| Author | Title | Citation | Summary | Year |
| L. Darnell Weeden |
Judge Blasts 8th Circuit's 'Disrespect' |
33 Thurgood Marshall Law Review 135 (Fall, 2007) |
The topic to be addressed is racial profiling in America and Johnnie Cochran's efforts to make more Americans aware that race profiling exists and the practice is wrong. Johnnie Cochran's recent involvement with the issue of racial profiling has highlighted the fact that in America many local law enforcement officers still equate driving while... |
2007 |
| Theodore M. Shaw |
Keynote--reimagining the Movement to End Gender Violence: Anti-Racism, Prison Abolition, Women of Color Feminisms, and Other Radical Visions of Justice |
39 Columbia Human Rights Law Review 59 (Fall 2007) |
I want to focus not only on the death penalty in my remarks, but also on the broader role of race in the criminal justice system and McCleskey's role in insulating systemic racial discrimination from attack. Along the way, I want to make some observations about the gratuitously cramped constitutional jurisprudence that has come to be applied to; Search Snippet: ...MAINTAINING HOPE IN THE STRUGGLE AGAINST THE CONSTITUTIONAL TOLERANCE OF RACIAL DISCRIMINATION Theodore M. Shaw [FNa1] Copyright (c) 2007 Columbia Human... |
2007 |
| Dariely Rodriguez |
Legal and Policy Standards for Addressing Workplace Racism: Employer Liability and Shared Responsibility for Race-based Traumatic Stress |
18 Berkeley La Raza Law Journal 65 (2007) |
On April 20, 2005, President George W. Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) into law. BAPCPA is the biggest overhaul to the bankruptcy code in more than twenty-five years. The Act makes it harder for individuals to discharge all of their debt under Chapter 7 by increasing the cost of bankruptcy,; Search Snippet: ...AND CONSUMER PROTECTION ACT OF 2005 ON ECONOMIC, SOCIAL, AND RACIAL JUSTICE [FNa1] Dariely Rodriguez [FNaa1] Copyright (c) 2007 Regents of... |
2007 |
| Olatunde C.A. Johnson |
Legislating Virtue: How Segregationists Disguised Racial Discrimination as Moral Reform Following Brown V. Board of Education |
39 Columbia Human Rights Law Review 233 (Fall 2007) |
Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial... |
2007 |
| David Rudovsky |
Litigating for Racial Fairness after Mccleskey V. Kemp |
39 Columbia Human Rights Law Review 97 (Fall 2007) |
The roadblocks to reform of racially biased and other unfair and unconstitutional practices and policies in the criminal justice system that have emerged in the era following the Supreme Court's decision in McCleskey v. Kemp are daunting. The Supreme Court has placed significant obstacles to the pursuit of racial justice and equality in the... |
2007 |
| Sheri Lynn Johnson |
Litigating Racism: Exposing Injustice in Juvenile Prosecutions |
39 Columbia Human Rights Law Review 178 (Fall 2007) |
Professor Amsterdam has given us a map for the future, a map that is both ambitious and inspiring. I hope we are up to the challenge he has posed, but I take on here the much more pedestrian task of reporting on the post-McCleskey litigation for racial fairness, and the lessons the last twenty years have taught those of us who represent capital; Search Snippet: ...McCleskey v. Kemp March 2-3, 2007 Article LITIGATING FOR RACIAL FAIRNESS AFTER MCCLESKEY V. KEMP Sheri Lynn Johnson [FNa1] Copyright... |
2007 |
| Tamara A. Steckler |
Litigating Whiteness: Trials of Racial Determination in the Nineteenth-century South |
60 Rutgers Law Review 245 (Fall 2007) |
While our legal system is built on a foundation of equal justice, the juvenile justice system is anything but equal. Throughout the system, minority youth-- especially African American youth--are subjected to harsher treatment than white youth for similar behavior. Moreover, our current juvenile justice system perpetuates the myth that minority... |
