| Author | Title | Citation | Summary | Year |
| Vivian Grosswald Curran |
Racist |
28 Vermont Law Review 683 (Spring, 2004) |
This Article addresses what may be called the problem of law's association with evil by arguing a point Ernst Cassirer made in The Myth of the State: The self-preservation of the state cannot be secured by its material prosperity nor can it be guaranteed by the maintenance of certain constitutional laws. Written constitutions or legal charters have... |
2004 |
| Chris Chambers Goodman |
Redeeming Whiteness in the Shadow of Internment: Earl Warren, Brown, and a Theory of Racial Redemption |
88 Marquette Law Review 299 (Fall 2004) |
Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument... |
2004 |
| Bernard E. Harcourt |
Rethinking Shaw V. Reno, the Supreme Court's Benign Race-related Jurisprudence and Louisiana's Recent Reapportionment: the Argument for Intermediate Scrutiny in Racial Gerrymandering According to the Voting Rights Act |
71 University of Chicago Law Review 1275 (Fall 2004) |
New reporting requirements and data collection efforts by over four hundred law enforcement agencies across the country--including entire states such as Maryland, Missouri, and Washington --are producing a continuous flow of new evidence on highway police searches. For the most part, the data consistently show disproportionate searches of; Search Snippet: ...REVIEW University of Chicago Law Review Fall 2004 Article RETHINKING RACIAL PROFILING: A CRITIQUE OF THE ECONOMICS, CIVIL LIBERTIES, AND CONSTITUTIONAL... |
2004 |
| Abigail Thernstrom , Stephan Thernstrom |
Section 5 of the Voting Rights Act and its Place in "Post-Racial" America |
21 Constitutional Commentary 251 (Spring 2004) |
One should never count on the U.S. Supreme Court to think and write clearly-- or even to tell the whole truth and nothing but. Its most famous decisions involving racial equality in the last half century, starting with Brown v. Board of Education, are, to put it delicately, a mess. Brown barely qualified as constitutional reasoning, although the; Search Snippet: ...and Defining Racial Equality SECRECY AND DISHONESTY: THE SUPREME COURT, RACIAL PREFERENCES, AND HIGHER EDUCATION Abigail Thernstrom [FNa1] Stephan Thernstrom [FNaa1... |
2004 |
| Daniel M. Filler |
Silencing Race & the First Amendment: the Suppression of Student Expression & Curricular Coverage of Racial Identity & Ethnic Solidarity in K-12 Education |
89 Iowa Law Review 1535 (May, 2004) |
I. Introduction. 1537 II. White Narratives and the History of Community Notification. 1541 III. The Disparate Racial Effects of Community Notification. 1549 A. Statistical Disparities. 1549 B. Replication of Historical Racial Discrimination. 1558 1. Racism in U.S. Trial Procedures. 1558 2. Racism in Plea Bargaining. 1559 3. Racism in Juvenile; Search Snippet: ...REVIEW Iowa Law Review May, 2004 Article SILENCE AND THE RACIAL DIMENSION OF MEGAN'S LAW Daniel M. Filler [FNd1] Copyright ©... |
2004 |
| Dale Minami , Karen Narasaki , Heba Nimr , Joannie Chang , Phil Ting |
Sixty Years after the Internment: Civil Rights, Identity Politics, and Racial Profiling: |
11 Asian Law Journal 151 (May, 2004) |
PHIL TING: My name is Phil Ting and I am the Executive Director of the Asian Law Caucus. I am going to be moderating this panel tonight. I am very honored and happy to have everybody here. I want to mention who the sponsors are for tonight. I want to thank the Asian Law Journal and the Berkeley Journal for Employment and Labor Law for helping us; Search Snippet: ...SIXTY YEARS AFTER THE INTERNMENT: CIVIL RIGHTS, IDENTITY POLITICS, AND RACIAL PROFILING Dale Minami [FNd1] Karen Narasaki [FNdd1] Heba Nimr [FNddd1... |
2004 |
| |
Skills Gaps, Not Tests, Make Racial Proportionality Impossible |
11 Asian Law Journal 145 (May, 2004) |
On April 17, 2003, the Asian Law Journal was pleased to host a panel discussion, co-sponsored by the Asian Law Caucus, a community legal services organization in San Francisco, and Third Thursdays, organizers of a monthly dinner series that educates the Asian American and Pacific Islander community about issues and service opportunities. The Asian; Search Snippet: ...SIXTY YEARS AFTER THE INTERNMENT: CIVIL RIGHTS, IDENTITY POLITICS, AND RACIAL PROFILING: Introduction from the Asian Law Journal [FNa1] Copyright ©... |
