| Author | Title | Citation | Summary | Year |
| Samuel Estreicher |
The North American Free Trade Agreement and Environmental Racism |
2007 Cato Supreme Court Review 239 (2006-2007) |
Preferment by race, when resorted to by the State, can be the most divisive of policies, containing within it the potential to destroy confidence in the Constitution and the idea of equality. --Justice Anthony Kennedy, dissenting in Grutter v. Bollinger, 539 U.S. 306, 388 (2003) In the Supreme Court's recent pass at affirmative action, the; Search Snippet: ...2007 Article Equal Protection THE NON-PREFERMENT PRINCIPLE AND THE RACIAL TIEBREAKER CASES Samuel Estreicher [FNa1] Copyright © 2007 by the Cato... |
2007 |
| E. Earl Parson, B.A., J.D., LLM , Monique McLaughlin, B.A., J.D. |
The Personal and the Professional: Assessing the Ambivalent Commitment to Racial Justice in the United States |
8 Journal of Law in Society 75 (Summer, 2007) |
The right to vote is the cornerstone of our representative form of government. It is the one right, perhaps more than any other, upon which all other constitutional rights depend for their effective protection. It must be zealously safeguarded. Universal suffrage is one of the most cherished concepts of American democracy despite a history of... |
2007 |
| Kevin Noble Maillard |
The Political Economy of Racial Discourse |
12 Michigan Journal of Race and Law 351 (Spring 2007) |
The Pocahontas Exception confronts the legal existence and cultural fascination with the eponymous Indian Grandmother. Laws existed in many states that prohibited marriage between Whites and non-Whites to prevent the quagmire of mongrelization. Yet, this racial protectionism, as ingrained in law, blatantly exempted Indian blood from the... |
2007 |
| Joanne Doroshow , Amy Widman |
The Racial Injustice of Poverty |
25 Washington University Journal of Law and Policy 161 (2007) |
Whether discussing the impact of typical tort reform proposals or the broad rhetoric used to support restrictions on legal rights, racial prejudice lurks behind the tort reform movement. Some connections to race appear to be part of a deliberate public relations effort, while others are not so apparent. However, it is clear that these pervasive... |
2007 |
| Charles Lewis Nier III |
The Significance of Race: Legislative Racial Discrimination in Louisiana, 1803-1865 |
11 University of Pennsylvania Journal of Law and Social Change 131 (2007-2008) |
Responding to a controversy regarding incendiary remarks that surfaced in the media from his former pastor, Reverend Jeremiah A. Wright Jr., United States Senator and Democratic presidential candidate Barack Obama came to the City of Philadelphia to deliver a major address on the issue of race in the United States. In a remarkable and; Search Snippet: ...2008 Article THE SHADOW OF CREDIT: THE HISTORICAL ORIGINS OF RACIAL PREDATORY LENDING AND ITS IMPACT UPON AFRICAN AMERICAN WEALTH ACCUMULATION... |
2007 |
| Walter T. Champion, Jr. |
The War on People: Reframing "The War on Drugs" by Addressing Racism Within American Drug Policy Through Restorative Justice and Community Collaboration |
33 Thurgood Marshall Law Review 157 (Fall, 2007) |
The Simpson case was like pulling back this carpet, Cochran told the Chicago Tribune, and under this carpet is all this dirt and nobody is dealing with it. O.J. Simpson was a sports hero before he took center stage in the crime of the century. The media coverage of the Simpson trial focused public attention on issues of race in an... |
2007 |
| Andrew D. Black |
Thugs, "Crooks," and "Rebellious Negroes": Racist and Racialized Media Coverage of Michael Brown and the Ferguson Demonstrations |
46 University of Louisville Law Review 177 (Fall 2007) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly. Rev. Dr. Martin Luther King, Jr. One of every three African-American men between the ages of twenty and twenty-nine are under the control of the; Search Snippet: ...WAR ON PEOPLE: REFRAMING THE WAR ON DRUGS BY ADDRESSING RACISM WITHIN AMERICAN DRUG POLICY THROUGH RESTORATIVE JUSTICE AND COMMUNITY COLLABORATION... |
2007 |
| Adèle Hutton Auxier |
Title Ix Narratives, Intersectionality, and Male-biased Conceptions of Racism |