2007 |
| Carla D. Pratt |
Maj. Gen. (Ret.) Kenneth D. Gray Honored with the Aba's Commission on Racial Ethnic Diversity 2018 Spirit of Excellence Award |
2007 Wisconsin Law Review 409 (2007) |
I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the; Search Snippet: ...REVIEW Wisconsin Law Review 2007 Article LOVING INDIAN STYLE: MAINTAINING RACIAL CASTE AND TRIBAL SOVEREIGNTY THROUGH SEXUAL ASSIMILATION Carla D. Pratt... |
2007 |
| David Ingram, Loyola University of Chicago |
Marketing Racism: the Imperialism of Rationality, Critical Race Theory, and Some Interdisciplinary Lessons for Neoclassical Economics and Antidiscrimination Law |
49 American Journal of Legal History 474 (October, 2007) |
Race and ethnicity have been the major categories in terms of which American society has defined citizenship throughout most of its history. Weiner's book examines one very important facet of this feature of American life: the legal ideology that underpinned four major policies of ethno-racial inclusion and exclusion during the period extending; Search Snippet: ...2007 Book Review MARK S. WEINER. AMERICANS WITHOUT LAW: THE RACIAL BOUNDARIES OF CITIZENSHIP. NEW YORK: NEW YORK UNIVERSITY PRESS, 2006... |
2007 |
| Renée M. Landers |
Math and Science Are Core to the Idea: Breaking the Racial and Poverty Lines |
29 Hamline Journal of Public Law and Policy Pol'y 1 (Fall 2007) |
Researchers sometimes do not know, forget, or are unimpressed that Dante reserved the seventh level of hell for those who recognize a problem and do not attempt to do anything to solve it. A vast and growing body of research documents the disparities in health care access, treatment, and outcomes experienced by non-white racial and ethnic groups in; Search Snippet: ...MASSACHUSETTS HEALTH INSURANCE REFORM LEGISLATION: AN EFFECTIVE TOOL FOR ADDRESSING RACIAL AND ETHNIC DISPARITIES IN HEALTH CARE? Renée M. Landers [FNa1... |
2007 |
| Jeffrey Fagan , Mukul Bakhshi |
New Jersey's Experiment with Interdistrict School Choice as a Racially Neutral Alternative: Is it Succeeding? |
39 Columbia Human Rights Law Review Rev. 1 (Fall 2007) |
This year marked the twentieth anniversary of the U.S. Supreme Court's decision in McCleskey v. Kemp, a case whose ramifications for the pursuit of racial equality within criminal justice are still felt today. McCleskey set an impossibly high bar for constitutionally-based challenges seeking fundamental racial fairness in capital punishment. The... |
2007 |
| |
Part Two: Alsen - from Rural to Ruin an Example of Environmental Racism |
121 Harvard Law Review 98 (November, 2007) |
In Brown . . ., this Court . . . recognized . . . that remedying decades of segregation in public education would not be an easy task. Subsequent events, unfortunately, have seen that prediction bear bitter fruit. -- Justice Thurgood Marshall In 1954, a unanimous Supreme Court issued Brown v. Board of Education, holding that public schools cannot; Search Snippet: ...IN COMMUNITY SCHOOLS V. SEATTLE SCHOOL DISTRICT NO. 1: VOLUNTARY RACIAL INTEGRATION IN PUBLIC SCHOOLS Copyright (c) 2007 Harvard Law Review... |
2007 |
| Imani Perry |
Post-mccleskey Racial Discrimination Claims in Capital Cases |
19 National Black Law Journal 113 (2006-2007) |
In this article, I present an analysis of how racism and the practice of racial inequality persist in a society whose citizenry has fully embraced an ethos of racial equality. I offer a theory of what I have termed post-intent racism relying on research in the fields of social cognition, sociology, narratology, and bounded rationality. I argue; Search Snippet: ...JOURNAL National Black Law Journal 2006-2007 Articles POST-INTENT RACISM: A NEW FRAMEWORK FOR AN OLD PROBLEM Imani Perry [FNa1... |
