| Author | Title | Citation | Summary | Year |
| J. Thomas Sullivan |
Letting Doj Lead the Way: Why Doj's Pattern or Practice Authority Is the Most Effective Tool to Control Racial Profiling |
26 Harvard Journal on Racial & Ethnic Justice 113 (Spring 2010) |
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. --Graham v. Collins, Thomas, J., concurring This article; Search Snippet: ...of Criminal Justice LETHAL DISCRIMINATION 2: REPAIRING THE REMEDIES FOR RACIAL DISCRIMINATION IN CAPITAL SENTENCING J. Thomas Sullivan [FNa1] Copyright ©... |
2010 |
| Ruqaiijah Yearby |
Litigious Uses of International Treaties to Determine Racial Status and its Consequences in Vichy France |
13 Journal of Health Care Law and Policy 325 (2010) |
Preface. 326 Introduction. 328 I. Empirical Data of Racial Inequities Due to Racial Discrimination. 336 A. Delay of Access to Nursing Home Services in a Reasonably Prompt Manner. 338 B. Denial of Admission to Quality Nursing Homes. 340 C. Inequities in the Quality of Nursing Home Care Provided to African Americans. 343 II. Civil Rights Failures in; Search Snippet: ...Leaders Article LITIGATION, INTEGRATION, AND TRANSFORMATION: USING MEDICAID TO ADDRESS RACIAL INEQUITIES IN HEALTH CARE Ruqaiijah Yearby [FNa1] Copyright (c) 2010... |
2010 |
| Lewis A. Grossman, American University |
Mark S. Weiner. Americans Without Law: the Racial Boundaries of Citizenship. New York: New York University Press, 2006. X, 197 Pp. $45.00 (Cloth) |
28 Law and History Review 874 (August, 2010) |
One would expect any decent Jeopardy! contestant to be able to name a man who argued the most famous Supreme Court case of the late nineteenth century, wrote one of the best-selling novels of that era, and was celebrated by W. E. B. Dubois's Niagara Movement as one of three great Friends of Freedom (along with William Lloyd Garrison and Frederick; Search Snippet: ...ELLIOTT, COLOR-BLIND JUSTICE: ALBION TOURGÉE AND THE QUEST FOR RACIAL EQUALITY FROM THE CIVIL WAR TO PLESSY v. FERGUSON, NEW... |
2010 |
| Samuel Brenner |
Negro Blood in His Veins: the Development and Disappearance of the Doctrine of Defamation per Se by Racial Misidentification in the American South |
50 Santa Clara Law Review 333 (2010) |
After losing a 2003 election for New York City Council for the 49th District (Staten Island), Independent Party candidate Dr. John Johnson brought suit against the Staten Island Advance, alleging, among other complaints, that the newspaper had defamed him by publishing a picture of a different Reverend John Johnson above his name, and so; Search Snippet: ...AND DISAPPEARANCE OF THE DOCTRINE OF DEFAMATION PER SE BY RACIAL MISIDENTIFICATION IN THE AMERICAN SOUTH Samuel Brenner [FNaa1] Copyright ©... |
2010 |
| John A. Powell, Caitlin Watt |
Negrophobia and Reasonable Racism |
11 Journal of Law in Society 31 (Fall, 2009/Winter, 2010) |
I. Introduction II. The Process of Race A. Moving Toward Whiteness B. Defining Whiteness as Private and Individual C. Whiteness as Exclusion III. The Process of Creating and Recreating Race: How Race is Constructed A. Mental Processes Construct Race B. Race is in Our Structure C. Systems i. Relationships ii. Causation iii. Feedback loops iv; Search Snippet: ...Society Fall, 2009/Winter, 2010 NEGOTIATING THE NEW POLITICAL AND RACIAL ENVIRONMENT John A. Powell Caitlin Watt [FNa1] Copyright © 2010 by... |
2010 |
| Kamille Wolff |
Out Yet Unseen: a Racial Critique of Gay and Lesbian Legal Theory and Political Discourse |
18 American University Journal of Gender, Social Policy and the Law 747 (2010) |
I. Introduction. 748 II. Self-Identity and Ethnicity. 750 A. Self-Identity Viewed Through the Immigrant Lens. 750 B. Self-Identity and Nationality. 752 C. Self-Identity in the Shape of Ethnic Consciousness. 756 III. Self-Identity and Culture. 764 A. Music as Cultural Expression. 764 1. Reggae and Reggaetón. 764 2. The Hip Hop Movement. 768 IV; Search Snippet: ...motto of Jamaica and is based on the nation's multi- racial roots. The motto appears on the Coat of Arms of... |
