AuthorTitleCitationSummaryYear
Anthony Bertelli Mary Frances Berry, the Pig Farmer's Daughter and Other Tales of American Justice: Episodes of Racism and Sexism in the Courts from 1865 to the Present, 5 Virginia Journal of Social Policy and the Law 97 (Fall 1997) In coining the term, looking to the bottom, Mari Matsuda asserted that [t]he technique of imagining oneself black and poor in some hypothetical world is less effective than studying the actual experience of black poverty and listening to those who have done so. I view this as a metaphorical invitation for social scientists, such as myself, to; Search Snippet: ...Journal of Social Policy and the Law Fall 1997 MARKETING RACISM: THE IMPERIALISM OF RATIONALITY, CRITICAL RACE THEORY, AND SOME INTERDISCIPLINARY... 1997
  Microclimates of Racial Meaning: Historical Racial Violence and Environmental Impacts 14 New York Law School Journal of Human Rights 47 (Symposium, 1997) Michael Meyers made an oral presentation at the Symposium. However, due to technical problems with the transcription, he has declined the opportunity to include an edited version of his transcribed remarks in this volume; Search Snippet: ...A stanch integrationist, Meyers opposes Afrocentrism, and all forms of racial segregation and idiocies that separate human beings on flimsy bases... 1997
  National Survey Suggests Racial Disparity in Police Use of Force 49 Rutgers Law Review 979 (Spring 1997) Cherry Hill, New Jersey HONORABLE THEODORE Z. DAVIS: Good morning, ladies and gentlemen. I am Ted Davis, a member of the Superior Court of the State of New Jersey and Chairman of this task force has been ongoing for several years here in New Jersey. The Chief Justice has communicated with me this morning that he'll be; Search Snippet: ...N. Wilentz NATIONAL CONSORTIUM OF TASK FORCES AND COMMISSIONS ON RACIAL AND ETHNIC BIAS IN THE COURTS Copyright (c) 1997 Rutgers... 1997
Jeffrey Willis Ninth Circuit Lets Minority Company Sue for Racial Discrimination 34-NOV Arizona Attorney 42 (November, 1997) Convening in Portland, Oregon August 17-19, the Judge and Lawyer Representatives of the Ninth Circuit devoted the two days of the Annual Ninth Circuit Judicial Conference to examining issues related to jury communications, litigation efficiency and racial, religious and ethnic fairness in the Circuit. Special guest speakers included Associate U.S; Search Snippet: ...Brief NINTH CIRCUIT CONFERENCE STUDIES JURY COMMUNICATIONS, LITIGATION EFFICIENCY AND RACIAL, RELIGIOUS AND ETHNIC FAIRNESS Jeffrey Willis Copyright (c) 1997 by... 1997
Darren Lenard Hutchinson Overcoming Environmental Racism: a Lesson from the Voting Rights Act of 1965 29 Connecticut Law Review 561 (Winter, 1997) i'm clear about why i am and how i ami cannot extricate the lesbian from my soul no more than i could the chicanai have always been both. I was mute, tongue-tied, burdened by shadows and silence. Now I speak and my burden is lightened lifted free. In the poem Tongues Untied, Marlon T. Riggs, a black gay filmmaker and writer, recounts childhood; Search Snippet: ...REVIEW Connecticut Law Review Winter, 1997 OUT YET UNSEEN: A RACIAL CRITIQUE OF GAY AND LESBIAN LEGAL THEORY AND POLITICAL DISCOURSE... 1997
Richard H. Pildes Prison for You. Profit for Me. Systemic Racism Effectively Bars Blacks from Participation in Newly-legal Marijuana Industry 106 Yale Law Journal 2505 (June, 1997) Three years after recognizing a new cause of action for racial redistricting in Shaw v. Reno, the Supreme Court's voting rights jurisprudence still teeters on the brink of legal incoherence and political chaos. Concerned about the new extremes to which self-interested redistricting has been taken in the 1990s--particularly, but not exclusively, for... 1997
