| Author | Title | Citation | Summary | Year |
| David C. Baldus , Julie Brain , Neil A. Weiner , George Woodworth |
Evidence, Race, Intent, and Evil: the Paradox of Purposelessness in the Constitutional Racial Discrimination Cases |
76 Tennessee Law Review 555 (Spring, 2009) |
This Article presents the story of the effort of the capital habeas corpus unit of a federal defender's office, with the help of social and statistical scientists, to persuade the Arkansas Parole Board and Governor to commute a death sentence imposed in 1993 on Frank Williams, Jr. In 1992, Williams, 26 years of age, and a co-perpetrator went to the... |
2009 |
| Michael A. Stoll |
Exploring Jethroe's Injustice: the Impact of an Ex-ballplayer's Legal Quest for a Pension on the Movement for Restorative Racial Justice |
1 University of Chicago Legal Forum 381 (2009) |
One of the dramatic social transformations in the United States over the past two decades has been the rapid rise in the prison population. Between 1980 and 2000, the U.S. prison population increased four-fold from 300 thousand to over 1.2 million. Including those in local jails, over 2 million individuals are currently incarcerated. At these; Search Snippet: ...Low-Wage Worker Article EX-OFFENDERS, CRIMINAL BACKGROUND CHECKS, AND RACIAL CONSEQUENCES IN THE LABOR MARKET Michael A. Stoll [FNd1] Copyright... |
2009 |
| Alycee Lane |
Hang Them If They Have to Be Hung: Mitigation Discourse, Black Families, and Racial Stereotypes |
12 New Criminal Law Review 171 (Spring, 2009) |
This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of the black family--signified most perniciously through the figure of the welfare queen--the... |
2009 |
| Bill Ong Hing |
Institutional Racism: Judicial Conduct and a New Theory of Racial Discrimination |
44 University of San Francisco Law Review 307 (Fall 2009) |
ON A COLD, RAW DECEMBER MORNING in Marshalltown, Iowa, Teresa Blanco woke up to go to work at the local Swift meat packing plant. Hundreds of others across the town were doing the same thing, in spite of the miserable mixture of sleet, mist, and slush that awaited them outside their front doors. As they made their way to the plant, the workers, who; Search Snippet: ...Intersection Between Employment, Labor, and Human Rights Law Articles INSTITUTIONAL RACISM, ICE RAIDS, AND IMMIGRATION REFORM Bill Ong Hing [FNa1] Copyright... |
2009 |
| Damien G. Scott |
Ira Katznelson. When Affirmative Action Was White: an Untold History of Racial Inequality. New York: W. W. Norton, 2005. Xv, 238 Pp. $25.95 (Cloth); $14.95 (Paper) |
53 Howard Law Journal 177 (Fall 2009) |
The Constitution is both color blind and color conscious. To avoid conflict with the equal protection clause, a classification that denies a benefit, causes harm, or imposes a burden must not be based on race. In that sense, the Constitution is color blind. But the Constitution is color conscious to prevent discrimination being perpetuated and to; Search Snippet: ...OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION Damien G. Scott [FNa1] Copyright (c) 2009 Howard University... |
2009 |
| Kimberly A. Yuracko |
Is Kim Kardashian White (And Why Does it Matter Anyway)? Racial Fluidity, Identity Mutability & the Future of Civil Rights Jurisprudence |
5 Stanford Journal of Civil Rights & Civil Liberties 123 (April, 2009) |
In his new book The Race Card: How Bluffing About Bias Makes Race Relations Worse, Richard Ford addresses the critical question faced by civil rights and antidiscrimination scholars today: What more can and should the law do to combat racism and racial injustice? In answering this question, Ford reveals through a series of entertaining and often; Search Snippet: ...IS IT TIME FOR A POST CIVIL RIGHTS RESPONSE TO RACIAL INJUSTICE? Kimberly A. Yuracko [FNa1] Copyright © 2009 by the Board... |
2009 |
| Leland Ware, David C. Wilson |
