| Author | Title | Citation | Summary | Year |
| Connie de la Vega |
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment? |
16 ILSA Journal of International and Comparative Law 627 (Summer, 2010) |
I. L2-3,T3The Special Measures Standards under CERD and International Law 633. II. L2-3,T3Affirmative Action in the United States 644. A. Demographics. 644 B. The History of Affirmative Action and the Supreme Court's Response in the United States. 651 III. L2-3,T3Affirmative Action in South Africa 659. A. Demographics. 659 B. The History of; Search Snippet: ...THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: LESSONS FROM THE UNITED STATES AND SOUTH AFRICA Connie... |
2010 |
| Deborah L. Meyer |
The State as Batterer: Learning from Family Law to Address America's Family-like Racial Dysfunction |
10 University of Maryland Law Journal of Race, Religion, Gender and Class 289 (Fall 2010) |
Without a doubt, the terrorist attacks on September 11, 2001 (9/11) left the United States reeling from the incredible destruction and loss of life caused by what was thought to be a generally safe and commonplace mode of transportation: the airplane. Certainly, the planes themselves did not cause the attacks; however, they became the perfect... |
2010 |
| Kitty Calavita |
The Struggle Within the Struggle: White Supremacy in the Movement for Racial Justice |
44 Law and Society Review 495 (September/December, 2010) |
As I sit down to write this, The Blind Side, Avatar, and Precious are all being talked about as candidates for best-picture Oscars. They are of course cinemagraphically impressive. But beyond their gloss and technical achievements, these films share some distressing themes. All three set up a racial hierarchy in which whites are the heroes and; Search Snippet: ...and Society Review September/December, 2010 Commentator THE STRUGGLE FOR RACIAL JUSTICE: THE PERSONAL, THE POLITICAL, AND THE ECONOMIC Kitty Calavita... |
2010 |
| Helen Norton |
The Supreme Court's Racial Double Standard in Redistricting: Unequal Protection in Politics and the Scholarship That Defends it |
52 William and Mary Law Review 197 (October, 2010) |
The Supreme Court-along with the rest of the country-has long divided over the question whether the United States has yet achieved a post-racial society in which race no longer matters in significant ways. How, if at all, this debate is resolved carries enormous implications for constitutional and statutory antidiscrimination law. Indeed, a post-... |
2010 |
| Walter T. Champion, Jr. |
The U.n. Convention on the Elimination of All Forms of Racial Discrimination (2d Ed.). by Natan Lerner. (Alphen Aan Den Rijn: Sijthoff & Noordhoff, 1980. Pp. Xvii, 259. Index. Dfl.75; $37.50.) |
37 Southern University Law Review 231 (Spring, 2010) |
I. Introduction. 231 II. Clinton's Apology. 234 III. Implications for Biomedical Research and Human Experimentation. 235 IV. Dr. Josef Mengele, Bogus Research, and Ethnic Cleansing. 239 V. Implications of Illegality and Unethical Behavior. 242 VI. International Covenants and Laws Against Human Experimentation. 246 VII. Apology Notwithstanding, the; Search Snippet: ...Article THE TUSKEGEE SYPHILIS STUDY AS A PARADIGM FOR ILLEGAL, RACIST, AND UNETHICAL HUMAN EXPERIMENTATION Walter T. Champion, Jr. [FNa1] Copyright... |
2010 |
| N. Jeremi Duru |
Thoughts about Why the First Amendment Operates to Stifle the Freedom and Equality of a Subordinated Majority |
84 Tulane Law Review 613 (February, 2010) |
I. Introduction. 614 II. The MLS Policy and Its Origins. 617 A. The NASL's Rise and Fall. 618 B. American Soccer's International Grounding. 621 III. The European Lesson. 624 A. Presaging Bosman: A Movement Toward Inclusion. 624 B. The Bosman Case. 626 IV. Bosman's Stateside Relevance: Assessing the Merits of a Bosman-Style Challenge to the MLS; Search Snippet: ...IS OUR FIELD: FOREIGN PLAYERS, DOMESTIC LEAGUES, AND THE UNLAWFUL RACIAL MANIPULATION OF AMERICAN SPORT N. Jeremi Duru [FNa1] Copyright ©... |
2010 |
| Debora L. Threedy |
United States V. Hays: a Winnowing of Standing to Sue in Racial Gerrymandering Claims |
