AuthorTitleCitationSummaryYear
Zahava Moerdler Racially Based Jury Nullification: Black Power in the Criminal Justice System 40 Fordham International Law Journal 1281 (June, 2017) INTRODUCTION. 1281 I. RACIST ANTISEMITISM UNDER NATIONAL SOCIALISM AND ITALIAN FASCISM: COMPARATIVE PERSPECTIVE TO RACISM IN THE US. 1284 II. CURRENT MANIFESTATIONS OF ANTISEMITISM. 1298 III. LEGAL FRAMEWORK: INTERNATIONAL PROTECTIONS AGAINST RACIST ANTISEMITISM. 1306 IV. LOOKING FORWARD: EMERGING LEGAL TRENDS AND ANTISEMITISM. 1312 CONCLUSION; Search Snippet: ...European Union Law Issue Note RACIALIZING ANTISEMITISM: THE DEVELOPMENT OF RACIST ANTISEMITISM AND ITS CURRENT MANIFESTATIONS Zahava Moerdler [FNa1] Copyright © 2017... 2017
Andrea Freeman Racism in the Criminal Justice System: Problems and Suggestions 95 North Carolina Law Review 1071 (May, 2017) In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit cards have evolved into an essential tool for lower-; Search Snippet: ...CAROLINA LAW REVIEW North Carolina Law Review May, 2017 Article RACISM IN THE CREDIT CARD INDUSTRY [FNa1] Andrea Freeman [FNaa1] Copyright... 2017
Norman L. Reimer , NACDL, Washington, DC, 202-465-7623, Website www.nacdl.org, Twitter @NACDL, E-mail nreimer@nacdl.org Racism Is Here to Stay: Now What? 41-AUG Champion Champion 9 (August, 2017) I wish this column were unnecessary. I wish that the promise of my youth had long ago been fulfilled. I wish that the dream of a post-racial society had come true. I wish that we had arrived at the place where all persons are treated with equal respect and fairness, where, as Dr. Martin Luther King so famously and eloquently expressed it more than; Search Snippet: ...2017 WL 4769608 CHAMPION Champion August, 2017 Column Inside NACDL RACISM IN THE U.S. CRIMINAL JUSTICE SYSTEM: AN UNCOMFORTABLE TRUTH FOR... 2017
Sherri Lee Keene Rape as a Legal Symbol: an Essay on Sexual Violence and Racism 32-SUM Criminal Justice 35 (Summer, 2017) in the criminal courtroom, race can often feel like the elephant in the room. While racial bias can play a role in decision making at many points in the criminal process, discussions on this topic can be stifled. Yet, for a criminal defense attorney, the inability to discuss how race may have impacted a defendant's case can result in missed; Search Snippet: ...2017 Feature RAISING ARGUMENTS ABOUT THE POTENTIAL INFLUENCE OF IMPLICIT RACIAL BIAS IN POLICE STOPS Sherri Lee Keene [FNa1] Copyright © 2017... 2017
Joel L. Hamner Red Card Racism: Using the Court of Arbitration for Sport (Cas) to Prevent and Punish Racist Conduct Perpetrated by Fans Attending European Soccer Games 94 Denver Law Review Online 426 (2017) On May 22, 2017, the United States Supreme Court found that the North Carolina state legislature improperly gerrymandered two congressional districts by considering race as the predominant factor when redrawing district lines in 2011. Applying a clearly erroneous standard of review, the Court unanimously upheld the district court's decision to; Search Snippet: ...WHITE, BLACK AND BLUE: AN EXAMINATION OF THE SUPREME COURT'S RACIAL GERRYMANDERING JURISPRUDENCE FOLLOWING COOPER v. HARRIS Joel L. Hamner Copyright... 2017
Kaitlin Bigger, J.D. Candidate, 2018, American University Washington College of Law, B.A. Political Science, 2013, Appalachian State University Reducing Racial Disparities in Child Welfare: One County's Approach 10 Modern American 66 (Spring, 2017) On May 23, 2016, the Supreme Court addressed an area of capital trials continuously prone to racial discrimination in its Foster v. Chatman decision. During voir dire, both parties are given peremptory challenges and challenges for cause. Challenging a juror for cause requires a specific reason for removing the juror, while peremptory challenges do; Search Snippet: ...WL 5900928 MODERN AMERICAN Modern American Spring, 2017 Blog REDUCING RACIAL BIAS IN CAPITAL JURY SELECTION BY ELIMINATING PEREMPTORY CHALLENGES Kaitlin... 2017
