| Author | Title | Citation | Summary | Year |
| Laura Arden Reed |
Constitutional Law--equal Protection--seventh Circuit Permits Use of Racial Classifications in Promotion Decisions at a Prison Boot Camp.--wittmer V. Peters, 87 F.3d 916 (7th Cir.), Petition for Cert. Filed, 65 U.s.l.w. 3416 (U.s. Nov. 22, 1996) (No. 96-8 |
34 Cumberland Law Review 157 (2003-2004) |
In Grutter v. Bollinger a class of non-minority University of Michigan Law School (hereinafter Law School) applicants challenged the validity of the Law School's admissions policy which aims to facilitate diversity in the student body. The admissions policy was drafted to comply with the Supreme Court's ruling in Regents of the University of; Search Snippet: ...Cumberland Law Review 2003-2004 Casenotes CONSTITUTIONAL LAW--EQUAL PROTECTION-- RACIAL CONSIDERATION IN THE CONTEXT OF LAW SCHOOL ADMISSIONS IS CONSTITUTIONAL... |
2004 |
| Ryan Fortson |
Corrections for Racial Disparities in Law Enforcement |
6 African-American Law and Policy Report 71 (2004) |
Slavery can only be abolished by raising the character of the people who compose the nation; and that can be done only by showing them a higher one. No one now doubts, or at least no one should doubt, that slavery imposed a grievous wrong on Blacks in America, one from which neither the descendants of slaves nor the country as a whole have entirely; Search Snippet: ...ACTION SUIT FOR SLAVERY REPARATIONS, AND THE RECONCEPTUALIZATION OF WHITE RACIAL IDENTITY Ryan Fortson [FNa1] Copyright (c) 2004 Regents of the... |
2004 |
| Roger Roots |
Critical Race Theory and Autobiography: Can a Popular "Hybrid" Genre Reach Across the Racial Divide? |
32 Southern University Law Review 81 (Fall 2004) |
Laws are never the voice of the powerless, the disadvantaged, or the downtrodden. Rather, laws are the creation of the most powerful and privileged elements of society, aimed at the promotion of their own interests. Since the Civil Rights Movement, lawmakers in every U.S. jurisdiction have enacted legal measures that, on their face, are aimed at; Search Snippet: ...2004 Article CRITICAL LEGAL THEORY AND THE CIVIL RIGHTS OF RACISTS Roger Roots [FNa1] Copyright (c) 2004 Southern University Law Center... |
2004 |
| William J. Bowers , Marla Sandys , Thomas W. Brewer |
Crossing the Border: the Interdependence of Foreign Policy and Racial Justice in the United States |
53 DePaul Law Review 1497 (Summer 2004) |
In 1976, the United States Supreme Court assumed in Gregg v. Georgia and companion cases that the reformed capital statutes of Georgia, Florida, and Texas would remedy the ills, including the risk of racial bias in sentencing that made the application of the death penalty unconstitutional according to Furman v. Georgia. Yet studies of sentencing; Search Snippet: ...Law Review Summer 2004 Symposium: Race to Execution Articles CROSSING RACIAL BOUNDARIES: A CLOSER LOOK AT THE ROOTS OF RACIAL BIAS IN CAPITAL SENTENCING WHEN THE DEFENDANT IS BLACK AND... |
2004 |
| John O. Calmore |
Disproportionate Use of Deadly Force on Unarmed Minority Males: How Gender and Racial Perceptions Can Be Remedied |
92 California Law Review 1517 (October, 2004) |
Because I am a middle-aged, African American man, I have more than just a casual interest in advancing my understanding of racial inequality in this country. As I reach this golden age, I have learned that [t]he most dangerous time of life for a black man in America is middle age. Death rates for African American men exceed those for white men at; Search Snippet: ...AND WITHOUT: THE CHICANO FIGHT FOR JUSTICE IN EAST L.A. Racism on Trial: The Chicano Fight for Justice by Ian F... |
2004 |
| Joe R. Feagin |
Dodging the Traps of Cultural Authenticity: a Review of Richard Ford's Racial Culture: a Critique |
20 Harvard BlackLetter Law Journal 49 (Spring, 2004) |
Without significant reparations for African Americans, the deepest racial divide in the United States will never be eliminated. As Randall Robinson has put it in The Debt: What America Owes to Blacks, if . African Americans will not be compensated for the massive wrongs and social injuries inflicted upon them by their government, during and after... |