2007 |
| Lynn D. Lu, Katz Fellow &, Counsel, Brennan, Center for Justice, at NYU School of, Law |
Professor Loewy's "Diversity" Defense of Racial Preference: Defining Discrimination Away |
2007 Federal Sentencing Reporter 1296016 (February 1, 2007) |
The federal criminal sentencing system is notorious both for its overall severity and for its disproportionate impact on people of color. Whether federal sentences are appropriately or excessively severe and whether their attendant racial disparities reflect the influence of legitimate or illegitimate factors are both subjects of intense ongoing... |
2007 |
| David C. Baldus , George Woodworth , Catherine M. Grosso |
Race and Rapport: Homophily and Racial Disadvantage in Large Law Firms |
39 Columbia Human Rights Law Review 143 (Fall 2007) |
In 1987, in McCleskey v. Kemp, the U.S. Supreme Court held that statistical proof of systemic racial disparities in the administration of the death penalty implicates neither the Equal Protection Clause of the Fourteenth Amendment nor the Cruel and Unusual Punishments provision of the Eighth Amendment of the U.S. Constitution. The repercussions of; Search Snippet: ...paper was presented as part of the symposium entitled Pursuing Racial Fairness in the Administration of Justice: Twenty Years After McCleskey... |
2007 |
| George A. Martínez |
Race in Ordinary Course: Utilizing the Racial Background in Antitrust and Corporate Law Courses |
33 Journal of Legislation 181 (2007) |
In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded; Search Snippet: ...DISCRIMINATION AND HUMAN RIGHTS CLASS ACTIONS: THE VIRTUAL EXCLUSION OF RACIAL MINORITIES FROM THE CLASS ACTION DEVICE George A. Martínez [FNa1... |
2007 |
| Andrew M. Carlon |
Racial and Ethnic Disparities in Crime and Criminal Justice in the United States |
2007 Brigham Young University Law Review 1151 (2007) |
[T]he Fifth and Fourteenth Amendments to the Constitution protect persons, not groups. Elaine: Well, what do you think? Jerry: What? About you dating a black guy? What's the big dea l? Elaine: What black guy? Jerry: Darryl. He's black, isn't he? Elaine: He is? George: No, he isn't. * * * Jerry: I think he's black. George: Should we be talking about; Search Snippet: ...UNIVERSITY LAW REVIEW Brigham Young University Law Review 2007 Article RACIAL ADJUDICATION Andrew M. Carlon [FNa1] Copyright (c) 2007 Brigham Young... |
2007 |
| Andrew E. Taslitz |
Racial Capitalism |
5 Ohio State Journal of Criminal Law L. 1 (Fall, 2007) |
In this introductory essay to this symposium, Professor Taslitz argues that the modern criminal justice system is plagued by racial blindsight. Analogizing to the physical phenomenon of blindsight in which a blind person sees objects but does not know that he sees them, Taslitz maintains that criminal justice system actors often view the world; Search Snippet: ...Criminal Law Fall, 2007 Symposium Racial Blindsight and Criminal Justice RACIAL BLINDSIGHT: THE ABSURDITY OF COLOR-BLIND CRIMINAL JUSTICE Andrew E... |
2007 |
| Edward C. Thomas |
Racial Classification in Assisted Reproduction |
2007 Brigham Young University Law Review 813 (2007) |
In December, 2006, the Supreme Court heard oral argument in a pair of cases that once again thrust racial classification to the forefront of public debate. The two cases, Meredith v. Jefferson City Board of Education, and Parents Involved in Community Schools v. Seattle School District, are the Court's first review of racial classification under; Search Snippet: ...UNIVERSITY LAW REVIEW Brigham Young University Law Review 2007 Comment RACIAL CLASSIFICATION AND THE FLAWED PURSUIT OF DIVERSITY: HOW PHANTOM MINORITIES... |
2007 |
| Amelia Parker |
Racial Disparities in Wiretap Applications Before Federal Judges |