34 American Indian Law Review Rev. 1 (2010) |
This article is a case study of United States v. Hatahley using the methodology of legal archaeology to reconstruct the historical, social, and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over one hundred horses and burros. The first section of... |
2010 |
| Roger Clegg |
Vouchers and the Privatization of American Education: Justifying Racial Resegregation from Brown to Zelman |
11 Engage: The Journal of the Federalist Society Practice Groups 123 (September 1, 2010) |
No one has written more or better about the Voting Rights Act than Abigail Thernstrom. Her latest book, Voting Rights--and Wrongs: The Elusive Quest for Racially Fair Elections, would, in a just world, be the last word on the subject, but alas the problems raised by the Act will continue, and so, Sisyphean, must Dr. Thernstrom's efforts. The book; Search Snippet: ...Book Review VOTING RIGHTS--AND WRONGS: THE ELUSIVE QUEST FOR RACIALLY FAIR ELECTIONS BY ABIGAIL THERNSTROM Roger Clegg [FNa1] Copyright © 2010... |
2010 |
| Marcia Johnson |
Will the Jury System Survive the Peña-rodriguez Exception to Rule 606(b)?: the Court's Response to Racial Discrimination by a Juror Leaves the Future of the American Jury Trial System in Jeopardy |
6 Modern American 25 (Spring, 2010) |
Property ownership in America has traditionally been linked to power and wealth. French political historian Alexis de Tocqueville observed, [T]he love of property is keener in the United States than it is anywhere else, and Americans therefore display less inclination toward doctrines that threaten, in any way, the way property is owned; Search Snippet: ...2010 WILL THE CURRENT ECONOMIC CRISIS FUEL A RETURN TO RACIAL POLICIES THAT DENY HOMEOWNERSHIP OPPORTUNITY AND WEALTH? Marcia Johnson [FN1... |
2010 |
| Richard L. Hasen |
You Don't Have to Be Liberal to Hate the Racial Gerrymandering Cases |
64 University of Miami Law Review 465 (January, 2010) |
In his characteristically thoughtful and provocative contribution to this symposium, The Dignity of Voters--A Dissent, Professor James A. Gardner offers a sustained critique of a line of Supreme Court election-law cases recognizing dignitary rights of voters. In Gardner's crosshairs are Shaw v. Reno, recognizing the unconstitutional racial; Search Snippet: ...Lowenstein, You Don't Have to Be Liberal to Hate the Racial Gerrymandering Cases, 50 Stan. L. Rev. 779 (1998) (criticizing the Supreme Court's unconstitutional racial gerrymandering cases, though from a different perspective than this article... |
2010 |
| Ralph Richard Banks , Richard Thompson Ford |
(Not) Reproducing the Cultural, Racial and Embodied Other: a Feminist Response to Canada's Partial Ban on Sex Selection |
58 Emory Law Journal 1053 (2009) |
During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people; Search Snippet: ...2009 Articles (HOW) DOES UNCONSCIOUS BIAS MATTER?: LAW, POLITICS, AND RACIAL INEQUALITY Ralph Richard Banks [FNa1] Richard Thompson Ford [FNaa1] Copyright... |
2009 |
| Lesley Greenbaum |
A Hopeless Case?: Escaping the Proof Pitfall in Power-dependent Paradigms |
3 John Marshall Law Journal L.J. 1 (2009) |
I. Introduction. 1 II. An Overview of Legal Education, the Legal Profession and the Structure of the Courts in South Africa. 2 III. Historical Background of the Legal System. 6 IV. The Development of Legal Education. 8 V. Transition to a Constitutional Democracy. 10 VI. The Effect of the LLB Degree on the Representivity of the Races within the; Search Snippet: ...Marshall Law Journal 2009 Introductory Essays A HISTORY OF THE RACIAL DISPARITIES LEGAL EDUCATION IN SOUTH AFRICA Lesley Greenbaum [FNa1] Copyright... |
2009 |
| Howard Gadlin |
Administrative Law--urban Renewal--hud Has Affirmative Duty to Consider Low Income Housing's Impact upon Racial Concentration |
15 Dispute Resolution Magazine 25 (Spring, 2009) |