2004 |
| |
Spirit-murdering the Messenger: the Discourse of Fingerpointing as the Law's Response to Racism |
16 Washington University Journal of Law and Policy 43 (2004) |
MR. SHAW: Thank you and good morning. I want to thank Anwar for his remarks and also Dean Peter Wiedenbeck who's been a really gracious host. I've really enjoyed the interaction I've had with students and faculty as well as the opportunity to see this wonderful facility. This is a wonderful and a beautiful facility that you have here. I was caught; Search Snippet: ...M. SHAW: FROM BROWN TO GRUTTER: THE LEGAL STRUGGLE FOR RACIAL EQUALITY Copyright (c) 2004 Washington University MR. SHAW: Thank you... |
2004 |
| Joe R. Feagin , Bernice McNair Barnett |
Suing for Freedom: InterRacial Sex, Slave Law, and Racial Identity in the Post-revolutionary and Antebellum South |
2004 University of Illinois Law Review 1099 (2004) |
Despite the enactment of the Fourteenth Amendment in 1868, legal segregation nevertheless remained pervasive throughout the United States in the following nine decades due to various state statutes and federal and state court decisions. Nowhere was the existence of legal segregation more prevalent than in school systems throughout the United; Search Snippet: ...Board and Equal Educational Opportunity SUCCESS AND FAILURE: HOW SYSTEMIC RACISM TRUMPED THE BROWN V. BOARD OF EDUCATION DECISION [FNd1] Joe... |
2004 |
| Jason A. Gillmer |
Supreme Court Finds Standing for a White Criminal Defendant to Raise Equal Protection and Due Process Challenges Against Racial Discrimination in the Selection of Grand Jurors |
82 North Carolina Law Review 535 (January, 2004) |
In this Article, Professor Jason A. Gillmer looks at freedom suits and, in particular, the different ways the Southern socio-legal regime responded to slaves of mixed-race descent asserting their right to freedom in the courts. These cases are important ones, he argues, because they offer a valuable look into the complex history of race, sex,; Search Snippet: ...2004 Articles SUING FOR FREEDOM: INTERRACIAL SEX, SLAVE LAW, AND RACIAL IDENTITY IN THE POST-REVOLUTIONARY AND ANTEBELLUM SOUTH Jason A... |
2004 |
| Paul Brickner , Meghan Hanson |
The Anti-Racist |
26 Thomas Jefferson Law Review 203 (Spring 2004) |
For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met; Search Snippet: ...Jefferson Law Review Spring 2004 Lead Articles THE AMERICAN DREAMERS: RACIAL PREJUDICES AND DISCRIMINATION AS SEEN THROUGH THE HISTORY OF AMERICAN... |
2004 |
| William C. Kidder |
The Battle Ground of Experience |
29 Law and Social Inquiry 547 (Summer 2004) |
In this article, the author applies social closure theory to help explain why more than a dozen states have recently enacted more stringent bar exam passing standards and why others are considering similar changes. While higher standards are usually advocated as a way to protect the public from lower student quality, the author applies social; Search Snippet: ...DEFERRED: A CRITICAL ANALYSIS OF THE MBE, SOCIAL CLOSURE, AND RACIAL AND ETHNIC STRATIFICATION William C. Kidder [FNa1] Copyright (c) 2004... |
2004 |
| Linda S. Greene |
The Constitution and Racial Preference in Law School Admissions |
43 Washburn Law Journal 253 (Winter 2004) |
It is not surprising that significant attention focused on the outcomes of Gratz v. Bollinger and Grutter v. Bollinger. Significant race cases always attract tremendous attention. Jennifer Gratz and Barbara Grutter challenged the admissions policies of one of the most prestigious institutions of higher education, the University of Michigan. In the; Search Snippet: ...of Education Revisited: Fiftieth Anniversary Symposium Article THE CONSTITUTION AND RACIAL EQUALITY AFTER GRATZ AND GRUTTER Linda S. Greene [FNa1] Copyright... |
2004 |
| Kathleen Doane |