21 Notre Dame Journal of Law, Ethics & Public Policy 215 (2007) |
Professor Rick Garnett uses the analogy of a yard to describe the Supreme Court's free speech jurisprudence. It goes like this: the more manicured the lawn, the more gently the government must tread if it wants to regulate. If we extend the analogy, we could say that racist hate speech is not a lawn, but a junkyard--full of sharp objects, health; Search Snippet: ...THROUGH THE JUNKYARD: THREE APPROACHES TO THE MORAL DILEMMA OF RACIST HATE SPEECH Adèle Hutton Auxier [FNa1] Copyright (c) 2007 University... |
2007 |
| Lolita Buckner Inniss |
Toward a Tort-based Theory of Civil Rights, Civil Liberties, and Racial Justice |
9 Berkeley Journal of African-American Law & Policy 32 (2007) |
Canada is often viewed as a bastion of racial tolerance. Its anti-racism, enshrined even at the constitutional level, is part of the ethos of the Canadian people. Long celebrated as a haven for racial minorities of all kinds, Canada is often held up as a model multicultural society. For some, Canadian multiculturalism is, in its best form, almost; Search Snippet: ...CANADA? OVERCOMING THE DIFFERENCE-DENIAL MODEL OF COUNTERING ANTI-BLACK RACISM Lolita Buckner Inniss [FNa1] Copyright (c) 2007 Regents of the... |
2007 |
| Susan L. Waysdorf |
Tying Racism in El Ejido to Spanish and European Politics |
9 University of the District of Columbia Law Review 91 (Winter 2007) |
Every legal case has a story behind it, and some, like this one, also have a legacy. This is a story about two immigrant tailors in Chicago-the white tailor's attempt to sell his tailor shop to the black tailor, and the racial discrimination they confronted together. One tailor, Ivan Thompson, was a black citizen of Great Britain living in Chicago,; Search Snippet: ...Advocacy in the 21st Century TWO TAILORS: THE PURSUIT OF RACIAL JUSTICE IN 1970S CHICAGO Susan L. Waysdorf [FNa1] Copyright ©... |
2007 |
| Andje Morovich |
Voir Dire-peremptory Challenges on the Basis of Race-equal Protection Clause-standing-the United States Supreme Court Has Held That the Equal Protection Clause Prohibits a Prosecutor from Exercising Peremptory Challenges to Remove Jurors of a Race Other t |
37 Golden Gate University Law Review 657 (Spring 2007) |
In Kesser v. Cambra, the en banc Ninth Circuit panel held that a California State Prosecutor's justifications for peremptory challenges during jury voir dire were pretexts for purposeful discrimination. The Ninth Circuit concluded that the California Court of Appeal failed to apply the proper Supreme Court test under Batson v. Kentucky to determine; Search Snippet: ...Gate University Law Review Spring 2007 Case Summary VOIR DIRE RACIAL DISCRIMINATION UNDER A COMPARATIVE JUROR ANALYSIS IN KESSER V. CAMBRA... |
2007 |
| Aaron H. Chiu |
We must Be Hunters of Meaning: Race, Metaphor, and the Models of Steven Winter |
7 University of Maryland Law Journal of Race, Religion, Gender and Class 415 (Fall 2007) |
In August 1994, McKinley Cromedy was convicted of first-degree aggravated sexual assault, second-degree robbery, second-degree burglary, and third-degree terroristic threats. He was sentenced to sixty years in prison, despite the fact that no forensic evidence presented at court linked him to the crime. Instead, Cromedy, a black man, was convicted; Search Snippet: ...COURT SHOULD EDUCATE JURORS ON THE POTENTIAL INACCURACIES OF CROSS- RACIAL IDENTIFICATIONS Aaron H. Chiu [FNa1] Copyright (c) 2007 University of... |
2007 |
| Yoonjo J. Lee |
Whites Will Be Whites: the Failure to Interrogate Racial Privilege |
28 Hamline Journal of Public Law and Policy 557 (Spring 2007) |
As elite judges summarily determine which interests are worthy of legal cognizance, they unsurprisingly embrace concerns that strike closest to home, sustaining harms that mirror the experiences and predilections of their own lives. In the early 1920's, in a forgotten portion of New York City, Paul was born to Italian immigrants. During that time; Search Snippet: ...OR BLESSING?: STANDING TO SUE AS NON-TARGETED BYSTANDERS OF RACIAL DISCRIMINATION IN HOUSING AND EMPLOYMENT Yoonjo J. Lee [FN1] Copyright... |
2007 |
| Steven R. Morrison |