For much of our history, race-based workplace discrimination was overt and legal; effective processes for redress were developed only after it was outlawed. In 1999, because of the enormous number of discrimination cases filed with the Equal Employment Opportunity Commission, all federal agencies were required to establish ADR programs as a means; Search Snippet: ...Uncovering Race in Dispute Resolution ADDRESSING THE THORNIER COMPLEXITIES OF RACIAL DISCRIMINATION COMPLAINTS IN THE WORKPLACE Howard Gadlin [FNa1] Copyright © 2009... |
2009 |
| Dekera Greene |
Airbnb in Paradise: Updating Hawai'i's Legal Approach Towards Racial Discrimination in the Sharing Economy |
5 Modern American 10 (Spring, 2009) |
In the beginning was the word And the word was Death And the word was nigger And the word was death to all niggers And the word was death to all life And the word was death to all peace be still . In the name of peace They waged the wars ain't they got no shame In the name of peace Lot's wife is now a product of the Morton company nah they ain't; Search Snippet: ...AND THE COVENANT FOR THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (CERD) Dekera Greene [FNa1] Copyright © 2006 by The Modern... |
2009 |
| H. Thomas Wells Jr. |
Allyson Hobbs, a Chosen Exile: a History of Racial Passing in American Life, Cambridge, Ma: Harvard University Press, 2014. Pp. 400. $29.95 Cloth (Isbn 978-0-674-36810-1). Doi:10.1017/s0738248015000759 |
95-JUN ABA Journal J. 9 (June, 2009) |
EVERY LAWYER, EVERY PERSON contributes to a diverse profession and society by offering unique perspectives and life experiences. That said, the bar's work on diversity focuses on people from groups with persistent, documented challenges to full participation in the legal profession and to their rights as citizens. This is why the ABA devotes; Search Snippet: ...OUR DIFFERENCES TO UNITE US ABA Helps to Break Down Racial, Sexual and Disability Barriers in the Legal Profession H. Thomas... |
2009 |
| Benjamin D. Williams |
Anti-gay Discrimination, "Conscience Exemptions," and the Racism Analogy: a Reply to Professor Koppelman |
74 Journal of Air Law and Commerce 131 (Winter 2009) |
IN CERQUEIRA V. American Airlines, Inc., the First Circuit Court of Appeals lobbed a forceful blow against longstanding, well-regarded antidiscrimination law by holding that 49 U.S.C. § 44902(b)--a statute that permits air carriers to refuse to transport a ticketed passenger that the carrier decides is, or might be, inimical to safety --eclipses; Search Snippet: ...Winter 2009 Case Notes ANTIDISCRIMINATION LAW--IN THE FACE OF RACIAL PROFILING, THE FIRST CIRCUIT HOLDS THAT LONGSTANDING ANTIDISCRIMINATION PRINCIPLES MUST... |
2009 |
| Cindy Galway Buys, Southern Illinois University School of Law |
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia V. Russian Federation). Preliminary Objections. 50 Ilm 607 (2011), Available at Http://www.icj-cij.org/. International Court of Justice, April 1, |
103 American Journal of International Law 294 (April, 2009) |
In early August 2008, armed conflict broke out between the Russian Federation and Georgia in the Georgian region of Ossetia. In response, Georgia instituted proceedings (Application) against the Russian Federation at the International Court of Justice (ICJ) on August 12, 2008, alleging that Russia violated its obligations under the International; Search Snippet: ...THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (GEORGIA v. RUSSIAN FEDERATION). ORDER (PROVISIONAL MEASURES). AT
| 2009 |
|
| Dan Subotnik |
Are Your Papers in Order?: Racial Profiling, Vigilantes, and "America's Toughest Sheriff" |
43 University of San Francisco Law Review 761 (Spring 2009) |
[I]n things racial we have always been, and we, I believe, continue to be, in too many ways, essentially a nation of cowards. . . . [W]e, average Americans, simply do not talk enough with each other enough about things racial. . . . [I]f we are to make progress in this area, we must feel comfortable enough with one another and tolerant enough of; Search Snippet: ...Deconstructing Race: When Reasonable Minds Differ Articles ARE LAW SCHOOLS RACIST?--PART II Dan Subotnik [FNa1] Copyright (c) 2009 University of... |
2009 |
| David G. Wirtes, Jr. |
Battery and Beyond: a Tort Law Response to Environmental Racism |
29 Alabama Association for Justice Journal 84 (Fall, 2009) |
