AuthorTitleCitationSummaryYear
William Quigley Racism's past and Law's Future 13 Loyola Journal of Public Interest Law 417 (Spring 2012) The biggest crime in the U.S. criminal justice system is that it is a race-based institution where African-Americans are directly targeted and punished in a much more aggressive way than white people. It may be politically controversial in some circles to say the U.S. criminal justice system is racist, but the facts are overwhelming. No real debate; Search Snippet: ...LAW Loyola Journal of Public Interest Law Spring 2012 Article RACISM: THE CRIME IN CRIMINAL JUSTICE William Quigley [FN1] Copyright ©... 2012
David Tuteur Reaction To: Keeping "Them" Out: Criminal Record Screening, Public Housing, and the Fight Against Racial Caste 4 Georgetown Journal of Law & Modern Critical Race Perspectives 189 (Fall, 2012) In his Note, Jury Discretion and Racism: The Stray Away from Furman and the Persistence of Racial Disparities in the Death Penalty, author Neil Diskin reviews the history of death penalty jurisprudence as it relates to the Supreme Court's willingness to allow jury discretion, and thus possibly racism, in administering the death penalty. Diskin; Search Snippet: ...Disparities in the Death Penalty REACTION TO: JURY DISCRETION AND RACISM: THE STRAY AWAY FROM FURMAN AND THE PERSISTENCE OF RACIAL DISPARITIES IN THE DEATH PENALTY David Tuteur [FNa1] Copyright © 2012... 2012
Gillet Rosenblith Reaction To: Race, Law and the Free Market: a Critical Law and Economics Conception of Racism (Group Subordination) as Asymmetrical Market Failure the Intersection of Racism and Efficient Markets 4 Georgetown Journal of Law & Modern Critical Race Perspectives 209 (Fall, 2012) In Keeping Them Out: Criminal Record Screening, Public Housing, and the Fight Against Racial Caste, Jesse Kropf contends that mitigating racial discrimination in Public Housing Authority (PHA) practices represents one legal means to help dismantle the racial caste system within the United States. Demonstrating both the structural racism within; Search Snippet: ...OUT: CRIMINAL RECORD SCREENING, PUBLIC HOUSING, AND THE FIGHT AGAINST RACIAL CASTE Gillet Rosenblith [FNa1] Copyright © 2012 by Gillet Rosenblith In... 2012
Brian A. White Reaction To: Structural Racism and the Wire 4 Georgetown Journal of Law & Modern Critical Race Perspectives 211 (Fall, 2012) In this Article, Andre L. Smith dissects the less-than-ostensible relationship between market efficiency and the subordination of African Americans in the United States. An efficient marketplace requires multiple factors, operating in conjunction, to maximize profit for the parties participating in the transaction(s). The efficiency of any; Search Snippet: ...THE FREE MARKET: A CRITICAL LAW AND ECONOMICS CONCEPTION OF RACISM (GROUP SUBORDINATION) AS ASYMMETRICAL MARKET FAILURE THE INTERSECTION OF RACISM AND EFFICIENT MARKETS Brian A. White [FNa1] Copyright © 2012 by... 2012
Michael Z. Green Reading, Writing, and Race: the Constitutionality of Educational Strategies Designed to Teach Racial Literacy 87 Indiana Law Journal 367 (Winter, 2012) I have asserted a firm conviction . . . that working together we can move beyond some of our old racial wounds, and that in fact we have no choice if we are to continue on the path of a more perfect union. For the African-American community, that path . . . also means binding our particular grievances . . . to the larger aspirations of all; Search Snippet: ...a Post-Racial America? READING RICCI AND PYETT TO PROVIDE RACIAL JUSTICE THROUGH UNION ARBITRATION Michael Z. Green [FNa1] Copyright ©... 2012
Abigail Thernstrom Redressing Wounds: Finding a Legal Framework to Remedy Racial Disparities in Medical Care 23 Stanford Law and Policy Review 373 (2012) I was shortsighted, naïve and narrow-minded to endorse the concept of drawing Congressional districts to take racial demographics into account. Cynthia Tucker, in her confessional editorial in the South's premier newspaper, was too hard on herself. She had long supported race-conscious districting, but her erstwhile convictions had been those of; Search Snippet: ...2012 Symposium: Redistricting in the 2010S REDISTRICTING IN TODAY'S SHIFTING RACIAL LANDSCAPE Abigail Thernstrom [FNa1] Copyright (c) 2012 Board of Trustees... 2012