George I. Lovell Reflections on Fisher V. University of Texas Ii and Campus Protests over Racial Inequality 42 Law and Social Inquiry 571 (Spring, 2017) Bell, Jeannine. 2013. Hate Thy Neighbor: Move In Violence and the Persistence of Racial Segregation in American Housing. New York: NYU Press. Pp. 259. Jeannine Bell's Hate Thy Neighbor: Move In Violence and the Persistence of Racial Segregation in American Housing provides an account of racist violence as a tool for maintaining housing segregation; Search Snippet: ...Racial Segregation in American Housing REFLECTIONS ON A FUNHOUSE MIRROR-- RACIST VIOLENCE, THE PROTECTION OF PRIVILEGE, AND THE LIMITS OF TOLERANCE... 2017
Alan C. Weinstein Reforming Capital Punishment in the South: a Glimpse at the North Carolina Racial Justice Act Movement 45 Capital University Law Review 59 (Winter, 2017) My reflection on Professor Roberts' Sullivan Lecture poses two questions. First, how far have we come as a nation from the hyper-segregated housing patterns of the 1930s through 1960s that Professor Roberts described in her lecture? Regrettably, the answer appears to be not far at all. Further, we are today faced with a second form of; Search Snippet: ...Winter, 2017 Sullivan Lecture Reflection REFLECTIONS ON THE PERSISTENCE OF RACIAL SEGREGATION IN HOUSING Alan C. Weinstein [FNa1] Copyright © 2016 by... 2017
Zachary Norris Reparing the past 94 Denver Law Review 515 (Spring, 2017) Structural racism and racial injustice result in deep, long-standing, and widespread harm to communities, particularly to people of color and low-income people. To address and remedy these harms, countries and institutions have attempted to create processes for intervention and accountability; however, these efforts have often been limited or; Search Snippet: ...REVIEW Denver Law Review Spring, 2017 Article REPAIRING HARM FROM RACIAL INJUSTICE: AN ANALYSIS OF THE JUSTICE REINVESTMENT INITIATIVE AND THE... 2017
Scott Holmes Re-solidifying Racial Bloc Voting: Empirics and Legal Doctrine in the Melting Pot 85 UMKC Law Review 625 (Spring, 2017) Maybe all she had left when her words ran out was this smack of action. Maybe her heart is a charred city, charmed city Her son, her last ember. We take her footage into our eyes and mouths, add our own soundtrack and lean political. John Hill is a poor black man, his body covered in burn scars. He was riding his bicycle down Alston Avenue in; Search Snippet: ...REVIEW UMKC Law Review Spring, 2017 Article RESISTING ARREST AND RACISM - THE CRIME OF DISRESPECT Professor Scott Holmes [FNa1] Copyright © 2016... 2017
Jonathan Kahn, JD, PhD Ricci V. Destafano: Extinguishing Racism in America 67 Case Western Reserve Law Review 1153 (Summer, 2017) In 2006, I published an article examining the rising use of racial categories in biomedical patents in the aftermath of the successful completion of the Human Genome Project and the production of the first draft of a complete human genome. Ten years on, it now seems time to revisit the issue and consider it in light of the current era of Precision; Search Snippet: ...Law from Rosa Parks to the Twenty-First Century REVISITING RACIAL PATENTS IN AN ERA OF PRECISION MEDICINE Jonathan Kahn JD... 2017
Caitlin Toto Sharing Space: Why Racial Goodwill Isn't Enough 58 Boston College Law Review 1355 (September, 2017) In recent years, the sharing economy has pervaded the life of the consumer, challenging the regulatory and business status quo. Despite the pluralistic messages of many sharing economy companies, racial discrimination is a growing problem on peer-to-peer networks such as Uber and Airbnb. Victims of discrimination, however, have; Search Snippet: ...ACTION WAIVERS IN THE SHARING ECONOMY PRESENTS A THREAT TO RACIAL DISCRIMINATION CLAIMS Caitlin Toto Copyright © 2017 by Boston College Law... 2017
