| Author | Title | Citation | Summary | Year |
| Steven Harmon Wilson, Ph.D. |
Some Potential Casualties of Moving Beyond the Black/white Paradigm to Build Racial Coalitions |
25 Chicano-Latino Law Review 201 (Spring 2005) |
This paper examines the problem of the racial and ethnic classification of Mexican Americans, and later, Hispanics, in terms of both self- and official identification, during the quarter-century after Hernandez v. Texas. The Hernandez case was the landmark 1954 decision in which the U.S. Supreme Court condemned the systematic exclusion of persons... |
2005 |
| Rogelio A. Lasso |
Something for (Almost) Everybody in Dodd-frank: Racial, Gender, and Diversity Considerations in the Dodd-frank Wall Street Reform and Consumer Protection Act |
12 Washington and Lee Journal of Civil Rights and Social Justice 81 (Fall, 2005) |
I was born and raised in Latin America. My father was white and my mother was of mixed-race heritage, Black and Native American. In 1967, when I was sixteen years old, I came to the United States as an exchange student. Soon after my arrival I began to notice the unique role race played in this country. I noticed race on the periphery of my senses; Search Snippet: ...CASUALTIES OF MOVING BEYOND THE BLACK/WHITE PARADIGM TO BUILD RACIAL COALITIONS Rogelio A. Lasso [FNa1] Copyright (c) 2005 Washington and... |
2005 |
| Alex Lesman |
State V. Knox: the Louisiana Supreme Court Expands Equal Prohibition on Racially Motivated Peremptory Challenges |
13 Journal of Law & Policy 359 (2005) |
Since April 22, 1987, when the United States Supreme Court handed down McCleskey v. Kemp, the death penalty in America has operated in a twilight of simultaneous acknowledgement and denial of racial discrimination in the ultimate punishment. In McCleskey, the Supreme Court admitted the existence of racial disparity in capital sentencing, but; Search Snippet: ...2005 Note and Comment STATE RESPONSES TO THE SPECTER OF RACIAL DISCRIMINATION IN CAPITAL PROCEEDINGS: THE KENTUCKY RACIAL JUSTICE ACT AND THE NEW JERSEY SUPREME COURT'S PROPORTIONALITY REVIEW... |
2005 |
| Teri A. McMurtry-Chubb |
The Color Fault Lines: Asian American Justice from 2000 |
31 Thurgood Marshall Law Review 139 (Fall, 2005) |
The United States is now 140 years from the legal end of African slavery and 51 years from the legal end of racial segregation in public schools. Yet, African Americans and Caucasians remain separated by a yawning chasm of inequality. This divide is no more prominent than in the racial composition of the United States' prison population. In the... |
2005 |
| Lisa Suzuki, Joshua Aronson , New York University |
The Current State of Residential Segregation and Housing Discrimination: the United States' Obligations under the International Convention on the Elimination of All Forms of Racial Discrimination |
11 Psychology, Public Policy, and Law 320 (June, 2005) |
This commentary highlights previous literature focusing on cultural and environmental explanations for the racial/ethnic group hierarchy of intelligence. Assumptions underlying definitions of intelligence, heritability/genetics, culture, and race are noted. Historical, contextual, and testing issues are clarified. Specific attention is given to... |
2005 |
| Gil Gott |
The Dialectics of Racial Genetics |
50 Villanova Law Review 1073 (2005) |
SINCE September 11, Muslims, Arabs and South Asians in the United States have had to contend with disparate and abusive treatment, both within civil society and at the hands of state actors including security, law enforcement and prison officials. It would seem a horrible exaggeration to say that post-September 11 has been a period of open season; Search Snippet: ...REVIEW Villanova Law Review 2005 Nationalism THE DEVIL WE KNOW: RACIAL SUBORDINATION AND NATIONAL SECURITY LAW Gil Gott [FNa1] Copyright ©... |
2005 |
| Thaddeus J. Hackworth |
The Gray Area: Exploring the Black-white Binary's Exploitation of the Multi-Racial Identity |