John Marshall's Proslavery Jurisprudence: Racism, Property, and the "Great" Chief Justice |
24 Saint John's Journal of Legal Commentary 299 (Fall 2009) |
In 1958, George Wallace campaigned to become the governor of Alabama. His rival, Alabama's Attorney General, was an outspoken segregationist who persuaded state courts to declare the NAACP an illegal organization. The Attorney General was endorsed by the Ku Klux Klan and easily defeated Wallace. After the election, Wallace said, no other; Search Snippet: ...Fall 2009 Article JIM CROW ON THE DOWN LOW: SUBTLE RACIAL APPEALS IN PRESIDENTIAL CAMPAIGNS Leland Ware David C. Wilson [FNa1... |
2009 |
| Andrew E. Taslitz |
Judging Judicial Discretion: Legal Factors and Racial Discrimination in Sentencing |
44 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer 2009) |
This Article uses the views of the Jena Six prosecutor, Reed Walters, concerning the justifications for his role in the Jena Six affair, as a foil for exploring the proper role of prosecutors more generally in our system of justice. Walters's actions indicate that he favors the traditional prosecutor-as-advocate role, which is focused on the... |
2009 |
| César Cuauhtémoc García Hernández |
La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing after Another |
23 Notre Dame Journal of Law, Ethics & Public Policy 167 (2009) |
The first step in any Latino urban agenda must be to remove La Migra from the front yard. -- Mike Davis Where would the United States be without its ilegales? -- Ilan Stavans On an ordinary Saturday night in late July 2007 the traffic on a bridge linking the Mexican state of Tamaulipas with the Texas border cities of Hidalgo and McAllen was in its... |
2009 |
| César Cuauhtémoc García Hernández |
Labor Arbitration of Grievances Involving Racial Discrimination |
72 Albany Law Review 891 (2009) |
Good morning, it is a pleasure to be here. I would like to thank Professor Anthony Farley, the editors of the Albany Law Review, and the Albany Law Journal of Science & Technology for inviting me in, and for all of you for being here this morning. I would like to spend my time this morning talking about racial profiling. Specifically, I plan to; Search Snippet: ...Symposium: Defining Race LA MIGRA IN THE MIRROR: IMMIGRATION ENFORCEMENT, RACIAL PROFILING, AND THE PSYCHOLOGY OF ONE MEXICAN CHASING AFTER ANOTHER... |
2009 |
| Amara S. Chaudhry, Esquire |
Lessons from the World Conference Against Racism: South Africa as a Case Study |
18 Temple Political & Civil Rights Law Review 505 (Spring 2009) |
As the non-LGBT Legal Director of an LGBT advocacy organization, I am constantly surprised to learn how seldom advocates for LGBT rights study and seek to learn from the American civil rights struggles of other historically marginalized groups. Recently, however, the LGBT civil rights movement has been increasingly looking to learn from other civil; Search Snippet: ...DETERMINATION FOR TRANSGENDER INDIVIDUALS CAN LEARN FROM AMERICA'S HISTORY WITH RACIAL CLASSIFICATION CATEGORIES Amara S. Chaudhry, Esquire [FNa1] Copyright (c) 2009... |
2009 |
| Mary Pattillo |
Making Inclusionary Zoning More Inclusive: How D.c. Should Reform its Inclusionary Zoning Policy to Account for Income, Racial, and Geographic Segregation |
18-WTR Journal of Affordable Housing & Community Development Law 215 (Winter, 2009) |
In 1969, the federal courts ruled in Gautreaux v. Chicago Housing Authority that public housing in Chicago was intentionally and illegally concentrated in black neighborhoods and that blacks were restricted to living in these segregated projects. In the mid-1990s, a group of North Kenwood-Oakland (NKO) residents waged their case against public; Search Snippet: ...Forty Article MAKING FAIR (PUBLIC) HOUSING CLAIMS IN A POST- RACISM LEGAL CONTEXT Mary Pattillo [FNa1] Copyright © 2009 by American Bar... |
2009 |
| Pat K. Chew, Robert E. Kelley |