  Sixty Years after the Internment: Civil Rights, Identity Politics, and Racial Profiling 131 Harvard Law Review 273 (November, 2017) The jury is a semi-sacred institution in the American legal system. The Sixth Amendment guarantees criminal defendants the right to trial, by an impartial jury, and Rule 606(b) of the Federal Rules of Evidence forecloses certain inquiries into the validity of jury verdicts by forbidding jurors from testifying about any statement made or incident... 2017
Carrie Leonetti Smoking out Racism in the Fdny: the Dwindling Use of Race-conscious Hiring Remedies 101 Marquette Law Review 205 (Fall, 2017) The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate's claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court... 2017
Jason P. Nance Subjective and Objective Indicators of Racial Progress 66 Emory Law Journal 765 (2017) In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the; Search Snippet: ...EMORY LAW JOURNAL Emory Law Journal 2017 Article STUDENT SURVEILLANCE, RACIAL INEQUALITIES, AND IMPLICIT RACIAL BIAS Jason P. Nance [FNa1] Copyright © 2017 by Emory Law... 2017
L. Song Richardson Tademy V. Union Pacific Corporation: the Racially Hostile Work Environment Claim under Title Vii and § 1981 126 Yale Law Journal 862 (January, 2017) L1-2BOOK REVIEW CONTENTS INTRODUCTION 864 I. RACISM IN PRACTICE 867 A. Policing Racial Boundaries 868 B. Culture and the Race-Blind Code 869 C. Limitations 873 II. SYSTEMIC TRIAGE AND ITS RACIALIZED CONSEQUENCES 875 A. Implicit Racial Bias 875 B. Systemic Triage 877 C. Implicit Bias Under Conditions of Systemic Triage 881 III. RECOMMENDED REMEDIES; Search Snippet: ...Yale Law Journal January, 2017 Book Review SYSTEMIC TRIAGE: IMPLICIT RACIAL BIAS IN THE CRIMINAL COURTROOM CROOK COUNTY: RACISM AND INJUSTICE IN AMERICA'S LARGEST CRIMINAL COURT BY NICOLE VAN... 2017
Mark Peffley , Jeffery Mondak Taking the "Garbage" out in Tulia, Texas: the Taboo on Black-white Romance and Racial Profiling in the "War on Drugs" 105 Kentucky Law Journal 671 (2016-2017) C1-2Table of Contents Table of Contents. 671 Introduction. 672 I. The Racial Divide in Personal Experiences. 673 II. Attributions of Racial Disparities in Punishment. 677 Conclusion. 682; Search Snippet: ...Kentucky Law Journal 2016-2017 Essay TAKING A STEP BACK: RACIAL INJUSTICE IN AMERICA Mark Peffley [FNi] Jeffery Mondak [FNii] Copyright... 2017
Michael Z. Green The Banality of Racial Inequality 2017 University of Chicago Legal Forum 235 (2017) Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union; Search Snippet: ...Law and the Disruptive Workplace Article THE AUDACITY OF PROTECTING RACIST SPEECH UNDER THE NATIONAL LABOR RELATIONS ACT Michael Z. Green... 2017
Elizabeth Esther Berenguer The Color of Our Character: Confronting the Racial Character of Rule 404(b) Evidence 76 Maryland Law Review 726 (2017) It must be remembered that the visibility of race was used as a tool to consolidate domination, to seize land, and to recruit and extract mass labor. All this is still going on today. The racism of the past is still active in the present. Alicia Garza, Opal Tometi, and Patrisse Cullors created #BlackLivesMatter movement as a response to the; Search Snippet: ...FLORIDA'S SUBJECTIVE FEAR STANDARD IN STAND YOUR GROUND CASES RATIFIES RACISM Elizabeth Esther Berenguer [FNa1] Copyright © 2017 by Elizabeth Esther Berenguer... 2017
