| Author | Title | Citation | Summary | Year |
| L. Song Richardson, Phillip Atiba Goff |
Implicit Racial Biases in Prosecutorial Summations: Proposing an Integrated Response |
122 Yale Law Journal 2626 (June, 2013) |
Despite the promise of Gideon, providing the guiding hand of counsel to indigent defendants remains unmanageable, largely because the nation's public defender offices are overworked and underfunded. Faced with overwhelming caseloads and inadequate resources, public defenders must engage in triage, deciding which cases deserve attention and which; Search Snippet: ...JOURNAL Yale Law Journal June, 2013 Gideon Symposium Essay IMPLICIT RACIAL BIAS IN PUBLIC DEFENDER TRIAGE L. Song Richardson Phillip Atiba... |
2013 |
| Jonathan A. Rapping |
Improving Culture to End Racism |
16 NYU Journal of Legislation and Public Policy 999 (2013) |
This article examines the power of implicit racial bias on all major players in the criminal justice system, focusing specifically on the criminal defense attorney--whose role in defending his or her client makes racial bias particularly devastating to the criminal justice system we would like to believe we have. If a criminal defense attorney is... |
2013 |
| Angela J. Davis |
In the Beltway |
16 NYU Journal of Legislation and Public Policy 821 (2013) |
This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Vera Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial... |
2013 |
| Amara S. Chaudhry-Kravitz |
Is Classism the New Racism? Avoiding Strict Scrutiny's Fatal in Fact Consequences by Diversifying Student Bodies on the Basis of Socioeconomic Status |
20 Washington and Lee Journal of Civil Rights and Social Justice Just. 3 (Fall, 2013) |
I. Introduction. 4 II. Defining Our Terms. 5 III. Where We Are: Post-9/11 Criminalization of American Muslim Identity. 8 A. In a Post-9/11 World, American Muslim Identity Has Been Criminalized. 8 B. Is This Criminalization a Result of a Racialization of American Muslim Identity?. 11 IV. Where We've Been: Legal Constructs, and Consequences, of; Search Snippet: ...FN1] AMERICAN MUSLIMS, INHERENT PROPENSITY FOR VIOLENCE, [FN2] AND AMERICA'S RACIAL HISTORY Amara S. Chaudhry-Kravitz [FN3] Copyright (c) 2013 Washington... |
2013 |
| Cynthia Lee |
Making Sense of the Census: the Decennial Census Debate and its Meaning for America's Ethnic and Racial Minorities |
91 North Carolina Law Review 1555 (June, 2013) |
This Article uses the Trayvon Martin shooting to examine the operation of implicit racial bias in cases involving self-defense claims. Judges and juries are often unaware that implicit racial bias can influence their perceptions of threat, danger, and suspicion in cases involving minority defendants and victims. Failure to recognize the effects of... |
2013 |
| Sonja B. Starr, M. Marit Rehavi |
Manipulated Doctrines, Improper Distinctions, and the Law of Racial Vote Dilution |
123 Yale Law Journal 2 (October, 2013) |
This Article presents new empirical evidence concerning the effects of United States v. Booker, which loosened the formerly mandatory U.S. Sentencing Guidelines, on racial disparities in federal criminal cases. Two serious limitations pervade existing empirical literature on sentencing disparities. First, studies focus on sentencing in isolation,... |
2013 |
| Jeffrey C. Sun , Philip T.K. Daniel |
May Examination Schools Use Racial Preferences in Their Admissions Process?: Wessmann V. Gittens |
41 Fordham Urban Law Journal 557 (December, 2013) |
L1-2Introduction . L3558 I. Legislation and Regulations Governing Students with Disabilities. 562 A. Early Education Laws Placing Attention on Students with Disabilities. 563 B. Individuals with Disabilities Education Act (IDEA) and Amendments. 567 C. Individuals with Disabilities Education Improvement Act (IDEIA) and No Child Left Behind (NCLB); Search Snippet: ...MATH AND SCIENCE ARE CORE TO THE IDEA: BREAKING THE RACIAL AND POVERTY LINES Jeffrey C. Sun [FNa1] Philip T.K. Daniel... |