N.i.g.g.a., Slumdog, Dyke, Jap, and Heeb: Reconsidering Disparaging Trademarks in a Post-Racial Era |
86 Washington University Law Review 1117 (2009) |
In this Article, we present an exploratory empirical study of federal workplace racial harassment cases that span a twenty-year period. Multiple analyses found that judges' race significantly affects outcomes in workplace racial harassment cases. African American judges rule differently than White judges, even when one takes into account their; Search Snippet: ...MYTH OF THE COLOR-BLIND JUDGE: AN EMPIRICAL ANALYSIS OF RACIAL HARASSMENT CASES Pat K. Chew Robert E. Kelley [FNa1] Copyright... |
2009 |
| Margaret Montoya , Christine Zuni Cruz , Interviewed by Gene Grant |
Narratives of Cultural Collision and Racial Oppression: How to Reconcile Theories of a Cultural Defense and Rotten Social Background Defense to Best Serve Criminal Defendants |
33 American Indian Law Review 153 (2008-2009) |
I am from Oke Owingeh and Isleta Pueblo. My mother is from Oke Owingeh. I am a member of my father's Pueblo, the Pueblo of Isleta. - Professor Christine Zuni Cruz I was born in Las Vegas, New Mexico, to Ricardo Montoya and Virginia Alarid Montoya. One of the earliest memories from my school years is of my mother braiding my hair, making my; Search Snippet: ...College of Law, Oct. 19-20, 2007 NARRATIVE BRAIDS: PERFORMING RACIAL LITERACY [FNa1] Margaret Montoya [FNa2] Christine Zuni Cruz [FNa3] Interviewed... |
2009 |
| Lisette McCormick |
National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts |
11 Lawyers Journal 1 (August 14, 2009) |
On May 6-9, 2009, the Pennsylvania Interbranch Commission for Gender, Racial and Ethnic Fairness (Interbranch Commission) and the ACBA served as the co-hosts for the 21st Annual Meeting of the National Consortium for Racial and Ethnic Fairness in the Courts (National Consortium). Expanding on Pittsburgh's historical distinction as the City of; Search Snippet: ...LAWYERS JOURNAL Lawyers Journal August 14, 2009 NATIONAL CONSORTIUM FOR RACIAL AND ETHNIC FAIRNESS CONFERENCE A SUCCESS Lisette McCormick Copyright © 2009... |
2009 |
| Marissa Jackson |
Neoliberal Multiculturalism: the Remaking of Cultural Rights and Racial Dominance in Central America |
11 Berkeley Journal of African-American Law & Policy 156 (2009) |
But once we have taken note of the situation, once we have understood it, we consider the job done. How can we possibly not hear that voice again tumbling down the steps of History: It's no longer a question of knowing the world, but of transforming it. In the 1950s, Franz Fanon boldly asserted: There is a fact: White men consider themselves; Search Snippet: ...African-American Law & Policy 2009 Article NEO-COLONIALISM, SAME OLD RACISM: A CRITICAL ANALYSIS OF THE UNITED STATES' SHIFT TOWARD COLORBLINDNESS... |
2009 |
| Preston C. Green, III , Joseph O. Oluwole , Bruce D. Baker |
No Two Seats: the Elusive Quest for Political Equality |
12 Journal of Gender, Race and Justice 285 (Winter 2009) |
The No Child Left Behind Act of 2001 (NCLB or Act) is laudable for its recognition that certain groups are not achieving as well academically as others, and that school districts need to take action to improve their performance. While the NCLB seems to acknowledge the need for different approaches for different students, it is doubtful that the... |
2009 |
| Kevin Brown |
Nurturing in the Service of White Culture: Racial Subordination, Gestational Surrogacy, and the Ideology of Motherhood |
34 Thurgood Marshall Law Review 287 (Spring, 2009) |
In Parents Involved in Community Schools v. Seattle School District No. 1, all of the Justices reaffirmed their commitment to the 2003 higher education affirmative action decision in Grutter v. Bollinger. Grutter was clearly a victory for affirmative action in higher education. In Grutter, the Court concluded that the affirmative action policy; Search Snippet: ...THE APPROPRIATE TIME FOR SELECTIVE HIGHER EDUCATION PROGRAMS TO COLLECT RACIAL AND ETHNIC DATA ON ITS BLACK APPLICANTS AND STUDENTS Kevin... |