14 Human Rights Brief 27 (Spring, 2007) |
They were underprivileged anyway, commented former first lady Barbara Bush in reference to the thousands of 2005 Hurricane Katrina evacuees--the majority of whom were poor, African American, and disabled--seeking refuge in the Houston, Texas Astrodome after losing everything in the storm. This is working very well for them, she continued. Mrs.... |
2007 |
| Marcia Eason |
Racial Emotion in the Workplace |
43-JUL Tennessee Bar Journal B.J. 3 (July, 2007) |
One of the characteristics of our legal profession is the dynamic of change. To some, change is not easy nor is it welcome. To others, change presents an opportunity for improvement. Regardless of how one initially views change, whether grumbling as it attacks our comfort zone or delighting in new experience, it has an effect on what we do,; Search Snippet: ...TENNESSEE BAR JOURNAL Tennessee Bar Journal July, 2007 President's Perspective RACIAL DIVERSITY, WELL-BEING ON AGENDA FOR THIS YEAR Marcia Eason... |
2007 |
| Angela J. Davis |
Racial Formation in Quebec: a Legal Retrospective |
39 Columbia Human Rights Law Review 202 (Fall 2007) |
There are many complex reasons for the unwarranted racial disparities that plague the American criminal justice system, but one of the most significant contributing factors is the exercise of prosecutorial discretion, especially at the charging and plea bargaining stages of the process. Few prosecutors consciously favor criminal defendants or... |
2007 |
| Marc Mauer |
Racial Impact Statements: a Proactive Approach to Addressing Racial Disparities in Prison Populations |
5 Ohio State Journal of Criminal Law 19 (Fall, 2007) |
The extreme racial disparities in rates of incarceration in the United States result from a complex set of factors. Among these are sentencing and drug policies which, intended or not, produce disproportionate racial/ethnic effects. In retrospect, it is clear that many of these effects could have been predicted prior to the adoption of the... |
2007 |
| David Rudovsky , R. Richard Banks |
Racial Profiling and Whren: Searching for Objective Evidence of the Fourth Amendment on the Nation's Roads |
155 University of Pennsylvania Law Review PENNumbra 173 (2007) |
For Professor David Rudovsky, of Penn, there is just as little to recommend the racial profiling techniques employed by law enforcement in the War on Terror as there is in the War on Crime. Rudovsky argues that profiling is inaccurate--both as to whom it targets and whom it does not--susceptible to abuse, and counterproductive to; Search Snippet: ...REVIEW PENNUMBRA University of Pennsylvania Law Review PENNumbra 2007 Debate RACIAL PROFILING AND THE WAR ON TERROR David Rudovsky [FNd1] R... |
2007 |
| Carrie L. Arnold |
Racial Profiling in Jury Selection: the Third Circuit Revisits the Batson Inquiry in Riley V. Taylor |
49 Arizona Law Review 113 (Spring 2007) |
After the tragic attacks of September 11, 2001, the lack of communication and cooperation among local, state, and federal law enforcement became the subject of intense criticism. Under pressure to deal with illegal immigration, the Department of Justice (DOJ) began to consider extending immigration enforcement responsibilities to state and local; Search Snippet: ...1180979 ARIZONA LAW REVIEW Arizona Law Review Spring 2007 Note RACIAL PROFILING IN IMMIGRATION ENFORCEMENT: STATE AND LOCAL AGREEMENTS TO ENFORCE... |
2007 |
| Rajeev D. Majumdar |
Racially Restrictive Covenants--were They Dignity Takings? |
30 Seattle University Law Review 1095 (Summer, 2007) |