Molly Townes O'Brien Problems Without a Process: Using an Action Dialogue to Manage Racial Tensions 64 Tennessee Law Review 359 (Winter, 1997) C1-3Table of Contents I. Introduction. 359 II. An Education for Citizenship. 365 III. The Overlooked History of the Private School Voucher Program Idea. 374 A. Early Years of the Private School Tuition Voucher. 374 B. The Middle Years: Transforming the Rhetoric. 385 C. The Political Revitalization of the Tuition Voucher Idea. 392 IV. The Myth of; Search Snippet: ...Winter, 1997 PRIVATE SCHOOL TUITION VOUCHERS AND THE REALITIES OF RACIAL POLITICS Molly Townes O'Brien [FNa1] Copyright (c) 1997 by the... 1997
Stephen Wolf Race Ipsa? Racial Profiling, Terrorism and the Future 11 Notre Dame Journal of Law, Ethics & Public Policy 225 (1997) It is frequently asserted that race matters, and all too frequently it is demonstrated that racial discrimination continues to persist. But in a society dedicated to the proposition that all men are created equal, the important issue is not the fact that race sometimes matters but the question of how should race matter. How do we move toward a; Search Snippet: ...Race and the Law Student Note RACE IPSA: VOTE DILUTION, RACIAL GERRYMANDERING, AND THE PRESUMPTION OF RACIAL DISCRIMINATION Stephen Wolf [FNa1] Copyright (c) 1997 Thomas J. White... 1997
Robert J. Sampson, Janet L. Lauritsen Racial and Ethnic Disparities in Employer-sponsored Health Coverage 21 Crime and Justice 311 (1997) Although racial discrimination emerges some of the time at some stages of criminal justice processing--such as juvenile justice--there is little evidence that racial disparities result from systematic, overt bias. Discrimination appears to be indirect, stemming from the amplification of initial disadvantages over time, along with the social; Search Snippet: ...1997 WL 34674709 CRIME AND JUSTICE Crime and Justice 1997 RACIAL AND ETHNIC DISPARITIES IN CRIME AND CRIMINAL JUSTICE IN THE... 1997
Larry Michael Fehr Racial and Ethnic Disparity and Criminal Justice: How Much Is Too Much? 32 Gonzaga Law Review 577 (1996-1997) I. Introduction. 577 II. Background and Prior Research in Washington. 579 III. Study #1: Racial and Ethnic Disparities in the Prosecution of Adult Felony Cases in King County. 581 A. Study Goal and Objectives. 581 B. Data Collection and Analyses. 582 C. Findings. 584 D. Prosecutorial Study Conclusions. 585 IV. Study #2: Exceptional Sentencing; Search Snippet: ...1997 Symposium Race Relations and Conflict in the United States RACIAL AND ETHNIC DISPARITIES IN PROSECUTION AND SENTENCING: EMPIRICAL RESEARCH OF... 1997
Robert J. Donahue Racial Diversity as a Compelling Governmental Interest 30 Indiana Law Review 523 (1997) I have a dream today that my four children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr. Is racial diversity a sufficient justification for affirmative action programs? More specifically, is the goal of diverse racial composition among college; Search Snippet: ...WL 555973 INDIANA LAW REVIEW Indiana Law Review 1997 Note RACIAL DIVERSITY AS A COMPELLING GOVERNMENTAL INTEREST Robert J. Donahue [FNa1... 1997
Andy Portinga Racial Diversity in Residential Communities: Societal Housing Patterns and a Proposal for a "Racial Inclusionary Ordinance"ddd' 75 University of Detroit Mercy Law Review 73 (Fall 1997) In March of 1996, the Fifth Circuit offered the latest significant judicial opinion in the battle over affirmative action. In Hopwood v. Texas, the court ruled that the University of Texas Law School violated the Equal Protection Clause by operating dual admissions systems for minority and non-minority students. With this decision, the Fifth; Search Snippet: ...LAW REVIEW University of Detroit Mercy Law Review Fall 1997 RACIAL DIVERSITY AS A COMPELLING GOVERNMENTAL INTEREST Andy Portinga [FNa1] Copyright... 1997