Willful Colorblindness: the New Racial Piety and the Resegregation of Public Schools |
2 Northwestern Journal of Law & Social Policy 63 (Summer, 2007) |
Postmodern investigations of racism in American law follow in the tradition of tragic detective films noir: pursuing the culprit through a maze of smoke and mirrors in which the detective is never sure of his precise location, his destination, his suspect, or his suspect's culpability, he finally resolves the case and catches his man. His doubts; Search Snippet: ...Summer, 2007 Article WILL TO POWER, WILL TO REALITY, AND RACIAL PROFILING: HOW THE WHITE MALE DOMINANT POWER STRUCTURE CREATES ITSELF... |
2007 |
| Christine Stiglbauer |
A Case of Racial Justice: Quince and Ward V. State of Rhode Island |
27 Whittier Law Review 1097 (Summer 2006) |
The Equal Protection Clause of the Fourteenth Amendment is the key provision of the Constitution that has been used to protect citizens against invidious state discrimination. When a state draws distinctions among its people through the laws and the law is then challenged under equal protection, a sufficiently important objective for [the]... |
2006 |
| Milton Stanzler, Esq. |
A Case Study of Color-blindness: the Racially Disparate Impacts of Arizona's S.b. 1070 and the Failure of Comprehensive Immigration Reform |
54-APR Rhode Island Bar Journal 11 (March/April, 2006) |
On June 9th, 2005, I was honored to receive the Rhode Island Bar Association's 2005 Ralph P. Semonoff Award. In my acceptance remarks, I referenced a case I was privileged to participate in with Ralph P. Semonoff. The case involved two young migrant workers who were arrested and unlawfully detained for six months as material witnesses to an alleged; Search Snippet: ...Island Bar Journal March/April, 2006 Article A CASE OF RACIAL JUSTICE: QUINCE AND WARD v. STATE OF RHODE ISLAND Milton... |
2006 |
| Russell L. Jones |
A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens |
41 Valparaiso University Law Review 621 (Winter 2006) |
[O]ur country must abandon all the habits of racism, because we cannot carry the message of freedom and the baggage of bigotry at the same time. The above quote from the second inaugural address of President George W. Bush is a reminder to Americans that all is not well on the home front. Semblances of the denial of liberty and freedom that; Search Snippet: ...Winter 2006 December 2006 Article A MORE PERFECT NATION: ENDING RACIAL PROFILING Russell L. Jones [FNa1] Copyright © 2006 by Valparaiso University... |
2006 |
| Bailey Figler |
A Way Out: America's Ghettos and the Legacy of Racism. By Owen Fiss et Al. Edited by Joshua Cohen, Jefferson Decker, and Joel Rogers. Princeton, N.j.: Princeton University Press, 2003. Pp. 125 + Index. $19.95 (Cloth) |
61 New York University Annual Survey of American Law 723 (2006) |
Introduction. 724 I. A Brief History of Felon Disenfranchisement. 728 II. The Racial Dimensions of Felon Disenfranchisement. 732 A. Race neutral justifications do not fully explain felon disenfranchisement. 732 B. Historical invidious racism. 738 C. A modern, unconscious racism. 739 D. Racial impact of felon disenfranchisement today. 742 III. The; Search Snippet: ...The Survey Issue Note A VOTE FOR DEMOCRACY: CONFRONTING THE RACIAL ASPECTS OF FELON DISENFRANCHISEMENT Bailey Figler [FNa1] Copyright (c) 2006... |
2006 |
| Melanie Gart |
A. Racial Classifications in Consent Decree Permissible to Ameliorate past Effects of Racial Discrimination-stuart V. Roache, 951 F.2d 446 (1st Cir.1991), Cert. Denied, 112 S.ct. 1948 (1992) |
65 Maryland Law Review 1018 (2006) |
In Smith v. State, the Court of Appeals considered for the first time whether a defense counsel may attack a white victim's identification of two black defendants with unsupported own-race bias (ORB) arguments during summation. The court held that the criminal defendant's right to effective advocacy entitled him to attack the credibility of the; Search Snippet: ...RACE BIAS ARGUMENTS IN SUMMATION INVITES JUROR CONFUSION AND IRRELEVANT RACIAL CONSIDERATIONS INTO CRIMINAL TRIALS Melanie Gart Copyright (c) 2006 Maryland... |
2006 |
| Stephen J. Wermiel |