2010 |
| Deborah Jones Merritt |
Pills for Prejudice: Implicit Bias and Technical Fix for Racism |
85 Indiana Law Journal 1255 (Fall, 2010) |
There are two stories about racism in America. In the first story, we have moved far beyond our early sins of slavery and segregation. Students of color attend elite colleges and professional schools. They serve as doctors, lawyers, nonprofit leaders, and captains of industry. Signs no longer proclaim whites only, and children of all races... |
2010 |
| Ian F. Haney López |
Post-verdict Challenges to Racial Comments Made During Juror Deliberations |
98 California Law Review 1023 (June, 2010) |
The 2008 election of Barack Obama to the U.S. presidency is racially momentous. Few would gainsay that the elevation of an African American to the most powerful and most public position in our national life signals a remarkable step toward racial equality. But what exactly does Obama's election portend for race in America? This Essay uses the; Search Snippet: ...CALIFORNIA LAW REVIEW California Law Review June, 2010 Essay POST- RACIAL RACISM: RACIAL STRATIFICATION AND MASS INCARCERATION IN THE AGE OF OBAMA Ian... |
2010 |
| Lee Goldman |
Poverty, the Underclass, and the Role of Race Consciousness: a New Age Critique of Black Wealth/white Wealth and American Apartheid |
61 Syracuse Law Review Rev. 1 (2010) |
Introduction. 1 I. The Applicability of Federal Rule of Evidence 606(b) to Post-Verdict Juror Testimony of Racial Slurs Made During Juror Deliberations. 4 A. The Basic Rule. 4 B. Reasons to Reject an Interpretation of 606(b) That Would Allow Testimony of Racial Comments Made During Juror Deliberations. 4 1. Legislative History of Federal Rule of; Search Snippet: ...REVIEW Syracuse Law Review 2010 Articles POST-VERDICT CHALLENGES TO RACIAL COMMENTS MADE DURING JUROR DELIBERATIONS Lee Goldman [FNd1] Copyright ©... |
2010 |
| Roberto Concepción, Jr. |
Preferring White Lives: the Racial Administration of the Death Penalty in Maryland |
12 Scholar: St. Mary's Law Review on Minority Issues 523 (Spring 2010) |
I. Introduction. 524 II. The Fair Credit Reporting Act: The Backdrop of a Discriminatory Employment Practice. 527 III. Effectuating Disparate Impact Under the Guise of Job-Relatedness and Business Necessity. 529 A. Disparate Impact of Pre-Employment Credit Checks on Racial Minorities. 530 B. Pre-Employment Credit Checks Are Neither Job-Related nor; Search Snippet: ...2010 Articles PRE-EMPLOYMENT CREDIT CHECKS: EFFECTUATING DISPARATE IMPACT ON RACIAL MINORITIES UNDER THE GUISE OF JOB-RELATEDNESS AND BUSINESS NECESSITY... |
2010 |
| Kathryn Ladewski |
Preserving Racial Identity: Population Patterns and the Application of Anti-miscegenation Statutes to Asian Americans, 1910-1950 |
108 Michigan Law Review 577 (February, 2010) |
Many public and private universities around the country employ legacy admissions preferences in order to give children of alumni special consideration in the admissions process. Such preferences disproportionately benefit white applicants at the cost of their nonwhite counterparts, because past generations of college students were less diverse than; Search Snippet: ...LAW REVIEW Michigan Law Review February, 2010 Note PRESERVING A RACIAL HIERARCHY: A LEGAL ANALYSIS OF THE DISPARATE RACIAL IMPACT OF LEGACY PREFERENCES IN UNIVERSITY ADMISSIONS Kathryn Ladewski [FNa1... |
2010 |
| Rebecca Wanzo |
Property First, Humanity Second: the Recognition of the Slave's Human Nature in Virginia Civil Law |
33 Washington University Journal of Law and Policy 75 (2010) |
On an April morning in 2007, one of the kings of radio rose and went to greet his subjects. Don Imus was courted by politicians and writers for thirty years, and no doubt began the morning as any other day. Secure on his throne, he routinely aimed vitriol at those he thought deserving--or just for entertainment value. He also discussed serious news; Search Snippet: ...The Politics of Identity after Identity Politics PROMS AND OTHER RACIAL EPHEMERA: THE POSITIVE SOCIAL CONSTRUCTION OF AFRICAN AMERICANS IN THE... |