Kevin R. Johnson Racial Horizons and Empirical Landscapes in the Post-aca World 76 Oregon Law Review 347 (Summer 1997) A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996; Search Snippet: ...One: Race, Citizenship, and Political Community Within the Nation-State RACIAL HIERARCHY, ASIAN AMERICANS AND LATINOS AS FOREIGNERS, AND SOCIAL CHANGE... 1997
Nancy A. Denton Racial Identity and the State: the Dilemmas of Classification 15 Law & Inequality: A Journal of Theory and Practice 83 (Winter 1997) The issues that Michael Omi raises in his essay regarding the inadequacy and inaccuracy of the racial/ethnic categories used by the U.S. Census Bureau are troubling to me and to many other demographers. As Omi points out, our initial response is to defend the categories and to want to preserve them so that we can continue to measure change, be it... 1997
Michael Omi Racial Identity Performance and Employment Discrimination Law 15 Law & Inequality: A Journal of Theory and Practice Ineq. 7 (Winter 1997) The February 1995 Chronicle of Higher Education featured an article on racial classification and the sciences which highlighted an interesting dilemma facing scientists in the United States. On one hand, scientists routinely use racial categories in their research and regularly make comparisons between the races with respect to health, behavior,... 1997
Sheldon M. Novick Racial Imbalance Feeds School-to-prison Pipeline 22 Vermont Law Review 383 (Winter, 1997) These remarks are offered to express my regret that this symposium was held and that its proceedings are being published. The subject of much of the discussion was not an observable phenomenon capable of study, but a stereotyped image of the criminal, a person supposed to be different in some essential way from normal folk, an image that exists... 1997
Kristie Ann Rooney Racial Matching Vs. TransRacial Adoption: Proposing a Compromise in the Best Interests of Minority Children 53 Journal of the Missouri Bar 32 (January/February, 1997) The debate over transracial adoption in this country has the widespread attention of both legal scholars and the media. While the term transracial adoption applies generally to any adoption in which the child is of a different race than the adoptive parents, the controversy centers around the placement of black or biracial children with white; Search Snippet: ...MISSOURI BAR Journal of the Missouri Bar January/February, 1997 RACIAL MATCHING VS. TRANSRACIAL ADOPTION: AN OVERVIEW OF THE TRANSRACIAL ADOPTION... 1997
Charles Smith Racism and Health Care in America: Legal Responses to Racial Disparities in the Allocation of Kidneys 8 Stanford Law and Policy Review 61 (Summer, 1997) Regional and local strategies for achieving racial integration have not received much attention in academic research, institutional policy debate, or community discourse. The ambiguity of and relative unease with the term integration, particularly in the context of race relations, as well as the impact of racism itself on academics, policymakers,; Search Snippet: ...POLICY REVIEW Stanford Law and Policy Review Summer, 1997 Symposium RACISM AND COMMUNITY PLANNING: BUILDING EQUITY OR WAITING FOR EXPLOSIONS Charles... 1997
Thomas J. Nolan Racism in the Insanity Defense 20 Harvard Journal of Law & Public Policy 417 (Winter, 1997) Incarcerated citizens are citizens with rights. Yet too often their treatment, like that of many people accused or convicted of crimes, is inconsistent with their guaranteed liberties. Especially if they are black, they can be shut away in a prison warehouse, at great cost to the state, leaving behind families that must fend for themselves. Chief; Search Snippet: ...for All? Racial Minorities, Crime Victims, and the Local Community RACISM IN THE CRIMINAL JUSTICE SYSTEM: PROBLEMS AND SUGGESTIONS Thomas J... 1997