Ain't No Peace until We Get a Piece: Exploring the Justiciability and Potential Mechanisms of Reparations for American Blacks Through United States Law, Specific Modes of International Law, and the Covenant for the Elimination of All Forms of Racial Discr |
33-FALL Human Rights 26 (Fall, 2006) |
When a natural disaster strikes, Americans look for heroes. The first images of Hurricane Katrina captured not only the physical destruction but also heroic boat and helicopter rescues of residents stranded on rooftops with water rising around them. The response to Katrina also brought a different kind of hero, individuals whose principal impact... |
2006 |
| Ryan Patrick Alford |
Appelt, Erna and Monika Jarosch, Eds., Combating Racial Discrimination: Affirmative Action as a Model for Europe (Berg Publishers). |
11 Michigan Journal of Race and Law 325 (Spring 2006) |
INTRODUCTION. 326 I. Understanding the Importance of Racist Rhetoric in the Summations of Criminal Trials. 329 A. The Impact of a Prosecutorial Summation Alluding to Racist Stereotypes on a Defendant of a Minority Race and the History of the Courts' Failure to Acknowledge that Harm. 329 B. The Courts' Recognition of the Harm Caused by Racist; Search Snippet: ...of Race and Law Spring 2006 Article APPELLATE REVIEW OF RACIST SUMMATIONS: REDEEMING THE PROMISE OF SEARCHING ANALYSIS Ryan Patrick Alford... |
2006 |
| Celia M. Ruiz |
Can We All Get Along?: Racial and Ethnic Minorities in American Politics (Second Edition) |
67 Ohio State Law Journal 303 (2006) |
More than fifty years after the U.S. Supreme Court's seminal decision in Brown v. Board of Education, schools and the societies they serve continue to struggle to desegregate by constitutional means. The 2003 Grutter decision affirmed that diversity itself can be a sufficiently compelling governmental interest to survive strict scrutiny, opening; Search Snippet: ...Grutter--Affirmative Action in Twenty-Five Years Article CAN VOLUNTARY RACIAL INTEGRATION PLANS AT THE K-12 EDUCATIONAL LEVEL MEET GRUTTER'S... |
2006 |
| Tseming Yang |
Choosing Diversity: School Choice and Racial Integration in the Age of Obama |
11 Michigan Journal of Race and Law 367 (Spring 2006) |
INTRODUCTION. 367 I. Crossing Lines of Color and Race. 372 A. Past Efforts to Cross Color and Race Lines. 372 1. Racial Passing. 372 2. Legal Recognition of Whitness (and other Racial Identities). 376 B. New Ways of Passing and Changing One's Racial Identity: Medical Technology and Bureaucratic Records. 377 C. The Construction of Race and Racial; Search Snippet: ...Race and Law Spring 2006 Article CHOICE AND FRAUD IN RACIAL IDENTIFICATION: THE DILEMMA OF POLICING RACE IN AFFIRMATIVE ACTION, THE... |
2006 |
| D. Christopher Robinson |
Close Encounters of the Racial Kind: Pedagogical Reflections and Seminar Conversations |
94 Kentucky Law Journal 607 (2005-2006) |
The voice sounded as if it was of a male black [sic]. The previous statement was the testimony of a Caucasian police officer in the recent Kentucky drug trafficking case, Clifford v. Commonwealth. In Clifford, the prosecution's case hinged on the quoted testimony of the police officer concerning the race of the defendant, and the officer's... |
2006 |
| M. C. Gibbons, M.D., M.P.H. |
Comparative Racial Discrimination Law: Measures to Combat Racial Discrimination in Employment in the Member States of the European Community |
9 Journal of Health Care Law and Policy 48 (2006) |
Although the existence of racial and ethnic disparities is increasingly recognized, a complete understanding of the causes and solutions to these problems remains elusive. Part One of this paper provides a historical overview of the origins of these disparities. Part Two outlines fundamental challenges to achieving a clear understanding of the; Search Snippet: ...Health Status Symposium COMMON GROUND: EXPLORING POLICY APPROACHES TO ADDRESSING RACIAL DISPARITIES FROM THE LEFT AND THE RIGHT M. C. Gibbons... |
2006 |
| Jason O. Billy |
Confronting Systemic Racism in the Criminal Justice System: We All Have a Duty to Act |
22 Harvard BlackLetter Law Journal 25 (Spring, 2006) |