Sami C. Nighaoui, Ph.D. The Colorblind MultiRacial Dilemma: Racial Categories Reconsidered 20 Journal of Gender, Race and Justice 349 (Spring, 2017) I. Introduction. 349 II. The Integrationist Illusion and the Myth of Racial Comity. 351 A. The Psychology of Anti-Black Racism. 354 B. The Culture of Anti-Black Racism. 360 III. African American Identity and U.S. Universalism: Denial and Dissent. 365 A. The African American as Anti-Citizen. 369 B. African Americans and the Civic Ideology:; Search Snippet: ...ETHNICITY: THE CIVIC IDEOLOGY AND THE PERSISTENCE OF ANTI-BLACK RACISM Dr. Sami C. Nighaoui , Ph.D. [FNa1] Copyright © 2017 by Journal... 2017
Steven W. Bender The Common Sense of Anti-indian Racism: Reactions to Mashantucket Pequot Success in Gaming and Acknowledgment 50 U.C. Davis Law Review Online 11 (2017) C1-2Table of Contents Introduction. 11 I. California as a Leader in M arijuana Prohibition and Reform. 12 II. Racial Enforcement of California Marijuana Laws. 13 III. The Proposition 64 Campaign Through a Lens of Color. 15 IV. Is Proposition 64 a Racial Justice Initiative?. 16 V. The Color of Licensed Marijuana in California. 20 Conclusion. 22; Search Snippet: ...Review Online 2017 THE COLORS OF CANNABIS: REFLECTIONS ON THE RACIAL JUSTICE IMPLICATIONS OF CALIFORNIA'S PROPOSITION 64 Steven W. Bender [FNa1... 2017
Benjamin E. Griffith, Lauren E. Ward The Freedom Center Has a Dream 85 Mississippi Law Journal 1093 (2017) Introduction. 1095 I. Background. 1096 A. Sauce for the Goose. 1096 B. Alabama Legislative Black Caucus v. State of Alabama. 1097 C. Immediate Aftermath of Alabama Legislative Black Caucus. 1099 II. Racial Maximization. 1100 A. Racial Assignments from Gomillion to UJO. 1102 B. A New Analytical Framework. 1104 C. Skepticism About Expressive Harm and; Search Snippet: ...FRUIT OF ALABAMA LEGISLATIVE BLACK CAUCUS v. STATE OF ALABAMA: RACIAL PREDOMINANCE IN REDISTRICTING Benjamin E. Griffith Lauren E. Ward [FNa1... 2017
Erika Wilson The Great Orphan Abduction 20 CUNY Law Review 513 (Spring, 2017) At the start of the twentieth century, W.E.B. Du Bois noted that, the problem of the Twentieth Century is the problem of the color-line. Over a century later, Du Bois's words remain prescient. In the twenty-first century, the problem of the color line persists. This should come as no surprise. The subordination and marginalization of people of; Search Snippet: ...Response THE GREAT AMERICAN DILEMMA: LAW AND THE INTRANSIGENCE OF RACISM [FNa1] Erika Wilson [FNd1] Copyright © 2017 by New York City... 2017
Mark W. Bennett The Independent Citizen Commission: Our Best Chance at Ending Racial Gerrymandering and Restoring the Promise of the Voting Rights Act of 1965 126 Yale Law Journal Forum 391 (January 31, 2017) A prominent life scientist recently declared that the Higgs boson particle, the Internet, and implicit bias are the three most important discoveries of the past half-century. In President Obama's commencement address at Howard University last year, Obama stated: And we knew . that even the good cops with the best of intentions--including, by the; Search Snippet: ...FORUM Yale Law Journal Forum January 31, 2017 THE IMPLICIT RACIAL BIAS IN SENTENCING: THE NEXT FRONTIER Mark W. Bennett [FNa1... 2017
Amanda L. B. Wineman The Invisible Black Victim: How American Federalism Perpetuates Racial Inequality in Criminal Justice 41 American Journal of Trial Advocacy 211 (Summer, 2017) The one place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into the jury box. ~Harper Lee, To Kill A Mockingbird A defendant's right to an impartial jury is derived from the Constitution, which states: In all criminal prosecutions, the accused... 2017
