AuthorTitleCitationSummaryYear
Jeng Fen Mao The Racial Implications of Tort Reform 41 Howard Law Journal 501 (Spring, 1998) Introduction. 502 I. Television's Impact on Society's Health. 505 II. Market Model of the Broadcasting Industry. 508 III. FCC Regime: Pre-Adarand and Pre-Telecommunications Act of 1996. 511 A. The New Property: Spectrum Licensing. 511 B. Early Development of Telecommunications. 512 C. Obtaining A License. 515 D. The FCC's Minority Preference; Search Snippet: ...HOWARD LAW JOURNAL Howard Law Journal Spring, 1998 Comment THE RACIAL IMPLICATIONS OF THE TELECOMMUNICATIONS ACT OF 1996: THE CONGRESSIONAL MANDATE... 1998
Wendy Brown Scott The Siren Song of Objectivity: Risk Assessment Tools and Racial Disparity 27 Capital University Law Review 35 (1998) To comment on the remarks of a distinguished lawyer, scholar and activist like Chancellor Julius Chambers is truly a humbling experience. Although I am not a North Carolinian like Judge Algenon Marbley, who introduced Chancellor Chambers, I am a beneficiary of the dedication of men and women like the Chancellor: Charles Hamilton Houston, Justice... 1998
Jamin B. Raskin The Surprising Role of Racial Hierarchy in the Civil Rights Jurisprudence of the First Justice John Marshall Harlan 14 Journal of Law & Politics 591 (Fall 1998) The problem of the twentieth century is the problem of the colour line. -- W.E.B. Du Bois Twentieth century, go to sleep. -- R.E.M. I don't want to draw nigger districts. -- Joe Mack Wilson, Former Chair of the Georgia House Reapportionment Committee This Article explores the paradoxes and contradictions that now constitute the Supreme Court's... 1998
Cynthia L. Estlund The World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Durban, South Africa 1 University of Pennsylvania Journal of Labor and Employment Law 49 (Spring, 1998) President Clinton stirred some hope, along with some cynicism, in his effort to initiate a national conversation about race. Race unquestionably divides Americans-particularly black and white Americans-in their experiences and in their perceptions of the world, of social policy, and of each other. Few question the need for a more honest; Search Snippet: ...and Employment Law Spring, 1998 Essay THE WORKPLACE IN A RACIALLY DIVERSE SOCIETY: PRELIMINARY THOUGHTS ON THE ROLE OF LABOR AND... 1998
Troy M. Yoshino Ugly: an Inquiry into the Problem of Racial Gerrymandering under the Voting Rights Act 3 Michigan Journal of Race and Law 475 (Spring 1998) Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this... 1998
Judge Tyrone E. Medley Valuing Procedure over Substance: Racial Bias in the Capital Jury Room 11-MAY Utah Bar Journal 38 (May, 1998) Once upon a time when I was a prosecutor in the Salt Lake County Attorney's Office, I was prosecuting a misdemeanor controlled substance charge in justice court in Midvale. Upon review of the police report the day before trial, I was unable to determine the probable cause basis upon which the defendant was stopped and searched. On the day of trial,; Search Snippet: ...May, 1998 View From the Bench UTAH TASK FORCE ON RACIAL AND ETHNIC FAIRNESS IN THE LEGAL SYSTEM Judge Tyrone E... 1998
Daniel Hays Lowenstein You Shall Not Pass: the Roma "Travel Ban," Racial Profiling in Macedonia, and Remedy under International Law 50 Stanford Law Review 779 (February, 1998) Conservatives who have cheered the Supreme Court's racial gerrymandering decisions have been misguided. These cases trample on conservative notions of federalism by punishing the states for actions of the federal government. The Court has left untouched the federally imposed quota of majority-minority districts, but has declared that when states; Search Snippet: ...Process YOU DON'T HAVE TO BE LIBERAL TO HATE THE RACIAL GERRYMANDERING CASES Daniel Hays Lowenstein [FNa1] Copyright (c) 1998 Board... 1998