In 1998, Matthew Hale graduated from Southern Illinois Law School and passed the Illinois bar examination in July of that year. Nevertheless, the Inquiry Panel for the Supreme Court of Illinois's Committee on Character and Fitness, in a 2-1 decision, denied Hale admission to the practice of law. Because of his racist beliefs, the Panel found that; Search Snippet: ...LAW JOURNAL Harvard BlackLetter Law Journal Spring, 2006 Article CONFRONTING RACISTS AT THE BAR: MATTHEW HALE, MORAL CHARACTER, AND REGULATING THE... |
2006 |
| Cheryl R. Lee |
Constitutional Law |
11 Michigan Journal of Race and Law 557 (Spring 2006) |
History teaches us that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. INTRODUCTION. 557 I. The Racial Profiling Problem. 564 II. Compromising the Reporting Devices. 569 A. Generating Cash Transaction Reports--CTRs. 569 B. Creating Suspicious Activity Reports--SARs. 571 III; Search Snippet: ...Law Spring 2006 Article CONSTITUTIONAL CASH: ARE BANKS GUILTY OF RACIAL PROFILING IN IMPLEMENTING THE UNITED STATES PATRIOT ACT? Cheryl R... |
2006 |
| |
Constitutional Law -- Equal Protection -- Ninth Circuit Holds That Racial Tiebreaker in High School Assignment Plan Violates the Equal Protection Clause. -- Parents Involved in Community Schools V. Seattle School District, No. 1. 377 F.3d 949 (9th Cir. 20 |
119 Harvard Law Review 1915 (April, 2006) |
In 2003, when the Supreme Court heard Gratz v. Bollinger and Grutter v. Bollinger, it appeared that the Court would end years of confusion and lay out a clear affirmative action doctrine. However, the decisions, in which the Court held one program constitutional and the other unconstitutional with only one Justice joining both opinions, did little; Search Snippet: ...CONSTITUTIONAL LAW -- EQUAL PROTECTION -- NINTH CIRCUIT HOLDS THAT HIGH SCHOOL RACIAL BALANCING PLAN DOES NOT VIOLATE THE EQUAL PROCTECTION CLAUSE. -- PARENTS... |
2006 |
| Michelle Feist |
Constitutional Law--equal Protection--Racial Consideration in the Context of Law School Admissions Is Constitutional When Narrowly Tailored to Meet the Compelling Interest of Student Body Diversity. |
82 North Dakota Law Review 263 (2006) |
A male inmate arriving at the California Department of Corrections (CDC), either as a transferee from another state institution or as a new inmate, was housed in a reception center. The inmate could remain in the reception center for up to sixty days depending upon how soon after his arrival he would be transferred to permanent housing. During this; Search Snippet: ...LAW--EQUAL PROTECTION OF LAW: STRICT SCRUTINY APPLIES TO ALL RACIALLY SEGREGATED CITIZENS, FREE AND CONFINED JOHNSON V. CALIFORNIA, 543 U.S... |
2006 |
| Denis Archibald Fallon |
Constitutional Law-use of Fee Simple Determinable as Means of Constitutional Racial Discrimination.-charlotte Park and Recreation Commission V. Barringer, 88 S.e.2d 114 (N.c. 1955) |
73 Tennessee Law Review 281 (Winter, 2006) |
Johnson v. California, 543 U.S. 499 (2005). On June 22, 1987, plaintiff, an African-American male, began serving a sentence of twenty-five years to life in the California Institution for Men in Chino, California, for the crimes of assault with a deadly weapon, robbery, and murder. During plaintiff's initial evaluative period, the California; Search Snippet: ...THE STANDARD OF REVIEW FOR EQUAL PROTECTION CHALLENGES TO GOVERNMENTAL RACIAL CLASSIFICATION IN PRISON Denis Archibald Fallon Copyright (c) 2006 Tennessee... |
2006 |
| Ashley Young |
Continuing the Trend Toward Equality: the Eradication of Racially and Sexually Discriminatory Provisions in Private Trusts |
17 DePaul-LCA Journal of Art and Entertainment Law L. 1 (Fall 2006) |
~ Law is embroiled in the politics of identity ~ Since the days the first European settlers landed on the eastern shores of North America and began to displace the indigenous population, Native Americans have been both culturally and physically subjugated. This can be seen most clearly in the acceptance of both the desecration and looting of Native; Search Snippet: ...Law Fall 2006 Lead Article CONTINUING AN AMERICAN LEGACY OF RACIAL AND CULTURAL INJUSTICE: A CRITICAL LOOK AT BONNICHSEN V. UNITED... |
2006 |
| Richard Salgado |
Dangerous Liaisons: Campus Racial Harassment Policies, the First Amendment, and the Efficacy of Suppression |