2004 |
| Patricia Moore |
Empowering Up: Reversing the Economic Legacy of Racial Segregation |
81 University of Detroit Mercy Law Review 397 (Spring 2004) |
In Hopson v. DaimlerChrysler, the United States Court of Appeals for the Sixth Circuit decided whether summary judgment was appropriate for the defendant on racial discrimination claims based on violations of Title VII, 42 United States Code § 2000e-2000e-17 (2000) and the Elliott-Larsen Civil Rights Act, Michigan Compiled Laws Annotated 37.2101; Search Snippet: ...Detroit Mercy Law Review Spring 2004 Case Digest EMPLOYMENT LAW RACIAL DISCRIMINATION CIRCUMSTANTIAL EVIDENCE OF RACIAL DISCRIMINATION MAY BE INTRODUCED TO RAISE A GENUINE ISSUE OF... |
2004 |
| Floyd Weatherspoon |
Ending the Conquest Won Through Institutionalized Racism in Our Schools: Multicultural Curricula and the Right to an Equal Education |
65 University of Pittsburgh Law Review 721 (Summer, 2004) |
In theory, the American justice system is designed to ensure that each American's basic constitutional rights are preserved and protected. Most Americans, including African-Americans, believe that the justice system protects the constitutional rights of all Americans. However, the extent of this protection is viewed differently by whites and; Search Snippet: ...REVIEW University of Pittsburgh Law Review Summer, 2004 Article ENDING RACIAL PROFILING OF AFRICAN-AMERICANS IN THE SELECTIVE ENFORCEMENT OF LAWS... |
2004 |
| Dorothy A. Brown |
Fighting Racism: Hate Speech Detours |
61 Washington and Lee Law Review 1485 (Fall, 2004) |
[F]or several hundred years Negroes have been discriminated against, not as individuals, but rather solely because of the color of their skins. It is unnecessary in twentieth-century America to have individual Negroes demonstrate that they have been victims of racial discrimination; the racism of our society has been so pervasive that none,; Search Snippet: ...Fall, 2004 Symposium Critical Race Theory: The Next Frontier FIGHTING RACISM IN THE TWENTY-FIRST CENTURY Dorothy A. Brown [FNa1] Copyright... |
2004 |
| Michael Z. Green |
First Amendment |
7 University of Pennsylvania Journal of Labor and Employment Law 55 (Fall 2004) |
I. Introduction. 57 II. Obtaining Counsel For Unrepresented Employees: An Employment Discrimination Dispute Resolution Dilemma for the Twenty-First Century. 64 A. Employment Discrimination Litigation and Its Frustrations Without Counsel. 66 B. Alternatives to Employment Discrimination Litigation and Its Frustrations Without Counsel. 69 III. A; Search Snippet: ...DISCRIMINATION DISPUTES AS A CRITICAL PRESCRIPTION FOR UNIONS TO EMBRACE RACIAL JUSTICE Michael Z. Green [FNd1] Copyright (c) 2004 University of... |
2004 |
| Donald K. Tamaki |
Foreword: the New Face of Racial Profiling |
11 Asian Law Journal 145 (May, 2004) |
On December 7, 1941, Japan attacked Pearl Harbor and fear gripped our nation. Within hours, Secret Service and FBI agents swept through Japanese American communities, arresting its leaders. Within weeks, these communities were subjected to race-based curfew orders. Within months, the wholesale rounding up of Americans was in full swing as they were; Search Snippet: ...SIXTY YEARS AFTER THE INTERNMENT: CIVIL RIGHTS, IDENTITY POLITICS, AND RACIAL PROFILING Donald K. Tamaki [FNd1] Copyright (c) 2004 Asian Law... |
2004 |
| Erik Luna |
Foreword: Why Retry? Reviving Dormant Racial Justice Claims |
2004 Utah Law Review 905 (2004) |
Good morning and welcome to the Color of Justice: The New Face of Racial Profiling, a symposium sponsored by the University of Utah S.J. Quinney College of Law, the Minority Law Caucus, and the Utah Law Review. I want to begin by thanking all of you for attending today's event, bringing together a broad and diverse group of professions,; Search Snippet: ...Review 2004 Racial Profiling Symposium FOREWORD: THE NEW FACE OF RACIAL PROFILING Erik Luna [FNa1] Copyright (c) 2004 Utah Law Review... |
2004 |
| Lino A. Graglia |
Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing |
36 Loyola University Chicago Law Journal 57 (Fall 2004) |
Dishonesty has been characteristic of the Supreme Court's decisions on race at least since 1968 when it held in Green v. County School Board that official race discrimination is sometimes not only constitutionally permissible but, for the first time in our history, constitutionally required. In that case, the Court performed the extraordinary feat; Search Snippet: ...in Education Policy Symposium Article FRAUD BY THE SUPREME COURT: RACIAL DISCRIMINATION BY A STATE INSTITUTION OF HIGHER EDUCATION UPHELD ON... |
2004 |
| Rebecca A. Wiseman |
From Louisville to Liddell: Schools, Rhetorical Neutrality, and the Post-Racial Equal Protection Clause |
43 Judges' Journal 36 (Spring, 2004) |
Constitutional history makes great reading because it is replete with intrigue, power politics, and human drama. As dramatic evidence of this premise, consider these shocking facts excerpted from the powerful new book authored by Michael J. Klarman, From Jim Crow to Civil Rights: The landmark 1896 Supreme Court case Plessy v. Ferguson (announcing; Search Snippet: ...TO CIVIL RIGHTS: THE SUPREME COURT AND THE STRUGGLE FOR RACIAL EQUALITY, BY MICHAEL J. KLARMAN, OXFORD UNIVERSITY PRESS, NEW YORK... |
2004 |
| Erin Scanga |
Global Markets, Racial Spaces and the Role of Critical Race Theory in the Struggle for Community Control of Investments: an Institutional Class Analysis |
14 Seton Hall Journal of Sports and Entertainment Law 481 (2004) |
Racism, both conscious and unconscious, continues to interfere with merit-based hiring practices throughout the United States. Discriminatory hiring practices in the National Football League (NFL) can be seen as a microcosm of society. This Comment will focus on the existing hiring practices in the NFL to demonstrate that a system of; Search Snippet: ...of Sports and Entertainment Law 2004 GLASS CEILING EMPLOYMENT AND RACIAL DISCRIMINATION IN HIRING FOR HEAD COACHING POSITIONS IN THE NATIONAL... |
2004 |
| Lino A. Graglia |
Grutter or Otherwise: Racial Preferences and Higher Education |
78 Tulane Law Review 2037 (June, 2004) |
The purpose of race preferences in admission to institutions of higher education is not, as Grutter purports to believe, educational diversity, but simply to increase black enrollment. Because of the large black/white (and Asian) academic achievement gap this cannot be done if black applicants are made to compete with white and Asians, as the... |
2004 |
| Larry Alexander , Maimon Schwarzschild |
Guess Who's Not Coming to Dinner!! |
21 Constitutional Commentary Comment. 3 (Spring 2004) |
The Supreme Court decisions on affirmative action have arrived. They are dubious as constitutional law, bringing to mind what John Hart Ely said of Roe v. Wade: it is not constitutional law and gives almost no sense of an obligation to try to be. Yet because the cases were about whether affirmative action is permissible, not whether it is... |
2004 |
| Martha Neil |
House to House: Mergers, Annexations & the Racial Implications of City-county Politics in St. Louis |
3 ABA Journal E-Report E-Report 2 (July 23, 2004) |
An employee's shooting rampage last summer at a major U.S. defense contractor's Mississippi plant wasn't all that unexpected, co-workers allege. The gunman had repeatedly threatened to kill black co-workers. So survivors saw the July 8, 2003, attack, in which six employees were murdered and another eight were injured, as the culmination of his; Search Snippet: ...SUIT CLAIMS Plaintiffs Say Lockheed Did Not Protect Workers From Racist Rage Martha Neil Copyright © 2004 American Bar Association; Martha Neil... |
2004 |
| Jonathan Kahn, J.D., Ph.D. |
How Antidiscrimination Law Learned to Live with Racial Inequality |
4 Yale Journal of Health Policy, Law & Ethics Ethics 1 (Winter 2004) |
