| Author | Title | Citation | Summary | Year |
| 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 |
| Sarah B. Bowman, Matthew J. Burnett, Ford Clary, Kimberly C. Cushing |
Racial Integration as a Compelling Interest |
3 Seattle Journal for Social Justice 143 (Fall/Winter, 2004) |
Seattle University School of Law is proud of its accomplishments in making the faculty, student body, and the administrative staff more diverse. Consistent with its Jesuit, Catholic mission, the School has sought to provide opportunities for access to the legal profession by qualified individuals who are members of groups that are underrepresented; Search Snippet: ...2004 From Brown to Grutter: Racial Integration and the Law RACIAL INTEGRATION AND THE LEGACY OF BROWN AT SEATTLE UNIVERSITY SCHOOL... |
2004 |
| Elizabeth S. Anderson |
Racial Integration in Urban Public Housing: the Method Is Legal, the Time Has Come |
21 Constitutional Commentary 15 (Spring 2004) |
The premise of this symposium is that the principle and ideal developed in Brown v. Board of Education and its successor cases lie at the heart of the rationale for affirmative action in higher education. The principle of the school desegregation cases is that racial segregation is an injustice that demands remediation. The ideal of the school... |
2004 |
| Leonard M. Baynes |
Racial Justice: Moral or Political? |
80 Notre Dame Law Review 243 (November, 2004) |
From June 13-15, 2004, the Association of American Law Schools (AALS) held a midyear workshop on Racial Justice in the New Millennium. This workshop commemorated the fiftieth anniversary of Brown v. Board of Education and the first anniversary of Grutter v. Bollinger. At the workshop, scholars came together to assess and evaluate racial equality; Search Snippet: ...Review November, 2004 Symposium Racial Justice in the New Millennium RACIAL JUSTICE IN THE NEW MILLENNIUM; FROM BROWN TO GRUTTER: METHODS TO ACHIEVE NON-DISCRIMINATION AND COMPARABLE RACIAL EQUALITY Introduction Leonard M. Baynes [FNa1] Copyright (c) 2004 University... |
2004 |
| Kendall Thomas |
Racial Libel as American Ritual |
17 National Black Law Journal 222 (2003-2004) |
In the present century, black people are believed to be totally different from whites in race and origin, yet totally equal to them with regard to human rights. In the sixteenth century, when blacks were thought to come from the same roots and to be of the same family as whites, it was held . . . that with regards to rights blacks were by nature; Search Snippet: ...BLACK LAW JOURNAL National Black Law Journal 2003-2004 Articles RACIAL JUSTICE: MORAL OR POLITICAL? [FNa1] Kendall Thomas Copyright (c) 2004... |
2004 |
| Kevin R. Johnson |
Racial Profiling and a Punitive Exclusionary Rule |
50 Loyola Law Review 67 (Spring 2004) |
Before September 11, 2001, a grim turning point in the history of the United States, the highest levels of government had condemned racial profiling by law enforcement. The nation had increasingly embraced the idea that impermissible reliance on race by police in traffic stops and other law enforcement activities was a serious problem, in addition; Search Snippet: ...Review Spring 2004 Symposium on Immigration Law and Terrorism Articles RACIAL PROFILING AFTER SEPTEMBER 11: THE DEPARTMENT OF JUSTICE'S 2003 GUIDELINES... |
2004 |
| R. Richard Banks |
Racial Profiling and International Human Rights Law: Illegal Discrimination in the United States |
89 Cornell Law Review 1201 (July, 2004) |
Introduction. 1201 I. The Suspect Description Boundary of Racial Profiling. 1203 A. The Permissibility of Suspect Description Reliance. 1203 B. Suspect Description/Profile Dissimilarity. 1205 II. The Selection of Terrorism Suspects. 1207 A. Pervasive Suspect Description Reliance. 1208 B. Suspect Descriptions Derived from Profiles. 1211 C; Search Snippet: ...1695995 CORNELL LAW REVIEW Cornell Law Review July, 2004 Essay RACIAL PROFILING AND ANTITERRORISM EFFORTS R. Richard Banks [FNd1] Copyright ©... |
2004 |
| Floyd D. Weatherspoon |
Racial Profiling Redux |
38 John Marshall Law Review 439 (Winter 2004) |