15 American University Journal of Gender, Social Policy and the Law 69 (2006) |
Introduction. 69 I. The Demise of Overt Racism/ Barbecue in Indian Wells. 74 II. Unconscious Racism, Denial, & Rationalization/ After a Yankee's Game, 1:30 a.m.. 84 III. Overcoming Unconscious Racism / Riding the A Train to JFK, 3:30 a.m.. 96 Conclusion. 105; Search Snippet: ...THE XENOPHOBE RIDES THE A-TRAIN, OR THE MODERN, UNCONSCIOUS RACIST IN ENLIGHTENED AMERICA Richard Salgado [FNa1] Copyright (c) 2006 American... |
2006 |
| Brian L. Withrow, Ph.D. |
Defending the Use of Quotas in Affirmative Action: Attacking Racism in the Nineties |
40-AUG Prosecutor 31 (July/August, 2006) |
In 2003 the State of Kansas released the results of a legislatively mandated statewide racial profiling study. Conducted by the Police Foundation, the study attempted to determine whether racial profiling is occurring in Kansas, and if so, which minorities are being targeted. The researchers compared stop data against a benchmark designed to; Search Snippet: ...Prosecutor July/August, 2006 Feature The Prosecutor Feature DEFENDING THE RACIAL PROFILING ACCUSATION: THE CASE FOR THE SOCIAL SCIENTIST AS AN... |
2006 |
| Solangel Maldonado |
Discrimination and Death in Dallas: a Case Study in Systematic Racial Exclusion |
39 U.C. Davis Law Review 1415 (April, 2006) |
More than 20,000 white Americans go abroad each year to adopt children from other countries, the majority of whom are not white. At the same time, there are more African American children available for adoption than there are African American families seeking to adopt them. While Americans claim there are few healthy infants available for adoption; Search Snippet: ...LAW REVIEW U.C. Davis Law Review April, 2006 Article DISCOURAGING RACIAL PREFERENCES IN ADOPTIONS Solangel Maldonado [FNa1] Copyright (c) 2006 Regents... |
2006 |
| R. Richard Banks, Jennifer L. Eberhardt, Lee Ross |
Discrimination by Any Other Name: Alternatives to Proving Deliberate Intent in Environmental Racism Cases |
94 California Law Review 1169 (July, 2006) |
For most of American history, racial discrimination was legally permissible and racial bias was openly espoused. African Americans, in particular, were regarded as inferior to Whites and subjected to the most rank forms of overt discrimination. Now, our society seems to have developed a broad consensus in opposition to racial bias and to; Search Snippet: ...Symposium on Behavioral Realism DISCRIMINATION AND IMPLICIT BIAS IN A RACIALLY UNEQUAL SOCIETY R. Richard Banks Jennifer L. Eberhardt Lee Ross... |
2006 |
| Matthew S. Owen, Danielle S. Barbour |
Dispelling the Myth of Rationality: Racial Discrimination in Taxicab Service and the Efficacy of Litigation under 42 U.s.c. S 1981 |
105 Michigan Law Review First Impressions 144 (2006) |
The Michigan Civil Rights Initiative (MCRI) amended the Michigan Constitution to provide that public universities, colleges, and school districts may not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of . public education. We... |
2006 |
| Lorin J. Lapidus |
Diversity's Strange Career: Recovering the Racial Pluralism of Lewis F. Powell, Jr. |
28 Western New England Law Review 199 (2006) |
In The Odyssey, Homer wrote, I, she said, was to listen to them, but you must tie me hard in hurtful bonds, to hold me fast in position upright against the mast, with the ropes' ends fastened around it; but if I supplicate you and implore you to set me free, then you must tie me fast with even more lashings. . . . . So they sang, in sweet; Search Snippet: ...Review 2006 Articles DIVERSITY'S DIVERGENCE: A POST-GRUTTER EXAMINATION OF RACIAL PREFERENCES IN PUBLIC EMPLOYMENT Lorin J. Lapidus [FNa1] Copyright ©... |
2006 |
| Sara Love |
Doe V. Kamehameha: Section 1981 and the Future of Racial Preferences in Private Schools |
8 Berkeley Journal of African-American Law & Policy 155 (2006) |
In 1966, Fisk University hosted the first Black Writer's Conference in Nashville, Tennessee. Among the many well-known writers in attendance--Melvin Tolson, Dudley Randall, Nikki Giovanni, and LeRoi Jones (Amiri Baraka) --was Fisk English professor and Writer-in-Residence, Robert Hayden. At the conference, Hayden was severely [verbally] attacked; Search Snippet: ...THE TRAPS OF CULTURAL AUTHENTICITY: A REVIEW OF RICHARD FORD'S RACIAL CULTURE: A CRITIQUE Sara Love [FNa1] Copyright (c) 2006 Regents... |