George Anastaplo Racism, Political Correctness, and Constitutional Law: a Law School Case Study 42 South Dakota Law Review 108 (1997) Soft you! A word or two before you go. I have done the state some service, and they know't. No more of that. --Othello C1-2TABLE OF CONTENTS Prologue (February 14, 1997). 109 1. Sensitive Subjects (a memorandum to the Dean, November 1, 1995). 111 2. The Use and Abuse of Perceptions' (a memorandum to the Faculty, November 7, 1995). 112 Addendum:; Search Snippet: ...Rev. 108 1997 WL 209507 South Dakota Law Review 1997 RACISM, POLITICAL CORRECTNESS, AND CONSTITUTIONAL LAW: A LAW SCHOOL CASE STUDY... 1997
Nelson Ebaugh Reflections on a Funhouse Mirror--Racist Violence, the Protection of Privilege, and the Limits of Tolerance 33 Tulsa Law Journal 613 (Winter 1997) Supporters of the Voting Rights Act (VRA) should find comfort in what so decisively divides the Supreme Court in Bush v. Vera, one of its most recent racial gerrymander decisions. Until the announcement of Bush v. Vera, many commentators expressed legitimate concern that the racial gerrymander claim would roll back much of the VRA's progress. The; Search Snippet: ...Tulsa Law Journal Winter 1997 December, 1997 Note REFINING THE RACIAL GERRYMANDERING CLAIM: BUSH v. VERA Nelson Ebaugh Copyright (c) 1997... 1997
The Honorable Sharon E. Grubin, Co-Chair, The Honorable John M. Walker, Jr., Co-Chair Report of the Working Committees to the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts 1997 Annual Survey of American Law L. 9 (1997) Preface. 11 Chapter One Introduction. 19 A. The Task Force, The Committees, and Their Methods. 19 B. Diversity. 21 C. The Objective of the Task Force Study. 22 Chapter Two A Brief Description of the Circuit and Its Caseload. 23 A. New York, Connecticut, and Vermont. 24 B. The Caseload. 25 Chapter Three A Profile of Article III Judges, Bankruptcy; Search Snippet: ...Report REPORT OF THE SECOND CIRCUIT TASK FORCE ON GENDER, RACIAL, AND ETHNIC FAIRNESS IN THE COURTS The Honorable Sharon E... 1997
  Re-reading Justice Harlan's Dissent in Plessy V. Ferguson: Freedom, AntiRacism, and Citizenship 1997 Annual Survey of American Law 117 (1997) BACKGROUND OF THE TASK FORCE. 124 Section I INTRODUCTION. 126 Section II A SOCIAL AND DEMOGRAPHIC PROFILE OF THE SECOND CIRCUIT. 133 A. AN OVERVIEW OF THE SECOND CIRCUIT. 133 1. Facts About the Region: Geography and Population Density. 133 2. Economic Base. 135 3. The Population. 137 B. THE COURTS OF THE SECOND CIRCUIT: WHAT IS THE CASELOAD?. 139; Search Snippet: ...WORKING COMMITTEES TO THE SECOND CIRCUIT TASK FORCE ON GENDER, RACIAL AND ETHNIC FAIRNESS IN THE COURTS Copyright (c) 1997 Annual... 1997
Jon P. Tasso Restraining the Heartless: Racist Speech and Minority Rights 64 University of Chicago Law Review 349 (Winter 1997) In the late 1980s, Rock Against Racism, a concert organizer, had a penchant for producing noisy concerts in New York City's Central Park. The City responded by promulgating a use guideline that required concert producers in the Park to use a sound technician employed by the City's Department of Parks and Recreation. Rather than allow the City to; Search Snippet: ...RESTORING LESS-SPEECH-RESTRICTIVE ALTERNATIVES AFTER WARD V ROCK AGAINST RACISM Jon P. Tasso [FNd1] Copyright (c) 1997 University of Chicago... 1997
Reviewed by Richard Delgado Ronald W. Walters, the Price of Racial Reconciliation, Ann Arbor: University of Michigan Press, 2008. Pp. 249. $29.95 (Isbn 978-0-472-11530-3) 75 Texas Law Review 1181 (April 1, 1997) Rodrigo, here I am, I announced, raising my voice over the din of the airport loudspeaker and voices of fellow passengers waiting at curbside. How kind of you to pick me up. No problem. Giannina's back home, reviewing for a midterm. Here, let me take that bag. Nice car, I said. Did you have it last time? No, it's new. We tried doing; Search Snippet: ...Texas Law Review April 1997 Book Review RODRIGO'S FIFTEENTH CHRONICLE: RACIAL MIXTURE, LATINO-CRITICAL SCHOLARSHIP, AND THE BLACK-WHITE BINARY All... 1997