Alabama has had a long and difficult and sometimes tragic and even painful history with discrimination. It is the law of this State, Alabama Constitution of 1901, Article I, Sections 1, 6, and 22 (equal protection), and Ala. Code §§ 12-16-55, 56 (1975), that discrimination in jury selection is unlawful and impermissible: Ala. Code § 12-16-55; Search Snippet: ...Journal Fall, 2009 Feature BATSON, BRANCH, AND THE ELIMINATION OF RACIAL AND GENDER DISCRIMINATION IN JURY SELECTION IN ALABAMA David G... |
2009 |
| Adjoa Artis Aiyetoro |
Capítulo 2: Donde Los Mexicanos Encajan En El Nuevo Orden Racial |
22 National Black Law Journal L.J. 1 (Fall, 2009) |
The recent arrest of Henry Louis Gates, Jr. illustrates the need to heal the racial divide in the United States. This Article expands on the scholarship of unconscious racism by exploring a trigger that up to this point scholars have only alluded to, the language of race: language that suggests that the persons about whom the speaker is speaking... |
2009 |
| Kevin Brown |
Changes in the Legal Profession Regarding Racial and Cultural Diversity |
31 Hamline Journal of Public Law and Policy 143 (Fall 2009) |
On October 19, 2007, the Department of Education (DOE) issued requirements for the collection and reporting of data on race and ethnicity that educational institutions must follow, with a final implementation date for the reporting school year of 2010-11. The DOE entitled the requirements the Final Guidance on Maintaining, Collecting, and; Search Snippet: ...Feature: Spring 2009 SMRLS Barriers to Justice Symposium CHANGE IN RACIAL AND ETHNIC CLASSIFICATIONS IS HERE: PROPOSAL TO ADDRESS RACE AND... |
2009 |
| Rhonda V. Magee |
Computer Games, Racial Pleasure, and Discursive Racial Spaces |
43 University of San Francisco Law Review 777 (Spring 2009) |
SINCE YOU ARE READING THESE words --the second in a series of essays written by me and printed by this Law Review, the sixth in a series of articles including writings from the two other law professors in this colloquy--you deserve to know that as I write this by hand, and only minutes after getting out of bed, I have not properly composed myself; Search Snippet: ...Minds Differ Articles COMPETING NARRATIVES, COMPETING JURISPRUDENCES: ARE LAW SCHOOLS RACIST? AND THE CASE FOR AN INTEGRAL CRITICAL APPROACH TO THINKING... |
2009 |
| Neil Gotanda |
Condemning the Other in Death Penalty Trials: Biographical Racism, Structural Mitigation, and the Empathic Divide |
72 Albany Law Review 929 (2009) |
For my discussion of the theme of this conference, defining race, I offer a different context for study--computer games. My approach to this non-traditional arena for defining race is not that of a gamer--my most complicated computer games are versions of solitaire. My son is a hard-core gamer, and I have often looked over his shoulder and thought,; Search Snippet: ...REVIEW Albany Law Review 2009 Symposium: Defining Race COMPUTER GAMES, RACIAL PLEASURE, AND DISCURSIVE RACIAL SPACES Neil Gotanda Copyright (c) 2009 Albany Law School; Neil... |
2009 |
| Tona M. Boyd |
Confronting Racists at the Bar: Matthew Hale, Moral Character, and Regulating the Marketplace of Ideas |
44 Harvard Civil Rights-Civil Liberties Law Review 571 (Summer 2009) |
For a few months in 2007, the nation focused its attention on the fate of six young black men in the small town of Jena, Louisiana. After a schoolyard fight left a white student unconscious, a local prosecutor charged the Jena Six with attempted murder and conspiracy. On September 20, 2007, in a protest evocative of the civil rights era, thousands; Search Snippet: ...Rights-Civil Liberties Law Review Summer 2009 Symposium Response CONFRONTING RACIAL DISPARITY: LEGISLATIVE RESPONSES TO THE SCHOOL-TO-PRISON PIPELINE Tona... |
2009 |
| Harvey Gee |
Cross-Racial Identification Errors in Criminal Cases |
11 Rutgers Race & the Law Review 70 (2009) |
The House and Senate are attempting to pass legislation to curb crime and ensure fairness to criminal offenders. Earlier this year, hearings were held to address disparities in sentencing and the feasibility of a five-year pilot program addressing racial and ethnic bias in the criminal justice system. Congress is also seeking to reauthorize the... |