Every African-American male in this country who drives a vehicle, or has traveled by bus or plane, either knowingly or unknowingly has been the victim of racial profiling by law enforcement officials. Indeed, African-American males are disproportionately targeted, stopped, and searched by law enforcement officials based on race and gender. Those; Search Snippet: ...REVIEW John Marshall Law Review Winter 2004 December 2004 Article RACIAL PROFILING OF AFRICAN-AMERICAN MALES: STOPPED, SEARCHED, AND STRIPPED OF... |
2004 |
| Jason Sheffield |
Racial Profiling: 'Driving While Mexican' and Affirmative Action |
21 Georgia State University Law Review 210 (Fall, 2004) |
Bill Number: HB 1327 Summary: In 2004, the Georgia General Assembly considered a bill to amend the portion of the Georgia Code dealing with motor vehicles and traffic. HB 1327 would have prohibited the use of race or ethnicity in forming probable cause or reasonable suspicion to stop a vehicle and would have mandated data collection for all traffic; Search Snippet: ...State University Law Review Fall, 2004 Motor Vehicle and Traffic RACIAL PROFILING: AMEND THE OFFICIAL CODE OF GEORGIA SO AS TO... |
2004 |
| |
Racial Segregation in American Churches and its Implications for School Vouchers |
40 Criminal Law Bulletin ART 2 (2004) |
Professor, School of Criminal Justice, University at Albany. Professor, School of Criminal Justice, University at Albany. The authors thank Professor James Robertson for his thoughtful suggestions regarding this Article; Search Snippet: ...Bulletin Volume 40, Issue 5 Fall 2004 Criminal Law Bulletin Racial Segregation as a Prison Initiation Experience Hans Toch and James... |
2004 |
| Rhonda V. Magee Andrews |
Racial Templates |
13 Temple Political & Civil Rights Law Review 891 (Spring 2004) |
Liberation is thus a childbirth, and a painful one. Paulo Freire Brazilian philosopher of education On the occasion of my elevation to the status of tenured Professor, the Dean of my law school was kind enough to send flowers. When they arrived at my home in an over-priced and almost exclusively white neighborhood, I opened the door to a tall,; Search Snippet: ...Exploring the History, Evolution, And Future of the Fourteenth Amendment RACIAL SUFFERING AS HUMAN SUFFERING: AN EXISTENTIALLY-GROUNDED HUMANITY CONSCIOUSNESS AS... |
2004 |
| Benjamin Kohler |
Racial Vote Dilution and Separation of Powers: an Exploration of the Conflict Between the Judicial 'Intent' and the Legislative 'Results' Standards |
77 Temple Law Review 757 (Fall 2004) |
The quality of a particular voice is sensed by hearing, just as the appearance of a person is sensed by sight. It is simply not possible to perceive appearance using the sense of hearing. One might presume that a particular voice or accent would be indicative of how the speaker might look. However, that presumption would be based solely on... |
2004 |
| George H. Taylor |
Racism as a Strategic Tool at Trial: Appealing Race-based Prosecutorial Misconduct |
9 Michigan Journal of Race and Law 269 (Spring 2004) |
INTRODUCTION. 269 I. The Problem: Racism's Permanence. 272 A. Bell's Thesis. 272 B. The Evidence. 275 II. The Possibilities of Action. 282 A. The Virtues of Necessity. 282 B. Action as Protest. 284 C. Action as Racial Realism. 285 D. Action as Writing. 287 E. Action: Not By Morality Alone. 290 III. Niebuhr's Theology. 291 A. A Political Theology; Search Snippet: ...LAW Michigan Journal of Race and Law Spring 2004 Article RACISM AS THE NATION'S CRUCIAL SIN [FNd1] : THEOLOGY AND DERRICK BELL... |
2004 |
| Winston P. Nagan, Author , Vivile F. Rodin, Co-Author |
Racism, Juries, and Justice: Addressing Post-verdict Juror Testimony of Racial Prejudice During Deliberations |
17 National Black Law Journal 133 (2003-2004) |
So you see, love for a job well done is a deeply ambiguous virtue. It animated Michelangelo . . . Rudolph Hess, the Auschwitz commander, boasted of the same virtue. --Primo Levi The problems of racial prejudice, anti-Semitism, apartheid, and genocide are outcomes of a global perspective of socially based group deprivations. As forms of group; Search Snippet: ...BLACK LAW JOURNAL National Black Law Journal 2003-2004 Articles RACISM, GENOCIDE, AND MASS MURDER: TOWARD A LEGAL THEORY ABOUT GROUP... |
2004 |