Richard Fossey, J.D., Ed.D. and Elizabeth Kemper Shelby County V. Holder: a Critical Analysis of the Post-Racial Movement's Relationship to Bystander Denial and its Effect on Perceptions of Ongoing Discrimination in Voting 121 West's Education Law Reporter 461 (December, 1997) Whether . segregation came about through the chance of historical boundaries or economic forces beyond the control of the state or whether it came about through private decisions . what matters is that it is here and must be dealt with. Connecticut Governor Lowell Weicker Forty years after the Supreme Court outlawed segregated schools in Brown v.... 1997
David Flickinger Standing While Black: Distinguishing Lyons in Racial Profiling Cases 49 Stanford Law Review 381 (January, 1997) In Shaw v. Reno, the Supreme Court introduced a new cause of action for those challenging racially motivated redistricting plans. Its opinions in two of last Term's cases demonstrate that the Court is still struggling to refine its approach to racial gerrymandering. However, despite considerable scholarly attention, the Court has yet to define; Search Snippet: ...LAW REVIEW Stanford Law Review January, 1997 Note STANDING IN RACIAL GERRYMANDERING CASES David Flickinger [FNa] Copyright (c) 1997 Board of... 1997
  State Constitutional Analysis of Pretext Stops: Racial Profiling and Public Policy Concerns 76 Michigan Bar Journal 930 (September, 1997) The State Bar of Michigan, Detroit Metropolitan Bar Association and Wolverine Bar Association recalled a historic decision of the United States Supreme Court striking down racial covenants in housing agreements on August 12. Striking Racial Covenants, the 25th Michigan Legal Milestone, was dedicated in a ceremony that began at 11 a.m. at the new... 1997
  Statistical Aspects of Cases Concerning Racial Discrimination in Drug Sentencing: Stephens V. State and U.s. V. Armstrong 1997 Annual Survey of American Law 529 (1997) I. ASSIGNMENT AND MATERIALS RECEIVED. 529 II. METHODOLOGY. 530 III. SUMMARY OF FINDINGS. 532 A. PROMOTIONS. 532 B. HIRES. 537 C. TERMINATIONS. 540 D. WORKFORCE. 543 IV. SUMMARY TABLES AND APPENDICES. 548 We were asked by the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts to undertake a statistical analysis of the; Search Snippet: ...STATISTICAL ANALYSIS FOR THE SECOND CIRCUIT TASK FORCE ON GENDER, RACIAL AND ETHNIC FAIRNESS IN THE COURTS Copyright (c) 1997 Annual... 1997
Joseph L. Gastwirth , Tapan K. Nayak Statistical Evidence of Racially Polarized Voting in the Obama Elections, and Implications for Section 2 of the Voting Rights Act 87 Journal of Criminal Law and Criminology 583 (Winter 1997) Statistical evidence has been accepted in a wide variety of legal cases, including trademark confusion, product liability, and jury and employment discrimination. Recently, statistics introduced on behalf of defendants who have challenged the fairness of sentencing practices have been poorly received by courts, as compared to their acceptability in; Search Snippet: ...and Criminology Winter 1997 Criminology STATISTICAL ASPECTS OF CASES CONCERNING RACIAL DISCRIMINATION IN DRUG SENTENCING: STEPHENS v. STATE AND U.S. v... 1997
Douglas W. Kmiec The Abyss of Racism 11 Notre Dame Journal of Law, Ethics & Public Policy 1 (1997) This volume is about race. In the Catholic, if not larger Judeo-Christian tradition, race is morally irrelevant. We are all created in God's image, and therefore skin color tells us nothing about a person's intellectual, spiritual, or moral worth. And yet, race is not unknown to our lives. Census data, rates of illegitimacy, school admissions,... 1997