2010 |
| Robert D. Crutchfield, April Fernandes, Jorge Martinez |
Racial and Ethnic Disparity: a Time to Remain Silent-- and a Time to Speak |
100 Journal of Criminal Law and Criminology 903 (Summer 2010) |
Race differences in criminal involvement and racial patterns in the criminal justice system have been important topics since the beginning of American criminology. The question of whether there are meaningful racial disparities in the justice system has been important since the 1960s. In recent decades, a considerable literature focused on racial; Search Snippet: ...Symposium: A Century of Criminal Justice II. Justice in Action RACIAL AND ETHNIC DISPARITY AND CRIMINAL JUSTICE: HOW MUCH IS TOO... |
2010 |
| Daria Roithmayr |
Racial Cartels and the Thirteenth Amendment Enforcement Power |
16 Michigan Journal of Race and Law 45 (Fall 2010) |
This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of racial cartels. We can define racial cartels to include a range of all-White groups-- homeowners' associations, school districts, trade unions, real estate boards and political parties--who gained... |
2010 |
| Scott Burris , Evan D. Anderson, Ave Craigg, Corey S. Davis, Patricia Case |
Racial Disparities in Job Finding and Offered Wages |
82 Temple Law Review 1263 (Srping-Summer 2010) |
I. Introduction. 1263 II. Law Hurts; Syringe Access Helps. 1267 A. How Laws and Law Enforcement Practices Influence HIV Risks and Disparities Among IDUs. 1267 B. Syringe Access Works--Where It's Available. 1272 III. Grudging Reform, but Continued Barriers to Access. 1284 A. State and Local Syringe Exchange Laws. 1287 B. Pharmacy Sale and Syringe; Search Snippet: ...TEMPLE LAW REVIEW Temple Law Review Srping-Summer 2010 Article RACIAL DISPARITIES IN INJECTION-RELATED HIV: A CASE STUDY OF TOXIC... |
2010 |
| Nicole S. Dandridge |
Racial Exclusion and Death Penalty Juries: Can Death Penalty Juries Ever Be Representative? |
32 Western New England Law Review 471 (2010) |
Historically, successful free enterprise has been more difficult for minority entrepreneurs than it has been for whites. Certain barriers limit access to capital and industry markets as well as access to skills and work experience that facilitate proper business development and sustainability. Merely starting up a business does not mean it will; Search Snippet: ...New England Law Review 2010 Symposium: Women, Ethnicity, and Entrepreneurship RACIAL ETIQUETTE AND SOCIAL CAPITAL: CHALLENGES FACING BLACK ENTREPRENEURS Nicole S... |
2010 |
| Harry G. Hutchison © |
Racial Exhaustion |
15 Nexus: Chapman's Journal of Law & Policy Pol'y 5 (2009-2010) |
The economic and financial collapse of 2008 is one of the most alarming events since the Great Depression. Although President Obama is working overtime to save American capitalism, evidence mounts that his recovery plans and proposed new programs would leave government permanently bigger, more costly, and more intrusive. President Obama's; Search Snippet: ...of 1929: Law, Markets and the Role of the State RACIAL EXCLUSION IN THE MIRROR OF NEW DEAL RESPONSES TO THE... |
2010 |
| Stanley Halpin |
Racial Hatred: a Comparative Analysis of the Hate Crime Laws of the United States and Germany |
94 Marquette Law Review 463 (Winter 2010) |
Hate speech poses a unique problem in the realm of rights protection. Principles of freedom of expression promote its protection, whereas principles of equality favor its restriction. International human rights law, the constitutional law of the United States, and the domestic and constitutional law of Great Britain present different and frequently; Search Snippet: ...REVIEW Marquette Law Review Winter 2010 December 2010 Lead Article RACIAL HATE SPEECH: A COMPARATIVE ANALYSIS OF THE IMPACT OF INTERNATIONAL... |
2010 |
| Sara Aronchick Solow |
Racial Justice Demands Truth & Reconciliation |