Prior to the civil rights movement, the placement of covenants, conditions, and restrictions within titles that prohibited the habitation, use, or ownership of real property by specific religious or racial groups was an accepted practice. The Fair Housing Act of 1968 rendered these restrictions unenforceable with regard to the housing market. The; Search Snippet: ...UNIVERSITY LAW REVIEW Seattle University Law Review Summer, 2007 Comment RACIALLY RESTRICTIVE COVENANTS IN THE STATE OF WASHINGTON: A PRIMER FOR... |
2007 |
| Michael J. Kaufman |
Reasonable but Unconstitutional: Racial Profiling and the Radical Objectivity of Whren V. United States |
41 University of Richmond Law Review 707 (March, 2007) |
Imagine a social studies class in a public high school. The class has twenty students, ten of whom are white and ten of whom are African-American. The classroom contains ten desks on the east side of the room, which are separated from ten desks on the west side of the room by an aisle. On the first day of class, the ten African-American students; Search Snippet: ...AND RACE: THE CONSTITUTIONALITY OF EDUCATIONAL STRATEGIES DESIGNED TO TEACH RACIAL LITERACY Michael J. Kaufman [FNa1] Copyright (c) 2007 University of... |
2007 |
| Glenn C. Loury |
Remarks on Racial Profiling in Missouri |
23 Georgia State University Law Review 585 (Spring, 2007) |
My lecture this afternoon is about race and racial inequality in the United States. I will try to give you some idea of what I think I'm contributing to the study of this subject in my work. In order to do that I need to give some background, to create something of an intellectual context into which my work will fit. I will begin by describing some; Search Snippet: ...Spring, 2007 Articles RELATIONS BEFORE TRANSACTIONS: A NEW PARADIGM FOR RACIAL DISCRIMINATION THEORY [FNd1] Glenn C. Loury Copyright (c) 2007 Georgia... |
2007 |
| Neil F. Carlson , Leonard M. Baynes |
Rethinking the Language of Race and Racism |
21 Saint John's Journal of Legal Commentary 575 (Spring-Summer 2007) |
Executive Summary. 578 Introduction. 579 Race and Representation: How the Media Shape and Misshape Race in America. 581 Framing Race: How Media Shape the Discourse at the Nexus of Race and Public Policy. 589 Media Production: Diversity in the Newsroom and the Culture of News Production. 592 The Political Economy of the Media: How Economics and; Search Snippet: ...DISCOURSE ON RACE: A SYMPOSIUM ON HOW THE LACK OF RACIAL DIVERSITY IN THE MEDIA AFFECTS SOCIAL JUSTICE AND POLICY Neil... |
2007 |
| Karin S. Portlock |
Stereotype Threat and Antidiscrimination Law: Affirmative Steps to Promote Meritocracy and Racial Equality in Education |
107 Columbia Law Review 1404 (October, 2007) |
This Note addresses the exceptions in many states' rape shield laws that permit the admission of the complainant's status as a prostitute into evidence. While these laws take various forms, New York's rape shield law contains a legislated exception to its shield, which allows for the admission of the complainant's prostitution convictions that have... |
2007 |
| Kevin R. Johnson |
Tales of Color and Colonialism: Racial Realism and Settler Colonial Theory |
2007 Wisconsin Law Review 283 (2007) |
I. Introduction. 284 II. The Tulia Sting, or Round Up the Usual Suspects . 286 A. The Sting. 288 B. Vindication of the Accused. 291 III. The Continuing Evil of Race-Mixing: Tulia as a Case Study. 294 A. The Legal and Social Prohibition of Black-White Relationships. 295 1. The Persistence of Social Separation. 297 2. The Lingering Stigma of; Search Snippet: ...IN TULIA, TEXAS: THE TABOO ON BLACK-WHITE ROMANCE AND RACIAL PROFILING IN THE WAR ON DRUGS Kevin R. Johnson [FNa1... |
2007 |
| Chris Chambers Goodman |
The Color of Post-ethnicity: the Civic Ideology and the Persistence of Anti-black Racism |
25 Law & Inequality: A Journal of Theory and Practice Ineq. 1 (Winter 2007) |