2009 |
| Deborah W. Post |
Culturally Significant Speech: Law, Courts, Society, and Racial Equity |
72 Albany Law Review 909 (2009) |
The great paradox in contemporary race politics is exemplified in the narrative constructed by and about President Barack Obama. This narrative is all about race even as it makes various claims about the diminished significance of race: the prospect of racial healing, the ability of a new generation of Americans to transcend race or to choose their... |
2009 |
| Augustine F. Romero, Ph.D. , Martin Sean Arce, ABD |
Customer Racial Discrimination in Major League Baseball: Is There No Hope for Equal Pay? |
31 Hamline Journal of Public Law and Policy 179 (Fall 2009) |
Is diversity a problem or is it a resource? That is the question that we will answer in this paper. Over the last two and half years we have encountered many ultra-conservative elected officials at the state level who operate from the perspective that diversity is a problem that must eliminated through the a process of homogenizing the academic; Search Snippet: ...AS A RESOURCE: CRITICALLY COMPASSIONATE INTELLECTUALISM AND ITS STRUGGLE AGAINST RACISM, FASCISM, AND INTELLECTUAL APARTHEID IN ARIZONA Augustine F. Romero , Ph.D... |
2009 |
| Susan D. Carle |
Decision-maker's Racial Remarks May Constitute Direct Evidence of Discrimination |
77 Fordham Law Review 1479 (March, 2009) |
This essay addresses the development of American understandings of the various roles of lawyers in building democracy by focusing on legal reform efforts in the American civil rights movement. In recent years, the supposed achievements of that movement have come under attack as part of a critique of the ideology of legal liberalism. That critique... |
2009 |
| Chauncee D. Smith |
Deeper into the Political Thicket: Racial and Political Gerrymandering and the Supreme Court |
36 Fordham Urban Law Journal 1009 (November, 2009) |
A man working in a munitions factory explains that he is not killing; he's just trying to get out a product. The same goes for the man who crates bombs in that factory. He's just packaging a product. He's not trying to kill anyone. So it goes until we come to the pilot who flies the plane that drops the bomb. Killing anyone? Certainly not, he's; Search Snippet: ...SCHOOL-TO-PRISON PIPELINE EQUAL PROTECTION CASES THROUGH A STRUCTURAL RACISM FRAMEWORK Chauncee D. Smith [FNa1] Copyright (c) 2009 Fordham Urban... |
2009 |
| Colin Miller |
Disparate Impact Analysis May Be Applied to Prove Racial Discrimination in Subjective Employment Decisions: Watson V. Fort Worth Bank & Trust, _ U.s._, 108 S. Ct. 2777, 101 L. Ed. 2d 827 (1988) |
61 Baylor Law Review 872 (Fall 2009) |
I. Introduction. 874 II. The Proscription on Post-Trial Jury Impeachment of Verdicts. 880 A. The Common Law History of the Anti-Jury Impeachment Rule. 880 1. Mansfield's Rule. 880 2. The Iowa Rule. 881 3. Post-Iowa Rule Variations. 882 4. The Supreme Court's Attempts at Clarification. 883 B. The Legislative History Behind Federal Rule of Evidence; Search Snippet: ...APPLICATION OF THE ANTI-JURY IMPEACHMENT RULE TO ALLEGATIONS OF RACIAL, RELIGIOUS, OR OTHER BIAS VIOLATES THE RIGHT TO PRESENT A... |
2009 |
| Guy-Uriel E. Charles |
Do You Really Love New York?: Exposing the Troubling Relationship Between Popular Racial Imagery and Social Policy in the 21 Century |
158 University of Pennsylvania Law Review PENNumbra 119 (2009) |
In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti-Affirmative Action Laws, 157 U. Pa. L. Rev. 1075 (2009). It is remarkable that in the United States, with our legacy of legal slavery, the problem of racial discrimination that most troubles judges, policymakers, and political elites is the affirmative use of; Search Snippet: ...Law Review PENNumbra 2009 Response DO WE CARE ENOUGH ABOUT RACIAL INEQUALITY? REFLECTIONS ON THE RIVER RUNS DRY Guy-Uriel E... |
2009 |
| Lorig Charkoudian, Ph.D., Ellen Kabcenell Wayne, J.D., M.S. |