12 Georgetown Journal on Poverty Law and Policy 181 (Spring, 2005) |
This Note addresses the current state of racial and economic segregation within the United States. The prevalence of continued segregation is highlighted by a detailed analysis of the Washington, D.C., metropolitan area. The historical federal response to residential segregation is summarized, and the results of these initiatives are critiqued. The... |
2005 |
| Ken Nakasu Davison |
The Most Shocking and Inhuman Inequality: Thinking Structurally about Poverty, Racism, and Health Inequities |
12 Asian Law Journal 161 (April, 2005) |
One observer writes, Race may be America's single most confounding problem, but the confounding problem about race is that few people seem to know what race is. This remark poignantly captures the irony of race--that is, race still remains an enigma even though we live in a society in which race determines so much of our lives. Indeed, notions of; Search Snippet: ...2005 Note and Comment THE MIXED-RACE EXPERIENCE: TREATMENT OF RACIALLY MISCATEGORIZED INDIVIDUALS UNDER TITLE VII Ken Nakasu Davison [FNd1] Copyright... |
2005 |
| Robert A. Garda, Jr. |
The New Jim Crow: Male and Female, South and North, from Cradle to Grave, Perception and Reality: Racial Disparity and Bias in America's Criminal Justice System |
56 Alabama Law Review 1071 (Summer, 2005) |
L1-2Introduction . L31072 I. The Nature, Harm, and Causes of the Disproportionate Representation of African-American Students in Special Education. 1075 A. The History and Nature of Disproportionate Representation. 1075 B. The Harm of Misplacement in Special Education. 1081 C. The Causes of African-American Disproportionality. 1085 II. The IDEIA's; Search Snippet: ...2005 Article THE NEW IDEA: SHIFTING EDUCATIONAL PARADIGMS TO ACHIEVE RACIAL EQUALITY IN SPECIAL EDUCATION Robert A. Garda, Jr. [FNa1] Copyright... |
2005 |
| Matt Gonzalez |
The New Racial Justice: Moving Beyond the Equal Protection Clause to Achieve Equal Protection |
16 Berkeley La Raza Law Journal 195 (Fall 2005) |
Whenever I get invited to an institution such as this, I'm reminded of something that happened to me in the year 2000. I was running for a post on the Board of Supervisors in San Francisco, and once I made it into the runoff, well, I decided to join the Green Party. It was a decision that was met with disapproval by my allies, to say the least. A... |
2005 |
| Nick Lewin |
The Non-preferment Principle and the "Racial Tiebreaker" Cases |
12 Georgetown Journal on Poverty Law and Policy 95 (Spring, 2005) |
The No Child Left Behind Act of 2001 (NCLBA) is the most sweeping federal education reform initiative in decades. Under the NCLBA, local school districts are evaluated based on their aptitude for preparing their students to reach proficiency on standardized tests: a putative indicator of academic achievement. Schools that don't show sufficient... |
2005 |
| Cheryl I. Harris |
The Progressives: Racism and Public Law |
4 Seattle Journal for Social Justice 261 (Fall/Winter 2005) |
I have the honor of serving as the director of the Critical Race Studies Concentration at the University of California, Los Angeles School of Law. Over the past decade in teaching, as well as in my prior life as an attorney, I have spent a lot of time thinking, writing, and talking about race. I have spent relatively little time thinking about the; Search Snippet: ...PROGRESSIVE CRITIQUE OF THE CURRENT SOCIO-LEGAL LANDSCAPE: CORPORATIONS AND RACIAL JUSTICE [FNa1] Cheryl I. Harris [FN1] Copyright © 2005 by the... |
2005 |
| Steven Wu |
The Shadow of Credit: the Historical Origins of Racial Predatory Lending and its Impact upon African American Wealth Accumulation |
115 Yale Law Journal 491 (November, 2005) |
In 2000, a year after the shooting of Amadou Diallo, a select committee of the New York City Council held a series of meetings in the Bronx to address police-community relations. The committee intended the meetings to open a dialogue between police officers and city residents, perhaps even repair relations, but the first meeting degenerated into; Search Snippet: ...Yale Law Journal November, 2005 Comment THE SECRET AMBITION OF RACIAL PROFILING Steven Wu Copyright (c) 2005 Yale Law Journal Company... |