Claire Chiamulera, CLP Editor Reducing Racial Disparities Through Structural Criminal Justice Reforms 31 Child Law Practice 62 (April, 2012) When Eric Fenner became the director of Children and Family Services in Franklin County, Ohio he knew he had to do something about racial disparities in the child welfare system. By working closely with the community to learn its needs and engaging the agency's staff to identify solutions, the agency lowered the number of African American children... 2012
Robert P. Mosteller Response to Sanford Levinson: Who Counts?--the Politics of Racial Membership and Excommunication 10 Ohio State Journal of Criminal Law 103 (Fall, 2012) In McCleskey v. Kemp, the United States Supreme Court ruled that to prevail under the Equal Protection Clause, [the defendant] must prove the decisionmakers in his case acted with discriminatory purpose. The Court then ruled that statistical evidence regarding apparent disparities in sentencing based on race could not be used to establish the; Search Snippet: ...E. Sundby RESPONDING TO MCCLESKEY AND BATSON: THE NORTH CAROLINA RACIAL JUSTICE ACT CONFRONTS RACIAL PEREMPTORY CHALLENGES IN DEATH CASES Robert P. Mosteller [FNa1] Copyright... 2012
Kristen Barnes Righting Civil Rights 22 Temple Political & Civil Rights Law Review 95 (Fall 2012) [If affirmative action] conflicts with idealistic equality, that tension is original Fourteenth Amendment tension, constitutionally conceived and constitutionally imposed, and it is part of the Amendment's very nature until complete equality is achieved in the area. -Justice Blackmu n The way to stop discrimination on the basis of race is to; Search Snippet: ...Fall 2012 Article RIDING INTO THE SUNSET IN A POST- RACIAL WORLD: LESSONS IN EQUAL EDUCATIONAL OPPORTUNITY AND COLLEGE ADMISSIONS SCHEMES... 2012
Marian Moser Jones Risk Assessment Instruments Are Inappropriate for Sentence Reform: Real Solutions for Reform Address Racial Stratification 19 Washington and Lee Journal of Civil Rights and Social Justice 19 (Fall, 2012) Disasters are fundamentally social and cultural phenomena. Often, the solutions to disaster preparedness [and] response do not just involve technology. Of course we need warning systems, and of course, it is great to know that a hurricane is coming two days ahead of time [so] we can get out of the way. But fundamentally, we have to look at our; Search Snippet: ...Justice Fall, 2012 Article RISING TO THE SURFACE: DISASTERS AND RACIAL HEALTH DISPARITIES IN AMERICAN HISTORY Marian Moser Jones [FNa1] Copyright... 2012
Enbar Toledano Section 51 Actions Against Private Racial Profiling 61 Emory Law Journal 389 (2011-2012) The Fifteenth Amendment purported to withdraw race and color from the calculus of suffrage. Instead, it gave rise to an era of creative exclusion in which Southern states erected one barrier after another and Congress floundered in its attempts to secure the black vote it had promised. After ninety-five years, progress at last seemed possible with... 2012
Hal Budnick So Long as Lawmakers Do Not Use the N-word: the Maximum Family Grant Example of How the Equal Protection Clause Protects Racially Discriminatory Laws 77 Brooklyn Law Review 1249 (Spring, 2012) The New York City Fire Department (the Fire Department or FDNY), despite its proud history, remains an organization unwelcoming to minorities. In 2007, the United Stateslater joined by the Vulcan Society and individual plaintiffs brought suit against the Fire Department alleging that it discriminated against blacks and Hispanics in violation of... 2012