2013 |
| Jonathan Feingold , Doug Souza |
Mention of Racial Issue in Campaign Not Grounds for Invalidating Union Election |
15 Berkeley Journal of African-American Law & Policy 71 (2013) |
Consider the following hypothetical. Two law students recently completed their first year at a prestigious American law school. The first student, Anne, is a single mother of two young children, Erin and Max. Anne receives several loans that cover the majority of her law school fees, but must also work part-time to cover living expenses for herself; Search Snippet: ...Journal of African-American Law & Policy 2013 Article MEASURING THE RACIAL UNEVENNESS OF LAW SCHOOL Jonathan Feingold [FNa1] Doug Souza [FNaa1... |
2013 |
| Roger Clegg |
Mississippi Goddamn: Flowers V Mississippi's Cheap Racial Justice |
14 Engage: The Journal of the Federalist Society Practice Groups 88 (February 1, 2013) |
Timing is important, and it is hard to imagine when two books have been better timed than the two that are being reviewed here. Here's why: On October 10, the Supreme Court heard oral arguments in Fisher v. University of Texas, in which that school's use of racial and ethnic preferences in undergraduate admissions has been challenged as... |
2013 |
| Robin Walker Sterling |
On Terror, Drugs and Racial Profiling |
91 Denver University Law Review 211 (2013) |
They had done it. After three long years, three of the members of the graduating class of 2035 of Denver Law sat together over burgers at Crimson & Gold, the local student hangout that had sustained them through countless hours of studying, memorizing, outlining, and learning. Geneva Johnson could not believe that she had just graduated from law... |
2013 |
| Congressman John Lewis, Bryan Stevenson |
On the Road from Environmental Racism to Environmental Justice |
40-DEC Human Rights 15 (December, 2013) |
After serving forty-two years in an Arizona prison for a crime he didn't commit, a fifty-eight-yearold man was finally released in April 2013. When Louis Taylor was just sixteen, he ventured out of his comfort zone to try a happy hour advertised by an upscale Tucson hotel, a typical foray for an adventurous teenage boy. Unfortunately, that night a; Search Snippet: ...to enlist the private bar's leadership and resources in combating racial discrimination and the resulting inequality of opportunity-- work that continues... |
2013 |
| Margo Schlanger |
Prison Time and Fines: Explaining Racial Disparities in Sentencing for White-collar Criminals |
18 Michigan Journal of Race and Law 241 (Spring 2013) |
The Michigan Journal of Race & Law's symposium, Inhumane and Ineffective: Solitary Confinement in Michigan and Beyond, was held on February 2, 2013, at the University of Michigan Law School; it brought together a dozen speakers on the topic of solitary confinement in three panels (Isolation and Mental Health; Crisis in Michigan; and Strategies... |
2013 |
| Tanya Asim Cooper |
Racial Bias in Medical Treatment |
97 Marquette Law Review 215 (Winter, 2013) |
In disproportionately high numbers, Native American and African American children find themselves in the American foster care system. Empirical data establish that these children are removed from their families at greater rates than other races and stay in foster care longer, where they are often abused, neglected, and then severed from their; Search Snippet: ...REVIEW Marquette Law Review Winter, 2013 December, 2013 Lead Article RACIAL BIAS IN AMERICAN FOSTER CARE: THE NATIONAL DEBATE Tanya Asim... |
2013 |
| Nancy Leong |
Racial Cartels |