Jon L. Mills The Meaning of Judicial Impartiality: an Examination of Supreme Court Confirmation Debates and Supreme Court Rulings on Racial Equality 29 Florida Journal of International Law 283 (2017) I. From the Plantation South to Plessy v. Ferguson. 284 II. Separate but Equal. 285 III. Through the Looking Glass of Marbury v. Madison. 286 IV. Brown v. Board of Education--The Courts, The Rule of Law, and Reality. 287 V. A Change is Gonna Come. 292 VI. Making the Change--Burning Crosses. 292 VII. Conclusion.. 296; Search Snippet: ...University of Florida Contributor THE MEANING OF EQUAL: EVOLUTION OF RACIAL EQUALITY IN THE UNITED STATES Jon L. Mills [FNa1] Copyright... 2017
Carrie L. Rosenbaum The Ncaa's Academic Performance Program: Academic Reform or Academic Racism? 13 University of Saint Thomas Law Journal 532 (Fall, 2017) This Article suggests that the replacement of Secure Communities with the Priority Enforcement Program (PEP) did not, and would not have ameliorated the problem of disparate criminal immigration deportation of Latina/o noncitizens. It explores the implications of de-coupling criminal and immigration enforcement and gives theoretical consideration... 2017
Terrence W. McCarthy , Callie D. Brister The next Bold Step Toward Racial Healing and Reconciliation: Dealing with the Legacy of Slavery 78 Alabama Lawyer 284 (July, 2017) The no-impeachment rule generally provides that a juror may not testify about statements made during jury deliberations if offered to challenge the validity of a verdict or indictment. This longstanding rule has roots dating back to English common law, and is codified in Rule 606(b) of both the Federal Rules of Evidence and Alabama Rules of... 2017
Bryan L. Sykes, University of California-Irvine The Power of the Treasury: Racial Discrimination, Public Policy, and "Charity" in Contemporary Society 51 Law and Society Review 211 (March, 2017) In April 2016, Black Lives Matter (BLM) protesters clashed with Bill Clinton over his role in the passage of the 1994 Crime Bill and Hillary Clinton's use of the term super predators to describe the involvement of black youth in criminal offenses. Demonstrators sought to highlight how policymakers and the general public construct narratives and; Search Snippet: ...2017 Book Review Jennifer Balint, Editor THE POLITICAL ROOTS OF RACIAL TRACKING IN AMERICAN CRIMINAL JUSTICE. BY NINA M. MOORE. NEW... 2017
Herbert Hovenkamp The Promise of Mancari: Indian Political Rights as Racial Remedy 59 Arizona Law Review 947 (2017) American Progressivism initiated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds; Search Snippet: ...ARIZONA LAW REVIEW Arizona Law Review 2017 Article THE PROGRESSIVES: RACISM AND PUBLIC LAW Herbert Hovenkamp [FNa1] Copyright © 2017 by Arizona... 2017
Jillian K. Swencionis, Phillip Atiba Goff , Center for Policing Equity and John Jay College of Criminal Justice The Public Outrage Phenomenon & Limits on Remedying the Effect of Implicit Racist Attitudes on Capital Charging Decisions 23 Psychology, Public Policy, and Law 398 (November, 2017) What can the social psychology of racial bias teach us about the potential for racial bias in policing? Because social psychological research is mostly laboratory based and rarely includes police officers, direct generalizability is limited. However, social psychology has identified robust risk factors that make individuals more likely to engage in... 2017
Carol S. Steiker, Jordan M. Steiker The Racial Paradox of the Corporate Law Firm 42 Human Rights 14 (2017) In their book Courting Death: The Supreme Court and Capital Punishment (Belknap Press of Harvard University Press 2016). Professors Carol Steiker and Jordan Steiker chronicle and evaluate the Supreme Court's constitutional regulation of capital punishment, which began in earnest with the Court's short-lived constitutional abolition; Search Snippet: ...2017 WL 476436 HUMAN RIGHTS Human Rights 2017 Introduction THE RACIAL ORIGINS OF THE SUPREME COURT'S DEATH PENALTY OVERSIGHT Carol S... 2017