2005 |
| Tomiko Brown-Nagin |
The Trouble with Racial Quotas in Disparate Impact Remedial Orders |
7 University of Pennsylvania Journal of Constitutional Law 787 (February, 2005) |
Justice Clarence Thomas is a flashpoint for liberals and moderates' concern about the ascendancy of conservative thought in law and politics. Both have denounced Justice Thomas's judicial philosophy and decisions in scathing terms since his appointment to the Supreme Court in 1991. Justice Thomas has been called a stooge of the political right and; Search Snippet: ...Supreme Court: Where Do We Go From Here? THE TRANSFORMATIVE RACIAL POLITICS OF JUSTICE THOMAS?: THE GRUTTER V. BOLLINGER OPINION Tomiko... |
2005 |
| Derrick A. Bell, Jr. |
The United States Supreme Court Addresses Racial Issues |
49 New York Law School Law Review 1053 (2004-2005) |
I want to talk about learning the lessons that the decision in Brown v. Board of Education could not teach. I note that the title of the symposium, Brown Is Dead? Long Live Brown!, places a question mark after Brown Is Dead. I would like to replace the question mark with a period. The Brown decision, as far as the law is concerned, is truly; Search Snippet: ...Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). . Visiting Professor, New York University School of... |
2005 |
| Beth A. Mandel |
The White Supremacist Status Quo: How the American Legal System Perpetuates Racism as Seen Through the Lens of Property Law |
73 University of Cincinnati Law Review 1131 (Spring, 2005) |
New York City's Administration for Children Services (ACS), the nation's largest Child Protective Services (CPS) agency, is charged by legislative mandate with the duty of investigating suspected instances of abuse and neglect and to place children who are thought to be in imminent danger into foster care. In recent years, ACS has come under fire; Search Snippet: ...and Casenotes THE WHITE FIST OF THE CHILD WELFARE SYSTEM: RACISM, PATRIARCHY, AND THE PRESUMPTIVE REMOVAL OF CHILDREN FROM VICTIMS OF... |
2005 |
| Ian Ayres , Fredrick E. Vars , Nasser Zakariya |
To Serve and Collect: the Fiscal and Racial Determinants of Law Enforcement |
114 Yale Law Journal 1613 (May, 2005) |
INTRODUCTION. 1615 I. RACE AND THE HISTORY OF TIPPING. 1619 II. DESCRIPTION OF DATA. 1626 III. RESULTS. 1626 A. Lower Tips for Minority Drivers. 1627 B. Lower Tips by Minority Passengers. 1628 C. Driver and Passenger Racial Intersections. 1629 D. Regression Analysis. 1631 IV. TESTS OF DRIVER STATISTICAL DISCRIMINATION INFERENCES. 1632 A. Evidence; Search Snippet: ...JOURNAL Yale Law Journal May, 2005 Essay TO INSURE PREJUDICE: RACIAL DISPARITIES IN TAXICAB TIPPING Ian Ayres [FNd1] Fredrick E. Vars... |
2005 |
| Jody D. Armour |
Towards a More Perfect Union: an Approach to Rectifying White-black Racial Inequality in American Life |
38 Loyola of Los Angeles Law Review 1469 (Spring 2005) |
Civil rights and civil justice (especially that aspect of the civil justice system that centers on personal injury law) are wedded in many ways. This essay focuses on a critical conceptual connection between the two--namely, the way in which the general analytical framework of tort law debunks the mistaken assumptions underlying the practice of; Search Snippet: ...A TORT-BASED THEORY OF CIVIL RIGHTS, CIVIL LIBERTIES, AND RACIAL JUSTICE Jody D. Armour [FNa1] Copyright (c) 2005 Loyola Law... |
2005 |
| Joel A. Holt |
Trials Suspended in Tyler, Texas |
38 Akron Law Review 413 (2005) |
Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by; Search Snippet: ...Joseph was the West's most eloquent and celebrated advocates of racial equality. PBS - The West: Chief Joseph, available at http://www.pbs.org... |
2005 |
| |
Trust the Tale, Not the Author: Judicial Review of Legislative Motivation and the Problem of Proving a Racially Discriminatory Purpose under the California Constitution |