126 Harvard Law Review 2151 (June, 2013) |
Introduction. 2153 I. Valuing Race. 2158 A. Whiteness as Property. 2158 B. Diversity as Revaluation. 2161 C. The Worth of Nonwhiteness. 2169 II. A Theory of Racial Capitalism. 2172 A. Race as Social Capital. 2175 B. Race as Marxian Capital. 2183 C. Racial Capitalism. 2190 III. Critiquing Racial Capitalism. 2198 A. Commodification. 2199 B. Harm to; Search Snippet: ...3462358 HARVARD LAW REVIEW Harvard Law Review June, 2013 Article RACIAL CAPITALISM Nancy Leong [FNa1] Copyright (c) 2013 Harvard Law Review... |
2013 |
| Swati Prakash |
Racial Discrimination Against the Majority in Hiring Practices: Courts' Misguided Attempts to Make Race-conscious Law Color Blind |
101 California Law Review 1437 (October, 2013) |
Nearly fifty years after the passage of the Fair Housing Act, race-based residential segregation remains remarkably persistent, as do significant racial disparities in economic well-being. This Comment argues that one contributing factor to the persistence of segregation is different access to legal protections for property value enjoyed by; Search Snippet: ...5322547 CALIFORNIA LAW REVIEW California Law Review October, 2013 Comment RACIAL DIMENSIONS OF PROPERTY VALUE PROTECTION UNDER THE FAIR HOUSING ACT... |
2013 |
| Roland G. Fryer, Jr. , Devah Pager , Jörg L. Spenkuch , Harvard University, Princeton University, Northwestern University |
Racial Disparities in Maternal Mortality |
56 Journal of Law & Economics 633 (August, 2013) |
The extent to which discrimination can explain racial wage gaps is one of the most divisive issues in the social sciences. Using a newly available data set, this paper develops a simple empirical test that, under plausible (but not innocuous) conditions, provides a lower bound on the extent of discrimination in the labor market. Taken at face... |
2013 |
| Tristin K. Green |
Racial Emotions and the Feeling of Equality |
86 Southern California Law Review 959 (July, 2013) |
Almost everyone in the United States is likely to experience or have experienced racial emotion in the workplace. One person feels uncomfortable making conversation with her coworkers of a different race for fear that she will use the wrong name or say something that is perceived as biased or offensive; another is anxious that his colleague will; Search Snippet: ...CALIFORNIA LAW REVIEW Southern California Law Review July, 2013 Article RACIAL EMOTION IN THE WORKPLACE Tristin K. Green [FNa1] Copyright ©... |
2013 |
| F. Michael Higginbotham |
Racial Equality in the Twenty-first Century: What's Tax Policy Got to Do with It? |
72 Maryland Law Review 1106 (2013) |
Chief Judge Robert Bell is so well known for his groundbreaking efforts in support of access to justice programs--whether through expanding lawyer assistance opportunities or creating problem-solving courts--that his other significant legal accomplishments are often overlooked. The quest for racial equality in jury selection is one aspect in which; Search Snippet: ...Law Review 2013 Tributes to Chief Judge Robert M. Bell RACIAL EQUALITY IN JURY SELECTION F. Michael Higginbotham [FNa1] Copyright ©... |
2013 |
| Deborah Zalesne |
Racial Inequities in Mortality and Access to Health Care |
3 Columbia Journal of Race and Law 23 (2013) |
Today's students live in an era that dominant social voices declare to be a post-racial society. Issues of discrimination, it follows, are simply isolated incidents easily addressed by the panoply of existing civil rights laws. This belief creates expectations on the part of first-year law students who may dismiss or ignore the existence of... |
2013 |
| Peter Arcidiacono , Esteban Aucejo, Andrew Hussey, Kenneth Spenner, Duke University, London School of Economics, University of Memphis, Duke University |