Michael McIntosh Solving the Problem of Gender and Racial Bias in Administrative Adjudication 3 California Law Review Circuit 145 (May, 2012) Once more the Supreme Court is poised to add a modern gloss on Brown v. Board of Education, updating the decision's meaning in light of changing demographics and increasingly sophisticated school admissions policies. In October Term 2012, the Court will hear arguments in Fisher v. University of Texas at Austin, in which it will grapple yet again; Search Snippet: ...Law Review Circuit May, 2012 SOLVING THE MCCLESKEY DILEMMA: EMBRACING RACIAL DIVERSITY IN SCHOOLS Michael McIntosh Copyright © 2012 California Law Review... 2012
Jesse J. Norris, J.D., Ph.D. State of Georgia 47 Gonzaga Law Review 493 (2011-2012) A number of states have begun high-level processes to analyze and reduce racial and ethnic disparities in the criminal justice system. This article provides a preliminary empirical evaluation of these efforts, focusing on both the governance and substantive content of the anti-disparities processes. Results indicate that these efforts are not; Search Snippet: ...Review 2011-2012 Article and Essay STATE EFFORTS TO REDUCE RACIAL DISPARITIES IN CRIMINAL JUSTICE: EMPIRICAL ANALYSIS AND RECOMMENDATIONS FOR ACTION... 2012
David C. Baldus , Catherine M. Grosso , Robert Dunham , George Woodworth , Richard Newell Status on Trial: the Racial Ramifications of Admitting Prostitution Evidence under State Rape Shield Legislation 97 Iowa Law Review 1425 (July, 2012) I. Introduction. 1427 II. Background. 1429 A. The Batson Evidentiary Framework. 1429 B. Disparate Treatment Issues in the Batson Evidentiary Framework. 1430 III. From Miller-El I through Snyder. 1435 A. The Many Cases of Thomas Joe Miller-El. 1436 B. Continued Attention to the Analytical Model: Johnson v. California (2005) & Snyder v. Louisiana; Search Snippet: ...on the Landmark, Reflections on Its Legacy STATISTICAL PROOF OF RACIAL DISCRIMINATION IN THE USE OF PEREMPTORY CHALLENGES: THE IMPACT AND... 2012
William M. Wiecek Structural Racism, Structural Pollution and the Need for a New Paradigm 100 Kentucky Law Journal 1 (2011-2012) The University of Kentucky College of Law sponsored a conference titled Structural Racism: Inequality in America Today on February 25, 2011, funded from a bequest by the late James M. Lassiter. Judge Lassiter was a 1949 graduate of the College of Law, and served as a Commonwealth Attorney and a Circuit Court judge for much of his distinguished... 2012
Betsey Stevenson, Justin Wolfers Subtracting Race from the "Reasonable Calculus": an End to Racial Profiling? United States V. Montero-camargo, 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom 41 Journal of Legal Studies 459 (June, 2012) Progress in closing differences in many objective outcomes for blacks relative to whites has slowed, and even worsened, over the past 3 decades. However, over this period the racial gap in happiness has shrunk. In the early 1970s data revealed much lower levels of subjective well-being among blacks relative to whites. Investigating various measures; Search Snippet: ...Law and Economics of Race SUBJECTIVE AND OBJECTIVE INDICATORS OF RACIAL PROGRESS Betsey Stevenson Justin Wolfers [FNa1] Copyright © 2012 by The... 2012
Kareem U. Crayton Syllabus: Asian Pacific Americans and the Law 64 Rutgers Law Review 973 (Summer 2012) I. Introduction. 973 II. A Primer on Racially Polarized Voting. 976 A. Definitions. 976 B. Varieties of RPV Analysis. 978 1. Exit Polls. 979 2. Homogenous Precinct Analysis. 980 3. Ecological Inference. 981 C. Scholarship & RPV. 982 D. Evolution of RPV in the Law. 985 III. Uses & Misuses of RPV Studies. 989 A. (Mis)using RPV as Shield. 990 1. North; Search Snippet: ...Article SWORD, SHIELD, AND COMPASS: THE USES AND MISUSES OF RACIALLY POLARIZED VOTING STUDIES IN VOTING RIGHTS ENFORCEMENT Kareem U. Crayton... 2012
Jordan Blair Woods Systemic Triage: Implicit Racial Bias in the Criminal Courtroom Crook County: Racism and Injustice in America's Largest Criminal Court by Nicole Van Cleve Stanford University Press, April 2016 17 Michigan Journal of Race and Law 303 (Spring 2012) This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the... 2012