A drug called BiDil is poised to become the first pharmaceutical ever approved by the U.S. Food and Drug Administration (FDA) to treat heart failure specifically in African Americans--and only African Americans. On March 8, 2001, NitroMed, then a privately held biotech firm in Massachusetts, issued a press release triumphantly announcing the; Search Snippet: ...A DRUG BECOMES ETHNIC: LAW, COMMERCE, AND THE PRODUCTION OF RACIAL CATEGORIES IN MEDICINE Jonathan Kahn , J.D., Ph.D. [FNa1] Copyright ©... |
2004 |
| Katherine Culliton |
How Racial Profiling in America Became the Law of the Land: United States V. Brignoni-ponce and Whren V. United States and the Need for Truly Rebellious Lawyering |
8 University of the District of Columbia Law Review 141 (Fall 2004) |
Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations. Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is; Search Snippet: ...Liberties in the Nation's Capital The Treatment of Immigrants: HOW RACIAL PROFILING AND OTHER UNNECESSARY POST-9/11 ANTI-IMMIGRANT MEASURES... |
2004 |
| Jerome R. Watson, Richard W. Warren |
I Heard it Through the Grapevine: Evidentiary Challenges in Racially Hostile Work Environment Litigation |
19 Labor Lawyer 381 (Winter/Spring, 2004) |
For both plaintiff and defense counsel, handling racial harassment matters, particularly multiple-plaintiff cases, presents a host of challenges. In order to meet the severe or pervasive harassment standard, plaintiff's counsel must investigate, present, and protect from evidentiary challenge a varied array of potential evidence including nooses,; Search Snippet: ...2004 I HEARD IT THROUGH THE GRAPEVINE: EVIDENTIARY CHALLENGES IN RACIALLY HOSTILE WORK ENVIRONMENT LITIGATION Jerome R. Watson Richard W. Warren... |
2004 |
| Theodore Eisenberg , Sheri Lynn Johnson |
Implicit Racial Bias and Public Defenders |
53 DePaul Law Review 1539 (Summer 2004) |
Defense attorneys commonly suspect that the defendant's race plays a role in prosecutors' decisions to seek the death penalty, especially when the victim of the crime was white. When the defendant is convicted of the crime and sentenced to death, it is equally common for such attorneys to question the racial attitudes of the jury. These suspicions; Search Snippet: ...Law Review Summer 2004 Symposium: Race to Execution Articles IMPLICIT RACIAL ATTITUDES OF DEATH PENALTY LAWYERS Theodore Eisenberg [FNa1] Sheri Lynn... |
2004 |
| John K. Son |
Indian Title: Unraveling the Racial Context of Property Rights, or How to Stop Engaging in Conquest |
37 Loyola of Los Angeles Law Review 1317 (Spring 2004) |
In Clifford v. Chandler, the Sixth Circuit recently held that the admission of a witness's racial voice identification testimony--that a drug dealer sounded like a Black male--did not violate the Due Process clause of the Fourteenth Amendment. In so holding, the court relied on cases from other jurisdictions admitting similar testimony, but applied; Search Snippet: ...Los Angeles Law Review Spring 2004 Notes & Comment IN-COURT RACIAL VOICE IDENTIFICATIONS: THEY DON'T ALL SOUND THE SAME John K... |
2004 |
| Kevin R. Johnson |
Integration for Subsidized Housing and the Question of Racial Occupancy Controls |
54 Journal of Legal Education 242 (June, 2004) |
Although I fear that the average law student might disagree, civil procedure is not simply a boring set of technical rules governing the litigation process. True, it can be taught that way, but any proceduralist knows that civil procedure can be much more. Indeed, it touches on some of the nation's most pressing social justice issues, ranging from; Search Snippet: ...EDUCATION Journal of Legal Education June, 2004 On Teaching INTEGRATING RACIAL JUSTICE INTO THE CIVIL PROCEDURE SURVEY COURSE Kevin R. Johnson... |
2004 |
| |
Intimacy and Racial Equality: the Limits of Antidiscrimination InterRacial Intimacies: Sex, Marriage, Identity, and Adoption. By Randall Kennedy. New York: Random House, 2002. Pp. 676. ($30.00) |
9 Georgetown Public Policy Review 45 (Spring, 2004) |
