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