Justin Schwartz A Poisonous Harvest: Race, Inequality, and the Long History of the Flint Water Crisis 58 Ohio State Law Journal 1055 (1997) Under the leadership of Justice O'Connor, the Supreme Court has fashioned a uniform standard for examining the constitutionality of racial classifications under the Equal Protection Clause. Though her standard is appropriately labeled as strict scrutiny for both invidious and benevolent classifications, it should not be understood as strict in... 1997
Carroll Seron, PH.D., Project Coordinator, Martin Frankel, PH.D. Douglas Muzzio, PH.D. Joseph Pereira, PH.D. Gregg Van Ryzin, PH.D., School of Public Affairs Baruch College, City University of New York in Collaboration With Louis Harris and Associates, In A Return to the Basics: Constitutional Answers to the Racial Gerrymandering Questions 1997 Annual Survey of American Law 415 (1997) Summary. 419 Chapter 1 Introduction. 429 Chapter 2 Does Gender or Race Matter in the Federal Courts of the Second Circuit?. 434 Chapter 3 Interactions Among Professionals. 450 Chapter 4 The Treatment of Parties and Witnesses. 471 Appendix A Design of the Study of Gender, Racial, and Ethnic Fairness in the Federal Courts of the Second Circuit:; Search Snippet: ...AND EXPERIENCES OF LAWYERS, JUDGES, AND COURT EMPLOYEES CONCERNING GENDER, RACIAL AND ETHNIC FAIRNESS IN THE FEDERAL COURTS OF THE SECOND... 1997
Hiroshi Fukurai , Darryl Davies Affirmative Action in Law School Admissions: What Do Racial Preferences Do? 4 Virginia Journal of Social Policy and the Law 645 (Spring 1997) In July 1995, the University of California Board of Regents voted to end affirmative action based on race and gender in admissions, hiring, and contracting. Recently, the Equal Opportunity Act introduced by the Republicans would abolish three decades of affirmative action programs initiated by President Johnson in 1965. Given these actions,; Search Snippet: ...and the Law Spring 1997 AFFIRMATIVE ACTION IN JURY SELECTION: RACIALLY REPRESENTATIVE JURIES, RACIAL QUOTAS, AND AFFIRMATIVE JURIES OF THE HENNEPIN MODEL AND THE... 1997
Carl J. Schifferle Afterward: September 11th and Racial Profiling 2 Michigan Law and Policy Review 159 (1997) Discrimination on the basis of race, odious in all aspects, is especially pernicious in the administration of justice. In Montgomery, Alabama on January 26, 1956, police officers arrested and jailed Dr. Martin Luther King, Jr. for driving thirty miles per hour in a twenty-five mile per hour zone. Today it is readily acknowledged that Dr. King was; Search Snippet: ...WHREN v. UNITED STATES: APPLYING THE EQUAL PROTECTION CLAUSE TO RACIALLY DISCRIMINATORY ENFORCEMENT OF THE LAW Carl J. Schifferle [FNa] Copyright... 1997
Natsu Taylor Saito All in the Family: InterRacial Intimacy, Racial Fictions, and the Law 76 Oregon Law Review 261 (Summer 1997) I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289; Search Snippet: ...Nation-State ALIEN AND NON-ALIEN ALIKE: CITIZENSHIP, FOREIGNNESS, AND RACIAL HIERARCHY IN AMERICAN LAW Natsu Taylor Saito [FNa1] Copyright ©... 1997
Christine H. Rossell An Analysis of the Legal and Practical Implications of the Potential Increased Participation in Jury Service by Racial Minorities in the U.s. Criminal Justice System 29 Connecticut Law Review 1187 (Spring, 1997) Perhaps no Connecticut court decision in recent memory has been as unexpected and controversial as the Connecticut Supreme Court's July 9, 1996 finding that the existence of severe racial and ethnic isolation in the Hartford public school system, regardless of whether it occurred de jure or de facto, deprives schoolchildren of a substantially equal; Search Snippet: ...COURT DECISIONS IN SHEFF v. O'NEILL AND POSSIBLE REMEDIES FOR RACIAL ISOLATION Christine H. Rossell [FNa1] Copyright (c) 1997 by the... 1997