18 Georgetown Journal of Legal Ethics 1151 (Summer, 2005) |
It is close to unquestionable that an individual's race is a factor that affects the way in which he is perceived and treated by many Americans. There is ample evidence that this fact extends into the criminal justice system in the United States. It is widely believed that the race of a defendant may exert an influence on a juror's perception of; Search Snippet: ...DEFENDANTS TO REMAIN ANONYMOUS AND ABSENT FROM TRIAL TO ELIMINATE RACIAL JURY BIAS Copyright © 2005 by Georgetown Journal of Legal Ethics... |
2005 |
| Richa Amar |
Unequal Protection under the Environmental Laws: Reviewing the Evidence on Environmental Racism and the Inequities of Environmental Legislation |
52 UCLA Law Review 1279 (April, 2005) |
Advocates of colorblindness doctrine argue that the time has come to look beyond racial categories. In October 2003, Californians voted against an initiative premised on the idea that eliminating the state's power to collect racial data would further the advancement of equality. This Comment proposes that even if the initiative is recast in revised; Search Snippet: ...UCLA Law Review April, 2005 Comment UNEQUAL PROTECTION AND THE RACIAL PRIVACY INITIATIVE Richa Amar [FNa1] Copyright (c) 2005 Regents of... |
2005 |
| James F. Smith |
United States Supreme Court Justices' Voting in Systemic Racial Discrimination Cases in Education |
38 U.C. Davis Law Review 747 (March, 2005) |
Introduction. 748 I. Who Are Los Clandestinos? . 749 A. Pablo, Jose, and Maria. 752 1. Pablo. 752 2. Jose. 755 3. Maria. 756 B. Making Workers Fugitives. 757 II. Legislating the Fugitive Class. 764 A. Expanding the Grounds for Removal. 765 B. Restricting Relief from Removal. 770 C. Using Lengthy Detention to Coerce Waiver of the Right to a; Search Snippet: ...2004). Finally, rounding up the usual suspects refers to the racial profiling and counterproductive policies of former Attorney General John Ashcroft's... |
2005 |
| Angela P. Harris |
Wading into the "Serbonian Bog" of Vote Dilution Claims under Amended Section 2 of the Voting Rights Act: Making the Way Towards a Principled Approach to "Racially Polarized Voting" |
10 Michigan Journal of Race and Law 269 (Spring 2005) |
INTRODUCTION. 270 I. Legal Populism Described. 273 A. Taxes and Money. 277 1. Federal Reserve Notes Are Not Legal Tender. 279 2. Wages Are Not Income. 279 3. The Sixteenth Amendment Was Never Properly Ratified. 280 4. The Tax System Is Unlawful Because It Violates Individual Constitutional Rights. 281 5. Paying Income Taxes is Voluntary. 281 B. Of; Search Snippet: ...Law Spring 2005 Article VULTURES IN EAGLES' CLOTHING: CONSPIRACY AND RACIAL FANTASY IN POPULIST LEGAL THOUGHT Angela P. Harris [FNa1] Copyright... |
2005 |
| Larry L. Rowe |
What a Load of Hope: the Post-Racial Mixtape |
107 West Virginia Law Review 637 (Spring 2005) |
I. Introduction: Self Evaluation with a Historical Perspective. 638 II. After the Horror of Slavery: Segregation Days in Old Malden. 639 III. A Romantic Life in Segregation Days with No Bitterness Over Race Discrimination. 643 IV. A White Kid Growing Up In Rural Southern West Virginia. 644 V. Celebrating Brown v. Board of Education: Reflection and; Search Snippet: ...21ST CENTURY: A NEW HISTORICAL PERSPECTIVE AND LEGISLATIVE STUDY OF RACIAL DISPARITIES IN EDUCATION, HEALTH, CIVIL RIGHTS, CRIMINAL JUSTICE, ECONOMIC DEVELOPMENT... |
2005 |
| Katie York |
What Doesn't Kill You: Existential Luck, PostRacial Racism, and the Subtle and Not So Subtle Ways the Academy Keeps Women of Color out |
35 Golden Gate University Law Review 51 (Spring, 2005) |
Prior to the 1954 Supreme Court decision in Brown v. Board of Education, public school districts were constitutionally permitted to segregate based on race. Under the separate but equal doctrine, substantially equal facilities, although separate, were considered equal treatment. In Brown, the disputed Kansas statute permitted, but did not; Search Snippet: ...SCHOOL DISTRICT NUMBER 1 STRIKES DOWN THE USE OF A RACIAL TIEBREAKER Katie York [FNa1] Copyright © 2005 by Golden Gate University... |
