| Author | Title | Citation | Summary | Year |
| Randall L. Kennedy |
Equal Opportunity, Not Equal Results: Benign Racial Favoritism to Remedy Mere Statistical Disparate Impact Is Never Constitutionally Permissible |
81-DEC ABA Journal 37 (December, 1995) |
What does it mean to have a jury of your peers? The Supreme Court held in the 1986 Batson decision that peremptory challenges cannot be used to exclude jurors on the basis of race. But some scholars would like to take that a step further and grant minority defendants a right to juries with minority representation. In an age where accusations of... |
1995 |
| Frank R. Parker |
Georgetown Hallways |
1995-96 Preview of United States Supreme Court Cases 137 (November 17, 1995) |
The Texas legislature in 1991 drew three new congressional districts that were based on race, but also on protection of incumbents and other nonracial factors. At issue in this case is whether the use of nonracial factors, such as incumbent protection, makes race less than a predominant factor in redistricting and, if not, whether the new districts... |
1995 |
| Hugh J. Marbury |
Heading Back to the Thicket |
28 Vanderbilt Journal of Transnational Law 251 (March, 1995) |
During the last decade, the United Nations and other international organizations have been struggling with the issue of hazardous waste exportation to developing countries. At the same time, the United States has been grappling with environmental racism. However, critics of both hazardous waste exportation and environmental racism have overlooked; Search Snippet: ...1995 Note HAZARDOUS WASTE EXPORTATION: THE GLOBAL MANIFESTATION OF ENVIRONMENTAL RACISM Hugh J. Marbury Copyright (c) 1995 by the Vanderbilt University... |
1995 |
| Lino A. Graglia |
Hopwood V. Texas: the Beginning of the End for Racial Preference Programs in Higher Education |
45 Journal of Legal Education 79 (March, 1995) |
For over twenty-five years, the University of Texas School of Law has practiced affirmative action-a euphemism for racial discrimination-in admissions in order greatly to increase the number of blacks and Mexican-Americans in the entering class. In Hopwood v. Texas, four white applicants denied admission, who would have been automatically; Search Snippet: ...EDUCATION Journal of Legal Education March, 1995 HOPWOOD v. TEXAS: RACIAL PREFERENCES IN HIGHER EDUCATION UPHELD AND ENDORSED Lino A. Graglia... |
1995 |
| |
Iii. Prosecutor must Meet Heightened Burden in Demonstrating Racially Neutral Explanation for Use of Peremptory Strikes |
20 University of Dayton Law Review 653 (Winter 1995) |
In April 1994, the House of Representatives approved H.R. 4092, known as the Racial Justice Act (RJA), as part of its omnibus Crime Bill. This was the second time the Racial Justice Act had passed the full House, the first being in 1990 as part of the Comprehensive Crime Control Act. The 1994 version of the Racial Justice Act met with the same fate; Search Snippet: ...Crime Control and Law Enforcement Act of 1994 II. THE RACIAL JUSTICE ACT Copyright (c) 1995 University of Dayton Law Review... |
1995 |
| Bill Ong Hing |
In the Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending under a New Theory of Economic Hate Crime |
47 Stanford Law Review 901 (May 1, 1995) |
Traditional legal ethics require a lawyer to defer to her client's wishes as long as they are within legal bounds. If an attorney is aware that a course of action chosen by the client may have negative effects on others or on society, she may counsel her client to not pursue such an action, but if the client refuses, the lawyer must acquiesce to... |
1995 |
| Florence Wagman Roisman |
Internal Revenue Service--tax Exemptions--irs Acted Within its Authority in Determining That Racially Discriminatory Non-profit Private Schools Are Not "Charitable" Institutions Entitled to Tax-exempt Status |
143 University of Pennsylvania Law Review 1351 (May, 1995) |
Schill and Wachter's The Spatial Bias of Federal Housing Law and Policy: Concentrated Poverty in Urban America is a rich and stimulating article on a vitally important topic: the role of federal housing law and policy in creating the concentrations of poverty that devastate our society. The authors of this article and the organizers of this; Search Snippet: ...Symposium: Shaping American Communities: Segregation, Housing & The Urban Poor INTENTIONAL RACIAL DISCRIMINATION AND SEGREGATION BY THE FEDERAL GOVERNMENT AS A PRINCIPAL... |