28 Yale Law and Policy Review 481 (Spring 2010) |
Introduction. 481 I. A New Theory of Justice for Housing Law: Antighettoization. 485 A. Alternative Theories of Justice Embodied in Contemporary U.S. Housing Law. 485 1. Antidiscrimination: The Fair Housing Act. 486 2. Remediation: The Equal Protection Clause. 487 3. Anti-Disparate Impact: Appellate Court Jurisprudence on the Fair Housing Act. 488; Search Snippet: ...POLICY REVIEW Yale Law and Policy Review Spring 2010 Note RACIAL JUSTICE AT HOME: THE CASE FOR OPPORTUNITY-HOUSING VOUCHERS Sara... |
2010 |
| Mario L. Barnes |
Racial Paranoia as a Defense to Crimes of Violence: an Emerging Theory of Self-defense or Insanity? |
44 Law and Society Review 469 (September/December, 2010) |
It is tedious to tell again tales already plainly told. (Homer, The Odyssey) I read with significant anticipation Professor Richard Lempert's 2009 Presidential Address. For a number of reasons--personal and professional-- portions of the speech had great appeal to me. As a scholar of color who locates his intellectual home within the law and; Search Snippet: ...SOCIETY REVIEW Law and Society Review September/December, 2010 Commentator RACIAL PARADOX IN A LAW AND SOCIETY ODYSSEY Mario L. Barnes... |
2010 |
| Brooks Holland |
Racial Profiling and Antiterrorism Efforts |
20 Temple Political & Civil Rights Law Review 29 (Fall 2010) |
Racial profiling has become a familiar and ubiquitous expression for racially-motivated police conduct--a traffic stop, a stop-and-frisk, a line of questioning, or any other police action targeting an individual for investigation because of his or her race. The law of constitutional criminal procedure, however, offers criminal defendants little; Search Snippet: ...REVIEW Temple Political & Civil Rights Law Review Fall 2010 Article RACIAL PROFILING AND A PUNITIVE EXCLUSIONARY RULE Brooks Holland [FNa1] Copyright... |
2010 |
| Yevgenia S. Kleiner |
Racial Profiling in the War on Drugs Meets the Immigration Removal Process: the Case of Moncrieffe V. Holder |
30 Boston College Third World Law Journal 103 (Winter, 2010) |
Government-sponsored ethnic and racial profiling in the form of computerized and behavioral screening initiatives implemented as a response to 9/11 has led to the subjection of minorities to increased scrutiny and suspicion in American airports. In the name of national security, safety protocols are being enacted in non-uniform ways that; Search Snippet: ...JOURNAL Boston College Third World Law Journal Winter, 2010 Note RACIAL PROFILING IN THE NAME OF NATIONAL SECURITY: PROTECTING MINORITY TRAVELERS... |
2010 |
| Elise C. Boddie |
Racial Threat Versus Racial Empathy in Sentencing--capital and Otherwise |
58 UCLA Law Review 401 (December, 2010) |
Law treats race as a characteristic of individuals. Applying insights from social science, this Article argues that places can also have a racial identity and meaning based on socially engrained racial biases regarding the people who inhabit, frequent, or are associated with particular places and racialized cultural norms of spatial belonging and; Search Snippet: ...5396150 UCLA LAW REVIEW UCLA Law Review December, 2010 Article RACIAL TERRITORIALITY Elise C. Boddie [FNa1] Copyright (c) 2010 Regents of... |
2010 |
| Chinh Q. Le |
Racially Neutral in Form, Racially Discriminatory in Fact: the Implications for Voting Rights of Giving Disproportionate Racial Impact the Constitutional Importance it Deserves |
88 North Carolina Law Review 725 (March, 2010) |
When it comes to racial and ethnic integration in our nation's public schools, it matters significantly whether the federal government is friend or foe. This has always been the case, but it is particularly so now. More than three decades have passed since the last major federal initiative to promote school integration. Meanwhile, courts in recent... |
2010 |
| Andrew C. Helman |
Racism, Peremptory Challenges, and the Democratic Jury: the Jurisprudence of a Delicate Balance |
62 Maine Law Review 327 (2010) |