The Futile Quest for Racial Neutrality in Capital Selection and the Eighth Amendment Argument for Abolition Based on Unconscious Racial Discrimination |
51-SEP Federal Lawyer 14 (September, 2004) |
As Chip Harrod grasped the bar and stepped up into the old Montgomery, Ala., city bus, he thought about Rosa Parks and how her single act of defiance had changed a nation. He had long admired the courage of the 42-year-old woman who had boarded a similar bus after work on Dec. 1, 1955, and taken a seat near the front rather than walk to the back; Search Snippet: ...wants to transform you into a frontline fighter for freedom, racial equality, and social justice. Can a museum really do that... |
2004 |
| Scott W. Howe |
The Future Is Now: Legal and Policy Options for Racially Integrated Education |
45 William and Mary Law Review 2083 (April, 2004) |
C1-4Table of Contents L1-3,T3Introduction 2085 I. L2-3,T3Characteristics of Post-Furman Capital Selection That Promote the Influence of Racial Bias 2095. A. Broad Applicability of Death Penalty. 2096 B. Decentralized Decision Makers. 2099 C. Prosecutorial Discretion. 2101 D. Sentencer Discretion. 2103 II. L2-3,T3Statistical Evidence of Racial; Search Snippet: ...Mary Law Review April, 2004 Article THE FUTILE QUEST FOR RACIAL NEUTRALITY IN CAPITAL SELECTION AND THE EIGHTH AMENDMENT ARGUMENT FOR ABOLITION BASED ON UNCONSCIOUS RACIAL DISCRIMINATION Scott W. Howe [FNa1] Copyright © 2004 by William and... |
2004 |
| Harry T. Edwards |
The Judicial Role in Attacking Racial Discrimination in Tax-exempt Private Schools |
102 Michigan Law Review 944 (March, 2004) |
Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other tangible factors may be equal, deprive the children of the minority group of equal educational; Search Snippet: ...BROWN V. BOARD OF EDUCATION TO GRUTTER V. BOLLINGER: FROM RACIAL ASSIMILATION TO DIVERSITY Harry T. Edwards [FNa1] Copyright (c) 2004... |
2004 |
| Erik Lillquist , Charles A. Sullivan |
The Legacy of American Apartheid and Environmental Racism |
39 Harvard Civil Rights-Civil Liberties Law Review 391 (Summer, 2004) |
Modern medicine has embraced the use of race. Race is routinely employed by medical researchers, clinicians, and community health officials. Moreover, medicine's use of race is not done in the shadows, but right before our eyes. Physicians note our race when treating us and medical researchers routinely publish results that classify subjects based; Search Snippet: ...Law Review Summer, 2004 Article THE LAW AND GENETICS OF RACIAL PROFILING IN MEDICINE Erik Lillquist [FNa1] Charles A. Sullivan [FNaa1... |
2004 |
| Lisbeth B. Schorr |
The Only Way: Roberts' Stand on the Prevention of Racial Discrimination |
88 Judicature 92 (September-October 2004) |
Over the half-century since the U.S. Supreme Court's ruling in Brown v. Board of Education, our nation has struggled to fulfill its commitment to racial equality. In Brown, the Court recognized the indispensable role that equal education opportunity would play in achieving that goal. Yet, not long after Brown, the country's courts and political; Search Snippet: ...THE O'CONNOR PROJECT: INTERVENING EARLY TO ELIMINATE THE NEED FOR RACIAL PREFERENCES IN HIGHER EDUCATION To achieve Justice O'Connor's objective, we... |
2004 |
| Michael K. Fridkin |
The Perpetuation of Residential Racial Segregation in America: Historical Discrimination, Modern Forms of Exclusion, and Inclusionary Remedies |
24 Northern Illinois University Law Review 509 (Summer 2004) |
C1-3Table of Contents Introduction. 509 I. Judicial Scrutiny of Non-Remedial Justifications for Race Conscious Government Programs. 511 A. THE ACCEPTANCE OF COMPELLING, NON-REMEDIAL GOALS. 511 1. Diversity as a Compelling Interest. 511 2. Operational Needs as a Compelling Interest. 515 B. THE NARROWLY TAILORED USE OF RACE FOR NON-REMEDIAL ENDS. 519; Search Snippet: ...Protection Jurisprudence Article THE PERMISSIBILITY OF NON-REMEDIAL JUSTIFICATIONS FOR RACIAL PREFERENCES IN PUBLIC CONTRACTING Michael K. Fridkin [FNa1] Copyright ©... |
2004 |
| Richard Delgado , Jean Stefancic |