1995 |
| Asher D. Isaacs |
InterRacial Marriage in the Shadows of Jim Crow: Racial Segregation as a System of Racial and Gender Subordination |
14 National Black Law Journal 126 (Fall 1995) |
I am the product of an interracial adoption. My birth father is Black and my birth mother is white. At the age of eighteen months, I was adopted by a white Jewish family which lived in a predominately white suburb of Buffalo, New York. My adoptive parents believed that the world should be color blind, so they raised me in the same way as they did; Search Snippet: ...Black Law Journal Fall 1995 INTERRACIAL ADOPTION: PERMANENT PLACEMENT AND RACIAL IDENTITY -- AN ADOPTEE'S PERSPECTIVE Asher D. Isaacs [FNa1] Copyright ©... |
1995 |
| Richard Klein |
Law and the Boundaries of Place and Race in InterRacial Marriage: Interstate Comity, Racial Identity, and Miscegenation Laws in North Carolina, South Carolina, and Virginia, 1860's-1960's |
18 Hastings International and Comparative Law Review 223 (Winter, 1995) |
As 1997 nears, and the British government prepares to hand over land it has ruled since 1842 to the People's Republic of China, the nature of the British control of Hong Kong -- a world renowned symbol of capitalism -- must be understood. The British portrayal of themselves, in these final years of governance, as the promoters and champions of; Search Snippet: ...Hastings International and Comparative Law Review Winter, 1995 LAW AND RACISM IN AN ASIAN SETTING: AN ANALYSIS OF THE BRITISH RULE... |
1995 |
| Aimee D. Latimer |
Miller-el |
27 Loyola University Chicago Law Journal 97 (Fall, 1995) |
The Fourteenth and Fifteenth Amendments to the United States Constitution guarantee all Americans in the United States equal protection under the laws and the right to vote. Despite the passage of these amendments, historically, African Americans suffered from widespread discrimination in the voting process. Only after the passage of the Voting... |
1995 |
| Debra L. Dailey |
Minnesota's Felon Disenfranchisement: an Historical Legal Relic, Rooted in Racism, That Fails to Satisfy a Legitimate Penological Interest |
1995 Federal Sentencing Reporter 843517 (October 1, 1995) |
Minnesota's guidelines were created to embody the principle that sentencing should be neutral with respect to the race, gender, social, and economic status of convicted felons. Despite this goal, there is widespread reluctance in Minnesota, as in other places, to discuss issues surrounding race in the criminal justice system. This stems from many; Search Snippet: ...October, 1995 DEBRA L. DAILEY MINNESOTA'S CONTINUING EFFORTS TO ADDRESS RACIAL DISPARITIES IN SENTENCING October 1, 1995 Debra L. Dailey [FN... |
1995 |
| Linda L. Ammons |
MultiRacial Identity, MonoRacial Authenticity & Racial Privacy: Towards an Adequate Theory of MultiRacial Resistance |
1995 Wisconsin Law Review 1003 (1995) |
Introduction. 1004 I. Battered Woman Syndrome and Post-traumatic Stress Disorder. 1008 A. Plight of Battered Black Women. 1017 II. The African Woman in America. 1030 A. Paternalism, Pedestals and Presumptions: No Mirror Images for African-American Women. 1034 III. Stereotypes: The Impact of Historical Cultural Representations. 1045 IV. Stereotypes; Search Snippet: ...Wisconsin Law Review 1995 MULES [FNa] , MADONNAS, BABIES, BATH WATER, RACIAL IMAGERY AND STEREOTYPES: THE AFRICAN -AMERICAN WOMAN AND THE BATTERED... |
1995 |
| Robert J. Cottrol , Raymond T. Diamond |
Never Intended to Be Applied to the White Population: Firearms Regulation and Racial Disparity -- the Redeemed South's Legacy to a National Jurisprudence? |
70 Chicago-Kent Law Review 1307 (1995) |
I know something of the history of this legislation. The original Act of 1893 was passed when there was a great influx of negro laborers in this State drawn here for the purpose of working in turpentine and lumber camps. . . . [[[T]he Act was passed for the purpose of disarming the negro laborers and to thereby reduce the unlawful homicides that; Search Snippet: ...TO BE APPLIED TO THE WHITE POPULATION: FIREARMS REGULATION AND RACIAL DISPARITY -- THE REDEEMED SOUTH'S LEGACY TO A NATIONAL JURISPRUDENCE? [Fna... |