Please share with our readers some information about your background as well as any outstanding experiences in your youth that affected who you are today. I came to this country, from Vietnam, having known government that does not work, either through the chaos of war or the totalitarian oppression of communism. I look to America as the place that; Search Snippet: ...developed initiatives to reduce demand for illicit drugs and eliminate racial profiling in federal law enforcement, among others. After 9/11... |
2004 |
| Joseph P. Tomain |
Introduction: Choosing Sides in the Racial Critiques Debate |
72 University of Cincinnati Law Review 873 (Spring, 2004) |
I want to thank Professor Julian Wuerth of the University of Cincinnati Philosophy Department, and also the University of Cincinnati Law Review, for organizing this important symposium. It is not often that the College of Law hosts the world's foremost legal philosopher, as well as litigants on both sides of what has already proven to be one of the; Search Snippet: ...In both decisions, the Court resoundingly endorsed the use of racial differences in university admission policies. It did so, however, while... |
2004 |
| Charles Delafuente |
Jury Source Lists and the Community's Need to Achieve Racial Balance on the Jury |
3 ABA Journal E-Report E-Report 4 (January 16, 2004) |
The judge says his was an effort to prevent racial bias from tainting jury verdicts. But telling sworn potential jurors they could give an excuse to get out of jury duty rather than announce their own prejudices was too much for a state judicial discipline committee. The unusual charges involve Joseph W. O'Flaherty, superior court judge in Placer... |
2004 |
| Chet KW Pager, M.D., M.A. |
Life after Lawrence V. Texas: an Examination of the Decision's Impact on a Homosexual Parent's Right to Custody of His/her Own Children in Virginia |
13-SUM Kansas Journal of Law & Public Policy 515 (Summer, 2004) |
On July 25, 1984, Andrew Sokolow was stopped and searched by Drug Enforcement Administration (DEA) agents upon his arrival at Honolulu International Airport. Sokolow was stopped because (1) he paid in cash for his tickets, totaling $2,100, from a large roll of $20 bills; (2) he traveled under a name that did not match the name under which his; Search Snippet: ...Law & Public Policy Summer, 2004 LIES, DAMNED LIES, STATISTICS AND RACIAL PROFILING Chet KW Pager , M.D., M.A. [FNa1] Copyright © 2004 by... |
2004 |
| Jennifer Ellis Lattimore |
Lines in the Sand |
15 George Mason University Civil Rights Law Journal 105 (Winter 2004) |
The 2000 United States Census identified more than 600,000 households containing same-sex partners living in 99.3% of the counties in America. Almost 14,000 of these households are in the Commonwealth of Virginia, which has experienced a 350% increase in same-sex households between 1990 and 2000. These households often consist of families who,; Search Snippet: ...The United States Supreme Court's holding in the context of racial prejudices. Palmore v. Sidoti, 466 U.S. 629 (1984) . Brief... |
2004 |
| |
Meritocratic Values and Racial Outcomes: Defending Class-based College Admissions |
40-JAN Trial 78 (January, 2004) |
A store owner's use of racial epithets constitutes a denial of public accommodation, a New Jersey appeals court ruled in October. (Turner v. Wong, 832 A.2d 340 (N.J. Super. Ct. App. Div. 2003).) In a case of first impression, the court affirmed the dismissal of two claims arising out of a racially charged verbal exchange, but it reinstated a; Search Snippet: ...2004 WL 104087 TRIAL Trial January, 2004 News & Trend MERCHANT'S RACIAL SLURS VIOLATED CUSTOMER'S CIVIL RIGHTS, N.J. COURT SAYS Copyright © 2004... |
2004 |
| Alan Raphael |
Milliken, "Neutral Principles," and Post-Racial Determinism |
2003-04 Preview of United States Supreme Court Cases 141 (November 29, 2004) |
In 1986, a Dallas County, Texas, jury convicted Thomas Joe Miller-El of murder and sentenced him to death. Miller-El claims that the prosecutors in his case exercised racial discrimination in the selection of his jury, but all state and federal courts to date have rejected his claim. Last year, the United States Supreme Court ordered the Court of; Search Snippet: ...in Affirming the District Court's Denial of a Claim of Racial Discrimination in Jury Selection? by Alan Raphael a Copyright 2004 by... |