The Racial Ecology of the Courtroom: an Experimental Study of Juror Response to the Race of Criminal Defendants |
47 Howard Law Journal 473 (Spring 2004) |
Legal interpretation takes place in a field of pain and death. But even that graphic statement by Robert Cover--perhaps the most famous ever written in a law review article--may understate. It is not merely that judges' dockets are full of murders, rapes, assaults, and other forms of gore that they are left to clean up because no one else will; Search Snippet: ...2004 Brown@50 Symposium Inaugural Charles Hamilton Houston Lecture THE RACIAL DOUBLE HELIX: WATSON, CRICK, AND BROWN V. BOARD OF EDUCATION... |
2004 |
| Kevin Brown |
The Racial Geography of the Federal Death Penalty |
78 Tulane Law Review 2061 (June, 2004) |
Justice O'Connor's opinion for the United States Supreme Court in Grutter v Bollinger upheld the University of Michigan Law School's affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative; Search Snippet: ...Grutter: Affirmative Action and Higher Education in the South THE RACIAL GAP IN ABILITY: FROM THE FIFTEENTH CENTURY TO GRUTTER AND... |
2004 |
| Michael Poulshock |
The Supremacy of Equal Rights': the Struggle Against Racial Discrimination in Antebellum Massachusetts and the Foundations of the Fourteenth Amendment |
14 Temple Political & Civil Rights Law Review 259 (Fall 2004) |
This article addresses the existence of white supremacy in the least likely of places: within the struggle for racial justice itself. The phenomenon is probably surprising only to people of European descent, including white liberals who consider themselves to be concerned about racial equality. People of color have been raising the issue of white... |
2004 |
| Rachel D. Godsil |
Vigilante Racism: the De-americanization of Immigrant America |
53 Emory Law Journal 1807 (Fall 2004) |
Introduction. 1809 I. Reprise of Property and Liability Rules. 1815 A. Current Methods Lead to Inaccurate Determinations of Value. 1818 B. Parties Rarely Bargain After Judgment. 1820 II. Race, Poverty, and Pollution in Action. 1822 A. Camden, New Jersey: From Suburb to Slum. 1822 B. Black, Brown, and Polluted: Segregated Communities in the; Search Snippet: ...BEHIND THE COLOR LINE: PROPERTY RULES, LIABILITY RULES, AND ENVIRONMENTAL RACISM Rachel D. Godsil [FNa1] Copyright (c) 2004 Emory Law Journal... |
2004 |
| Klint Alexander , Kern Alexander |
Vulnerability in Numbers: Racial Composition of the Electorate, Voter Suppression, and the Voting Rights Act |
2004 University of Illinois Law Review 1131 (2004) |
In Brown v. Board of Education the Supreme Court held that separate educational facilities for blacks and whites were inherently unequal. Since Brown, those seeking to avoid desegregation have found a powerful weapon in school vouchers, which enable parents to practice private discrimination with public dollars. The prevailing Supreme Court; Search Snippet: ...Educational Opportunity VOUCHERS AND THE PRIVATIZATION OF AMERICAN EDUCATION: JUSTIFYING RACIAL RESEGREGATION FROM BROWN TO ZELMAN Klint Alexander [FNa1] Kern Alexander... |
2004 |
| Robert D. Crutchfield |
Water Buffalo and Diversity: Naming Names and Reclaiming the Racial Discourse |
36 Columbia Human Rights Law Review 15 (Fall 2004) |
For more than twenty-five years, academic criminologists have engaged in a debate over whether there are substantial racial disparities in imprisonment in the United States, and, if so, the extent and nature of these disparities. For the most part, scholars have focused on how much disparity there is and have not really questioned the existence of; Search Snippet: ...Felony Disenfranchisement in America WARRANTED DISPARITY? QUESTIONING THE JUSTIFICATION OF RACIAL DISPARITY IN CRIMINAL JUSTICE PROCESSING Robert D. Crutchfield [FNa1] Copyright... |
2004 |
| Robert A. Stein |
World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Resolution amid Controversy |
90-JAN ABA Journal 63 (January, 2004) |