There is little doubt that postverdict [sic] investigation into juror misconduct would in some instances lead to the invalidation of verdicts reached after irresponsible or improper juror behavior. It is not at all clear, however, that the jury system could survive such efforts to perfect it.-- Justice O'Connor. Petitioners are not asking for a... |
2010 |
| Valerie Prochazka |
Reaction To: the Fallacious Rhetorica of Racism |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 183 (Fall, 2010) |
Katherine B. Woliver Insogna's Structural Racism and The Wire provides a thoughtful look at how structural racism is apparent in HBO's The Wire. Insogna's three illustrations of structural racism are accurate and clear, but one additional point could have been included--the use of statistics in city politics, not just the police department,; Search Snippet: ...Reproducing Racial Inequality on the Small Screen REACTION TO: STRUCTURAL RACISM AND THE WIRE Valerie Prochazka [FNa1] Copyright © 2011 by Valerie... |
2010 |
| John R. Theadore |
Ricci V. Destefano: Smoke, Fire and Racial Resentment |
18 Digest, National Italian American Bar Association Law Journal 65 (2010) |
The provisions of Title VII of the Civil Rights Act of 1964 clearly prohibit workplace discrimination based on race, regardless of whether the individual is considered a racial minority. This was recently reaffirmed by the Supreme Court in the case of Ricci v. DeStafano, where it was found that a municipality had violated the provisions of Title... |
2010 |
| Leyland Ware |
Rice V. Cayetano: Reaffirming the Racism of Hawaii's Colonial past |
8 Rutgers Journal of Law & Public Policy Pol'y 1 (Fall, 2010) |
Ricci v. DeStefano involved claims that the City of New Haven, Connecticut discriminated against a group of white and Hispanic firefighters who received the highest scores on two civil service examinations. Statutory claims were asserted under Title VII of the Civil Rights Act of 1964. Two separate constitutional claims alleged violations of the; Search Snippet: ...Issues in Public Policy RICCI v. DESTEFANO: SMOKE, FIRE AND RACIAL RESENTMENT Leyland Ware [FN1] Copyright © 2010 by the Rutgers Journal... |
2010 |
| Alexander Karn, Colgate University |
Roots of the "Underclass": the Decline of Laissez-faire Jurisprudence and the Rise of Racist Labor Legislation |
28 Law and History Review 295 (February, 2010) |
In The Price of Racial Reconciliation, Ronald W. Walters maintains that white Americans have not faced up to the injustice of the Atlantic slave trade nor taken stock of the damage slavery has done to black communities in the United States today. Comforted by a narrative that vaunts their country as a democratic beacon, America's white majority; Search Snippet: ...February, 2010 Book Review RONALD W. WALTERS, THE PRICE OF RACIAL RECONCILIATION, ANN ARBOR: UNIVERSITY OF MICHIGAN PRESS, 2008. PP. 249... |
2010 |
| Pat K. Chew |
Seeking Sankofa: Any Hope for a "Post-Racial" Future Resides in Facing Our Racial Reality |
6 Stanford Journal of Civil Rights & Civil Liberties 183 (October, 2010) |
they ask me to remember but they want me to remember their memories and I keep on remembering mine Traditional employment discrimination law does not offer remedies for subtle bias in the workplace. For instance, in empirical studies of racial harassment cases, plaintiffs are much more likely to be successful if they claim egregious and blatant... |
2010 |
| Elizabeth A. Skarin |
Standing in Racial Gerrymandering Cases |
14 Journal of Gender, Race and Justice 301 (Fall 2010) |
Soon after starting his freshman year in college, eighteen-year-old Josh was at a party in a small Florida town when several of his friends decided to share a joint. Josh, who had never smoked pot before, was feeling adventurous and decided to join them. As soon as he did, the police showed up and ticketed him for possession of marijuana. Josh pled; Search Snippet: ...Note SSDP V. SPELLINGS: JUDICIARY ACQUIESCENCE OF A LAW WITH RACIALLY DISCRIMINATORY EFFECTS? Elizabeth A. Skarin [FNa1] Copyright (c) 2010 Journal... |