2006 |
| Vernellia R. Randall, JD, MSN |
Eliminating Racial Discrimination in the Subprime Mortgage Market: Proposals for Fair Lending Reform |
10 DePaul Journal of Health Care Law 1 (Fall 2006) |
It might be that civil rights laws often go unenforced; it might be that current inequities spring from past prejudice and long standing economic differences that are not entirely reachable by law; or it might be that the law sometimes fails to reflect, and consequently fails to correct, the barriers faced by people of color. --Derrick Bell Equal; Search Snippet: ...to Reducing Health Disparities among People of Color Article ELIMINATING RACIAL DISCRIMINATION IN HEALTH CARE: A CALL FOR STATE HEALTH CARE... |
2006 |
| Thomas E. Perez, J.D., M.P.P. |
Enormous Anomaly? Left-right Parallels in Recent Writing about Race and We Are Not Saved: the Elusive Quest for Racial Justice. By Derrick Bell. New York: Basic Books, 1987. Pp. Xii, 288, Reflections of an Affirmative Action Baby. By Stephen L. Carter. Ne |
9 Journal of Health Care Law and Policy 77 (2006) |
Our nation is more diverse than ever, and this diversity is one of our greatest strengths. This demographic transformation presents a host of challenges for the health care system. Although the American health care system is state-of-the art in so many vital respects, it remains separate and unequal for all too many communities of color. Study; Search Snippet: ...Health Status Symposium ENHANCING ACCESS TO HEALTH CARE AND ELIMINATING RACIAL AND ETHNIC DISPARITIES IN HEALTH STATUS: A COMPELLING CASE FOR... |
2006 |
| James E. Robertson |
Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System |
96 Journal of Criminal Law and Criminology 795 (Spring 2006) |
How could the Ninth Circuit Court of Appeals--reputed to be the nation's most liberal federal appellate court --reject a constitutional challenge to separate but equal housing of blacks and whites in prison reception centers? Common-sense, replied the circuit court in Johnson v. California. It did not matter that the ruling invited comparison; Search Snippet: ...BUT EQUAL IN PRISON: JOHNSON V. CALIFORNIA AND COMMON SENSE RACISM James E. Robertson [FNa1] Copyright (c) 2006 Northwestern University, School... |
2006 |
| Pat K. Chew |
French Criminalization of Racial Employment Discrimination Compared to the Imposition of Civil Penalties in the United States |
85 Oregon Law Review 615 (2006) |
Judges, academics, and lawyers alike base their legal analyses of workplace racial harassment on the sexual harassment model. Legal principles derived from sexual harassment jurisprudence are presumed to be equally appropriate for racial harassment cases. The implicit assumption is that the social harms and public policy goals of racial harassment; Search Snippet: ...4504013 OREGON LAW REVIEW Oregon Law Review 2006 Article FREEING RACIAL HARASSMENT FROM THE SEXUAL HARASSMENT MODEL Pat K. Chew [FNa1... |
2006 |
| Peter Zablotsky |
Fugitive Slaves, Midwestern Racial Tolerance, and the Value of "Justice Delayed" |
32 Ohio Northern University Law Review 317 (2006) |
Historically, an absolute immunity from tort liability was extended to participants in judicial and quasi-judicial proceedings for statements made relevant to those proceedings; a qualified immunity, lost if malice were present, was extended to individuals for statements made in the public interest, such as reports to the police. These immunity; Search Snippet: ...UNDERMINING CHILD PROTECTION STATUTES TO CREATING EXCEPTIONS TO PROHIBITIONS AGAINST RACIAL DISCRIMINATION IN PUBLIC ACCOMMODATIONS: THE UNSETTLING CONSEQUENCES OF MISCHARACTERIZING THE... |
2006 |
| Christopher A. Bracey |
Getting Beyond Affirmative Action: Thinking about Racial Inequality in the Twenty-first Century |
26 Chicana/o-Latina/o Law Review 15 (Spring 2006) |