Improving the administration of justice throughout America is at the center of the mission of the American Bar Association. While nearly all ABA entities work to advance this objective in various ways, it is particularly reflected in the programs of the ABA Council on Racial and Ethnic Justice. The goal of the council, chaired this year by Charles; Search Snippet: ...Director's Report WORKING TO WIPE OUT BIAS The Council on Racial and Ethnic Justice Pursues its Mission Through Partnerships Robert A... |
2004 |
| Elsie Meeks , Frank Pommersheim |
A School Desegregation Post-mortem |
48 South Dakota Law Review 208 (2002-2003) |
In December 1999, the South Dakota State Advisory Committee to the United States Commission on Civil Rights held a fact-finding forum to review the administration of justice in the State judicial system as it applies to Native Americans. The Committee found that the American Indian community in the State believes that law enforcement and the courts; Search Snippet: ...A REVIEW OF SOUTH DAKOTA CRIMINAL JUSTICE: A STUDY OF RACIAL DISPARITIES BY RICHARD BRAUNSTEIN AND STEVE FEIMER Elsie Meeks [FN1... |
2003 |
| Lloyd Cohen |
A Thirteenth Amendment Challenge to Both Racial Disparities in Medical Treatments and Improper Physicians' Informed Consent Disclosures |
66 Albany Law Review 447 (2003) |
In the mid-1980s, the state of Virginia established the Thomas Jefferson High School for Science and Technology (hereinafter TJ) in the suburbs of Washington D.C. as a magnet secondary school for the mathematically gifted and inclined. Each year the school admits slightly more than four-hundred freshmen from the three thousand who apply out of the; Search Snippet: ...Involving Diversity Panel III: Affirmative Action A STUDY OF INVIDIOUS RACIAL DISCRIMINATION IN ADMISSIONS AT THOMAS JEFFERSON HIGH SCHOOL FOR SCIENCE... |
2003 |
| Larry J. Pittman |
A Thirteenth Amendment Framework for Combating Racial Profiling |
48 Saint Louis University Law Journal 131 (Fall 2003) |
On September 11, 2001, supporters of Osama Bin Laden and his terrorist organization hijacked four domestic airplanes, flying two of them into the World Trade Center Towers in New York City, one of them into the Pentagon, and crashing the last one in rural Pennsylvania while likely en route to the White House, thereby killing approximately three; Search Snippet: ...2003 Health Law Symposium A THIRTEENTH AMENDMENT CHALLENGE TO BOTH RACIAL DISPARITIES IN MEDICAL TREATMENTS AND IMPROPER PHYSICIANS' INFORMED CONSENT DISCLOSURES... |
2003 |
| Otis B. Grant |
African American Intimacy: the Racial Gap in Marriage |
24 Whittier Law Review 645 (Spring 2003) |
This article examines whether the current rules, regulations, and policies of the National Collegiate Athletic Association (NCAA) perpetuate the exploitation of student-athletes who are given athletic scholarships to play on intercollegiate football teams. This article contends that colleges that grant full athletic scholarships exploit football... |
2003 |
| Eric K. Yamamoto , Susan K. Serrano , Michelle Natividad Rodriguez |
America's "Field of the Blackbirds": How the Campaign for Reparations for Slavery Perpetuates Racism |
101 Michigan Law Review 1269 (March, 2003) |
Few questions challenge us to consider 380 years of history all at once, to tunnel inside our souls to discover what we truly believe about race and equality and the value of human suffering. --Kevin Merida (on African American reparations) Secretary of State Colin L. Powell said today that terrorists can only be attacked from the highest moral; Search Snippet: ...Michigan Law Review March, 2003 Colloquium Retrying Race Essays AMERICAN RACIAL JUSTICE ON TRIAL--AGAIN: AFRICAN AMERICAN REPARATIONS, HUMAN RIGHTS, AND... |
2003 |
| Sarah E. Larson |
An Examination of the Effects of Institutional Racism and Systemic Prejudice on Intimate Partner Violence in Minority Communities |
24 Hamline Journal of Public Law and Policy 293 (Spring 2003) |