Anupam Chander The Racist Assumptions of Section 2 Dilution Claims and Aggregation of Minority Groups 115 Michigan Law Review 1023 (April, 2017) The Black Box Society: The Secret Algorithms That Control Money and Information. By Frank Pasquale. Cambridge and London: Harvard University Press. 2015. P. 218, $35. A pie chart satirizing Google's research and development expenditures imagines a largely tripartite division: omniscience, omnipresence, and omnipotence. Uber offers its staff what it; Search Snippet: ...2017 Survey of Books Related to the Law Review THE RACIST ALGORITHM? Anupam Chander [FNa1] Copyright © 2017 by Michigan Law Review... 2017
Nicholas O. Stephanopoulos The Republican Revival and Racial Politics 83 University of Chicago Law Review Online 160 (2017) Section 2 of the Voting Rights Act (VRA)--the crucial provision banning racial vote dilution--does not mention racial polarization in voting. Nor does polarization feature prominently in the list of factors included in the Senate report accompanying the Act; it is addressed by just one of the list's ten or so items. Nevertheless, thanks to the; Search Snippet: ...Christopher S. Elmendorf, Kevin M. Quinn, and Marisa A. Abrajano, Racially Polarized Voting, 83 U Chi L Rev 587 (2016) Nicholas... 2017
Yujin Yi The Story of Law and American Racial Consciousness: Building a Canon One Case at a Time 7 Columbia Journal of Race and Law 410 (2017) Japan and the Republic of Korea, two neighboring nations situated in East Asia, have homogenous demographics. Both societies face large influxes of foreigners--from immigration and tourism alike--due to various factors ranging from rapidly aging populations, low birth rates, and globalization. Despite this, neither country has sufficient legal; Search Snippet: ...of Race and Law 2017 Note THE STATUS QUO OF RACIAL DISCRIMINATION IN JAPAN AND THE REPUBLIC OF KOREA AND THE... 2017
Lundy Braun Theorizing Racial Microaffirmations as a Response to Racial Microaggressions: Counterstories Across Three Generations of Critical Race Scholars 43 American Journal of Law & Medicine 239 (2017) The current political economic crisis in the United States places in sharp relief the tensions and contradictions of racial capitalism as it manifests materially in health care and in knowledge-producing practices. Despite nearly two decades of investment in research on racial inequality in disease, inequality persists. While the reasons for; Search Snippet: ...American Journal of Law & Medicine 2017 Article THEORIZING RACE AND RACISM: PRELIMINARY REFLECTIONS ON THE MEDICAL CURRICULUM Lundy Braun [FNd1] Copyright... 2017
Antuan M. Johnson Title Vii of the Civil Rights Act of 1964: from Prohibiting to Requiring Racial Discrimination in Employment 9 Georgetown Journal of Law & Modern Critical Race Perspectives 57 (Spring, 2017) For decades, men have sexually harassed and sexually assaulted women on college campuses with impunity. Although Title IX was passed in 1972 to provide sex equality in education, that equality still does not exist. In recent years, campus sexual assault has been recognized as a national epidemic and a manifestation of sex inequality. The U.S; Search Snippet: ...Note TITLE IX NARRATIVES, INTERSECTIONALITY, AND MALE-BIASED CONCEPTIONS OF RACISM Antuan M. Johnson [FNa1] Copyright © 2016 by Antuan M. Johnson... 2017