2009 |
| Derrick Bell |
On Death's Doorstep: the Racially Stratified Impact of the Michigan Self-defense Act and Why Race-centric Advocacy Is Not the Answer |
36-FALL Human Rights Rts. 2 (Fall, 2009) |
This article is based on a presentation Professor Bell gave to the Yale Black Law Students Association shortly after the inauguration of President Barack Obama. In our media-obsessed society, every aspect of Barack Obama's election and inauguration was covered like a heavy rain on a parched landscape. It was a historic landmark, with Obama... |
2009 |
| Abby Sullivan |
One Client, Different Races: Estimating Racial Disparity in Chapter Choice Using Matched Pairs of Debtors |
6 Hastings Race and Poverty Law Journal 101 (Winter 2009) |
Since 2006 the United States Immigration and Customs Enforcement (ICE) has increasingly conducted workplace and residence raids as a prominent mechanism for the enforcement of immigration laws. According to the Immigration Policy Center, a nonprofit immigration think tank, the immigration reform debate's heavy focus on undocumented immigration; Search Snippet: ...Winter 2009 Note ON THIN ICE: CRACKING DOWN ON THE RACIAL PROFILING OF IMMIGRANTS AND IMPLEMENTING A COMPASSIONATE ENFORCEMENT POLICY Abby... |
2009 |
| Sharon L. Browne |
On-line Racism |
10 Engage: The Journal of the Federalist Society Practice Groups 8 (February 1, 2009) |
At the heart of the Constitution's guarantee of equal protection lies the simple command that the Government must treat citizens as individuals, not as simply components of a racial, religious, sexual or national class. Parents Involved in Community Schools v. Seattle School District A little more than a year has passed since the U.S. Supreme Court; Search Snippet: ...COMMUNITY SCHOOLS v. SEATTLE SCHOOL DISTRICT AND THE PURSUIT OF RACIAL REPRESENTATION IN PUBLIC ELEMENTARY AND SECONDARY PUBLIC SCHOOLS Sharon L... |
2009 |
| Helen H. Kang |
Putting Environmental Racism on the National Agenda? A Review of Race and the Incidence of Environmental Hazards: a Time for Discourse |
31 Washington University Journal of Law and Policy 121 (2009) |
When I was invited to participate in the Access to Equal Justice: Critical Perspectives on Court and Law Reform Colloquium, our panel was slated to discuss Pursuing Environmental Justice: Obstacles and Opportunities. Before our panel convened, Professor Jane Spinak delivered the keynote address for the colloquium. I attended Professor Spinak's... |
2009 |
| Khiara M. Bridges |
Queer Refuge: the Impacts of Homoantagonism and Racism in U.s. Asylum Law |
18 Columbia Journal of Gender and Law 609 (2009) |
This Article analyzes the relationship between the struggle for the recognition of Black women's reproductive rights in the United States and the fight for racial justice. Specifically, it argues that the problematization of poor Black women's fertility--evidenced by the depiction of single Black motherhood as a national crisis, the condemnation of... |
2009 |
| Malia Reddick , Michael J. Nelson , Rachel Paine Caufield |
Racial and Gender Justice in the Child Welfare and Child Support Systems |
48 Judges' Journal 28 (Summer, 2009) |
Most Americans would agree that racial and gender diversity is an important quality for our nation's courts. Whether judicial diversity is valued because it increases public confidence in the courts, provides decision-making power to formerly disenfranchised populations, or is essential to ensuring equal justice for all, citizens seem to prefer a; Search Snippet: ...2009 WL 4272771 JUDGES7D JOURNAL Judges' Journal Summer, 2009 Feature RACIAL AND GENDER DIVERSITY ON STATE COURTS An AJS Study Malia... |
2009 |
| Kelly Sarabyn |