2005 |
| Browne C. Lewis |
Whatever Happened to Racism? |
29 William and Mary Environmental Law and Policy Review 327 (Winter, 2005) |
I personally know of the devastating impact environmental pollution can have on a community. I grew up in a small rural community. The community's population was mostly black and Native American. My house was situated in front of a bayou that ran through the center of the town. My fondest childhood memories are of swimming and fishing in the bayou; Search Snippet: ...IMPORTANCE OF INFORMATION IN THE BATTLE AGAINST ENVIRONMENTAL CLASS AND RACIAL DISCRIMINATION Browne C. Lewis [FNa1] Copyright © 2005 by William and... |
2005 |
| Rachel F. Moran |
When and Where We Enter: Rethinking Admission to the Legal Profession |
79 Saint John's Law Review 899 (Fall 2005) |
In the 1950s, 1960s, and early 1970s, most Americans thought they knew what racism meant. Racism was a belief that non-Whites were inferior and that Whites should avoid social contact with them. During the heyday of the civil rights movement, racial segregation became the target for historic judicial intervention, unprecedented congressional; Search Snippet: ...of Color, Women, and the Public Corporation WHATEVER HAPPENED TO RACISM? Rachel F. Moran [FNd1] Copyright (c) 2005 St. John's Law... |
2005 |
| David Roby |
Words That Wound: a Tort Action for Racial Insults, Epithets, and Name-calling |
8 Howard Scroll: The Social Justice Law Review 37 (Fall, 2005) |
Courts are split on how they evaluate the importance of racial epithets in hostile work environment claims. Some courts universally disregard the potential severity that the use of a racial epithet may have on a work environment. Other courts apply a different hostile work environment analysis and occasionally have found a hostile work environment; Search Snippet: ...Law Review Fall, 2005 Article WORDS THAT ARE BEYOND OPPROBRIOUS: RACIAL EPITHETS AND THE SEVERITY ELEMENT IN HOSTILE WORK ENVIRONMENT CLAIMS... |
2005 |
| Maureen T. Hallinan |
A New "Idea": Ending Racial Disparity in the Identification of Students with Emotional Disturbance |
30 Journal of College and University Law 689 (2004) |
The shocking statistic that motivated Abigail and Stephan Thernstrom's No Excuses: Closing the Racial Gap in Learning is that the average black student graduates from high school with what is equivalent to only an eighth grade education. Twelfth grade black students do less well than eighth grade white students in reading and American history,... |
2004 |
| Franklin L. Ferguson, Jr. |
A New Strategy to Combat Racial Inequality in American Health Care Delivery |
27 American Journal of Trial Advocacy 517 (Spring 2004) |
In this Article, Professor Ferguson uses three cases to examine how courts have interpreted Title II of the ADA. Beginning in 1997 and continuing to the present date, a number of civil rights advocates have employed Title II of the Americans with Disabilities Act of 1990 (ADA) within the course of lawsuits in an effort to establish a series of; Search Snippet: ...field sports metaphor to demonstrate the need for affirmative action). Racism raised high hurdles, making it impossible for otherwise equal runners... |
2004 |
| Kevin R. Johnson , Luis Fuentes-Rohwer |
A Proposal for Community-based Racial Reconciliation in the United States Through Personal Stories |
10 Michigan Journal of Race and Law 5 (Fall 2004) |
INTRODUCTION. 6 I. Voices of Color and the Judiciary. 11 A. Different Voices. 11 1. Many African American Perspectives. 12 2. Other Outsiders. 16 3. Latina/o Voices. 18 B. Does a Minority Voice Amount to Judicial Bias?. 22 II. Benefits of Racial Diversity on the Bench. 24 A. Improved Decision-Making on Multimember Courts. 24 B. Enhanced Legitimacy; Search Snippet: ...Bench Symposium Articles A PRINCIPLED APPROACH TO THE QUEST FOR RACIAL DIVERSITY ON THE JUDICIARY Kevin R. Johnson [FNa1] Luis Fuentes... |