2010 |
| Katherine B. Woliver Insogna |
Structural Racism and the Law in America Today: an Introduction |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 163 (Fall, 2010) |
The Center for Social Inclusion defines structural racism as the silent opportunity killer. In a country famous for opportunity, this should be a troubling phenomenon. Social problems stemming from the interaction between institutions continue, demonstrated by the fact that the war on drugs is leading to the disproportionate incarceration of; Search Snippet: ...of Law & Modern Critical Race Perspectives Fall, 2010 Article STRUCTURAL RACISM AND THE WIRE: REPRODUCING RACIAL INEQUALITY ON THE SMALL SCREEN Katherine B. Woliver Insogna [FNa1... |
2010 |
| Darius Charney, Jesus Gonzalez, David Kennedy, Noel Leader, and Robert Perry |
Suspicionless Witness Stops: the New Racial Profiling |
14 CUNY Law Review 57 (Winter 2010) |
URL: http://198.180.141.11/NYCLR_SuspectFitsDescription_09-29-2010/ ANDREA MCARDLE: I want to thank all the student organizations that helped organize this panel and welcome all of our panelists. Tonight's discussion addresses a problem of serious proportions in New York City. It is the corrosive effects of the NYPD's racially disparate... |
2010 |
| Robert H. Chaires , Emmanuel Barthe , Susan A. Lentz |
Targeting the Majority: Redesigning Racial Profiling |
16 Texas Hispanic Journal of Law and Policy 87 (Spring 2010) |
I. Introduction. 89 II. Part I. What is Racial Profiling?. 90 A. An Incidental Placement of Checkpoints?. 91 B. An Economic Argument to Racial Profiling. 92 C. Racial Profiling and Freedom. 94 III. Part II. United States - Talking the Talk, But Not Walking the Walk. 96 A. Checkpoints as the Ultimate Win for American Police Opportunists. 97 B. Come; Search Snippet: ...2010 Article TALKING THE TALK AND WALKING THE WALK OF RACIAL PROFILING: A STUDY OF AUTOMOBILE CHECKPOINT LAW IN THREE NATIONS... |
2010 |
| David Kow |
The 2016 Election, the Supreme Court, and Racial Justice |
20 Berkeley La Raza Law Journal 157 (2010) |
Ask not what your country can do for you -- ask what you can do for your country. -- President John F. Kennedy Inaugural Address Affirmative action programs in the United States have been interpreted and reinterpreted by judges and the lay public alike. Since such programs originated in a very different social context than their constitutionally; Search Snippet: ...MINORITY STUDENTS: ENHANCING THE EDUCATION OF WHITE STUDENTS UNDEREXPOSED TO RACIAL DIVERSITY [FNa1] David Kow [FNaa1] Copyright (c) 2010 Berkeley La... |
2010 |
| David Weissbrodt |
The Arkansas Supreme Court Redefines the Steps Necessary for Trial Courts to Determine Whether Peremptory Challenges Are Racially Discriminatory in Light of the United States Supreme Court's Decision in Purkett V. Elem |
19 Minnesota Journal of International Law 327 (Summer 2010) |
The four Geneva Conventions and the two Additional Protocols of 1977 generally lack authoritative mechanisms for interpretation. Interpretation and application of these treaties are principally left to the judgment of the states that are parties to the Geneva Conventions and Protocols and, increasingly, to the International Criminal Court and... |
2010 |
| Barbara A. Schwabauer |
The End of Racism. By Dinesh D'souza. New York, Ny: the Free Press. 1995. Pp. 724. Hardcover. $30.00. |
71 Ohio State Law Journal 653 (2010) |
A recent episode of the popular television show Cold Case depicted the 1964 murder of a northern, white, middle-class housewife by a Klansman-in-training, who wanted to stop her work with the Freedom Schools of Mississippi during the civil rights movement. True to the underlying premise of the show, the case went unsolved until more than forty; Search Snippet: ...TILL UNSOLVED CIVIL RIGHTS CRIME ACT: THE COLD CASE OF RACISM IN THE CRIMINAL JUSTICE SYSTEM Barbara A. Schwabauer [FNa1] Copyright... |