J. Thomas Sullivan The Admissibility of Expert Psychological Testimony on the Unreliability of Cross-Racial Identifications 13 Journal of Appellate Practice and Process 91 (Spring 2012) It is important to recall what motivated Members of this Court at the genesis of our modern capital punishment case law. Furman v. Georgia was decided in an atmosphere suffused with concern about race bias in the administration of the death penalty--particularly in Southern States. Fifteen years after Furman v. Georgia, Justice Powell, writing for; Search Snippet: ...and Process Spring 2012 Furman at Forty THE ABYSS OF RACISM J. Thomas Sullivan [FNa1] Copyright (c) 2012 William H. Bowen... 2012
Candace Hamilton Hester, Chris Meyer, Steven Raphael The Fair Sentencing Act of 2010 and Federal Cocaine Sentencing Policy-- How Congress Continues to Allow Implicit Racial Animus Towards African Americans to Permeate Federal Cocaine Sentencing 41 Journal of Legal Studies 385 (June, 2012) This paper analyzes changes in gender employment rate (GER) differentials for whites and blacks in the United States from 1950 to 2008. We document the evolution of the GER gap, which narrows considerably within both racial groups and turns slightly negative for blacks. We document the changing employment levels that drive these patterns as well as... 2012
Robert J. Smith, Justin D. Levinson The Impact of Mandatory Minimum Penalties in Federal Sentencing 35 Seattle University Law Review 795 (Spring, 2012) The disproportionate incarceration of minorities is one of the American criminal justice system's most established problems. In spite of a societal backdrop in which descriptive claims of a post-racial America prosper, the problematic racial dynamics of criminal justice persist. The numbers are stark and clear: one out of every twenty-nine black; Search Snippet: ...University Law Review Spring, 2012 I THE IMPACT OF IMPLICIT RACIAL BIAS ON THE EXERCISE OF PROSECUTORIAL DISCRETION Robert J. Smith... 2012
Jordan S. Rubin The Intersection of Intellectual Property and Race in the Twenty-first Century: an Examination of the Interpretation of Racial Categories in Patent Law 13 Rutgers Race & the Law Review 147 (2012) And he who at every age, as boy and youth and in mature life, has come out of the trial victorious and pure, shall be appointed a ruler and guardian of the State . . . But him who fails, we must reject. I am inclined to think that this is the sort of way in which our rulers and guardians should be chosen and appointed. I speak generally, and not; Search Snippet: ...Note THE INTERPRETATION OF UMPIRES' DREAMS: TESTING SUPREME COURT NOMINEES' RACIAL BIASES Jordan S. Rubin [FNa1] Copyright (c) 2012 Rutgers Race... 2012
Sora Y. Han The Love in Loving: Overcoming Artificial Racial Barriers 1 British Journal of American Legal Studies 77 (Spring, 2012) [I]n the interpretations of Laws, whether Divine, or Humane, there is no end; Comments beget Comments, and Explications make new matter for Explications: And of limiting, distinguishing, varying the signification of these moral Words, there is no end . Many a Man, who was pretty well satisfied of the meaning of the Text of Scripture, or Clause in; Search Snippet: ...American Legal Studies Spring, 2012 Article The Long Shadow of Racial Profiling Sora Y. Han [FN1] Copyright © 2012 by British Journal... 2012
Priscilla A. Ocen The Newly-created Racial Bias Exception to the General Rule That Precludes Jurors from Offering Testimony to Impeach Their Own Verdict 59 UCLA Law Review 1540 (August, 2012) This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... 2012
Neil Vidmar The Ocba's Racial Justice Task Force 97 Iowa Law Review 1969 (October, 2012) Introduction. 1970 Why Racial Bias Harms the Justice System. 1972 A. Deliberative Accuracy of the Jury. 1972 B. Confronting Explicit and Implicit Racial Bias. 1975 C. Serious Harm to the Perceived Legitimacy of the Criminal Justice System. 1980 Conclusion. 1982; Search Snippet: ...REVIEW Iowa Law Review October, 2012 Article THE NORTH CAROLINA RACIAL JUSTICE ACT: AN ESSAY ON SUBSTANTIVE AND PROCEDURAL FAIRNESS IN... 2012