2004 |
| Muneer I. Ahmad |
A Reply to Cummings: Are the Racial Realists Forced to Embrace the Legal Rationale of the Liberal and Integrationist Structures? |
92 California Law Review 1259 (October, 2004) |
Introduction. 1261 I. Private and Public Racial Violence in the Aftermath of September 11. 1265 A. Private Racial Violence. 1265 B. Public Racial Violence. 1267 II. The Construction of Muslim-looking People and the Logic of Fungibility. 1278 III. Understanding the Origins of Post-September 11 Hate Violence. 1282 A. The Perpetrators'; Search Snippet: ...2004 Article A RAGE SHARED BY LAW: POST-SEPTEMBER 11 RACIAL VIOLENCE AS CRIMES OF PASSION [FNa1] [FNa2] Muneer I. Ahmad... |
2004 |
| William M. Carter, Jr. |
A Values-based Pedagogy for the Legal Academy in a Post-Racial Era |
39 Harvard Civil Rights-Civil Liberties Law Review 17 (Winter, 2004) |
Law enforcement officers' use of race to single persons out for criminal suspicion (racial profiling) is the subject of much scrutiny and debate. This Article provides a new understanding of racial profiling. While scholars have correctly concluded that racial profiling should be considered a violation of the Fourth Amendment, the Fourteenth; Search Snippet: ...Review Winter, 2004 Article A THIRTEENTH AMENDMENT FRAMEWORK FOR COMBATING RACIAL PROFILING William M. Carter, Jr. [FNa1] Copyright © 2004 by the... |
2004 |
| Won Shin |
A Widening Gap: the Unequal Growth Rate in Gender and Racial Diversity |
39 Harvard Civil Rights-Civil Liberties Law Review 283 (Winter, 2004) |
School desegregation. Public housing projects. Affirmative action. Slavery reparations. School vouchers. Over the last fifty years, these and other ideas have been proposed to improve the plight of the socioe-conomically disadvantaged. Such proposals often have been fashioned with an eye toward helping the black underclass, whether by direct or; Search Snippet: ...Note A WAY OUT: AMERICA'S GHETTOS AND THE LEGACY OF RACISM. BY OWEN FISS ET AL. EDITED BY JOSHUA COHEN, JEFFERSON... |
2004 |
| John C. Brittain |
Affirmative Action, Educational Equity and Campus Racial Climate: a Case Study of the University of Michigan Law School |
41-FEB Houston Lawyer 18 (January/February, 2004) |
There is nothing duller than a classroom of people whose backgrounds are identical. Paul N. Courant, Provost, University of Michigan For the first time in 25 years, the United States Supreme Court decided a case clearly in support of affirmative action in the admission of racial and language minorities to colleges and universities. In deciding... |
2004 |
| Tanya Katerí Hernández |
After Whren V. United States: Applying the Equal Protection Clause to Racially Discriminatory Enforcement of the Law |
92 California Law Review 1537 (October, 2004) |
Professor Ian Haney López's book, Racism on Trial: The Chicano Fight for Justice, is a legal history of the 1960s Chicano movement in Los Angeles that traces, in particular, a critical moment of racial transformation in the Mexican community of East Los Angeles. The book examines the legal violence that surrounded the 1968 student demonstrations; Search Snippet: ...Review AFRO-MEXICANS AND THE CHICANO MOVEMENT: THE UNKNOWN STORY Racism on Trial: The Chicano Fight for Justice by Ian F... |
2004 |
| Jordan D. Bello |
Atwater V. City of Lago Vista: the Disappearing Fourth Amendment and its Impact on Racial Profiling |
8 Journal of Gender, Race and Justice 483 (Fall 2004) |
Imagine you are the owner of a store that sells beauty products in an extremely competitive market. To maintain a successful business, you must use any advantage available. A market research firm informs you about recent studies demonstrating that the more attractive a salesperson is, the more positively a customer will perceive a store and its; Search Snippet: ...Student Note ATTRACTIVENESS AS HIRING CRITERIA: SAVVY BUSINESS PRACTICE OR RACIAL DISCRIMINATION? Jordan D. Bello Copyright (c) 2004 Journal of Gender... |