Juan F. Perea The Blame Frame: Justifying (Racial) Injustice in America 85 California Law Review 1213 (October, 1997) The Black/White Binary Paradigm of race has become the subject of increasing interest and scrutiny among some scholars of color. This Article uses Thomas Kuhn's notions of paradigm and the properties of paradigms to explore several leading works on race. The works the author explores demonstrate the Black/White paradigm of race and some of its; Search Snippet: ...WHITE BINARY PARADIGM OF RACE: THE NORMAL SCIENCE OF AMERICAN RACIAL THOUGHT Juan F. Perea [FNd1] Copyright (c) 1997 California Law... 1997
John A. Powell The Colors of Cannabis: Reflections on the Racial Justice Implications of California's Proposition 64 31 University of San Francisco Law Review 789 (Summer 1997) THIS PAPER WILL briefly touch on some of the ways we think about race and, more particularly, racial categories. Despite our obsession with race--which sometimes takes the form of race aversion--our national discourse is disturbingly confused, charged, and often unproductive. Our language often seems wooden and rehearsed, and the way that we... 1997
Devon W. Carbado The Continuing Significance of Race: Official Legislative Racial Discrimination in Louisiana 1861 to 1974 32 Harvard Civil Rights-Civil Liberties Law Review 49 (Winter, 1997) Nicole Brown Simpson's memory [as an abused ex-wife and murder victim] is conceptually, if paradoxically, linked to the invisibility of black and poorer white women who die at the hands of their spouses. --Patricia J. Williams When the names Rodney King, O.J. Simpson, Mike Tyson, Marion Barry and even Clarence Thomas become symbolic, like; Search Snippet: ...Review Winter, 1997 THE CONSTRUCTION OF O.J. SIMPSON AS A RACIAL VICTIM [FNa1] Devon W. Carbado [FNaa1] Copyright (c) 1997 by... 1997
Christine B. Hickman The Devil in the Details: on Intelligent Design, Racial Conspiracy Theories, and the Theology of Whiteness 95 Michigan Law Review 1161 (March, 1997) C1-3Table of Contents Introduction. 1163 I. Treatment of Mixed-Race People: The Early Legal Record. 1171 A. The First African Americans and the First Race Mixing. 1172 B. Mulattoes: Black by Law. 1174 C. A Study in Contrasts: Exclusion of Mulattoes from De Crevecoeur's New Race of Men'. 1180 D. The Census and the Mulatto Category, 1850-1910. 1182; Search Snippet: ...Review March, 1997 THE DEVIL AND THE ONE DROP RULE: RACIAL CATEGORIES, AFRICAN AMERICANS, AND THE U.S. CENSUS Christine B. Hickman... 1997
Paul Lansing , John D. Bailey The Fate of Black Youth in the Criminal Justice System: the Racially Discriminatory Implications of Prosecutorial Discretion and Juvenile Waiver 76 Nebraska Law Review 653 (1997) I. Introduction. 653 II. Background. 656 A. The Arrest. 658 B. The Charges in Germany. 660 C. The Extradition. 661 D. Applicable Danish Law. 663 E. The Trial. 663 III. Lauck's Extradition Under International Law. 665 A. Article 2 of the European Convention on Extradition. 666 B. Article 3 of the European Convention on Extradition. 667 1. Pure; Search Snippet: ...THE FARMBELT FUEHRER: CONSEQUENCES OF TRANSNATIONAL COMMUNICATION OF POLITICAL AND RACIST SPEECH Paul Lansing [FNa1] John D. Bailey [FNaa1] Copyright ©... 1997
Walter J. Walsh The Fha's Origins: How its Valuation Method Fostered Racial Segregation and Suburban Sprawl 40 Howard Law Journal 513 (Winter 1997) Tyger! Tyger! burning bright In the forest of the night, What immortal hand or eye Dare frame thy fearful symmetry? A decade has now passed since Julia Cooper Mack authored her most controversial judicial opinion, Gay Rights Coalition of Georgetown University Law Center v. Georgetown University. That opinion provoked two acts of Congress aimed at... 1997