Kaitlyn Murphy The Primary Runoff: Racism's Reprieve? 27 Berkeley Journal of Gender, Law & Justice 350 (Summer 2012) Even single-interest advocacy groups are not monolithic. Although everyone in the women's movement ostensibly cares about women's rights, the policy changes that benefit some women do not benefit all women equally. The priorities for a working mother who is African American may not be the same priorities as those of white college students with no; Search Snippet: ...THE WELFARE RIGHTS MOVEMENT IN AN ERA OF COLOR BLIND RACISM BY ROSE ERNST. NEW YORK: NEW YORK UNIVERSITY PRESS, 2010... 2012
Kathleen Bonner TRacing the History of Racial Inclusion and Debunking the Color-blind/post-Racial Myth 23 Villanova Environmental Law Journal 89 (2012) In the small, suburban, working-class town of Kennedy Heights, Texas, hundreds of individuals complain of rashes, headaches, and a water supply contaminated with oil and toxins. More serious health issues also plague these unsuspecting residents, such as cancerous brain tumors, cancer, lupus, birth defects, menstrual problems, and even death. As; Search Snippet: ...Environmental Law Journal 2012 Comment TOXINS TARGETED AT MINORITIES: THE RACIST UNDERTONES OF ENVIRONMENTALLY-FRIENDLY INITIATIVES Kathleen Bonner [FNa1] Copyright ©... 2012
Jeremiah Chin What Can Dna Exonerations Tell Us about Racial Differences in Wrongful-conviction Rates? 48 California Western Law Review 369 (Spring 2012) I get down for my grandfather who took my momma Made her sit in that seat where white folks ain't want us to eat At the tender age of six she was arrested for the sit-ins With that in my blood I was born to be different That's why I hear new music and I just don't be feeling itRacism's still alive they just be concealing it. As a hip-hop producer,; Search Snippet: ...and Present Complexions WHAT A LOAD OF HOPE: THE POST- RACIAL MIXTAPE Jeremiah Chin [FNa1] Copyright (c) 2012 California Western School... 2012
Judith A. Baer When Honesty Is 'Simply . . . Impractical' for the Supreme Court: How the Constitution Came to Require Busing for School Racial Balance 48 Tulsa Law Review 299 (Winter, 2012) Serena Mayeri, Reasoning from Race: Feminism, Law, and the Civil Rights Revolution (2011). Pp. 369. $39.95. One generation's news becomes the next generation's history. The scholar reads in the archives what the participant got from experience and the observer got from the media. Serena Mayeri's first book focuses on events familiar to second-wave; Search Snippet: ...Review Winter, 2012 Book Review WHEN EXPERIENCE BECOMES HISTORY: SEXISM, RACISM, AND THE JUDICIAL MIND Judith A. Baer [FNa1] Copyright ©... 2012
Jessica L. West 2. Application to Incarcerated Persons--inmate Racial Segregation 27 Harvard Journal on Racial & Ethnic Justice 165 (Spring 2011) I. Introduction. 166 II. The Evidentiary Prohibition on Post-Verdict Inquiry into Juror Deliberations. 171 A. The History of the Evidentiary Prohibition. 171 B. Concerns Protected by the Evidentiary Prohibition. 175 C. Contemporary Interpretation of the Rule: Tanner v. U.S. 178 III. The Evidentiary Prohibition within the Context of Juror; Search Snippet: ...JUSTICE Harvard Journal on Racial & Ethnic Justice Spring 2011 12 RACIST MEN: POST-VERDICT EVIDENCE OF JUROR BIAS Jessica L. West... 2011
Jason Rathod A Prescription for Racial Equality in Medicine 13 Berkeley Journal of African-American Law & Policy 139 (2011) The future is like heaven, everyone exalts it, but no one wants to go there now.--James Baldwin The Voting Rights Act of 1965 (VRA) was enacted to foster our transformation to a society that is no longer fixated on race. This Article critiques the prevailing election law scholarship and jurisprudence as out of step with the VRA's post-racial... 2011