A thirty-year old Asian-American man enters into a contract to purchase a new vehicle. Deep within the purchase agreement, there is a clause that states any claim or controversy arising out of the contract will be sent to arbitration. The man cannot speak English. He meets with an interpreter who goes through the contract very quickly. He; Search Snippet: ...AND BINDING MANDATORY CONSUMER ARBITRATION AGREEMENTS: NOT THE ANSWER TO RACIAL BIAS IN THE UNITED STATES LEGAL SYSTEM Sarah E. Larson... |
2003 |
| Sarah Oliver |
Atwater V. City of Lago Vista: the Disappearing Fourth Amendment and its Impact on Racial Profiling |
5 Journal of Law & Social Challenges Challenges 1 (Summer 2003) |
Racial profiling--any police-initiated action that relies on race, ethnicity or national origin rather than behavior or other objective criteria--is generally viewed as repugnant in a democratic, law-based society. The United States Supreme Court, in the recently decided Atwater v. City of Lago Vista, eliminated, without discussion or; Search Snippet: ...LAGO VISTA: THE DISAPPEARING FOURTH AMENDMENT AND ITS IMPACT ON RACIAL PROFILING Sarah Oliver Copyright (c) 2003 Journal of Law and... |
2003 |
| Quin M. Sorenson |
Bad Conduct Earns Fee-shifting Sanction |
35 Columbia Human Rights Law Review 71 (Fall 2003) |
For many, Batson v. Kentucky and its progeny stand as an archetype of the Supreme Court's recognition of a far-reaching right and subsequent narrowing of that right to the point of near evisceration. In Batson, the Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits the discriminatory use of peremptory challenges by a; Search Snippet: ...Review Fall 2003 Comment BACKDOORING BATSON: THE IMPROPER USE OF RACIAL MEMORY AND OTHER PECULIAR CHARACTERISTICS IN JUROR CHALLENGES Quin M... |
2003 |
| Genna Rae McNeil |
Beginning to End Racial Profiling: Definitive Solutions to an Elusive Problem |
52 American University Law Review 1431 (August, 2003) |
I am . . . concerned . . . that the Negro shall not be content simply with demanding a share in the existing system. [H]is fundamental responsibility and historical challenge is . . . to make sure that the system which shall survive in the United States of America . . . shall be a system which guarantees justice and freedom for everyone. Charles; Search Snippet: ...Appeals), a conscientious, consistent, and courageous advocate of freedom, equality, racial justice, and human rights. His brilliant and instructive opinions call... |
2003 |
| K.G. Jan Pillai ; and Mark Tulloss |
Borderline Americans: Racial Division and Labor War in the Arizona Borderlands by Katherine Benton-cohen Harvard University Press, Cambridge, Ma, 2009. 367 Pages, $29.95. Shadows at Dawn: a Borderlands Massacre and the Violence of History by Karl Jacoby P |
2003 Michigan State DCL Law Review 507 (Summer 2003) |
The perpetual and, at times, seemingly partisan national discourse concerning the abundance or rarity of racial and gender discrimination in American society is both amusing and frustrating to persons of color and women. It is amusing because they experience the sting of discrimination, with immeasurable loss in dignity and material well-being, in... |
2003 |
| Camille A. Nelson |
Breaking the Cycle of "Unequal Treatment" with Health Care Reform: Acknowledging and Addressing the Continuation of Racial Bias |
9 Michigan Journal of Race and Law 77 (Fall 2003) |
INTRODUCTION. 77 I. Critical Psychology and Racism as Abuse. 83 A. Stress and Distress. 80 B. Coping. 98 C. The Humiliation Dynamic. 102 II. Criminal Law Defenses Capable of Critical Psychology Infusion. 108 A. Provocation. 110 B. Extreme Emotional Disturbance. 117 C. Diminished Capacity. 121 III. Concerns With Infusion -- Identity,; Search Snippet: ...THE CAMEL'S BACK: A CONSIDERATION OF MITIGATORY CRIMINAL DEFENSES AND RACISM-RELATED MENTAL ILLNESS Camille A. Nelson [FNa1] Copyright (c) 2003... |
2003 |
| Karyn Grey |
Brennan and Warren: Champions of Democratic Liberalism a Defiant Life: Thurgood Marshall & the Persistence of Racism by Howard Ball Thurgood Marshall:american Revolutionary by Juan Williams Brennan and Democracy by Frank I. Michelman |
27 Nova Law Review 415 (Spring, 2003) |