Racial Slur Incurs Suspension |
56 Journal of Law & Economics 1039 (November, 2013) |
This paper examines sorting into interracial friendships at selective universities. We show significant friendship segregation, particularly for blacks. Indeed, blacks' friendships are no more diverse in college than in high school, despite the fact that the colleges that blacks attend have substantially smaller black populations. We demonstrate... |
2013 |
| Andrew E. Taslitz |
Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954. By Julie Novkov. Ann Arbor: University of Michigan Press, 2008. Pp. 368. $75.00 Cloth; $26.95 Paper |
41 American Journal of Criminal Law L. 1 (Winter 2013) |
I. Introduction. 2 II. Empathy, Race, and the Capital Jury. 5 A. Overview. 6 1. Racial Bias in Black Offender-White Victim Dyads Undermines Empathy for the Defendant. 6 2. Lost Empathy for the Defendant Deindividuates His Character and Suffering. 7 a. Stereotypes and Racial Threat. 7 b. Retribution and Racial Insult. 8 B. Empathy-Relevant Features; Search Snippet: ...2013 Mass Incarceration and the Death Penalty Symposium Issue Article RACIAL THREAT VERSUS RACIAL EMPATHY IN SENTENCING--CAPITAL AND OTHERWISE Andrew E. Taslitz [FNa1... |
2013 |
| Neda N. Brisport |
Racism 4.0, Civity, and Re-constitution |
70 National Lawyers Guild Review 17 (Spring, 2013) |
President Obama began his letter regarding the Reauthorization of the Elementary and Secondary Education Act with this very poignant statement: Every child in America deserves a world-class education. Although the Constitution does not directly address the notion of education, the federal government and judiciary have made it clear through; Search Snippet: ...NATIONAL LAWYERS GUILD REVIEW National Lawyers Guild Review Spring, 2013 RACISM & POWER: THE INACCESSIBILITY OF OPPORTUNITY IN THE EDUCATIONAL SYSTEM IN... |
2013 |
| Xiaoxiang Deng |
Reaction To: the Fallacious Rhetorica of Racism the Challenges of Applying "Reliable Social Science" |
5 Georgetown Journal of Law & Modern Critical Race Perspectives 29 (Spring, 2013) |
In this Article, Patrick B.N. Solomon analyzes the various logical fallacies in the rhetoric of the Supreme Court's decisions concerning racial issues. To rectify these logical fallacies, Solomon proposes that the Justices should ground their logic in the more objective findings of social scientists, instead of their own socially embedded; Search Snippet: ...Fallacious Rhetorica of Racism REACTION TO: THE FALLACIOUS RHETORICA OF RACISM Xiaoxiang Deng [FNa1] Copyright © 2013 by Xiaoxiang Deng In this... |
2013 |
| Bret D. Asbury |
Reaction To: the Gray Area: Exploring the Black-white Binary's Exploitation of the Multi-Racial Identity |
5 Georgetown Journal of Law & Modern Critical Race Perspectives 27 (Spring, 2013) |
Observing that logically coherent, unanimous decisions concerning racial classifications are possible when members of the [Supreme] Court have credited the more objective findings of social scientists instead of relying on their own socially embedded views, Patrick B.N. Solomon's The Fallacious Rhetorica of Racism endeavors to demonstrate the; Search Snippet: ...Fallacious Rhetorica of Racism REACTION TO: THE FALLACIOUS RHETORICA OF RACISM THE CHALLENGES OF APPLYING RELIABLE SOCIAL SCIENCE Bret D. Asbury... |
2013 |
| David A. Strauss |
Recognizing Race and the Elusive Ideal of Racial Neutrality |
113 Columbia Law Review Sidebar 1 (January 16, 2013) |
Response to: Justin Driver, Recognizing Race, 112 Colum. L. Rev. 404 (2012). In 1960, Louisiana enacted a statute requiring that the race of any candidate for office be listed on the ballot opposite the candidate's name. In Anderson v. Martin, the Supreme Court had no difficulty declaring that statute unconstitutional. The Court said that the case; Search Snippet: ...January 16, 2013 RECOGNIZING RACE AND THE ELUSIVE IDEAL OF RACIAL NEUTRALITY David A. Strauss [FNa1] Copyright © 2013 by Columbia Law... |