Charles L. Nier, III , Maureen R. St. Cyr A Racial Justice Perspective on Monitoring Domestic Violence Offenders Using Gps Systems 83 Temple Law Review 941 (Summer 2011) On January 27, 2011, after interviewing over 700 witnesses and reviewing millions of pages of documents, the Financial Crisis Inquiry Commission (FCIC) issued a 633-page report examining the causes of the current financial and economic crisis in the United States. While the report scrutinizes the financial crisis in exacting detail, it largely; Search Snippet: ...TEMPLE LAW REVIEW Temple Law Review Summer 2011 Article A RACIAL FINANCIAL CRISIS: RETHINKING THE THEORY OF REVERSE REDLINING TO COMBAT... 2011
Bart M. J. Szewczyk, Wilmer Cutler Pickering Hale & Dorr LLP Apprendi 105 American Journal of International Law 747 (October, 2011) On April 1, 2011, the International Court of Justice (ICJ) delivered a judgment on preliminary objections to its jurisdiction in Application of the International Convention on the Elimination of All Forms of Racial Discrimination, a contentious case between Georgia and the Russian Federation. In an earlier order dated October 15, 2008, the Court; Search Snippet: ...THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (GEORGIA v. RUSSIAN FEDERATION). PRELIMINARY OBJECTIONS. 50 ILM 607... 2011
Mary Romero Arguments Appealing to Racial Prejudice: Uncertainty, Impartiality, and the Harmless Error Doctrine 14 Harvard Latino Law Review 337 (Spring 2011) Recent anti-immigrant legislation proposed in Arizona suggests strong nativism sentiment demanding more draconian measures against non-citizens residing illegally in the United States, particularly towards immigrants of color. The use of military language in describing immigration raids conducted by homeland security, along with a growing number of; Search Snippet: ...Nation, and Outsiders Within Outsiders ARE YOUR PAPERS IN ORDER?: RACIAL PROFILING, VIGILANTES, AND AMERICA'S TOUGHEST SHERIFF Mary Romero [FNa1] Copyright... 2011
India D. Williams Arizona's Anti-immigration Law and the Pervasiveness of Racial Profiling 36 Journal of the Legal Profession 269 (Fall, 2011) On April 23, 2010, Arizona enacted Senate Bill 1070, which is designed to deter the entry and presence of aliens who lack lawful status under federal immigration law. The measure requires state and local law enforcement officials to undertake the detection of unauthorized aliens in their daily enforcement activities. The enactment of Arizona Senate; Search Snippet: ...2011 Student Commentary ARIZONA SENATE BILL 1070: [FN1] STATE SANCTIONED RACIAL PROFILING? [FN2] India D. Williams Copyright © 2011 by The Journal... 2011
Yaron Gottlieb Article Abstracts 23 Florida Journal of International Law 135 (August, 2011) I. Introduction. 136 II. Article 3 in Context. 137 III. The Interpretation of Article 3: General Observations. 141 A. The Applicable Principles of Interpretation. 141 B. The Difference Between the English, French and Spanish Versions of Article 3. 143 C. The Interrelation Between Article 3 and the Concept of Ordinary Law Crime. 145 IV. INTERPOL's; Search Snippet: ...WITH THE PROHIBITION ON ENGAGING IN POLITICAL, MILITARY, RELIGIOUS, OR RACIAL ACTIVITIES Yaron Gottlieb [FNa1] Copyright (c) 2011 Florida Journal of... 2011
Joanna Shepherd Bailey, George B. Shepherd Batson V. Kentucky: a Half Step in the Right Direction (Racial Discrimination and Peremptory Challenges under the Heavier Confines of Equal Protection) 44 Connecticut Law Review 197 (November, 2011) Major League Baseball has recently experienced two puzzling upheavals. First, the number of foreign players has grown, to twenty-eight percent of all players. At the same time, the fraction of African-American players has declined, and is now at its lowest level in more than thirty years. The solution to the puzzle lies within the league itself. In; Search Snippet: ...LAW REVIEW Connecticut Law Review November, 2011 Article BASEBALL'S ACCIDENTAL RACISM: THE DRAFT, AFRICAN-AMERICAN PLAYERS, AND THE LAW Joanna Shepherd... 2011