For nearly three decades, critical theorists have worked to lay bare and disrupt the structure of racial oppression and its tragic manifestations in the lives of racial minorities. The first generation of critical theorists focused predominately on the symbolic and stigmatic features of racial subordination that undermine the ability of racial; Search Snippet: ...BASICS: SOME THOUGHTS ON DIGNITY, MATERIALISM, AND A CULTURE OF RACIAL EQUALITY Christopher A. Bracey [FNa1] Copyright (c) 2006 Chicana/o... |
2006 |
| Kim Taylor-Thompson |
Giving Birth to a Racially Just Society in the 21st Century |
6 Nevada Law Journal 1137 (Spring 2006) |
Much of the talk about juvenile justice in the United States centers on the plight of young men of color: for good reason. Their disproportionate presence in the system warrants, at a minimum, close examination and candid conversation. As critical as that discussion remains, it may be deflecting attention from the fastest growing segment of the; Search Snippet: ...Issue on Legal Representation of Children Article GIRL TALK--EXAMINING RACIAL AND GENDER LINES IN JUVENILE JUSTICE Kim Taylor-Thompson [FNa1... |
2006 |
| Jonathan Kahn, J.D., Ph.D |
Hate Speech and Harassment: the Constitutionality of Campus Codes That Prohibit Racial Insults |
5 Santa Clara Journal of International Law 34 (2006) |
Two powerful dynamics are at the forefront of contemporary pharmaceutical development: global outsourcing of clinical trials and pharmacogenomics. These two dynamics come together in the regulatory arena through the development of international guidelines to harmonize the production and use of clinical data involving diverse ethnic and racial... |
2006 |
| Sean Braswell |
Historical Essay: in the Name of God; an American Story of Feminism, Racism, and Religious Intolerance: the Story of Alma Bridwell White. |
41 Harvard Civil Rights-Civil Liberties Law Review 281 (Winter, 2006) |
In the years to come, 2003 will likely represent a landmark date in the history of American higher education. Not only did the Supreme Court's decisions in Grutter v. Bollinger and Gratz v. Bollinger permit the use of carefully designed race-conscious college admissions policies, but alsoas a result of dramatic budgetary shortfalls appropriations; Search Snippet: ...Book Note HIGHER EDUCATION AND THE COLOR LINE: COLLEGE ACCESS, RACIAL EQUITY, AND SOCIAL CHANGE. EDITED BY GARY ORFIELD, PATRICIA MARIN... |
2006 |
| Matthew J. Lindsay |
How Defense Attorneys Can Eliminate Racial Disparities in Criminal Justice |
75 University of Cincinnati Law Review 87 (Fall 2006) |
I: Racial Proportionality in the Civil Rights Era. 92 A. Federal Enforcement of the Antidiscrimination Mandate, 1965-1971. 93 1. Racial Underrepresentation as Sociological Radar . 95 2. Racial Proportionality as an End in Itself: The Philadelphia Plan. 98 B. Racial Proportionality in the Lower Federal Courts. 100 C. Disparate Impact and the; Search Snippet: ...Fall 2006 Article HOW ANTIDISCRIMINATION LAW LEARNED TO LIVE WITH RACIAL INEQUALITY Matthew J. Lindsay [FNa1] Copyright (c) 2006 University of... |
2006 |
| |
InterRacial Adoption: Permanent Placement and Racial Identity -- an Adoptee's Perspective |
119 Harvard Law Review 1907 (April, 2006) |
Article 14 of the European Convention on Human Rights provides that the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination. One critical Convention right that has been violated in a discriminatory manner is the right to life, protected in Article 2. Yet the high standard of proof required by; Search Snippet: ...OF HUMAN RIGHTS FINDS BULGARIA LIABLE FOR FAILURE TO INVESTIGATE RACIALLY MOTIVATED KILLINGS. -- NACHOVA V. BULGARIA, APP. NOS. 43577/98 AND... |
2006 |
| Reginald Oh |
Interrogating Racial Violence |
39 U.C. Davis Law Review 1321 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31323 I. Racial Segregation in Public Schools and the Traditional View of Brown: A Case About Equal Educational Opportunity. 1324 II. Antimiscegenation Laws and the Preservation of White Racial Purity. 1329 III. Racial segregation and Antimiscegenation: What Loving Has to Do with Brown. 1333 A. Rice v. Gong; Search Snippet: ...Race Feminism INTERRACIAL MARRIAGE IN THE SHADOWS OF JIM CROW: RACIAL SEGREGATION AS A SYSTEM OF RACIAL AND GENDER SUBORDINATION Reginald Oh [FNa1] Copyright © 2006 by the... |
2006 |