Kabir A.N. Duggal Undignified: the Supreme Court, Racial Justice, and Dignity Claims 72 Dispute Resolution Journal 19 (2017) International investment arbitration, as a species of international dispute resolution, is unique because it provides an investor with the option to initiate direct legal action against a state. In that sense, the international investment arbitration regime shares similar characteristics with the human rights regime, since both regimes create; Search Snippet: ...9934434 DISPUTE RESOLUTION JOURNAL Dispute Resolution Journal 2017 Article UNDERSTANDING RACIAL REPRESENTATION IN INTERNATIONAL INVESTMENT ARBITRATION Kabir A.N. Duggal [FNa1] Copyright... 2017
Darren Lenard Hutchinson Undo Hardship: an Argument for Affirmative Action as a Mandatory Remedy in Systemic Racial Discrimination Cases 69 Florida Law Review Rev. 1 (January, 2017) The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based... 2017
Calli Fletcher Using the Internal Revenue Code to Combat Racial Discrimination 18 Florida Coastal Law Review 413 (Summer, 2017) In June 2016, the Supreme Court answered a long-held question regarding the admissibility of race-related information when admitting students to a state-sponsored university. The question presented was whether a university's admissions process, when it includes race as a factor, violates the Fourteenth Amendment right to equal protection. This case; Search Snippet: ...LAW REVIEW Florida Coastal Law Review Summer, 2017 Comment USING RACISM TO COMBAT RACISM: FISHER v. UNIVERSITY OF TEXAS AT AUSTIN Calli Fletcher [FNa1... 2017
Michael L. Perlin , Heather Ellis Cucolo Vegas Rule: Jury Deliberation Edition: Should the Sixth Amendment Exception for Alleged Racial Bias in Deliberations Extend to Gender? 20 Journal of Gender, Race and Justice 431 (Summer, 2017) I. Introduction. 431 II. Race, Gender, and Civil Commitment. 435 III. A Consideration of Institutional Issues. 446 IV. Four Factors. 451 A. Sanism. 451 B. Pretextuality. 452 C. Heuristics. 452 D. False Ordinary Common Sense. 453 E. The Keys to Future Progress. 453 V. Therapeutic Jurisprudence. 454 I. Conclusion. 457; Search Snippet: ...ACHING ONES WHOSE WOUNDS CANNOT BE NURSED: THE MARGINALIZATION OF RACIAL MINORITIES AND WOMEN IN INSTITUTIONAL MENTAL DISABILITY LAW Michael L... 2017
Atiba R. Ellis When Prosecutors Act as Judges: Racial Disparities and the Absence of Due Process Safeguards in the Juvenile Transfer Decision 68 South Carolina Law Review 517 (Spring, 2017) I. Introduction. 517 II. Background of McCrory Case. 519 III. The McCrory Decision and the Due Care Approach. 523 IV. The Uncertain Future of McCrory and Possible Supreme Court Review. 529 V. Conclusion. 535; Search Snippet: ...Review Spring, 2017 Article Constitutional Law WHEN POLITICAL DOMINATION BECOMES RACIAL DISCRIMINATION: NAACP v. MCCRORY AND THE INEXTRICABLE PROBLEM OF RACE... 2017
Jessica Edmundson Wld Program Addresses Racial, Ethnic and Gender Bias in the Justice System 12 Duke Journal of Constitutional Law & Public Policy Sidebar 149 (March 7, 2017) Racial gerrymandering is the drawing of electoral districts that effectively racially segregates voters for political gain. Racially gerrymandered districts often involve packing minorities into a single district, thereby reducing that group's political efficacy. In Wittman v. Personhuballah, the Supreme Court held that congressmen who did not live; Search Snippet: ...Court Commentary WITHOUT MORE, THERE IS NO MORE: STANDING AND RACIAL GERRYMANDERING IN WITTMAN v. PERSONHUBALLAH Jessica Edmundson [FNa1] Copyright © 2017... 2017
Stephanie Francis Ward #Livingwhileblack: Racially Motivated 911 Calls as a Form of Private Racial Profiling 102-DEC ABA Journal 28 (December, 2016) FEW PEOPLE OUTSIDE OF ACADEMIA are familiar with intersectionality. But many understand--and embrace--the hashtag #blackgirlsmatter, which is a more descriptive way to point out that some people who experience oppression have multiple social categorizations and frequently are forgotten in social justice movements. The African American Policy Forum,; Search Snippet: ...reginald.davis@americanbar.org Profile #ATTENTION Law Professor's Forum Sheds Light on Racial Injustice Stephanie Francis Ward Copyright © 2016 by the American Bar... 2016