Does Racial Balance in Workforce Representation Yield Equal Justice? Race Relations of Sentencing in Federal Court Organizations |
15 Dispute Resolution Magazine 22 (Spring, 2009) |
The mediation field has long debated the effect on mediation outcomes of a racial match between mediator(s) and mediation participants. The field of community mediation has extended the conversation by looking to reasons that a diverse mediator pool is beneficial beyond those related to mediation outcomes. Many community mediation practitioners and... |
2009 |
| Geoff Ward , Amy Farrell , Danielle Rousseau |
Does Racial Diversity Promote Cultural Diversity?: the Missing Question in Fisher V. University of Texas |
43 Law and Society Review 757 (2009) |
Increasing racial and ethnic group representation in justice-related occupations is considered a potential remedy to racial inequality in justice administration, including sentencing disparity. Studies to date yield little evidence of such an effect; however, research limitations may account for the mixed and limited evidence of the significance of; Search Snippet: ...AND SOCIETY REVIEW Law and Society Review 2009 Article DOES RACIAL BALANCE IN WORKFORCE REPRESENTATION YIELD EQUAL JUSTICE? RACE RELATIONS OF... |
2009 |
| Jeffrey J. Rachlinski , Sheri Lynn Johnson , Andrew J. Wistrich , Chris Guthrie |
Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class. By Ian Haney López. New York, N.y.: Oxford University Press. 2014. Pp. Ix + 277. $24.95 (Cloth). |
84 Notre Dame Law Review 1195 (March, 2009) |
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the Implicit Association Test, have found that most white Americans harbor implicit bias toward black Americans. Do judges, who are; Search Snippet: ...REVIEW Notre Dame Law Review March, 2009 Articles DOES UNCONSCIOUS RACIAL BIAS AFFECT TRIAL JUDGES? Jeffrey J. Rachlinski [FNa1] Sheri Lynn... |
2009 |
| Angela Mae Kupenda , Evelyn Holden , Ke Yuan |
Don't Get it Twisted: Why Employer Hairstyle Prohibitions Are Racially Discriminatory |
36 Southern University Law Review 207 (Spring, 2009) |
Although judges do not shed all of their First Amendment rights even when they don their proverbial black robes, judges do necessarily forsake some speech rights. Judges don their robes to cover their ordinary clothes as they sit on the bench, as representatives of the court and justice. Likewise, to be effective administrators of justice, perhaps,; Search Snippet: ...University Law Review Spring, 2009 Article DONNING JUDICIAL ROBES, CLOAKING RACIAL VIEWS: JUDICIAL SPEECH ON MATTERS INVOLVING RACE, ESPECIALLY ON THE... |
2009 |
| Winnie F. Taylor |
Eliminating Racial Disparities in the Criminal Justice System |
18 Journal of Law & Policy 263 (2009) |
Lending discrimination has been a national problem for decades. Before Congress enacted the Equal Credit Opportunity Act (ECOA) in 1974 to combat it, lenders routinely denied credit to potential borrowers because of their race, gender, age, marital status and other personal characteristics unrelated to creditworthiness standards. For instance, some; Search Snippet: ...LAW AND POLICY Journal of Law & Policy 2009 Symposium ELIMINATING RACIAL DISCRIMINATION IN THE SUBPRIME MORTGAGE MARKET: PROPOSALS FOR FAIR LENDING... |
2009 |
| David C. Baldus , Julie Brain , Neil A. Weiner , George Woodworth |
Evidence, Race, Intent, and Evil: the Paradox of Purposelessness in the Constitutional Racial Discrimination Cases |
76 Tennessee Law Review 555 (Spring, 2009) |
This Article presents the story of the effort of the capital habeas corpus unit of a federal defender's office, with the help of social and statistical scientists, to persuade the Arkansas Parole Board and Governor to commute a death sentence imposed in 1993 on Frank Williams, Jr. In 1992, Williams, 26 years of age, and a co-perpetrator went to the... |
2009 |
| Michael A. Stoll |
Exploring Jethroe's Injustice: the Impact of an Ex-ballplayer's Legal Quest for a Pension on the Movement for Restorative Racial Justice |
1 University of Chicago Legal Forum 381 (2009) |