2013 |
| Vanita Gupta , Kara Dansky , ACLU, 125 Broad Street, 18th Floor, New York, NY 10004, 212-549-2500, E-mail: vgupta@aclu.org, ACLU, 915 15th Street NW, Washington, DC 20005, 202-715-0824, E-mail: kdansky@aclu.org |
Reducing Racially Disparate Policing Outcomes: Is Implicit Bias Training the Answer? |
37-JUL Champion 47 (July, 2013) |
After a century of stability, the last 40 years have witnessed an American penal system dominated by unrelenting growth; mass incarceration has been aggressively implemented at almost every stage of the justice process. Under this punitive regime, penal reform faced an impenetrable wall of resistance, and the consequences are well documented: a; Search Snippet: ...WL 5402041 CHAMPION Champion July, 2013 Feature Racial Disparity REDUCING RACIAL DISPARITIES THROUGH STRUCTURAL CRIMINAL JUSTICE REFORMS Vanita Gupta [FNa1] ACLU... |
2013 |
| Nancy Leong |
Reflections on Racism and World Order |
127 Harvard Law Review Forum 32 (November, 2013) |
In my article Racial Capitalism, I expressed concern about the ongoing process of racial exploitation in which white people and predominantly white institutions derive value from the racial identity of people of color. I see this process as troubling and undesirable. Rendering racial identity a commodity harms people of color in many ways: by; Search Snippet: ...Review Forum November, 2013 Forum and Response Response REFLECTIONS ON RACIAL CAPITALISM Nancy Leong [FNa1] Copyright © 2013 Harvard Law Review Association... |
2013 |
| Stephen Ansolabehere, Nathaniel Persily, Charles Stewart III |
Regional Strategies for Racial Integration of Schools and Housing Post-parents Involved |
126 Harvard Law Review Forum 205 (April, 2013) |
Three years ago, when the Supreme Court last considered the constitutionality of the coverage formula of section 5 of the Voting Rights Act of 1965 (VRA), we submitted an amicus brief on behalf of neither party analyzing the relevance to the case of voting patterns in the 2008 election. In particular, the brief, and a subsequent Harvard Law Review... |
2013 |
| Barbara Buckinx, Alexandra Filindra |
Renee C. Romano, Racial Reckoning: Prosecuting America's Civil Rights Murders, Cambridge, Ma: Harvard University Press, 2014. Pp. 280. $35.00 Cloth (Isbn: 9780674050426). Doi:10.1017/s0738248015000589 |
22-SUM Kansas Journal of Law & Public Policy 379 (Summer, 2013) |
In recent years, Immigration and Customs Enforcement (ICE) has removed approximately 400,000 individuals per fiscal year. This is a sharp increase from 2001, when approximately half that number were removed annually. The removal of noncitizens is thus an integral and increasingly important part of the immigration policy of the United States. The; Search Snippet: ...at http:// udallcenter.arizona.edu/immigration/publications/impactofimmigrants08.pdf; Immigration Policy Center, The Racial Blame Game: Immigrants Are Not the Cause of High Unemployment... |
2013 |
| Amy A. Hackney , Jack Glaser , Georgia Southern University, University of California, Berkeley |
Reverse Racism!: Affirmative Action, the Family, and the Dream That Is America |
37 Law and Human Behavior 348 (2013) |
A controlled experiment tested the possibility that racial profiling-- disproportionate scrutiny of a minority racial group by sanctioned authorities--would have a reverse deterrent effect on the illicit behavior of members of a nonprofiled majority group. Research participants given a task involving extremely difficult anagrams were given the; Search Snippet: ...HUMAN BEHAVIOR Law and Human Behavior 2013 REVERSE DETERRENCE IN RACIAL PROFILING: INCREASED TRANSGRESSIONS BY NONPROFILED WHITES Amy A. Hackney [FNa1... |