Andrew F. Halaby , Stephen R. McAllister An Argument for Federal Protection Against Racially Motivated Crimes: 18 U.s.c. S 241 and the Thirteenth Amendment 2 Michigan Journal of Race and Law 235 (Spring 1997) This Article focuses on one of the asserted costs of affirmative action: stigmatization. The Article offers structure to the debate over the definition and constitutional significance of the concept of stigmatization in the affirmative action context. In addition, this Article sets forth a model for analyzing stigma as a constitutional concept,... 1997
Robert D. Frizell B. the Necessity of Inquiry into Racial Bias in Voir Dire 56 Maryland Law Review 674 (1997) In Gilchrist v. State, the Court of Appeals held that the reasons proffered for a criminal defendant's peremptory strikes of white venirepersons constituted a pretext for racial discrimination and, thus, violated both Article 24 of the Maryland Declaration of Rights and the Equal Protection Clause of the Fourteenth Amendment to the United States; Search Snippet: ...TO WHITE POTENTIAL JURORS THE EQUAL PROTECTION RIGHT TO A RACIALLY NEUTRAL JURY SELECTION PROCESS Robert D. Frizell Copyright (c) 1997... 1997
Jeffrey M. Duban Banishing the Thirteenth Juror: an Approach to the Identification of Prosecutorial Racism 69-DEC New York State Bar Journal 53 (December, 1997) In a free society, everyone, male or female, white or black, has a positive responsibility to be thick-skinned. Activists who insist that personal offense is a cause for public action are a menace to the freedom of conscience that protects minorities above all. Multicultural orthodoxy interprets any deviation from perfect racial harmony as a sign; Search Snippet: ...1997 BANISHING BIAS: THE SECOND CIRCUIT'S DRAFT REPORT ON GENDER, RACIAL AND ETHNIC FAIRNESS IN THE COURTS Jeffrey M. Duban [FNa1... 1997
Kathy Seward Northern Bearing the Costs of Racial Inequality: Brown and the Myth of the Equality/efficiency Trade-off 21 William and Mary Environmental Law and Policy Review 485 (Summer, 1997) As the millennium approaches, the quest for environmental justice--the fair and equitable allocation of environmental benefits and burdens-- constitutes a challenge of Herculean proportions. Over the past ten years, a consensus has evolved that, in the United States, racial and ethnic minorities bear a significant and disproportionate burden with; Search Snippet: ...1997 BATTERY AND BEYOND: A TORT LAW RESPONSE TO ENVIRONMENTAL RACISM Kathy Seward Northern [FNa1] Copyright (c) 1997 by the William... 1997
Reviewed by Ronald K. Noble Between Racially Restrictive Covenants and Indian Beaver Hunting: the Metatheory of Property Rights 72 New York University Law Review 664 (June, 1997) We have left behind the midnight hour of slavery, traveled through the gray dawn of segregation, and we are now in a cloudy divide, poised between freedom and inequality. As a sixteen-year-old freshman at Purdue University in Lafayette, Indiana, A. Leon Higginbotham, Jr. and the eleven other black Purdue students were required to sleep in an... 1997
  Black and Brown Coalition Building During the "Post-Racial" Obama Era 25 Southern University Law Review Rev. 1 (Fall, 1997) I. Introduction. 2 II. A Historical Overview of the Struggle for African Reparations. 6 A. Reparations: From Pre-Reconstruction to thePresent. 6 III. Can a Valid Claim for Black Reparations be Made Under American Law?. 14 A. American Courts in the Late Nineteenth Century. 14 B. American Courts in the Early and Mid-Twentieth Century. 16 IV. The; Search Snippet: ...A CLAIM FOR ENSLAVEMENT AND SYSTEMATIC DE JURE SEGREGATION AND RACIAL DISCRIMINATION UNDER AMERICAN AND INTERNATIONAL LAW Copyright (c) 1997 Southern... 1997
Amy L. Knickmeier Blinded by Sight: the Racial Body and the Origins of the Social Construction of Race 17 Northern Illinois University Law Review 305 (Spring, 1997) In the state of nature, men are in fact born equal; but they cannot remain so. Society deprives them of equality, and they only become equal again because of the laws. Like an incurable cancer, the disease of racism continues to plague the population. This malady incessantly claims victims who, rather than attempting to find a cure for it, fall; Search Snippet: ...confronted disappointed expectations. They anticipated freedom but were met with racial adversity and frustration instead. Donald G. Nieman, Promises to... 1997