Kami Chavis Simmons Bell's Blues 18 Washington and Lee Journal of Civil Rights and Social Justice 25 (Fall, 2011) C1-3Table of Contents I. Racial Profiling: The Problem of Proof. 31 A. Proving Racial Profiling: Dueling Statistics. 32 B. The Difficulty Sustaining Racial Profiling Claims Based on Equal Protection. 37 II. The Harms of Racial Profiling. 39 A. Racial Profiling Imposes a Racial Tax on Impacted Individuals and Groups. 40 B. Racial Profiling; Search Snippet: ...Rights and Social Justice Fall, 2011 Article BEGINNING TO END RACIAL PROFILING: DEFINITIVE SOLUTIONS TO AN ELUSIVE PROBLEM [FNd1] Kami Chavis... 2011
Lisa Eckstein Beyond Supreme Court Anti-discrimination: an Essay on Racial Subordinations, Racial Pleasures and Commodified Race 66 Food & Drug Law Journal 243 (2011) The relative costs and benefits of undertaking racial and ethnic analyses in clinical trials has been the subject of passionate debate. Some commentators recommend, and even seek to mandate, the use of such analyses on the basis of the medical knowledge that they can bring to light and, as the argument goes, the potential for this knowledge to... 2011
Natalie Quan Black and White Prom Nights: the Unconstitutionality of Racially Segregated High School Proms in the 21st Century 84 Southern California Law Review 1403 (September, 2011) I. INTRODUCTION. 1404 II. DNA IN THE LEGAL CONTEXT. 1406 A. DNA Defined. 1407 B. DNA and Law Collide. 1408 C. CODIS and NDIS. 1409 D. Thirteen Core STR Loci. 1410 E. DNA Dragnets. 1411 F. DNAWitness and Like Analyses. 1412 III. THE EMERGENCE OF RACE. 1413 A. Folktales of a Knowable Essence. 1414 B. Missteps: Taxonomy, Social Darwinism, and; Search Snippet: ...OVER? THE IMPROPRIETY OF USING CRIME SCENE DNA TO CONSTRUCT RACIAL PROFILES OF SUSPECTS Natalie Quan [FNa1] Copyright (c) 2011 University... 2011
Mark P. Fancher Bou Tique Egg Donations: a New Form of Racism and Patriarchy 13 Journal of Law in Society 267 (Fall, 2011) C1-2Table of Contents I. Introduction. 267 II. The Criminalization of Africans. 268 A. Enslavement. 268 B. Post-Slavery Propaganda and Criminal Sanctions. 272 C. Racial Profiling and Mass Incarceration. 274 III. The School-to-Prison Pipeline. 275 A. Infrastructure. 275 B. Punishment. 276 IV. Conclusion. 279; Search Snippet: ...in Society Fall, 2011 2011 Symposium BORN IN JAIL: AMERICA'S RACIAL HISTORY AND THE INEVITABLE EMERGENCE OF THE SCHOOL-TO-PRISON... 2011
Dov Fox Christopher Waldrep, Jury Discrimination: the Supreme Court, Public Opinion, and a Grassroots Fight for Racial Equality in Mississippi, Athens and London: University of Georgia Press, 2010. Pp. 328. $44.95 Cloth (Isbn 978-0-8203-3002-0) 22 Hastings Women's Law Journal L.J. 3 (Winter 2011) Few choices matter more to us than those we make about the person with whom we will share a life or start a family. When having children involves assisted reproduction, selecting an egg or sperm donor occasions similar gravity. Such decisions typically bring to bear a patchwork of preferences about the particular physique, disposition, or values we; Search Snippet: ...from The Yale Law Journal Company, Inc. See Dov Fox, Racial Classification in Assisted Reproduction, 118 Yale L.J. 1844 (2009)... 2011
Christopher W. Schmidt, Chicago--Kent College of Law Citizen Police: Using the Qui Tam Provision of the False Claims Act to Promote Racial and Economic Integration in Housing 29 Law and History Review 651 (May, 2011) Christopher Waldrep's new book opens with a dramatic courtroom episode from 1909. It involves, as the author nicely puts it, an obscure litigation over a forgotten man's pride and reputation in a small town deep in the Mississippi Delta (3). Pinkard Dowans, a black man, sued the operators of a white-run newspaper for libel after the newspaper; Search Snippet: ...THE SUPREME COURT, PUBLIC OPINION, AND A GRASSROOTS FIGHT FOR RACIAL EQUALITY IN MISSISSIPPI, ATHENS AND LONDON: UNIVERSITY OF GEORGIA PRESS... 2011