2013 |
| Amelia Fischer |
Seeing Subtle Racism |
19 Texas Hispanic Journal of Law and Policy 63 (Spring 2013) |
I. Introduction. 64 II. Secure Communities: Overview of the Program and the Racial Profiling It Allows. 66 III. Fighting for Suppression in Removal Proceedings. 69 A. The Fourth Amendment's Exclusionary Rule in its Full Form. 70 B. An Overview of the Application of the Exclusionary Rule in Immigration Proceedings. 75 C. Barriers to Prevailing on a; Search Snippet: ...Journal of Law and Policy Spring 2013 Article SECURE COMMUNITIES, RACIAL PROFILING, & SUPPRESSION LAW IN REMOVAL PROCEEDINGS Amelia Fischer Copyright ©... |
2013 |
| Joseph B. Kenney |
Silence and the Racial Dimension of Megan's Law |
20 Jeffrey S. Moorad Sports Law Journal 247 (2013) |
There has never been a more exciting time to be a fan of soccer, better known throughout the world as the beautiful game. Professional players are faster, more talented with the ball, and score more goals than ever before. The tournaments, cups, and leagues are followed by hundreds of millions of avid fans. Games from any of the major leagues... |
2013 |
| Maurice R. Dyson |
Site of Medical Care: Do Racial and Ethnic Differences Persist? |
81 UMKC Law Review 569 (Spring, 2013) |
Consider the following scenarios. Each indicates the nature and character of suppression of racial viewpoints, racial or ethnic identity and solidarity that rarely is the subject of attention in traditional First Amendment scholarly literature: Scenario 1: An A student alleges suddenly receiving lower grades from her teachers, in-school; Search Snippet: ...FIRST AMENDMENT: THE SUPPRESSION OF STUDENT EXPRESSION & CURRICULAR COVERAGE OF RACIAL IDENTITY & ETHNIC SOLIDARITY IN K-12 EDUCATION Maurice R. Dyson... |
2013 |
| Charlotte Garden , Nancy Leong |
So Closely Intertwined: Labor and Racial Solidarity |
81 George Washington Law Review 1135 (July, 2013) |
Conventional wisdom tells us that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups' interests as fundamentally opposed and their relationship as predictably fraught with tension. For example, commentators assert that unions capture a wage; Search Snippet: ...Law Review July, 2013 Article SO CLOSELY INTERTWINED: LABOR AND RACIAL SOLIDARITY Charlotte Garden [FNa1] Nancy Leong [FNaa1] Copyright (c) 2013... |
2013 |
| John M. Powers |
State V. Rogan: Racial Discrimination and Limits of the Color-blind Approach |
29 Harvard Journal on Racial & Ethnic Justice 117 (Spring 2013) |
April 22, 2012, marked the 25th anniversary of the U.S. Supreme Court's controversial 5-4 decision in McCleskey v. Kemp, providing an occasion for reflection amongst stakeholders in the capital punishment system. In McCleskey, the Supreme Court ruled that statistical evidence of racial disparities in Georgia's application of the death penalty; Search Snippet: ...Racial & Ethnic Justice Spring 2013 STATE V. ROBINSON AND THE RACIAL JUSTICE ACT: STATISTICAL EVIDENCE OF RACIAL DISCRIMINATION IN CAPITAL PROCEEDINGS John M. Powers [FN1] Copyright ©... |
2013 |
| Ali Eacho |
Suspect Fits Description: Responses to Racial Profiling in New York City |
21 American University Journal of Gender, Social Policy and the Law 647 (2013) |
I. Introduction. 649 II. Background. 650 A. The Supreme Court's Racial Bias Jurisprudence Reflects a Focus on Addressing Explicit Bias in the Courtroom. 650 B. The Court Has Failed to Address Implicit Bias That Pervades Jury Selection in the Death Penalty Process. 651 C. The 2009 Racial Justice Act Accounts for Both Explicit and Implicit Racial; Search Snippet: ...THE APPELLATE COURT'S INTERPRETATION OF THE 2012 AMENDMENT TO THE RACIAL JUSTICE ACT WILL BE A LIFE OR DEATH DECISION FOR... |