Frank R. Parker California's Proposition 209: a Temporary Diversion on the Road to Racial Disaster 1996-97 Preview of United States Supreme Court Cases 340 (February 6, 1997) A group of Florida voters challenged Florida Senate District 21. a majority African-American district in the Tampa Bay area, alleging race-conscious redistricting. The federal district court ordered mediation among the parties that resulted in an agreement creating a new district with a reduced percentage of African-American voters. One of the; Search Snippet: ...Rights Redistricting by Mediation: May a Federal Court Resolve a Racial Redistricting Lawsuit by Ordering Mediation Among the Parties? by Frank... 1997
Derrick A. Bell, Jr. California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education 30 Loyola of Los Angeles Law Review 1447 (June, 1997) Less than a month ago my long-time friend, Chief District Judge Thelton Henderson, gave supporters of California's affirmative action programs a most welcome Christmas present. He followed up the temporary restraining order he issued shortly after Proposition 209 was approved by the voters with a preliminary injunction, the appeal of which through; Search Snippet: ...CALIFORNIA'S PROPOSITION 209: A TEMPORARY DIVERSION ON THE ROAD TO RACIAL DISASTER [FNd] Derrick A. Bell, Jr. [FNa] Copyright (c) 1997... 1997
Stephen B. Bright Challenging Racial Disparities: the Promise and Pitfalls of the No Child Left Behind Act's Race-conscious Accountability 21-FEB Champion 19 (January/February, 1997) Capital punishment, a direct descendant of lynching and other forms of racial violence, remains one of America's most prominent vestiges of slavery and racial oppression. The U.S. General Accounting Office analyzed 28 studies of capital sentencing and found a remarkably consistent pattern of racial disparities in capital sentencing throughout the; Search Snippet: ...109114 CHAMPION Champion January/February, 1997 Column Capital Cases CHALLENGING RACIAL DISCRIMINATION IN CAPITAL CASES Stephen B. Bright [FNa] Copyright ©... 1997
Michael C. Weed Choice and Fraud in Racial Identification: the Dilemma of Policing Race in Affirmative Action, the Census, and a Color-blind Society 28 Pacific Law Journal 697 (Spring, 1997) It would seem unlikely that issues of free speech, consumer protection, product integrity, and white supremacy would all meet in the same arena. That is, before it happened. Because of the actions of a racist organization, lawmakers were forced to react in order to close a loophole in existing law. With the enactment of Chapter 140, these unrelated; Search Snippet: ...of Selected 1996 California Legislation Crime CHEERIOS, FREE SPEECH AND RACISM: A LEGISLATIVE RESPONSE TO AN UGLY PROBLEM Michael C. Weed... 1997
John O. Calmore Closing the Racial Gap in Financial Services: Balancing Algorithmic Opportunity with Legal Limitations 31 University of San Francisco Law Review 903 (Summer 1997) New voices of future lawyers are particularly important in this area because racial problems are theirs to confront in the next decades. Indeed it is at present virtually impossible to write or say anything on the topic of race that is not in some way objectionable or embarrassing. We approach questions of race and treat them like a family who is; Search Snippet: ...Francisco Law Review Summer 1997 Essay CLOSE ENCOUNTERS OF THE RACIAL KIND: PEDAGOGICAL REFLECTIONS AND SEMINAR CONVERSATIONS John O. Calmore [FNa1... 1997