One of the dramatic social transformations in the United States over the past two decades has been the rapid rise in the prison population. Between 1980 and 2000, the U.S. prison population increased four-fold from 300 thousand to over 1.2 million. Including those in local jails, over 2 million individuals are currently incarcerated. At these; Search Snippet: ...Low-Wage Worker Article EX-OFFENDERS, CRIMINAL BACKGROUND CHECKS, AND RACIAL CONSEQUENCES IN THE LABOR MARKET Michael A. Stoll [FNd1] Copyright... |
2009 |
| Alycee Lane |
Hang Them If They Have to Be Hung: Mitigation Discourse, Black Families, and Racial Stereotypes |
12 New Criminal Law Review 171 (Spring, 2009) |
This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of the black family--signified most perniciously through the figure of the welfare queen--the... |
2009 |
| Bill Ong Hing |
Institutional Racism: Judicial Conduct and a New Theory of Racial Discrimination |
44 University of San Francisco Law Review 307 (Fall 2009) |
ON A COLD, RAW DECEMBER MORNING in Marshalltown, Iowa, Teresa Blanco woke up to go to work at the local Swift meat packing plant. Hundreds of others across the town were doing the same thing, in spite of the miserable mixture of sleet, mist, and slush that awaited them outside their front doors. As they made their way to the plant, the workers, who; Search Snippet: ...Intersection Between Employment, Labor, and Human Rights Law Articles INSTITUTIONAL RACISM, ICE RAIDS, AND IMMIGRATION REFORM Bill Ong Hing [FNa1] Copyright... |
2009 |
| Damien G. Scott |
Ira Katznelson. When Affirmative Action Was White: an Untold History of Racial Inequality. New York: W. W. Norton, 2005. Xv, 238 Pp. $25.95 (Cloth); $14.95 (Paper) |
53 Howard Law Journal 177 (Fall 2009) |
The Constitution is both color blind and color conscious. To avoid conflict with the equal protection clause, a classification that denies a benefit, causes harm, or imposes a burden must not be based on race. In that sense, the Constitution is color blind. But the Constitution is color conscious to prevent discrimination being perpetuated and to; Search Snippet: ...OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION Damien G. Scott [FNa1] Copyright (c) 2009 Howard University... |
2009 |
| Kimberly A. Yuracko |
Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence |
5 Stanford Journal of Civil Rights & Civil Liberties 123 (April, 2009) |
In his new book The Race Card: How Bluffing About Bias Makes Race Relations Worse, Richard Ford addresses the critical question faced by civil rights and antidiscrimination scholars today: What more can and should the law do to combat racism and racial injustice? In answering this question, Ford reveals through a series of entertaining and often; Search Snippet: ...IS IT TIME FOR A POST CIVIL RIGHTS RESPONSE TO RACIAL INJUSTICE? Kimberly A. Yuracko [FNa1] Copyright © 2009 by the Board... |
2009 |
| Leland Ware, David C. Wilson |
John Marshall's Proslavery Jurisprudence: Racism, Property, and the "Great" Chief Justice |
24 Saint John's Journal of Legal Commentary 299 (Fall 2009) |
In 1958, George Wallace campaigned to become the governor of Alabama. His rival, Alabama's Attorney General, was an outspoken segregationist who persuaded state courts to declare the NAACP an illegal organization. The Attorney General was endorsed by the Ku Klux Klan and easily defeated Wallace. After the election, Wallace said, no other; Search Snippet: ...Fall 2009 Article JIM CROW ON THE DOWN LOW: SUBTLE RACIAL APPEALS IN PRESIDENTIAL CAMPAIGNS Leland Ware David C. Wilson [FNa1... |
2009 |
| Andrew E. Taslitz |
Judging Judicial Discretion: Legal Factors and Racial Discrimination in Sentencing |
44 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer 2009) |
This Article uses the views of the Jena Six prosecutor, Reed Walters, concerning the justifications for his role in the Jena Six affair, as a foil for exploring the proper role of prosecutors more generally in our system of justice. Walters's actions indicate that he favors the traditional prosecutor-as-advocate role, which is focused on the... |
2009 |
| César Cuauhtémoc García Hernández |