2013 |
| Amy Senier, Georgetown University Law Center |
Teacher Racist Speech: a Canada-united States Comparison |
107 American Journal of International Law 891 (October, 2013) |
In February 2013, the Committee on the Elimination of Racial Discrimination (CERD Committee or the Committee) issued its opinion in TBB--Turkish Union in Berlin/Brandenburg v. Germany. The majority of the Committee concluded that Germany had violated its obligations to protect its Turkish and Arab populations from a former state official's; Search Snippet: ...BODIES/CERD/JURISPRUDENCE.HTM. UNITED NATIONS COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION, FEBRUARY 26, 2013 Amy Senier Georgetown University Law Center... |
2013 |
| Barry Sautman |
The Choice Between Right and Easy: Pena-rodriguez V. Colorado and the Necessity of a Racial Bias Exception to Rule 606(b) |
14 Rutgers Race & the Law Review 87 (2013) |
The unprecedented prosecution of four men in Zambia in 2011-2012 for defilement of teenage prostitutes became a cause célèbre there and abroad. That was because the four men were Chinese. After enduring months of harsh imprisonment, a trial marked by multiple perjuries, misidentifications, lack of corroborative evidence, and intervention by... |
2013 |
| Kimberlé Crenshaw |
The Cultural Malleability of Intelligence and its Impact on the Racial/ethnic Hierarchy |
40-DEC Human Rights 12 (December, 2013) |
In this year of civil rights anniversaries, the narrative of racial progress has been tempered by the Supreme Court's game-changing decisions this past summer. The notion that we've come a long way and we have much more work to do sounds ever more like wishful thinking in the face of a Supreme Court that is no longer an active contributor to the; Search Snippet: ...HUMAN RIGHTS Human Rights December, 2013 THE COURT'S DENIAL OF RACIAL SOCIETAL DEBT Kimberlé Crenshaw [FNa1] Copyright © 2013 by American Bar... |
2013 |
| Matthew R. Watson |
The Dark Side of Tort Reform: Searching for Racial Justice |
27 Emory International Law Review 1055 (2013) |
In the summer of 2012, Poland and Ukraine co-hosted the 2012 UEFA European Football Championship. A week before kickoff, BBC's investigative journalism program, Panorama, aired a documentary highlighting pervasive violence, racism and anti-Semitism in the football stadiums in both these nations. Violent and racist hooliganism is not a new; Search Snippet: ...EUROPE: APPLYING THE BRITISH MODEL TO FOOTBALL-RELATED VIOLENCE AND RACISM Matthew R. Watson [FNa1] Copyright (c) 2013 Emory University School... |
2013 |
| Christian B. Sundquist |
The Difference Between Race and Color: Implications for Changing the Racial Discourse |
76 Albany Law Review 1751 (2012-2013) |
The devices of dialectic and narrative have long been used by scholars to analyze jurisprudence and disrupt traditional legal discourse. Henry M. Hart was one of the first legal scholars to utilize the dialectical method in his classic article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic. Since Hart's; Search Snippet: ...REVIEW Albany Law Review 2012-2013 Article THE DIALECTICS OF RACIAL GENETICS Christian B. Sundquist [FNa1] Copyright (c) 2013 Albany Law... |
2013 |
| Mena Ghaly |
The Fallacious Rhetorica of Racism |
14 Rutgers Race & the Law Review 135 (2013) |
On November 4, 2008, Barack Hussein Obama was elected President of the United States in a landslide victory over his opponent, becoming the first African American President. Commentators and journalists alike heralded President Obama's victory a [t]ransformation of America and the beginning of a post-racial society. The host of a popular news; Search Snippet: ...FEDERAL COCAINE SENTENCING POLICY-- HOW CONGRESS CONTINUES TO ALLOW IMPLICIT RACIAL ANIMUS TOWARDS AFRICAN AMERICANS TO PERMEATE FEDERAL COCAINE SENTENCING Mena... |