2004 |
| Thomas J. Davis |
Moving the Needle: Two Promising Tools to Attack Arkansas's Racial Disparity in Criminal Sentencing |
10 Washington and Lee Race and Ethnic Ancestry Law Journal 1 (Spring, 2004) |
The U.S. Supreme Court's 1896 decision in Plessy v. Ferguson has long stood as an ignominious marker in U.S. law, symbolizing the nation's highest legal sanction for the physical separation by race of persons in the United States. In ruling against thirty-four-year-old New Orleans shoemaker Homer Adolph Plessy's challenge to Louisiana's Separate... |
2004 |
| Maurice R. Dyson |
MultiRacial Malaise: MultiRacial as a Legal Racial Category |
9 Michigan Journal of Race and Law 387 (Spring 2004) |
INTRODUCTION. 387 I. Twenty-Five Years Left of Race Consciousness?. 390 II. The Racial Privacy Initiative. 391 III. Multiracial Classification and Racial Hierarchy. 399 IV. Racial Identity Formation and the Mixed-Raced Paradigm. 405 VI. Multiracial Identity: The Dilemma of Classification and Racial Resistance. 412 A. The Dilemma of Classification; Search Snippet: ...Race and Law Spring 2004 Article MULTIRACIAL IDENTITY, MONORACIAL AUTHENTICITY & RACIAL PRIVACY: TOWARDS AN ADEQUATE THEORY OF MULTIRACIAL RESISTANCE [FNd1] Maurice... |
2004 |
| David A. Harris |
New York State Court System Commissions Independent Review of Racial Issues |
2004 Utah Law Review 913 (2004) |
The terrorist attack on the United States on September 11, 2001, dramatically shifted the public dialogue across a whole range of issues. Gone were discussions of reform of the education system, further tax cuts, or a change in relations with Mexico vis-à-vis immigration issues. All of these issues were replaced by an almost unidirectional focus on... |
2004 |
| Sara Hoffman Jurand |
No African-american Lawyers Allowed: the Inefficient Racism of the Aba's Accreditation of Law Schools |
40-AUG Trial 78 (August, 2004) |
A minority-owned company has the same right as a person to bring a discrimination claim under §1981, the Ninth Circuit has ruled. When a corporation has acquired a racial identity, either as a matter of law or by imputation, then it can be the direct target of discrimination and has standing to pursue a claim under §1981, Judge Sidney Thomas; Search Snippet: ...News and Trend NINTH CIRCUIT LETS MINORITY COMPANY SUE FOR RACIAL DISCRIMINATION Sara Hoffman Jurand Copyright © 2004 by Association of Trial... |
2004 |
| Mark C. Rahdert |
Offer, Acceptance, and Improper Considerations: a Common-law Model for the Prohibition of Racial Discrimination in the Contracting Process |
13 Temple Political & Civil Rights Law Review 785 (Spring 2004) |
I often show the documentary film The Road to Brown to my constitutional law students. It is an outstanding example of its genre and compellingly chronicles one of the great events of American legal history--the story of Charles Houston, Thurgood Marshall, and the NAACP Legal Defense Fund's long and ultimately successful quest to challenge the; Search Snippet: ...ROAD FROM BROWN: MILLIKEN V. BRADLEY AND THE QUEST FOR RACIAL DIVERSITY IN EDUCATION Mark C. Rahdert [FNa1] Copyright (c) 2004... |
2004 |
| Rhonda M. Reaves |
One Path for "Post-Racial" Employment Discrimination Cases--the Implicit Association Test Research as Social Framework Evidence |
38 University of Richmond Law Review 839 (May, 2004) |
I. Introduction. 841 II. The Role of Analogy in Anti-Discrimination Law. 845 A. Use of Analogies Lends Moral Force in Support of Extending the Law to New Groups. 846 B. Failure To Acknowledge Difference Can Undermine the Moral Force of Analogy. 847 C. The Experiences of Older Workers and Workers of Color Are Disanalogous in Certain Respects. 848 1; Search Snippet: ...THESE THINGS IS NOT LIKE THE OTHER: ANALOGIZING AGEISM TO RACISM IN EMPLOYMENT DISCRIMINATION CASES Rhonda M. Reaves [FNa1] Copyright ©... |
2004 |
| Kevin Noble Maillard |
Parents Involved in Community Schools V. Seattle School District No. 1: Voluntary Racial Integration in Public Schools |