James Jennings The Interplay of Editorial and Prosecutorial Discretion in the Perpetuation of Racism in the Criminal Justice System 40 Howard Law Journal 597 (Spring 1997) From July 23 to 25, 1900, thirty-two individuals from around the world gathered in London at the behest of Trinidadian barrister Henry Sylvester-Williams. The purpose of this meeting was to bring together delegates to serve under the first Pan-African Congress. At this meeting a Committee on Address to the Nations of the World was appointed with; Search Snippet: ...THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: IMPLICATIONS FOR CHALLENGING RACIAL HIERARCHY James Jennings [FNa1] Copyright (c) 1997 Howard University School... 1997
J. Randy Sawyer The Last Minstrel Show? Racial Profiling, the War on Terrorism and the Mass Media 7 Seton Hall Constitutional Law Journal 663 (Winter 1997) Currently pending before the New Jersey Supreme Court is a challenge to the constitutionality of the New Jersey Death Penalty Act. The challenge asserts that New Jersey juries impose the sentence of death more often on black defendants than non-black defendants. A similar challenge was rejected by the United States Supreme Court in McCleskey v; Search Snippet: ...STATES SUPREME COURT AND NEW JERSEY SUPREME COURT APPROACHES TO RACIAL BIAS IN THE IMPOSITION OF THE DEATH PENALTY J. Randy... 1997
Enid Trucios-Gaynes The Legalization of Racism in a Constitutional State: Democracy's Suicide in Vichy France 76 Oregon Law Review 369 (Summer 1997) the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... 1997
Davison M. Douglas The Limits of Liberal Inclusivity: How Defining Islamophobia Normalizes Anti-muslim Racism 44 UCLA Law Review 677 (February, 1997) L1-2Introduction 678. I. Legal Restraints on School Segregation in the Nineteenth-Century North. 684 A. Enactment of Antisegregation Legislation. 687 1. New Jersey. 687 2. Pennsylvania. 690 3. Ohio. 692 4. Illinois. 695 B. African-American Attitudes Towards School Segregation. 697 C. Enforcement of Antisegregation Legislation. 701 II. The; Search Snippet: ...Law Review February, 1997 THE LIMITS OF LAW IN ACCOMPLISHING RACIAL CHANGE: SCHOOL SEGREGATION IN THE PRE-BROWN NORTH Davison M... 1997
Elissa Krauss , Martha Schulman The Myth of the Superspade: the Persistence of Racism in College Athletics 7 Cornell Journal of Law & Public Policy 57 (Fall 1997) In recent years, African-American (and other minority) jurors have regularly been accused of judging cases on preconceived race-based notions about justice rather than on the evidence. Anecdotal accounts of a handful of allegedly race-based acquittals are bolstered by statistics claiming to show higher rates of acquittal and hung juries in; Search Snippet: ...Role of the Jury THE MYTH OF BLACK JUROR NULLIFICATION: RACISM DRESSED UP IN JURISPRUDENTIAL CLOTHING Elissa Krauss [FNd1] Martha Schulman... 1997
Laura Logiudice The Never Ending Tale: Racism and Inequality in the Era of Broken Windows 7 Seton Hall Constitutional Law Journal 617 (Winter 1997) At some point, the vast majority of citizens receive the dreaded jury duty notice, requesting jury service on either the federal or state level. For many, the one and only thought after receiving such a notice is to somehow avoid the request. Interestingly, a prospective juror may be excused from jury duty exclusive of their own volition, through; Search Snippet: ...1997 Comment THE NEVER ENDING STORY OF THE PEREMPTORY CHALLENGE: RACIAL DISCRIMINATION IN THE NEW JERSEY JURY SYSTEM Laura Logiudice Copyright... 1997
W. Dennis Keating The Penology of Racial Innocence: the Erasure of Racism in the Study and Practice of Punishment 45 Cleveland State Law Review 235 (1997) I. Introduction. 235 II. United States v. Parma: The Fair Housing Lawsuit (1973-1980). 237 III. The Original Remedy: 1980-1982. 239 IV. Implementation of the Original Remedy (1982-1996). 241 V. The New Remedy: 1996. 243 VI. Conclusion. 248; Search Snippet: ...LAW REVIEW Cleveland State Law Review 1997 THE PARMA HOUSING RACIAL DISCRIMINATION REMEDY REVISITED W. Dennis Keating [FN1] Copyright (c) 1997... 1997