2010 |
| Erica Frankenberg, Leah C. Aden, Charles E. Daye |
The Future of Majority-minority Districts in Light of Declining Racially Polarized Voting |
88 North Carolina Law Review 713 (March, 2010) |
The founding of the United States as a constitutional republic was nation-building. Restoring unity in the aftermath of the Civil War was nation-building. Achieving Brown v. Board of Education and the goal of equal educational opportunity for all children was nation-building. The articles in this Issue, inspired by the April 2009 conference,... |
2010 |
| Jennifer J. Ratcliff , G. Daniel Lassiter , Victoria M. Jager , Matthew J. Lindberg, Jennifer K. Elek, Adam E. Hasinski , The College at Brockport, SUNY, Ohio University, The College at Brockport, SUNY, Ohio University |
The High Cost of Segregation: Exploring Racial Disparities in High-cost Lending |
16 Psychology, Public Policy, and Law 200 (May, 2010) |
Evaluations of videotaped criminal confessions can be influenced by the camera perspective taken during recording. Interrogations and confessions recorded with the camera directing observers' visual attention onto the suspect lead to biased judgments of the suspect. Although a camera perspective that directs visual attention onto the suspect and; Search Snippet: ...Policy, and Law May, 2010 Article THE HIDDEN CONSEQUENCES OF RACIAL SALIENCE IN VIDEOTAPED INTERROGATIONS AND CONFESSIONS Jennifer J. Ratcliff [FNa1... |
2010 |
| Marc Mauer |
The Impact of Prejudice Screening Procedures on Racial Bias in the Courtroom |
94 Judicature Judicature 6 (July-August 2010) |
The U. S. Sentencing Commission's examination of the effects of mandatory sentencing is very timely and will be of great benefit to both policymakers and practitioners. While the Commission's 1991 report on these issues was quite valuable, much has changed in the interim and there is now more than two decades of experience with these penalties. In... |
2010 |
| Lisa L. Miller |
The Invisible Hands of Structural Racism in Housing: Our Hands, Our Responsibility |
44 Law and Society Review 805 (September/December, 2010) |
The promise of civil rights is the promise of inclusion; yet the vast disparity in incarceration rates between blacks, Latinos, and whites stands as an ugly reminder of the nation's long history of race-based exclusionary practices. In this article, I argue that an important aspect of understanding race and the law in the twenty-first century is an... |
2010 |
| Gary Ford |
The New Metropolis: Social Change in California's Cities |
11 Rutgers Race & the Law Review 323 (2010) |
The new Jim Crow is the criminal justice system and its impact on poor people in general and people of colour in particular. Desre'e Watson, a six year-old black girl was arrested and charged with a felony for disruption of her kindergarten class. Shaquanda Cotton, a fifteen-year old black girl with attention deficit hyperactivity disorder... |
2010 |
| Naomi Murakawa, Katherine Beckett |
The Perennial Issue...A Unique Program Encourages the Profession to Face the Racism Within |
44 Law and Society Review 695 (September/December, 2010) |
In post--civil rights America, the ascendance of law-and-order politics and postracial ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is; Search Snippet: ...and Society Review September/December, 2010 Article THE PENOLOGY OF RACIAL INNOCENCE: THE ERASURE OF RACISM IN THE STUDY AND PRACTICE OF PUNISHMENT Naomi Murakawa Katherine... |
2010 |
| Malcolm M. Feeley |
The Pig Farmer's Daughter and Other Tales of American Justice: Episodes of Racism and Sexism in the Courts from 1865 to the Present. By Mary Frances Berry. New York, Ny: First Vintage Books. 1999. Pp. 295. $13.00 |
44 Law and Society Review 503 (September/December, 2010) |