[I]n the Garden of Eden every animal obeyed Man willingly. But we blew it, and after the Fall all the animals lived as they pleased and paid us no heed. Except for dogs, who liked comradeship and loyalty enough to give us another chance. Mary Rodgers wept as her dog was dragged away by animal control workers. She could barely stand to watch as; Search Snippet: ...Spring, 2003 Note and Comment BREED-SPECIFIC LEGISLATION REVISITED: CANINE RACISM [FN1] OR THE ANSWER TO FLORIDA'S DOG CONTROL PROBLEMS? Karyn... |
2003 |
| |
Casting a Meaningful Ballot: Applying One-person, One-vote to Judicial Elections Involving Racial Discrimination |
9 Columbia Journal of European Law 447 (Summer, 2003) |
Does the ECJ have jurisdiction to deal with a Member State's refusal to grant a right to residence to a third country national who has married an EC-national, when the latter resides in his country of origin and frequently provides services in other Member States? Contrary to the Court's holding in the Carpenter case, such situations should be; Search Snippet: ...jurist at the Centre for Equal Opportunities and Opposition to Racism, Belgium. Mr. Vanneste is a researcher at the Institute for... |
2003 |
| |
Civil Rights - 42 U.s.c. § 1982 - Black Homebuyers Are Entitled to Damages Equal to the Increments in Prices of Homes in Black Neighborhoods That Result from Dual Housing Markets Caused by Racial Discrimination |
9 CITYLAW 136 (November/December 2003) |
Black and Latino men alleged they were stopped and frisked based on race. In 1999 ten black and Latino men brought a class action lawsuit against the City, alleging that the NYPD Street Crime Unit engaged in racial profiling and stopped and frisked minorities without the requisite reasonable suspicion. 5 CityLaw 138 (1999); 6 CityLaw 61 (2000); 7; Search Snippet: ...CURRENT DEVELOPMENTS INSTITUTIONAL REFORM LITIGATION RACIAL PROFILING CITY SETTLES RACIAL PROFILING SUIT Copyright (c) 2003 by Center for New York... |
2003 |
| Iris Jones |
Collecting Racial or Ethnic Data for Antidiscrimination Policies: a U.s.-europe Comparison |
35 Urban Lawyer 707 (Fall, 2003) |
After several decades, the subject of race relations continues to be an unresolved and perplexing issue for Americans. More specifically, fourteen states and over 2000 municipalities are grappling with the daunting task of collecting and analyzing data from traffic stops pursuant to either state mandate or on a voluntary basis. Even more; Search Snippet: ...Recent Development in Government Operation and Liability COLLECTING AND ANALYZING RACIAL PROFILING TRAFFIC STOP DATA: IS IT A RELIABLE METHOD OF DETECTING RACIAL PROFILING? Iris Jones [FNa1] Copyright © 2003 by American Bar Association... |
2003 |
| Timothy Stoltzfus Jost |
Committee on Race and Racism's Diversity Training Project |
9 Washington and Lee Race and Ethnic Ancestry Law Journal 35 (Spring 2003) |
Professor Watson has presented us with a provocative paper on the problem of racial disparities in health care. Professor Watson notes that we seem to have reached a dead end in dealing with race discrimination in health care through the civil rights laws. Those laws seem to be incapable of dealing with disparate impact-which is manifestly evident; Search Snippet: ...Race and Ethnic Ancestry Law Journal Spring 2003 Article COMMENTARY: RACIAL DISPARITIES IN HEALTH CARE Timothy Stoltzfus Jost Copyright (c) 2003... |
2003 |
| |
Criminal Law and Justice System Practices as Racist, White, and Racialized |
116 Harvard Law Review 2678 (June, 2003) |
Courts have addressed the underrepresentation of African Americans in jury pools for over a century. Although the facially race-based exclusion of African Americans has become rare, disputes regarding the composition of jury pools continue to arise. Indeed, even the advent of computerized juror-selection methods has not put an end to such disputes; Search Snippet: ...REVIEW Harvard Law Review June, 2003 Recent Cases CRIMINAL LAW -- RACIAL EXCLUSION IN JURY POOL COMPOSITION -- SUPREME COURT OF INDIANA HOLDS... |
2003 |
| Victor C. Romero |
Critical Race Theory, Cognitive Psychology, and the Social Meaning of Race: Why Individualism Will Not Solve Racism |