Racial Antagonism, Sexual Betrayal, Graft, and More: Rethinking and Remedying the Universe of Defense Counsel Failings |
19 George Mason University Civil Rights Law Journal 553 (Summer 2009) |
Scholars construe the equal protection doctrine in the post-Civil Rights Era as evincing a struggle between the conservative Justices' anti-classification principle and the progressive Justices' anti-subordination principle. After a few indeterminate strikes for each side, the anti-classification principle largely won the battle. Rather than add to; Search Snippet: ...George Mason University Civil Rights Law Journal Summer 2009 Articles RACIAL AND SEXUAL PATERNALISM Kelly Sarabyn [FNa1] Copyright (c) 2009 George... |
2009 |
| Dov Fox |
Racial Classification or Cultural Identification?: the Gathering Rights Jurisprudence of Two Twentieth Century Hawaiian Supreme Court Justices |
118 Yale Law Journal 1844 (June, 2009) |
This Note considers the moral status of practices that facilitate parental selection of sperm donors according to race. Arguments about intentions and consequences cannot convincingly explain the race-conscious design of donor catalogs. This prompts us to examine the expressive dimension of wrongful discrimination. Even practices marked by innocent... |
2009 |
| John L. Ropiequet |
Racial Discrimination in Access to Health: the Brazilian Experience |
63 Consumer Finance Law Quarterly Report 156 (Fall-Winter 2009) |
A large group of class actions alleging racial discrimination under the Equal Credit Opportunity Act (ECOA) by various auto finance companies concluded in 2007, more than a decade after the first of the cases was filed. In those cases, it was claimed that the common practice by which auto dealers set a dealer reserve by marking up the buy rate; Search Snippet: ...Consumer Finance Law Quarterly Report Fall-Winter 2009 December 2009 RACIAL DISCRIMINATION CLAIMS IN CURRENT MORTGAGE AND AUTO FINANCE LITIGATION: THE... |
2009 |
| Daniela Ikawa , Laura Mattar |
Racial Discrimination in America |
57 University of Kansas Law Review 949 (May, 2009) |
The Brazilian version of race is quite different from the American version. In Brazil, blacks account for almost half of the population, while they are only a little more than one tenth of the United States population. Racial discrimination in Brazil is based on phenotype and not on ancestry. De jure discrimination (although not de facto; Search Snippet: ...2009 Symposium Law, Reparations & Racial Disparities Health and Racial Disparities RACIAL DISCRIMINATION IN ACCESS TO HEALTH: THE BRAZILIAN EXPERIENCE Daniela Ikawa... |
2009 |
| Richard Marsico, Jane Yoo |
Racial Disparities in the Allocation of Stem Cells |
53 New York Law School Law Review 1011 (2008/2009) |
The recent turmoil in the financial markets related to rising default rates on subprime home purchase loans should not obscure the fact that study after study has shown African-Americans, Latinos, and residents of predominantly minority neighborhoods receive a disproportionately high percentage of subprime home purchase loans. Not only do... |
2009 |
| Howard A. Davidson |
Racial Disparities in the Delivery of Health Care |
28 Child Law Practice 94 (August, 2009) |
In most states, clear data show that minorities are disparately involved in child protective court proceedings. Poverty, inadequate housing within poor neighborhoods served by urban juvenile courts, and racism are often claimed to be likely causes. Intrusive child protective agency scrutiny and interventions are often fueled by negative beliefs; Search Snippet: ...CHILD LAW PRACTICE Child Law Practice August, 2009 In Practice RACIAL DISPARITIES IN THE CHILD WELFARE SYSTEM: REVERSING TRENDS Howard A... |
2009 |
| Darren Lenard Hutchinson |
Racial Extremism in the Army |
86 Washington University Law Review 917 (2009) |