2004 |
| Steven A. Ramirez |
Beaufort County Board of Education V. Lighthouse Charter School Committee: Racial Balancing Provision in South Carolina Charter Schools Act Flunks the Strict Scrutiny Test |
44 Washburn Law Journal 87 (Fall 2004) |
Economists have long recognized that some, even many, policy issues involve a trade-off between two fundamental values: economic efficiency and equality. Some commentators are so taken with this so-called trade-off that they have difficulty even imagining policy initiatives that further both values. Nevertheless, there are many laws and policies; Search Snippet: ...Washburn Law Journal Fall 2004 Article BEARING THE COSTS OF RACIAL INEQUALITY: BROWN AND THE MYTH OF THE EQUALITY/EFFICIENCY TRADE... |
2004 |
| Chipman L. Flowers, Jr. |
Bridging the Title Vi Gap: How Can the Affordable Care Act Address Racial Inequity in Nursing Homes? |
22-SPG Delaware Lawyer 32 (Spring, 2004) |
On May 17, 2004, we will celebrate the 50th anniversary of one of the most important judicial decisions in our nation's history, Brown v. Board of Education. The U.S. Supreme Court, under the direction of Chief Justice Earl Warren, ushered in a new era of racial equality during a pivotal moment of history when our national character was not being; Search Snippet: ...5234571 DELAWARE LAWYER Delaware Lawyer Spring, 2004 Opinion BRIDGING THE RACIAL DIVIDE THROUGH OUR CHILDREN Chipman L. Flowers, Jr. Copyright © 2004... |
2004 |
| Norman I. Silber |
Brown and the Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts |
31 Litigation Litigation 6 (Fall, 2004) |
As the justices contemplated their case, a complicated picture emerged. Their opinion would dramatically affect the rights of African Americans in predominantly white America. Massive resistance and violence would be the likely result of any holding that upset the status quo. And yet, by acting courageously, the Supreme Court could align the; Search Snippet: ...SHADES OF GRAY: EX PARTE COMMUNICATION IN THE LITIGATION OVER RACIAL JUSTICE Norman I. Silber [FNa1] Copyright © 2004 by American Bar... |
2004 |
| Robert J. Cottrol |
Brown at 65: How Does the Changing Racial and Ethnic Ancestry of Blacks Impact the Interpretation of School Desegregation |
66 University of Pittsburgh Law Review 113 (Fall, 2004) |
We are told by both ancient scripture and popular song that there is a time for every purpose under Heaven. Last year, 2004, was the occasion to reflect on the fiftieth anniversary of what I would submit was the most important thing the United States Supreme Court has ever done-render its decision in Brown v. Board of Education. As a nation we have... |
2004 |
| Jack Greenberg |
Brown V. Board of Education: Reliving and Learning from Our Racial History |
48 Saint Louis University Law Journal 869 (Spring 2004) |
Earlier this year, I visited Budapest, Sofia, and small towns in Bulgaria to work with Columbia Law School's Public Interest Law Initiative (PILI), lawyers, and non-governmental organizations on integrating Roma (gypsy) children into the public schools. While it had not been the purpose, the experience turned out to be much like learning a foreign; Search Snippet: ...BOARD OF EDUCATION: AN AXE IN THE FROZEN SEA OF RACISM Jack Greenberg [FNa1] Copyright (c) 2004 Saint Louis University School... |
2004 |
| Derrick Bell |
Brown, Fisher, and the Necessity of Context to Achieve Racial Equity in Public Institutions |
66 University of Pittsburgh Law Review 21 (Fall, 2004) |
In the midst of a fierce battle, soldiers, fighting in what they consider a great cause, seek encouragement in their struggles. They do not welcome criticism and reject out-of-hand even well-intended warnings that theircause is doomed to failure. By 1970, there had been many court battles, but finally school desegregation advocates were beginning; Search Snippet: ...BROWN V. BOARD OF EDUCATION: RELIVING AND LEARNING FROM OUR RACIAL HISTORY Derrick Bell [FNa1] Copyright (c) 2004 University of Pittsburgh... |