Jerry Haynes Cluster Introduction: Economic Crises from the Bottom Up--(In) Securities of Silencing a Racial past and Present 8 Risk: Health, Safety and Environment 103 (Winter, 1997) Clovis E. Semmes, Racism, Health, and Post-Industrialism: A Theory of African-American Health (Praeger Publishers 1996). About the author, acknowledgements, index, introduction, selected bibliography. LC-95-34440; ISBN 0-275-95428-5 [178 pp. Cloth $59.95, paper $18.95. 88 Post Road West, Westport CT 06881.] Not until well into in his book does; Search Snippet: ...Safety and Environment Winter, 1997 Book Review CLOVIS E. SEMMES, RACISM, HEALTH, AND POST-INDUSTRIALISM: A THEORY OF AFRICAN-AMERICAN HEALTH... 1997
Nkechi Taifa Coerced Consent: Plea Bargaining, the Trial Penalty, and American Racism 40 Howard Law Journal 641 (Spring 1997) I. Introduction. 642 II. Blacks Have Historically Appealed to International Bodies for Vindication of Basic Human Rights. 643 III. An Overview of CERD, Focusing on Its Criminal Justice Provisions and U.S. Reservations, Understandings and Declarations. 648 IV. Institutionalized Racism in the Criminal Justice System Violates The Letter and Spirit of; Search Snippet: ...APPLICABILITY OF THE INTERNATIONAL CONVENTION TO ELIMINATE ALL FORMS OF RACIAL DISCRIMINATION TO THE U.S. CRIMINAL JUSTICE SYSTEM Nkechi Taifa [FNa1... 1997
Karen L. Ross Combining Proactive and Reactive Methods to Address Racial Disparities in Incarceration Rates 21 Seton Hall Legislative Journal 141 (1997) I. INTRODUCTION. 141 II. AN HISTORICAL OVERVIEW. 144 A. The Social Climate. 144 B. The Legal Issues. 147 III. LEGISLATIVE HISTORY OF THE CIVIL RIGHTS ACT OF 1964. 150 IV. PROPOSALS TO REPEAL TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. 153 A. Richard A. Epstein's Free Market Analysis. 154 B. Derrick E. Bell's Racial Preference Licensing Act. 160 V; Search Snippet: ...HALL LEGISLATIVE JOURNAL Seton Hall Legislative Journal 1997 Note COMBATTING RACISM: WOULD REPEALING TITLE VII BRING EQUALITY TO ALL? Karen L... 1997
  Constitutional Law-equal Protection-voting Rights Act of 1965-Racial Redistricting and Gerrymandering-election Discrimination 110 Harvard Law Review 1167 (March, 1997) Recent political efforts to roll back, or even eliminate, government affirmative action programs have generated increasingly strident debate and ultimately may result in divergent, state-by-state approaches to the issue. The democratic debate has been sustained in large part by continued uncertainty about the constitutionality of these programs on; Search Snippet: ...Case CONSTITUTIONAL LAW--EQUAL PROTECTION--SEVENTH CIRCUIT PERMITS USE OF RACIAL CLASSIFICATIONS IN PROMOTION DECISIONS AT A PRISON BOOT CAMP.--WITTMER... 1997
Ross I. Booher Constitutional Law-fourteenth Amendment Right to Equal Protection-criminal Defendant's Racially Discriminatory Exercise of Peremptory Challenges 64 Tennessee Law Review 497 (Winter, 1997) In 1992, Cheryl Hopwood, a white middle-aged working mother, applied for admission to the University of Texas Law School (law school). Like most other institutions of higher learning in the United States, the law school had an affirmative action admissions program which gave significant preferences to members of select racial and ethnic minority; Search Snippet: ...1997 Case Note CONSTITUTIONAL LAW--FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE-- RACIAL PREFERENCES IN COLLEGE AND UNIVERSITY ADMISSIONS Hopwood v. Texas, 78... 1997
Christopher L. Eisgruber Demography of the Legal Profession and Racial Disparities in Sentencing 50 Vanderbilt Law Review 347 (March, 1997) I. Introduction. 347 II. The Constitutionality of Majority-Black Districts. 349 III. The Possibility of Assembly Backlash. 352 IV. The Difference Between Democracy and Majoritarianism. 354 V. Racial Equality and American Politics. 356 VI. Conclusion. 359; Search Snippet: ...Symposium: Defining Democracy for the Next Century DEMOCRACY, MAJORITARIANISM, AND RACIAL EQUALITY: A RESPONSE TO PROFESSOR KARLAN Christopher L. Eisgruber [FNa1... 1997