I. Introduction: Two Louisiana Stories--Race, Inequality, and Rhetoric. 918 II. Nineteenth-Century Racial Discourse. 924 A. Racial Exhaustion: An American Narrative. 924 1. Narratives and Society. 924 2. Social Narratives on Race. 925 3. Particulars of Racial Exhaustion. 926 B. Low Stamina: Racial Exhaustion in the Reconstruction Era. 928 1. From; Search Snippet: ...WASHINGTON UNIVERSITY LAW REVIEW Washington University Law Review 2009 Article RACIAL EXHAUSTION Darren Lenard Hutchinson [FNa1] Copyright (c) 2009 Washington University... |
2009 |
| Marc Mauer |
Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities |
23-WTR Criminal Justice 16 (Winter, 2009) |
In reaction to a study that found Iowa topped the nation in racial disparity in its prison population, Iowa Governor Chet Culver in April 2008 made history by signing into law the nation's first piece of legislation to require policy makers to prepare racial impact statements for proposed legislation that affects sentencing, probation, or parole; Search Snippet: ...2009 WL 120312 CRIMINAL JUSTICE Criminal Justice Winter, 2009 Feature RACIAL IMPACT STATEMENTS Changing Policies to Address Disparities Marc Mauer [FNa1... |
2009 |
| Camille A. Nelson |
Racial Paradox in a Law and Society Odyssey |
86 Denver University Law Review 743 (2009) |
The 2008 political season provided us with sublime political spectacle. The contest for presidential nominee of the Democratic National party was an exciting and historic race. The subsequent presidential race whipped Americans, and indeed many throughout the world, into a frenzy. Never before did two white women and a black man exemplify the; Search Snippet: ...DENVER UNIVERSITY LAW REVIEW Denver University Law Review 2009 Article RACIAL PARADOX AND ECLIPSE: OBAMA AS A BALM FOR WHAT AILS... |
2009 |
| L. Darnell Weeden |
Racial Profiling and the War on Terror |
36 Southern University Law Review 239 (Spring, 2009) |
The issue to be addressed is whether a prosecutor's use of discretion targeting individuals because of race, constitutes race profiling in violation of the Equal Protection Clause under the Fourteenth Amendment of the United States Constitution. In my opinion arbitrary use of discretion by a prosecutor to target any individual because of race is a... |
2009 |
| Michal Tamir |
Racial Profiling-separate and Unequal Keeping the Minorities in Line-the Role of Law Enforcement in America |
15 Texas Hispanic Journal of Law and Policy 71 (Spring 2009) |
I. Introduction. 72 II. Racial Profiling. 73 III. Racial Profiling and the Law. 76 A. Racial Profiling and the War on Drugs. 79 B. Racial Profiling and the War on Terror. 80 IV. Justifications for Racial Profiling in the War of Terror. 81 A. The Legality of Purpose and Relevance of Considerations. 81 B. Proportionality. 83 C. Discretion. 85 V. What; Search Snippet: ...Texas Hispanic Journal of Law and Policy Spring 2009 Article RACIAL PROFILING: WHO IS THE EXECUTIONER AND DOES HE HAVE A... |
2009 |
| Kathleen Sullivan, Ohio University |
Racial Upside: Deconstructing the 'Merits' of Jeremy Lin's Nba Contract |
43 Law and Society Review 445 (June, 2009) |
The Supreme Court invalidated bans on interracial marriage in 1967, but Alabama did not remove its own anti-miscegenation provision until 2000. Novkov views bans on interracial intimacy not as a legacy of a bygone era but as a key resource in state-building. Limiting her scope to the development of a single state on a single issue provides a... |
2009 |
| David Welsh |
Racism and the Law: Slavery, Integration, and Modern Resegregation in America |
11 Journal of Law and Family Studies 431 (2009) |
The destinies of the two races in this country are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law, declared Justice Harlan in his ringing dissent to Plessy v. Ferguson. Yet in 1896, his vision of a colorblind; Search Snippet: ...Studies 2009 Symposium New Frontiers in Family Law Study Note RACISM AND THE LAW: SLAVERY, INTEGRATION, AND MODERN RESEGREGATION IN AMERICA... |