28 American Indian Law Review 107 (2003/2004) |
The question Who is Indian? marks a standard subject of academic inquiry, but to ask who decides and how is much more interesting. In Indian country, state and tribal standards for determining Indian may belie personal and private definitions of identity. While I believe that identity should be self-defined, the unavoidable truth persists... |
2004 |
| Theresa A. Martinez |
Perceptual Prisms and Racial Realism: the Good News about a Bad Situation |
2004 Utah Law Review 945 (2004) |
I would like to quote a participant in a public hearing held at the University of Utah by the Utah Task Force on Racial and Ethnic Fairness in the Legal System. The task force was entrusted with compiling data on the issue of unequal treatment of people of color in the Utah legal system; the participant was an African American male. The transcript; Search Snippet: ...REVIEW Utah Law Review 2004 Racial Profiling Symposium PERCEPTIONS OF RACIAL PROFILING: RAP MUSIC, UTAH, AND POLICE IN AMERICAN CULTURE Theresa... |
2004 |
| Mattie Johnstone , Joshua M. Zachariah |
Peremptory Challenges in Civil Cases-does Edmonson Alleviate Racial Discrimination in the Jury Selection Process? |
17 Georgetown Journal of Legal Ethics 863 (Summer, 2004) |
The persistence of racial bias in our legal system is a profound impediment to the administration of justice because it denies equal justice. Denying particular types of citizens the duty and privilege of participating in our judicial process through jury service on the basis of race has been one of the most visible manifestations of this bias. As... |
2004 |
| Camille Gear Rich |
Performing Whiteness: Naturalization Litigation and the Construction of Racial Identity in America |
79 New York University Law Review 1134 (October, 2004) |
Courts interpreting Title VII have long treated race and ethnicity as biological, morphological concepts and discrimination as a reaction to a set of biologically fixed traits. Meanwhile, they have rejected claims concerning discrimination based on voluntarily chosen physical traits or performed behaviors and that communicate racial or ethnic; Search Snippet: ...REVIEW New York University Law Review October, 2004 Articles PERFORMING RACIAL AND ETHNIC IDENTITY: DISCRIMINATION BY PROXY AND THE FUTURE OF... |
2004 |
| Mark C. Fava |
Post-intent Racism: a New Framework for an Old Problem |
15-JAN South Carolina Lawyer 34 (January, 2004) |
The tragic events of September 11, 2001, dramatically changed many aspects of our lives. No aspect has been more drastically impacted than air travel. Since September 11, courts have been faced with litigation as a result of the terrorists' attacks, allegations of air carrier racial discrimination and actions involving unruly passengers. This... |
2004 |
| Dick Broom |
Prejudice Against Being Prejudiced: Racist Speech and the Specter of Seditious Libel in Brazil |
19 Maine Bar Journal 102 (Spring, 2004) |
In a democracy, public policy is supposed to reflect public opinion or, at the very least, to take it into account. But what if public opinion is based on attitudes that run counter to the notion that all people are created equal? What if, on some issues, public opinion is shaped by racial prejudice? For nearly twenty years, two University of Maine; Search Snippet: ...FNa1] Two University of Maine Sociologists Study the Link Between Racial Perceptions and Attitudes Toward Criminal Justice Dick Broom [FNa2] Copyright... |
2004 |
| Lu-in Wang |
Race as Resistance: Racial Identity as More than Ancestral Heritage |
53 DePaul Law Review 1013 (Spring 2004) |
In our society, race can act as a proxy for a long list of characteristics, qualities, and statuses. For people of color, the most powerful of these associations have too often been negative, and have carried with them correspondingly negative consequences. We often link color with undesirable personal qualities such as laziness, incompetence, and; Search Snippet: ...in Race and the Law Articles RACE AS PROXY: SITUATIONAL RACISM AND SELF-FULFILLING STEREOTYPES Lu-in Wang [FNa1] Copyright ©... |