Keith Aoki Disabling Racial Repetition 33 California Western Law Review 185 (Spring 1997) I have been thinking about Bob Chang's radical democracy project that he has been working on recently and am very honored and grateful to be among the persons invited to participate in this Symposium. Allow me to give you a brief bit of biographical information that bears on some of the questions which arise in connection with a Symposium entitled,; Search Snippet: ...1997 Symposium: Towards a Radical and Plural Democracy DIRECT DEMOCRACY, RACIAL GROUP AGENCY, LOCAL GOVERNMENT LAW, AND RESIDENTIAL RACIAL SEGREGATION: SOME REFLECTIONS ON RADICAL AND PLURAL DEMOCRACY Keith Aoki... 1997
Thomas E. Wood Does it Matter If My Mediator Looks like Me? The Impact of Racially Matching Participants and Mediators 24 Hastings Constitutional Law Quarterly 969 (Summer, 1997) On November 5, 1996, the California electorate adopted Proposition 209, otherwise known as the California Civil Rights Initiative (CCRI), by a margin of 54-46 percent. For the purposes of the present paper, the key provisions of Proposition 209, which now comprises Article I, Section 31 of the state constitution, are as follows: Prop 209:(a) The; Search Snippet: ...POLITICAL RIGHTS UNDER THE FOURTEENTH AMENDMENT THAN IT GRANTS TO RACIAL MINORITIES?: A RESPONSE TO VIKRAM D. AMAR AND EVAN H... 1997
Jim Chen Employee Free Speech Rights in the Workplace: Balancing the First Amendment Against Racist Speech by Police Officers 68 University of Colorado Law Review 1123 (Fall 1997) Bakke has come of age. In the nineteen years since Justice Lewis Powell proclaimed that diversity clearly is a constitutionally permissible goal for an institution of higher education, Bakke has become a transformative, even religious experience for champions of race-based educational affirmative action. For Michael A. Olivas, the survival of; Search Snippet: ...Fall 1997 Affirmative Action: Diversity of Opinion EMBRYONIC THOUGHTS ON RACIAL IDENTITY AS NEW PROPERTY Jim Chen [FNa1] Copyright (c) 1997... 1997
Daniel Kevin Environmental Racism and Locally Undesirable Land Uses: a Critique of Environmental Justice Theories and Remedies 8 Villanova Environmental Law Journal 121 (1997) THE subject of environmental justice has attracted considerable attention in recent years. Environmental justice advocates allege that due to environmental racism, locally undesirable environmental land uses (LULUs) such as hazardous waste facilities, solid waste disposal sites and contaminated industrial sites are disproportionately placed in... 1997
Diane Schwartz Epa Steps in to Clear the Air 12 Journal of Environmental Law & Litigation 409 (1997) Earth Day 1970 represents a pivotal time period for the environmental movement in America. Heightened awareness of environmental degradation motivated mostly caucasian activists to focus on natural resource preservation. However, this movement failed to address how environmental harm was disproportionately impacting communities of color in the; Search Snippet: ...LAW AND LITIGATION Journal of Environmental Law & Litigation 1997 ENVIRONMENTAL RACISM: USING LEGAL AND SOCIAL MEANS TO ACHIEVE ENVIRONMENTAL JUSTICE Diane... 1997
Terry Carter Equal Justice 83-NOV ABA Journal 32 (November, 1997) Students in the Environmental Law Clinic at Tulane Law School recently got an in-depth lesson in political science when Louisiana's governor bellowed on television that they were being misguided by big, fat law professors drawing big, fat paychecks. For the record, clinic director Robert Kuehn stands 6-feet-1-inch tall and weighs 170 pounds,; Search Snippet: ...1997 News EPA STEPS IN TO CLEAR THE AIR Environmental Racism Charged in Challenge to Location of Chemical Plant Terry Carter... 1997
Bernard K. Ham Executive Order 13769 and America's Longstanding Practice of Institutionalized Racial Discrimination Towards Refugees and Asylum Seekers 7 Seton Hall Constitutional Law Journal 577 (Winter 1997) The exclusionary nature of zoning has long been acknowledged and accepted by the courts. The very notion of zoning allows a municipality to exclude those things or uses that it deems undesirable. In the United States, local governments, deriving their zoning power from states' enabling legislation, have historically exercised exclusive domain over... 1997