2009 |
| David Welsh |
Racism and U.s. Immigration Law: Prospects for Reform after "9/11?" |
2009 Utah Law Review 479 (2009) |
The destinies of the two races in this country are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law, declared Justice Harlan in his ringing dissent to Plessy v. Ferguson. Yet in 1896, his vision of a colorblind; Search Snippet: ...Review 2009 Symposium New Frontiers in Family Law Study Note RACISM AND THE LAW: SLAVERY, INTEGRATION, AND MODERN RESEGREGATION IN AMERICA... |
2009 |
| Hugo Adam Bedau |
Racism: a Major Source of Property and Wealth Inequality in America |
76 Tennessee Law Review 615 (Spring, 2009) |
Opponents of the death penalty, by virtue of their arguments, tend to divide into two groups. The first and larger group consists of those who oppose this penalty because of the risk of convicting and executing an innocent defendant-or because of the manifest and chronic unfairness that governs the management of our death penalty system, especially; Search Snippet: ...3003840 TENNESSEE LAW REVIEW Tennessee Law Review Spring, 2009 Symposium RACISM, WRONGFUL CONVICTIONS, AND THE DEATH PENALTY Hugo Adam Bedau [FNa1... |
2009 |
| Robert Steinbuch |
Racist Float Ruled Protected Speech |
25 Harvard BlackLetter Law Journal 199 (Spring 2009) |
Racist has become a largely meaningless term of political invective-like . . . Liberal, Neocon[servative], name your favorite term of political invective. In the opinionation business, being called a racist isn't so much an insult as an occupational hazard. As often as it's thrown around, the term Racist has come to mean anybody you really, really; Search Snippet: ...America? The Obligations of Lawyers, the Legislature, and the Court RACIST Robert Steinbuch [FNa1] Copyright (c) 2009 President and Fellows of... |
2009 |
| Iris Halpern |
Reacting to Racism |
18 Columbia Journal of Gender and Law 743 (2009) |
In 1960, To Kill a Mockingbird was published to significant popular acclaim: a reception that has proved enduring. Mockingbird remains one of the most widely circulated works in United States history. Curiously enough, however, the nonpareil American novel known for its condemnation of racism has proven itself a more venerable object in the heart; Search Snippet: ...LEGAL CONSTRUCTION OF GENDER AND SEXUALITY IN THE CONTEXT OF RACIAL SUBORDINATION Iris Halpern [FNa1] Copyright © 2009 by the Columbia Journal... |
2009 |
| Bethany R. Berger |
Redacting Race in the Quest for Colorblind Justice: How Racial Privacy Legislation Subverts Antidiscrimination Laws |
56 UCLA Law Review 591 (February, 2009) |
How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the; Search Snippet: ...UCLA LAW REVIEW UCLA Law Review February, 2009 Article RED: RACISM AND THE AMERICAN INDIAN Bethany R. Berger [FNa1] Copyright ©... |
2009 |
| Raphael Cohen-Almagor |
Regulating Race, Gender, and Ethnic Bias in the Legal Profession: a Modest Proposal |
17 Cardozo Journal of International and Comparative Law 405 (Summer 2009) |
Israel is a Jewish democracy. It is founded on Halacha (Jewish law) and on liberal principles. While some segments of Jewish orthodoxy believe there is no room for freedom because all is dictated by the Almighty, liberal ideology is based on the tenets of freedom. While some segments of Jewish orthodoxy believe that all Jews are in the same boat,; Search Snippet: ...2009 Symposium: Comparative Law of Hate Speech REGULATING HATE AND RACIAL SPEECH IN ISRAEL Raphael Cohen-Almagor [FNa1] Copyright (c) 2009... |
2009 |
| Jeannine Bell |
Retargeting Affirmative Action: a Program to Serve Those Most Harmed by past Racism and Avoid Intractable Problems Triggered by per Se Racial Preferences |
84 Indiana Law Journal 963 (Summer, 2009) |