2004 |
| Marjorie H. O'Reilly |
Race, Law, and the Free Market: a Critical Law and Economics Conception of Racism as Asymmetrical Market Failure |
27-FALL Family Advocate 37 (Fall, 2004) |
Mediation has become a viable and sometimes preferred alternative to litigation in resolving family conflicts. It offers many families a greater degree of control over what happens to them than generally is available in court. For example, culturally appropriate child-rearing practices that are unknown and, therefore, not considered by a judge may; Search Snippet: ...the informality of the setting create an environment in which racism and cultural insensitivity may enter unchecked? Marjorie H. O'Reilly [FNa1... |
2004 |
| Jeremiah Wagner |
Racial (Re)construction: the Case of the South African Truth and Reconciliation Commission |
22 Law & Inequality: A Journal of Theory and Practice 73 (Winter 2004) |
Prior to 1954, Black students were not permitted to attend Central High School in Little Rock, Arkansas. But, in 1954, the Supreme Court decided Brown v. The Board of Education I (Brown I) and declared that schools could no longer deny admittance on the basis of race. A year later, the Supreme Court decided Brown v. The Board of Education II (Brown; Search Snippet: ...Inequality: A Journal of Theory and Practice Winter 2004 Article RACIAL (DE)PROFILING: MODELING A REMEDY FOR RACIAL PROFILING AFTER THE SCHOOL DESEGREGATION CASES Jeremiah Wagner [FNa1] Copyright... |
2004 |
| David A. Skeel, Jr. |
Racial Dimensions of Property Value Protection under the Fair Housing Act |
61 Washington and Lee Law Review 1695 (Fall, 2004) |
C1-4Table of Contents I. L2-3,T3Introduction 1695. II. L2-3,T3The Mystery of the Missing Bankruptcy Practice: Credit and Race in the Middle Decades 1698. A. A Brief Overview of a Prominent Black Philadelphia Law Firm. 1699 B. Explaining the Absence of Bankruptcy. 1700 III. L2-3,T3Credit Cards, Bankruptcy, and Consumer Protection in the 1970s 1706; Search Snippet: ...Review Fall, 2004 Symposium Critical Race Theory: The Next Frontier RACIAL DIMENSIONS OF CREDIT AND BANKRUPTCY David A. Skeel, Jr. [FNa1... |
2004 |
| Robert M. Crea |
Racial Discrimination and Exclusionary Zoning: a Perspective on Arlington Heights |
30 Journal of Legislation 289 (2004) |
Baker v. Carr and the reapportionment cases that followed reshaped representative government at the state level through the principle of one voter, one vote. Some scholars have declared that Baker, the seminal case on reapportionment, has nothing to do with racial discrimination. The case, they argue, regards only the representative imbalance; Search Snippet: ...WL 2166114 JOURNAL OF LEGISLATION Journal of Legislation 2004 Note RACIAL DISCRIMINATION AND BAKER v. CARR Robert M. Crea [FNa1] Copyright... |
2004 |
| Nancy Kenyon |
Racial Discrimination in Employment |
31-SPG Human Rights 18 (Spring, 2004) |
Arecent study of residential care facilities (RCFs) indicates that 60 percent of elderly people of color experience discrimination in seeking placements. Conducted by Fair Housing of Marin, in areas of both Marin and Sonoma counties, the results showed clear evidence of differential treatment that favored Caucasian applicants. RCFs, sometimes; Search Snippet: ...18 2004 WL 945193 HUMAN RIGHTS Human Rights Spring, 2004 RACIAL DISCRIMINATION IN ELDER CARE FACILITIES Nancy Kenyon [FNa1] Copyright © 2004... |
2004 |
| Gloria Valencia-Weber |
Racial Equality: Progressives' Passion for the Unattainable |
80 Notre Dame Law Review 333 (November, 2004) |
Prologue. 334 Introduction: American Indian Sovereigns Are More Than Race Only. 334 I. The Colonial Male Model of Equality. 338 II. American Indians, the Political Collective, and Individuals. 341 A. Contemporary Tribal Sovereigns. 341 B. Indians as Individuals: The Non-Citizen Other in the Constitution. 347 III. Constitutional and Indigenous; Search Snippet: ...Review November, 2004 Symposium Racial Justice in the New Millennium RACIAL EQUALITY: OLD AND NEW STRAINS AND AMERICAN INDIANS Gloria Valencia... |
2004 |