David B. Oppenheimer Columbus's Legacy: Law as an Instrument of Racial Discrimination Against Indigenous Peoples' Rights of Self-determination 13 Berkeley Journal of African-American Law & Policy 229 (2011) In 1996 California voters passed Proposition 209, amending the state constitution to prohibit affirmative action in public education, contracting, and employment. In an eloquent decision, Judge Thelton Henderson of the U.S. District Court held that the initiative violated the Equal Protection Clause of the Fourteenth Amendment to the U.S; Search Snippet: ...Journal of African-American Law & Policy 2011 Article COLOR-BLINDNESS, RACISM-BLINDNESS, AND RACISM-AWARENESS: REVISITING JUDGE HENDERSON'S PROPOSITION 209 DECISION David B. Oppenheimer... 2011
L. Darnell Weeden Criminal Procedure--waiver of Constitutional Rights--second Circuit Vacates Convictions on Grounds of Juror Bias and Collusion Between Parties and Trial Court to Achieve Racially Balanced Jury.--united States V. Nelson, 277 F.3d 164 (2d Cir. 2002). 17 Washington and Lee Journal of Civil Rights and Social Justice 305 (Spring, 2011) C1-3Table of Contents L1-2 Introduction . L3306 I. Police Investigate Apparent Break-In at Professor Gates' Home. 307 II. The Concept of Racial Profiling Involves Race Conscious Targeting. 310 III. The Initial Questioning of Professor Gates is Permitted Under the Fourth Amendment Because Reasonable Suspicion Exists. 315 IV. The Disorderly Conduct; Search Snippet: ...and Social Justice Spring, 2011 Article CRIMINAL PROCEDURE AND THE RACIAL PROFILING ISSUE FOR PROFESSOR GATES AND SERGEANT CROWLEY L. Darnell... 2011
Amos N. Jones Defending Racial Violence 33 North Carolina Central Law Review 187 (2011) In the United States of America, the presumption of innocence is an essential bulwark against the injustice of arbitrariness, a liberty safeguard entrenched in the common law. The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement that lies at the; Search Snippet: ...Carolina Central Law Review 2011 Essay DEFENDING PROFILING WHILE COMBATING RACISM: A COMPANION TO OGLETREE'S PRESUMPTION OF GUILT Amos N. Jones... 2011
Lisa Eckstein, S.J.D. Engaging the Spirit of Racial Healing Within Critical Race Theory: an Exercise in Transformative Thought 12 Houston Journal of Health Law & Policy 1 (Fall, 2011) Consider a scenario in which a researcher accesses a large repository of genetic sequences and sets out to look for a gene suspected to predispose carriers to alcoholism. The data has been stripped of all personal identifiers; however, it retains information about participants' racial and ethnic affiliations. After analyzing the sequences, the; Search Snippet: ...Houston Journal of Health Law & Policy Fall, 2011 Article ENGAGING RACIAL AND ETHNIC GROUPS IN THE REGULATION OF RESEARCH: LESSONS FROM... 2011
SpearIt Environment Justice: a Survey of the Ailments of Environmental Racism 2011 Michigan State Law Review 705 (2011) Introduction. 706 I. The Temple of Taxonomy: Built on Sand. 708 A. Race & Color in the Language of Law. 710 1. Constitutions. 710 2. Statutes. 714 3. The U.S. Census. 720 B. Legal & Social Constructions of Whiteness. 726 II. Structural Racism. 729 A. The Politics of Naming. 730 1. Objectifying the Other. 732 2. Ritualizing Otherness. 734 B; Search Snippet: ...Law Review 2011 ENSLAVED BY WORDS: LEGALITIES & LIMITATIONS OF POST- RACIAL LANGUAGE SpearIt [FNa1] Copyright © 2011 Michigan State University College of... 2011
Ian Haney López Freeing Racial Harassment from the Sexual Harassment Model 62 Alabama Law Review 1005 (2011) The title of my talk is Freedom, Mass Incarceration, and Racism in the Age of Obama. Let us start with freedom. Who--other than law professors asked to riff on the topic--actually talk at length about freedom anymore? Two groups come to mind: marketing types and militia members. (I would have said Tea Party instead of militia members, but the... 2011
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