It may be true that morality cannot be legislated, but behavior can be regulated. The law may not change the heart, but it can restrain the heartless. In Spain on November 17, 2004, during a friendly soccer match between Spain and England, two Black players for the English team were subjected to monkey noises and racist slogans chanted by; Search Snippet: ...Expression in Europe and the United States RESTRAINING THE HEARTLESS: RACIST SPEECH AND MINORITY RIGHTS Jeannine Bell [FNa1] Copyright (c) 2009... |
2009 |
| Michele Goodwin , Nevin Gewertz |
Rethinking Drug Courts: Restorative Justice as a Response to Racial Injustice |
72 Law and Contemporary Problems 251 (Fall 2009) |
The Supreme Court's most recent affirmative-action opinion, Parents Involved in Community Schools v. Seattle School Dist. No. 1, suggests a new social climate in education reform--one in which government-forced integration in schools is no longer necessary, or at least not the best idea. Solutions to poor performance in African American schools may... |
2009 |
| Michael M. O'Hear |
Rethinking First Amendment Assumptions about Racist and Sexist Speech |
20 Stanford Law and Policy Review 463 (2009) |
Since their first appearance in Miami in 1989, specialized drug treatment courts have grown phenomenally popular, with nearly 2,000 now in existence. Although their effectiveness is a matter of debate among academics, their political appeal remains strong. This popularity stems in large part from the unpopularity of what is generally seen as the; Search Snippet: ...Reform RETHINKING DRUG COURTS: RESTORATIVE JUSTICE AS A RESPONSE TO RACIAL INJUSTICE Michael M. O'Hear [FNa1] Copyright (c) 2009 Board of... |
2009 |
| David Gillborn |
Risky Situations: Sources of Racial Disparity in Police Behavior |
44 Wake Forest Law Review 535 (Summer 2009) |
This Article examines the costs of so-called free speech in relation to race, particularly with reference to debates about a supposed link between race and intelligence/educability. Drawing on an analysis of media coverage in the United Kingdom, I show how Whiteness (a regime of beliefs and attitudes that embodies the interests and assumptions of... |
2009 |
| Christian B. Sundquist |
Second Hand Prejudice, Racial Analogies and Shared Showers: Why "Don't Ask, Don't Tell" Won't Sell |
25 Harvard BlackLetter Law Journal 57 (Spring 2009) |
The meaning of race has been vigorously contested throughout history. Early theories of race assigned social, intellectual, moral and physical values to perceived physical differences among groups of people. The perception that race should be defined in terms of genetic and biological difference fuelled the race science of the eighteenth and... |
2009 |
| Marques P. Richeson |
Sexual Harassment and Racial Disparity: the Mutual Construction of Gender and Race |
25 Harvard BlackLetter Law Journal 95 (Spring 2009) |
I. History of Castration in the United States: Eliminating the Unfit . 98 II. The Middle Passage: From Circumcision to Castration. 101 III. History of Black Male Castration: Demasculinization, Dehumanization, and Invisibility. 103 A. Castration as a Tool of Demasculinization. 107 B. Castration as a Tool of Dehumanization. 108 C. Castration as a; Search Snippet: ...TO-CASTRATE: A BLACK BOX WARNING OF CHEMICAL CASTRATION'S POTENTIAL RACIAL SIDE EFFECTS Marques P. Richeson [FNa1] Copyright (c) 2009 President... |
2009 |
| Thomas Kleven |
Systemic Racial Bias and Rico's Application to Criminal Street and Prison Gangs |
8 Connecticut Public Interest Law Journal 207 (Spring/Summer 2009) |
The thesis of this article is that the United States is systemically a highly classist and racist society, that classism and racism are interrelated and overlapping phenomena, and that the achievement of a non-classist/non-racist society requires a mass movement of working-class people of all ethnicities for social and racial justice for all. By... |
2009 |