La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing after Another |
23 Notre Dame Journal of Law, Ethics & Public Policy 167 (2009) |
The first step in any Latino urban agenda must be to remove La Migra from the front yard. -- Mike Davis Where would the United States be without its ilegales? -- Ilan Stavans On an ordinary Saturday night in late July 2007 the traffic on a bridge linking the Mexican state of Tamaulipas with the Texas border cities of Hidalgo and McAllen was in its... |
2009 |
| César Cuauhtémoc García Hernández |
Labor Arbitration of Grievances Involving Racial Discrimination |
72 Albany Law Review 891 (2009) |
Good morning, it is a pleasure to be here. I would like to thank Professor Anthony Farley, the editors of the Albany Law Review, and the Albany Law Journal of Science & Technology for inviting me in, and for all of you for being here this morning. I would like to spend my time this morning talking about racial profiling. Specifically, I plan to; Search Snippet: ...Symposium: Defining Race LA MIGRA IN THE MIRROR: IMMIGRATION ENFORCEMENT, RACIAL PROFILING, AND THE PSYCHOLOGY OF ONE MEXICAN CHASING AFTER ANOTHER... |
2009 |
| Amara S. Chaudhry, Esquire |
Lessons from the World Conference Against Racism: South Africa as a Case Study |
18 Temple Political & Civil Rights Law Review 505 (Spring 2009) |
As the non-LGBT Legal Director of an LGBT advocacy organization, I am constantly surprised to learn how seldom advocates for LGBT rights study and seek to learn from the American civil rights struggles of other historically marginalized groups. Recently, however, the LGBT civil rights movement has been increasingly looking to learn from other civil; Search Snippet: ...DETERMINATION FOR TRANSGENDER INDIVIDUALS CAN LEARN FROM AMERICA'S HISTORY WITH RACIAL CLASSIFICATION CATEGORIES Amara S. Chaudhry, Esquire [FNa1] Copyright (c) 2009... |
2009 |
| Mary Pattillo |
Making Inclusionary Zoning More Inclusive: How D.c. Should Reform its Inclusionary Zoning Policy to Account for Income, Racial, and Geographic Segregation |
18-WTR Journal of Affordable Housing & Community Development Law 215 (Winter, 2009) |
In 1969, the federal courts ruled in Gautreaux v. Chicago Housing Authority that public housing in Chicago was intentionally and illegally concentrated in black neighborhoods and that blacks were restricted to living in these segregated projects. In the mid-1990s, a group of North Kenwood-Oakland (NKO) residents waged their case against public; Search Snippet: ...Forty Article MAKING FAIR (PUBLIC) HOUSING CLAIMS IN A POST- RACISM LEGAL CONTEXT Mary Pattillo [FNa1] Copyright © 2009 by American Bar... |
2009 |
| Pat K. Chew, Robert E. Kelley |
N.i.g.g.a., Slumdog, Dyke, Jap, and Heeb: Reconsidering Disparaging Trademarks in a Post-Racial Era |
86 Washington University Law Review 1117 (2009) |
In this Article, we present an exploratory empirical study of federal workplace racial harassment cases that span a twenty-year period. Multiple analyses found that judges' race significantly affects outcomes in workplace racial harassment cases. African American judges rule differently than White judges, even when one takes into account their; Search Snippet: ...MYTH OF THE COLOR-BLIND JUDGE: AN EMPIRICAL ANALYSIS OF RACIAL HARASSMENT CASES Pat K. Chew Robert E. Kelley [FNa1] Copyright... |
2009 |
| Margaret Montoya , Christine Zuni Cruz , Interviewed by Gene Grant |
Narratives of Cultural Collision and Racial Oppression: How to Reconcile Theories of a Cultural Defense and Rotten Social Background Defense to Best Serve Criminal Defendants |
33 American Indian Law Review 153 (2008-2009) |
I am from Oke Owingeh and Isleta Pueblo. My mother is from Oke Owingeh. I am a member of my father's Pueblo, the Pueblo of Isleta. - Professor Christine Zuni Cruz I was born in Las Vegas, New Mexico, to Ricardo Montoya and Virginia Alarid Montoya. One of the earliest memories from my school years is of my mother braiding my hair, making my; Search Snippet: ...College of Law, Oct. 19-20, 2007 NARRATIVE BRAIDS: PERFORMING RACIAL LITERACY [FNa1] Margaret Montoya [FNa2] Christine Zuni Cruz [FNa3] Interviewed... |
2009 |