Andrea J. Ritchie (En)raged or (En)gaged: the Implications of Racial Context to the Canadian Provocation Defence 41 Harbinger 187 (August 11, 2016) As the nation wrestles with the relentless reality of police violence against Black, Brown and Indigenous bodies and the enduring impacts of mass incarceration on individuals, families and communities of color, we also continue to grapple with invisibility and erasure of women's experiences of state violence. In November of 2015, I had the distinct; Search Snippet: ...187 2016 WL 9665216 HARBINGER Harbinger August 11, 2016 #SAYHERNAME: RACIAL PROFILING AND POLICE VIOLENCE AGAINST BLACK WOMEN Andrea J. Ritchie... 2016
Gregory S. Parks , Matthew W. Hughey A Choice of Weapons: the X-men and the Metaphor for Approaches to Racial Equality 92 Indiana Law Journal Supplement Supplement 1 (2016) We are at a crossroads in American history when we as a nation must decide a path toward racial equality. It is a crossroads that we have come to in the past, primarily in the 1960s and 1970s (i.e., civil rights or black power, peace or violence, etc.). It is a narrative that has been told for decades in the comic book The X-Men. This comic book as... 2016
Jane Dailey, University of Chicago Alternative Dispute Resolution in Short Term Rental Accommodations: Is Binding Arbitration Appropriate in the Sharing Economy for Racial Discrimination Cases? 34 Law and History Review 241 (February, 2016) Allyson Hobbs' A Chosen Exile: A History of Racial Passing in American Life is that rare work of scholarship that captures public attention and acquires a general readership. Originally a dissertation in history at the University of Chicago, A Chosen Exile is a cultural history of racial passing from the late eighteenth century to the 1950s, when; Search Snippet: ...Book Review ALLYSON HOBBS, A CHOSEN EXILE: A HISTORY OF RACIAL PASSING IN AMERICAN LIFE, CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2014... 2016
Michael Omi , Howard Winant Blood Will Tell: Scientific Racism and the Legal Prohibitions Against Miscegenation 41 Law and Social Inquiry 1062 (Fall, 2016) Obasogie, Osagie K. 2013. Blinded by Sight: Seeing Race Through the Eyes of the Blind. Stanford, CA: Stanford University Press. Osagie K. Obasogie's Blinded by Sight: Seeing Race through the Eyes of the Blind (2014) makes important contributions to both to the sociology of law and to critical race studies. The book challenges colorblind racial; Search Snippet: ...through the Eyes of the Blind BLINDED BY SIGHT: THE RACIAL BODY AND THE ORIGINS OF THE SOCIAL CONSTRUCTION OF RACE... 2016
Katheryn Russell-Brown Book Review: Racial and Gender Discrimination at the Cash Counter 67 Florida Law Review Forum 207 (2016) Who you gonna believe, me or your lying eyes? Iesha Nunes's thoughtful and thorough Note, Hands Up, Don't Shoot: Police Misconduct and the Need for Body Cameras, asks us to consider how to address the problem of police violence tied to racial profiling. Using the rallying cry at the heart of the 2014 police shooting death of Michael Brown in... 2016
Tom I. Romero, II Bridging the Divide: a Proposal to Bring Testamentary Freedom to Low-income and Racial Minority Communities 48 Texas Tech Law Review 779 (Summer, 2016) I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817; Search Snippet: ...Denv. L. Rev. 329 (2012) The Keyes to Reclaiming the Racial History of the Roberts Court, 20 Mich. J. Race & L... 2016
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