methods Conference FIRST FOOD JUSTICE: RACIAL DISPARITIES IN INFANT FEEDING AS FOOD OPPRESSION Andrea Freeman [FNa1... |
2015 |
| Crystal S. Yang |
Freedom of Speech and Racism |
44 Journal of Legal Studies 75 (January, 2015) |
The federal sentencing guidelines were created to reduce unwarranted sentencing disparities among similar defendants. This paper explores the impact of increased judicial discretion on racial disparities in sentencing after the guidelines were struck down in United States v. Booker (543 U.S. 220 [2005]). Using data on the universe of federal... |
2015 |
| Robert D. Crutchfield |
From Suffrage to Substantive Human Rights: the Continuing Journey for Racially Marginalized Women |
44 Crime and Justice Just. 1 (2015) |
Social class differences have been invoked to explain perceived racial differences in criminal involvement in the United States since the middle of the nineteenth century. Scholars have joined with the public and the media to make such arguments with mixed success. Despite criticism of the theories and research methods used and contradictory; Search Snippet: ...AN INTELLECTUAL HISTORY OF THE USE OF CLASS TO EXPLAIN RACIAL DIFFERENCES IN CRIMINAL INVOLVEMENT Robert D. Crutchfield [FNa1] Copyright © 2015... |
2015 |
| Guy-Uriel Charles , Luis Fuentes-Rohwer |
Hair's the Thing: Trait Discrimination and Forced Performance of Race Through Racially Conscious Public School Hairstyle Prohibitions |
21 Michigan Journal of Race and Law L. 1 (Fall, 2015) |
INTRODUCTION. 1 I. The Public Sphere and the Counterpublic. 3 II. Law Reviews as Habermasian Publics. 10 A. History. 10 B. The Rise of Counterpublics: Against Equality and Universal Access. 14 III. Creating a Racial Counterpublic: The Michigan Journal of Race and Law. 16 CONCLUSION. 20 In The Structural Transformation of the Public Sphere, Jürgen; Search Snippet: ...Article HABERMAS, THE PUBLIC SPHERE, AND THE CREATION OF A RACIAL COUNTERPUBLIC Guy-Uriel Charles [FNa1] Luis Fuentes-Rohwer [FNaa1] Copyright... |
2015 |
| Anna-Lisa F. Macon |
Haiti Is Black! Racial Essentialism and United States Involvement in the 2004 Removal of President Aristide |
17 University of Pennsylvania Journal of Constitutional Law 1255 (April, 2015) |
The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools. Justice Potter Stewart Something peculiar is happening in American schools. This something is an addendum to primary and secondary school dress codes that seems simultaneously outrageous and justifiable. American schools have... |
2015 |
| Daryll C. Dykes |
Healthcare for All: Why Minorities Continue to Fall |
41 William Mitchell Law Review 1129 (2015) |
I. Introduction. 1131 II. Overview of Health Disparities. 1133 A. Definition of Health Disparities . 1133 B. The History of Health Disparities. 1135 1. A Century of Recognition, Research, and Resolve Regarding Health Disparities. 1135 2. The Changing National Perspective on Health Disparities After Unequal Treatment . 1145 III. Health; Search Snippet: ...LAW AND PUBLIC POLICY IN GENERATING, PERPETUATING, AND RESPONDING TO RACIAL AND ETHNIC HEALTH DISPARITIES BEFORE AND AFTER THE AFFORDABLE CARE... |
2015 |
| Patrick C. Brayer |
High Court Dismisses Appeal over Private Lawsuits in Environmental Racism Case |
109 Northwestern University Law Review Online 163 (February 23, 2015) |
As recent tragic events confirm, issues of race frame our national identity and define our capacity to achieve true equality for all individuals. By its very nature and traditions, the law is a profession tasked with confronting inequality and discrimination in our society. As issues of race continue to influence our communities, nation, and world,; Search Snippet: ...ONLINE Northwestern University Law Review Online February 23, 2015 HIDDEN RACIAL BIAS: WHY WE NEED TO TALK WITH JURORS ABOUT FERGUSON... |
2015 |
| Alan Berman |
Human Rights Racism |
44 Georgia Journal of International and Comparative Law 45 (2015) |
Table of Contents I. Introduction. 46 II. International Legal Obligations. 50 A. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. 50 B. The International Convention on the Elimination of All Forms of Racial Discrimination. 56 C. Legislative Attempts to Implement International Treaty; Search Snippet: ...International and Comparative Law 2015 Article HUMAN RIGHTS LAW AND RACIAL HATE SPEECH REGULATION IN AUSTRALIA: REFORM AND REPLACE? Dr. Alan... |
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; Search Snippet: ...Methods Conference I DO FOR MY KIDS: NEGOTIATING RACE AND RACIAL INEQUALITY IN FAMILY COURT Tonya L. Brito [FNa1] David J... |
2015 |
| Eva Paterson, Luke Edwards |
Implicit Racial Attitudes of Death Penalty Lawyers |
2015 Harvard Journal on Racial and Ethnic Justice Online Online 1 (2015) |
This year marks the 50 anniversary of the passage and signing of the Civil Rights Act of 1964. The Equal Justice Society is in the midst of a three-year celebration of landmarks in the struggle for civil rights. Last year, we celebrated the 50 anniversary of the March on Washington for Jobs and Freedom. Next year, we will celebrate the 50... |
2015 |
| L. Song Richardson |
Implicit Racial Bias in Public Defender Triage |
83 George Washington Law Review 1008 (April, 2015) |
In their Article, Reasonable but Unconstitutional: Racial Profiling and the Radical Objectivity of Whren v. United States, Professor Chin and Mr. Vernon not only provide a withering critique of the U.S. Supreme Court's unanimous decision in Whren v. United States but they also present novel doctrinal arguments for reversing its problematic dicta; Search Snippet: ...LAW REVIEW George Washington Law Review April, 2015 Response IMPLICIT RACIAL BIAS AND THE PERPETRATOR PERSPECTIVE: A RESPONSE TO REASONABLE BUT... |
2015 |
| Dorothy E. Roberts |
In Black and White |
24 Widener Law Journal 313 (2015) |
One of my most moving academic experiences was reading Professor Starla Williams' article, Violence Against Poor and Minority Women & the Containment of Children of Color: A Response to Dorothy E. Roberts. Tragically, I read it shortly after learning of her untimely death. I was thrilled to reconnect with Professor Williams at Widener Law School; Search Snippet: ...2015 Article IN APPRECIATION OF PROFESSOR STARLA WILLIAMS, CHAMPION FOR RACIAL EQUITY IN CHILD WELFARE Dorothy E. Roberts [FNa1] Copyright © 2015... |
2015 |