Rick Lempert and I are the same age. As white males observing, confronting, and contemplating racial injustices, we have had different but parallel experiences. Our initial experiences with racial discrimination took place when we were young in the late 1940s and early 1950s, prior to the advent of the modern civil rights movement. He confronted it; Search Snippet: ...THE PERSONAL AND THE PROFESSIONAL: ASSESSING THE AMBIVALENT COMMITMENT TO RACIAL JUSTICE IN THE UNITED STATES Malcolm M. Feeley [FNa1] Copyright... |
2010 |
| Peggy Nicholson |
The Racial and Cultural Profiling of Asian Americans: a Review of Contemporary Asian America: a Multidisciplinary Reader by Min Zhou & James V. Gatewood, Eds. Temple University Press, 2000. Pp. 657. |
18 Virginia Journal of Social Policy and the Law 133 (Fall 2010) |
Introduction. 133 I. The Effect of Public Outrage on Capital Charging Decisions. 135 II. The Link Between Public Outrage and Racial Disparities in Capital Charging Decisions. 139 III. Correcting the Effect of Implicit Societal Racial Bias on the Charging Decision. 145 Conclusion. 150 In 1987 the Supreme Court issued a far-reaching opinion that; Search Snippet: ...PUBLIC OUTRAGE PHENOMENON & LIMITS ON REMEDYING THE EFFECT OF IMPLICIT RACIST ATTITUDES ON CAPITAL CHARGING DECISIONS Peggy Nicholson [FNa1] Copyright ©... |
2010 |
| G. Ben Cohen , Robert J. Smith |
The Racial Hoax as Crime: the Law as Affirmation |
85 Washington Law Review 425 (August, 2010) |
Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has; Search Snippet: ...WASHINGTON LAW REVIEW Washington Law Review August, 2010 Articles THE RACIAL GEOGRAPHY OF THE FEDERAL DEATH PENALTY G. Ben Cohen [FNa1... |
2010 |
| Seth Kotch, Robert P. Mosteller |
The Racial Justice Act in Kentucky |
88 North Carolina Law Review 2031 (September, 2010) |
In August 2009, the North Carolina General Assembly enacted the Racial Justice Act (RJA), which commands that no person shall be executed pursuant to any judgment that was sought or obtained on the basis of race. One of the most significant features of the RJA is its use of statistical evidence to determine whether the race of defendants or; Search Snippet: ...LAW REVIEW North Carolina Law Review September, 2010 Article THE RACIAL JUSTICE ACT AND THE LONG STRUGGLE WITH RACE AND THE... |
2010 |
| Gennaro F. Vito, Ph.D. |
The Racial Justice Act of 1994-- Undermining Enforcement of the Death Penalty Without Promoting Racial Justice |
37 Northern Kentucky Law Review 273 (2010) |
Despite the super due process procedures outlined in Gregg v. Georgia, the reinstitution of the death penalty in 1976 did not prevent racial discrimination in capital sentencing. Post-Gregg studies of capital sentencing have consistently demonstrated that the racial makeup of the victim-offender relationship in murder cases has affected the; Search Snippet: ...Northern Kentucky Law Review 2010 Death Penalty Issue Articles THE RACIAL JUSTICE ACT IN KENTUCKY Gennaro F. Vito , Ph.D. [FNa1] Copyright... |
2010 |
| Dov Fox |
The Secret Ambition of Racial Profiling |
38 American Journal of Criminal Law 49 (Fall 2010) |
Introduction. 49 I. The Biopolitics of Race. 52 II. The Genetics of Appearance. 61 III. Suspect Identification Doctrine. 66 IV. Suspect Identification Theory. 72 Conclusion. 79; Search Snippet: ...of Criminal Law Fall 2010 Article THE SECOND GENERATION OF RACIAL PROFILING [FNa1] Dov Fox [FNaa1] Copyright (c) 2010 American Journal... |
2010 |
| Michael Tonry |
The South Carolina Secession Statement of 1860 and the One Florida Initiative: the Limits of a Historical Analogy and the Possibility of Racial Reconciliation |
39 Crime and Justice 273 (2010) |
Imprisonment rates for black Americans have long been five to seven times higher than those for whites. The immediate causes are well known: high levels of black imprisonment resulting in part from higher black than white arrest rates for violent crime and vastly higher black drug arrest rates. Drug arrest disparities result from police decisions; Search Snippet: ...and Justice 2010 THE SOCIAL, PSYCHOLOGICAL, AND POLITICAL CAUSES OF RACIAL DISPARITIES IN THE AMERICAN CRIMINAL JUSTICE SYSTEM Michael Tonry [FNa1... |
2010 |