Jeffrey H. Rutherford Foreword: "Separate but Equal" in Prison: Johnson V. California and Common Sense Racism 15 Law & Inequality: A Journal of Theory and Practice Ineq. 1 (Winter 1997) It is not uncommon for a person to assume that his or her race is fixed and predetermined. People often think of themselves as being born into a certain race: that their race is genetically determined and is therefore free of social, economic and cultural influence. While they may recognize that there are social and economic implications attached; Search Snippet: ...Our Private Obsession, Our Public Sin FOREWORD: Reexamining Race and Racial Identity in the United States Jeffrey H. Rutherford [FNa] Copyright... 1997
Richard Thompson Ford Geometry and Geography: Racial Gerrymandering and the Voting Rights Act 49 Stanford Law Review 1365 (July, 1997) This article contrasts the constitutional treatment of two types of territorially defined political subdivisions: local governments and electoral districts. The Supreme Court treats racially segregated electoral districts as constitutionally suspect while generally insulating more severely segregated local governments from constitutional scrutiny.... 1997
Roscoe C. Howard, Jr. Getting Parents Involved in Racially Integrated Schools 31 New England Law Review 831 (Spring 1997) Education . . . beyond all other devices of human origin, is the great equalizer of the conditions of men--the balance-wheel of the social machinery. . . . (I)t gives each man the independence and the means . . . by which he can resist the selfishness of other men. It does more better than to disarm the poor of their hostility towards the rich; it; Search Snippet: ...GETTING IT WRONG: HOPWOOD v. TEXAS AND ITS IMPLICATIONS FOR RACIAL DIVERSITY IN LEGAL EDUCATION AND PRACTICE Roscoe C. Howard, Jr... 1997
Charles Lewis Nier, III Guilty by Implicit Racial Bias: the Guilty/not Guilty Implicit Association Test 16 Dickinson Journal of International Law 149 (Fall 1997) We declare our right on this earth to be a man, to be a human being, to be respected as a human being, to be given the rights of human beings in this society, on this earth, in this day, which we intend to bring into existence by any means necessary. Malcolm X In 1959 the image of Malcolm X burst onto white America in a Mike Wallace television... 1997
Jeremy Moeser Hospital Flight from Minority Communities: How Our Existing Civil Rights Framework Fosters Racial Inequality in Healthcare 48 Mercer Law Review 941 (Winter 1997) In Hopwood v. Texas, the Court of Appeals for the Fifth Circuit held that the University of Texas (UT) School of Law's admissions program, which gave preference to African-Americans and Mexican-Americans, violated the Fourteenth Amendment's Equal Protection Clause. For the 1992 school year, the University of Texas School of Law processed; Search Snippet: ...Casenote HOPWOOD v. TEXAS: THE BEGINNING OF THE END FOR RACIAL PREFERENCE PROGRAMS IN HIGHER EDUCATION Jeremy Moeser Copyright (c) 1997... 1997
Christopher David Ruiz Cameron How the Kansas Courts Have Permitted and May Remedy Racial Funding Disparities in the Aftermath of Brown 85 California Law Review 1347 (October, 1997) Title VII of the Civil Rights Act of 1964 outlaws discrimination in employment based on, among other things, national origin. The adoption by employers of policies requiring employees to speak only English in the workplace would appear to constitute national origin discrimination against bilingual Latinos, whose Spanish-speaking ability is central... 1997