R. Richard Banks The Political Roots of Racial Tracking in American Criminal Justice. By Nina M. Moore. New York: Cambridge University Press, 2015. 406 Pp. $30.99 Paperback 9 Yale Journal of Law & the Humanities 217 (Winter 1997) Much of contemporary legal scholarship expresses a narrative impulse. Eschewing the traditional norms and forms of legal scholarship, many professors have turned to storytelling to capture issues not easily elucidated through more conventional approaches. Although the narrative approach has recently come to prominence through the writings of; Search Snippet: ...the Humanities Winter 1997 Book Review THE POLITICAL ECONOMY OF RACIAL DISCOURSE Harlon L. Dalton, Racial Healing: Confronting the Fear Between Blacks and Whites. New York... 1997
Bill Quigley , Maha Zaki The Sin of Racism: Comments on the Remarks of Chancellor Julius Chambers 24 Southern University Law Review 145 (SPRING 1997) C1-3Table of Contents I. Introduction. 146 II. Territorial Laws of Louisiana: 1803-1812. 147 A. Black Code of 1806. 147 B. Digest of 1808. 153 C. Other Territorial Statutes. 155 III. Statehood to Conclusion of the Civil War: 1812-1865. 157 A. Constitutional Provisions. 157 B. Slavery and Black codes. 159 C. Civil Code of 1825. 172 D. Slaves as; Search Snippet: ...University Law Review SPRING 1997 THE SIGNIFICANCE OF RACE: LEGISLATIVE RACIAL DISCRIMINATION IN LOUISIANA, 1803-1865 Bill Quigley [FN1] Maha Zaki... 1997
Jeffrey L. Fisher The Use of Racial Preferences in Public Procurement for Social Stability 95 Michigan Law Review 1404 (March, 1997) Like it or not, the attack on bizarrely shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races; Search Snippet: ...1997 Note THE UNWELCOME JUDICIAL OBLIGATION TO RESPECT POLITICS IN RACIAL GERRYMANDERING REMEDIES Jeffrey L. Fisher Copyright (c) 1997 Michigan Law... 1997
Gay J. McDougall Toward a Structural Theory of Implicit Racial and Ethnic Bias in Health Care 40 Howard Law Journal 571 (Spring 1997) Racism has always been America's Achilles heel in international relations. African-Americans have a long history of appeals to the international community--and its judicial bodies--for redress of racist practices in the U.S. However, from the days of the slave trade to more modern instances of police brutality, including the assault against Rodney; Search Snippet: ...DOMESTIC RELEVANCE OF INTERNATIONAL EFFORTS TO ELIMINATE ALL FORMS OF RACIAL DISCRIMINATION Gay J. McDougall [FNa1] Copyright (c) 1997 Howard University... 1997
Saul Green and Dawn Van Hoek Unfinished Business: the Bush Administration and Racial Preferences 76 Michigan Bar Journal 938 (September, 1997) Not quite a decade ago, after a two-year investigatory effort, a blue-ribbon group of lawyers and judges reached a troubling conclusion: racial, ethnic and gender bias exists in the justice system, affecting citizens, litigants and lawyers alike. The work of the Michigan Supreme Court's Task Forces on Racial/Ethnic and Gender Issues in the Courts; Search Snippet: ...September, 1997 Feature State of the State Bar UNFINISHED BUSINESS: RACIAL, ETHNIC AND GENDER ISSUES STILL CONFRONT BENCH AND BAR Saul... 1997
Michelle Deluca Where to Draw the Line: the Egregiousness Standard in the Application of the Fourth Amendment in Immigration Proceedings and the Racial Profiling Exception 48 South Carolina Law Review 415 (Winter 1997) I. Introduction In Smith v. Beasley the United States District Court for the District of South Carolina considered the constitutionality of three South Carolina Senate and nine House of Representatives election districts. Ultimately, the court held that six of the house districts and three senate districts were unconstitutional because they; Search Snippet: ...WHERE SHOULD WE DRAW THE LINE?: SOUTH CAROLINA'S BATTLE WITH RACIAL GERRYMANDERING Michelle Deluca Copyright (c) 1997 University of South Carolina... 1997
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