For the present, individuals involved in the administration of justice should be aware of the existence of crime related racial stereotypes and their potential influence in the legal system. More than twenty years later, the idea has not yet caught on. I know how those people act. African Americans commit more crimes. African Americans are; Search Snippet: ...Winter 2007 Article THE COLOR OF OUR CHARACTER: CONFRONTING THE RACIAL CHARACTER OF RULE 404(B) EVIDENCE Chris Chambers Goodman [FNa1... |
2007 |
| Brant T. Lee |
The Devil We Know: Racial Subordination and National Security Law |
26 Quinnipiac Law Review 57 (2007) |
It is a central problem in the great American conversation about race to explain persistent racial inequality. The dominant narrative tells us that, historically, racial inequality was caused directly and simply, by explicit and intentional racial discrimination based on unreasoning race hatred. The paradigmatic examples are slavery and; Search Snippet: ...2007 Article THE DEVIL IN THE DETAILS: ON INTELLIGENT DESIGN, RACIAL CONSPIRACY THEORIES, AND THE THEOLOGY OF WHITENESS Brant T. Lee... |
2007 |
| Reynaldo Ramirez, Jr. |
The European Union and Fan Racism in European Soccer Stadiums: the Time Has Come for Action |
33 Thurgood Marshall Law Review 169 (Fall, 2007) |
Johnnie Cochran is a name recognized around the world as one of the Dream Team attorneys, who represented O.J Simpson in one of the most famous trials of this century. Whether your opinion differs from that of the jury, we can all agree that Cochran demonstrated tenacity, zealousness, and ethics in his representation, setting a new level for all; Search Snippet: ...LIFE AND TIMES OF JOHNNIE COCHRAN: A LAWYER'S FIGHT AGAINST RACISM & THE MISUSE OF EXCESSIVE FORCE Reynaldo Ramirez, Jr. [FNa1] Copyright... |
2007 |
| Ashleigh Shelby Rosette , Tracy L. Dumas |
The Hidden Consequences of Racial Salience in Videotaped Interrogations and Confessions |
14 Duke Journal of Gender Law & Policy 407 (January, 2007) |
Social scientists have long chronicled the impact of an individual's appearance on numerous outcomes including others' judgments of the individual's competence, amicability, intelligence, and trustworthiness. As these types of judgments affect hiring decisions, promotions, performance appraisals, and other critical work outcomes, they can have a; Search Snippet: ...Article THE HAIR DILEMMA: CONFORM TO MAINSTREAM EXPECTATIONS OR EMPHASIZE RACIAL IDENTITY Ashleigh Shelby Rosette [FNa1] Tracy L. Dumas [FNaa1] Copyright... |
2007 |
| Lloyd Jeglikowski |
The Implications of Parents Involved for Charter School Racial Balancing Provisions |
9 Rutgers Race & the Law Review 129 (2007) |
In the 2005 case of Johnson v. California, the Supreme Court held that prison policies of racial segregation must be subjected to a review of strict scrutiny. On remand, the court below must thus decide whether there is a compelling state interest to justify the California Department of Corrections policy of racially segregating new inmates to; Search Snippet: ...Review 2007 Note THE IMPLICATION OF PRISONERS' RIGHTS JURISPRUDENCE ON RACIAL SEGREGATION IN PRISONS: THE NORMATIVE APPROACH GIVES WAY TO AN... |
2007 |
| Larry M. Roth |
The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination |
34 Southern University Law Review 123 (Summer, 2007) |
It has to be the reader's immediate thought of how, or why, is someone even using Louis Brandeis's name and the concept of racism in the same breath? Yet, that is what this Article examines. Louis Brandeis, within his one life, lived many sub-lives. Like changing hats, he would assume different identities as he compartmentalized his life's; Search Snippet: ...BRANDEIS: PROGRESSIVE-REFORMER. SUPREME COURT JUSTICE. AVOWED ZIONIST. AND A RACIST? Larry M. Roth [FNa1] Copyright © 2007 Southern University Law Review... |
2007 |
| 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 |