Noel C. Richardson Is There a Legal Right to Free Choice of Ethno-Racial Identity? Legal and Political Difficulties in Defining Minority Communities and Membership Boundaries 23 New England Journal on Criminal and Civil Confinement 183 (Winter 1997) In October 1995, the Sentencing Project released a report concluding that one of every three young black men is now under the supervision of the criminal justice system. The report followed the organization's 1990 report indicating that one in four young black men was under criminal justice supervision. The conclusions of the Sentencing Project are; Search Snippet: ...COMMUNITY? AN ANALYSIS OF THE LINK BETWEEN CONFINEMENT, CAPITAL, AND RACISM IN THE UNITED STATES Noel C. Richardson Copyright (c) 1997... 1997
Sherrilyn A. Ifill Judicial Embrace of Racial Gerrymandering Cases 39 Boston College Law Review 95 (December, 1997) Despite dramatic gains in the legislative arena in the past 20 years, racial diversity on state courts remains a much-lauded but seemingly elusive goal. Only 3.8% of all state court judges are African American. Among state trial court judges, only 4.1% are African American. In jurisdictions with large African American populations, the figures are; Search Snippet: ...REVIEW Boston College Law Review December, 1997 JUDGING THE JUDGES: RACIAL DIVERSITY, IMPARTIALITY AND REPRESENTATION ON STATE TRIAL COURTS Sherrilyn A... 1997
Scot Wortley, John Hagan, Ross Macmillan Just Desserts?: Public Accommodations, Religious Accommodations, Racial Equality, and Gay Rights 31 Law and Society Review 637 (1997) Sociologists have long been interested in how reactions to deviance influence social order and consensus. However, classic statements on this subject present contrasting hypotheses. This article extends previous work by examining how the extensive media coverage of an interracial homicide influences public attitudes toward the criminal justice; Search Snippet: ...Law and Society Review 1997 Article JUST DES(S)ERTS? THE RACIAL POLARIZATION OF PERCEPTIONS OF CRIMINAL INJUSTICE Scot Wortley John Hagan... 1997
Ming W. Chin Keynote Address: Maintaining Hope in the Struggle Against the Constitutional Tolerance of Racial Discrimination 4 Asian Law Journal 181 (May, 1997) Good afternoon, ladies and gentlemen. I would like to thank Asian Law Journal for its gracious invitation to speak with you today. At a conference called Diversity and Unity in America at the University of Texas, William Raspberry, a columnist for the Washington Post, was asked the following question: Are race relationships getting better or; Search Snippet: ...1997 Speech KEYNOTE ADDRESS: FAIRNESS OR BIAS?: A SYMPOSIUM ON RACIAL AND ETHNIC COMPOSITION AND ATTITUDES IN THE JUDICIARY Ming W... 1997
Enid Trucios-Haynes Latinos and the Criminal Justice System: Overcoming Racial Stigma from Trial to Incarceration 4 Asian Law Journal 39 (May, 1997) The author acknowledges the pioneering effect Professor Neil Gotanda's work has had on the discussion of racial discourse to include the racial oppression of Asian/Pacific Islander Americans. According to the author, Professor Gotanda's analytical model to examine the social practice of race contains three elements. Moreover, Professor Gotanda's; Search Snippet: ...Gotanda LATINO/AS IN THE MIX: APPLYING GOTANDA'S MODELS OF RACIAL CLASSIFICATION AND RACIAL STRATIFICATION Enid Trucios-Haynes [FNd1] Copyright (c) 1997 Asian Law... 1997
Anders Walker Legislative Study: Eliminating Racial Profiling in Minnesota 47 Duke Law Journal 399 (November, 1997) Shortly after the Supreme Court of the United States invalidated school segregation in Brown v. Board of Education, Mississippi Circuit Judge Tom P. Brady delivered a speech to a chapter of the Sons of the American Revolution on the decision's consequences. Brady's speech, later published and popularized throughout the South, declared that the; Search Snippet: ...Law Journal November, 1997 Note LEGISLATING VIRTUE: HOW SEGREGATIONISTS DISGUISED RACIAL DISCRIMINATION AS MORAL REFORM FOLLOWING BROWN v. BOARD OF EDUCATION... 1997
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