66 Albany Law Review 375 (2003) |
The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lotteryoften with seemingly contradictory results. Liberals typically favor affirmative action but decry both racial profiling and the diversity visa lottery,... |
2003 |
| Deborah A. Ramirez , Jennifer Hoopes , Tara Lai Quinlan |
Deliberate Indifference: Judicial Tolerance of Racial Bias in Criminal Justice |
40 American Criminal Law Review 1195 (Summer, 2003) |
In the immediate aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon, there was an apparent shift in the debate about racial profiling. After years of condemning the practice of racial profiling as one that violated civil rights, commentators began to accept and even advocate the practice as a necessary; Search Snippet: ...LAW REVIEW American Criminal Law Review Summer, 2003 Article DEFINING RACIAL PROFILING IN A POST-SEPTEMBER 11 WORLD Deborah A. Ramirez... |
2003 |
| Carlos M. Portugal |
Democracy, Majoritarianism, and Racial Equality: a Response to Professor Karlan |
57 University of Miami Law Review 1317 (July, 2003) |
The United States prescribes democracy like a pill that cures nations from centuries of corruption, ill governance and religious conflict. Nonetheless, even the U.S. version of democracy has its faults. Even in the 21st century, significant numbers of U.S. citizens who are contributing to society are permanently excluded from the democratic... |
2003 |
| Christopher N. Camponovo |
Discipline Policies, Successful Schools, Racial Justice, and the Law |
34 George Washington International Law Review 659 (2003) |
Ambition--and perhaps some naiveté--ran high when, in 1998, the United Nations General Assembly (General Assembly) adopted a resolution scheduling the third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (Conference) for September 2001. Following two world conferences tackling the same topics in 1978 and; Search Snippet: ...2003 DISASTER IN DURBAN: THE UNITED NATIONS WORLD CONFERENCE AGAINST RACISM, RACIAL DISCRIMINATION, XENOPHOBIA, AND RELATED INTOLERANCE Christopher N. Camponovo [FNa1] Copyright... |
2003 |
| John Charles Boger |
Eeo Report Not Racially Motivated |
81 North Carolina Law Review 1375 (May, 2003) |
Public schools in North Carolina and throughout the South face the prospect of a perfect storm, as current educational policies collide to produce strongly adverse, unanticipated consequences. The forces in play include the rapid resegregation of the region's public schools, due to the termination of court-ordered desegregation decrees in many; Search Snippet: ...America Do Southern Schools Face Rapid Resegregation? EDUCATION'S PERFECT STORM? RACIAL RESEGREGATION, HIGH-STAKES TESTING, AND SCHOOL RESOURCE INEQUITIES: THE CASE... |
2003 |
| Robert S. Chang |
Essential Commodities and Racial Justice: Using Constitutional Protection of Japan's Indigenous Ainu People to Inform Understandings of the United States and Japan |
66 Albany Law Review 349 (2003) |
Racial profiling usually conjures up images of police officers acting on negative stereotypes concerning the criminality of people of color and subjecting them to greater surveillance and state-sponsored violence than to those who do not possess such physical attributes. This type of negative affirmative action is practiced by police, prosecutors,; Search Snippet: ...and Constitutional Issues Involving Diversity Panel I: Racial Profiling ESSAY: ( RACIAL) PROFILES IN COURAGE, OR CAN WE BE HEROES TOO? Robert... |
2003 |
| Thomas B. Kelley |
Ethnic and Racial Employment Discrimination in Low-wage and High-wage Markets: Randomized Controlled Trials Using Correspondence Tests in Israel |
21-SUM Communications Lawyer Law. 2 (Summer, 2003) |
When the printer hands over this issue of Communications Lawyer to the U.S. Postal Service, the dog days of August will have come to baseball, Congress, and the ABA, and I will have completed my first year as your Chair. It has been a very good year, largely due to the efforts of your Governing Committee, Division Chairs, and others who have... |
2003 |