2004 |
| Daniel J. Losen |
Challenging Racial Profiles: Attacking Jim Crow on the Interstate |
47 Howard Law Journal 243 (Winter 2004) |
Thurgood Marshall prophetically stated on the eve of the Brown victory, I don't want any of you to fool yourselves . . . the fight has just begun. He knew that the fight to end segregation and the fight for equality of opportunity required far more than a Supreme Court ruling. Indeed, little changed at first, but because advocates pressed on with... |
2004 |
| Charles J. Ogletree, Jr. |
Chapter 7 the State of Racial Justice in Germany |
20 Harvard BlackLetter Law Journal 115 (Spring, 2004) |
There should be no mistaking the fervor of the reparations movement. The claim that America owes a debt for the enslavement and segregation of African-Americans has had historical currency for over 150 years. Occasionally, the clamor for repayment of that debt has intensified, particularly in the period following the Civil War. Although the civil... |
2004 |
| Michael deHaven Newsom |
Class Certification Through 23(b)(3) Discrimination Class Actions - the Fine Line Between Class-wide Racial Discrimination and Isolated Incidents of Racial Discrimination - Brown V. Nucor Corp., 785 F.3d 895 (4th Cir. 2015) |
48 Saint Louis University Law Journal 327 (Winter 2004) |
The nomination of Clarence Thomas as an Associate Justice of the United States Supreme Court unhinged many African-Americans, including this writer. Many simply had no idea of what to make of a situation that involved the combustible mixture of gender, race, class, political duplicity, political ideology, and alleged sexual harassment, nor of the... |
2004 |
| Keith R. Walsh |
Colorblind Redistricting: Racial Proxies as a Solution to the Court's Voting Rights Act Quandary |
24 Boston College Third World Law Journal 443 (Spring, 2004) |
RACISM WITHOUT RACISTS: COLOR-BLIND RACISM AND THE PERSISTENCE OF RACIAL INEQUALITYIN THE UNITED STATES. By Eduardo Bonilla-Silva. Lanham, Boulder, New York, and Oxford: Rowman & Littlefield 2003. Pp. 213 In Racism Without Racists: Color-Blind Racism and the Persistence of Racial Inequality in the United States, Eduardo Bonilla-Silva; Search Snippet: ...Third World Law Journal Spring, 2004 Book Review COLOR-BLIND RACISM IN GRUTTER AND GRATZ Keith R. Walsh [FNa1] Copyright © 2004... |
2004 |
| Kenneth B. Nunn |
Committee on Racial and Gender Bias Continues to Make Progress |
18-WTR Criminal Justice 61 (Winter, 2004) |
The racial disparities in our criminal justice system are obvious to anyone who has spent more than a passing moment in a courtroom, prison, or jail. Recent data from the Bureau of Justice Statistics disclose the extent of these disparities. Although African Americans account for only 12 percent of the U.S. population, they comprised 45 percent of... |
2004 |
| Craig Haney |
Condemning the Racist Personality: Why the Critics of Hate Crimes Legislation Are Wrong |
53 DePaul Law Review 1557 (Summer 2004) |
It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined. -- Justice William J. Brennan I have three modest points to; Search Snippet: ...Execution Articles CONDEMNING THE OTHER IN DEATH PENALTY TRIALS: BIOGRAPHICAL RACISM, STRUCTURAL MITIGATION, AND THE EMPATHIC DIVIDE Craig Haney [FNa1] Copyright... |
2004 |
| Robert A. Caplen |
Constitutional Law: Racial and Political Gerrymandering - Different Problems Require Different Solutions |
56 Florida Law Review 853 (September, 2004) |
Respondents implemented admissions policies designed to select an academically qualified and diverse student body with substantial promise for success within the legal profession. Petitioner sought admission to the Law School, was rejected, and filed a lawsuit alleging that Respondents' admissions policies discriminated against her on the basis of; Search Snippet: ...September, 2004 Case Comment CONSTITUTIONAL LAW: FORECASTING THE SUNSET OF RACIAL PREFERENCES IN HIGHER EDUCATION WHILE BROADENING THEIR HORIZONS Grutter v... |
2004 |