2013 |
| Patrick B.N. Solomon |
The Fallacy of the (Racial) Solidarity Presumption |
5 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2013) |
Aristotle, perhaps the world's most influential philosopher and writer, was an unapologetic racist. To be sure, racism was not uncommon in Aristotle's Greco-Roman environment. Indeed, the racially denigrating term barbarian originated in ancient Greece and survived for thousands of years to become firmly rooted in our language and culture; Search Snippet: ...Perspectives Spring, 2013 Education Issue Article THE FALLACIOUS RHETORICA OF RACISM Patrick B.N. Solomon [FNa1] Copyright © 2013 by Patrick B.N. Solomon... |
2013 |
| Steven D. Schwinn, The John Marshall Law School, Chicago, IL |
The Role of Law in the Making of Racial Identity: the Case of Harrisburg's W. Justin Carter |
40 Preview of United States Supreme Court Cases 342 (August 10, 2013) |
Chief Justice Roberts telegraphed his Court's approach to racial equality early in his tenure, in just his second term, when he wrote in deceptively simple language that [t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race. Parents Involved in Community Schools v. Seattle School Dist. No. 1, 551; Search Snippet: ...No. 8 August 10, 2013 The Roberts Court's Rule on Racial Equality Steven D. Schwinn, The John Marshall Law School, Chicago... |
2013 |
| Jonathan Rapping , Gideon's Promise, 34 Peachtree St., Ste. 2460, Atlanta, GA 30303, 404-525-4505, Fax 404-525-0937, E-mail: jon@gideonspromise.org |
The Rosewood Massacre: Reparations for Racial Injustice |
37-JUL Champion 50 (July, 2013) |
I visited D.C. Superior Court for the first time in 1993 when, as a law student and intern investigator with the D.C. Public Defender Service, I watched first appearance hearings. I was surprised to see that every defendant charged that day was African American, despite the fact that Washington, D.C, had a significant White population. I would soon; Search Snippet: ...Feature Racial Disparity THE ROLE OF THE DEFENDER IN A RACIALLY DISPARATE SYSTEM Jonathan Rapping [FNa1] Gideon's Promise 34 Peachtree St... |
2013 |
| Davison M. Douglas |
The Survival of Racism under the Constitution |
15 University of Pennsylvania Journal of Constitutional Law 1037 (April, 2013) |
The first Justice John Marshall Harlan's status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan's civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan's strong civil rights views. Developing a... |
2013 |
| Deborah N. Archer |
They All Look Alike: the Inaccuracy of Cross-Racial Identifications |
4 Columbia Journal of Race and Law 55 (2013) |
This Essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues... |
2013 |
| John A. Powell |
Trademark Law and Racial Subordination: from Marketing of Stereotypes to Norms of Authorship |
40-DEC Human Rights 17 (December, 2013) |
The enduring hope is that race should not matter, the reality is that too often it does. --Majority opinion, Justice Kennedy, Parents Involved It has been suggested that there have been four critical times at which America could have transformed itself into a more inclusive nation. And each time it has come up more than a little short. Although... |
2013 |
| David Ray Papke |
TransRacial Adoption in the United States: the Reflection and Reinforcement of Racial Hierarchy |
15 Journal of Law and Family Studies 57 (2013) |
Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and... |
2013 |
| David Ray Papke |
Trans-Racial Adoption: the Genesis or Genocide of Minority Cultural Existence |
2013 Utah Law Review 1041 (2013) |
Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and... |
2013 |