1995 |
| Carrie E. Johnson |
Policy Reform at the Forefront of Racial Justice |
10 Berkeley Women's Law Journal 134 (1995) |
The welfare state is not just a mechanism that intervenes in, and possibly corrects, the structure of inequality; it is, in its own right, a system of stratification. It is an active force in the ordering of social relations. The persistent correlation between race and economic prosperity is undeniable. Historically, African Americans have been... |
1995 |
| Leroy D. Percy |
Popular Memory, "Revisionism," and the Process of Justice |
65 Mississippi Law Journal 385 (Winter 1995) |
Gerrymandering is the process by which lawmakers, when reapportioning voting districts, manipulate district boundaries and place certain voters in certain districts to secure a desired result in elections. This comment deals with two types of gerrymandering, political and racial, both of which the United States Supreme Court has found in certain; Search Snippet: ...Mississippi Law Journal Winter 1995 December, 1995 Comments POLITICAL AND RACIAL GERRYMANDERING: A PROPOSAL FOR COMPARABLE CAUSES OF ACTION Leroy D... |
1995 |
| Chaka M. Patterson |
Race and the Jury: Racial Influences on Jury Decision-making in Death Penalty Cases |
2 Texas Wesleyan Law Review 45 (Summer, 1995) |
This article discusses the tension between individualized justice and equality in death penalty cases, and how the defendant's race influences these decisions. Racially neutral standards ensure some notion of equality and fair treatment, but at the expense of losing individualization. This pressure is similar to the tension manifested in the... |
1995 |
| Charles Lewis Nier III |
Racial Hierarchy, Asian Americans and Latinos as "Foreigners," and Social Change: Is Law the Way to Go? |
13 Dickinson Journal of International Law 241 (Winter, 1995) |
I. Introduction On the night of October 29, 1993, several members of the U.S. luge team went to a pub to celebrate a teammate's birthday. The team was in Oberhof, Germany, a small town about 150 miles southwest of Berlin, to train for the World Cup tour and the 1994 Winter Olympic games. Shortly after arriving at the bar, Duncan Kennedy was alerted; Search Snippet: ...OF INTERNATIONAL LAW Dickinson Journal of International Law Winter, 1995 RACIAL HATRED: A COMPARATIVE ANALYSIS OF THE HATE CRIME LAWS OF... |
1995 |
| Anthony D. Taibi |
Racial Justice in the New Millennium; from Brown to Grutter: Methods to Achieve Non-discrimination and Comparable Racial Equality |
44 Duke Law Journal 928 (March, 1995) |
When a struggle can be resolved legally, it is certainly not dangerous; it becomes so precisely when the legal equilibrium is recognised to be impossible. (Which does not mean that by abolishing the barometer one can abolish bad weather.) Antonio Gramsci We are in the midst of radical changes in the structure of the economy and social life, changes... |
1995 |
| Jeffrey P. Lisenby |
Racial Preference and Affirmative Action in Law School Admissions: Reactions from Minnesota Law Schools and Ramifications for Higher Education in the Wake of Grutter V. Bollinger |
46 Alabama Law Review 641 (Winter 1995) |
Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. The right to vote is the citizen's source of power in a democracy. The United States Supreme Court has deemed this right fundamental . . . because (it is) preservative of all rights. Although the majority rule of democracy may operate to exclude minority; Search Snippet: ...293199 ALABAMA LAW REVIEW Alabama Law Review Winter 1995 Commentary RACIAL POLITICS ALIVE AND WELL IN ALABAMA: THE IMPACT OF RECENT... |
1995 |
| Albert W. Alschuler |
Racial Quotas Versus Seniority Rights |
44 Duke Law Journal 704 (February, 1995) |
Few statements are more likely to evoke disturbing images of American criminal justice than this one: The defendant was tried by an all-white jury. This statement might bring to mind the Scottsboro boys--uneducated African-American youths riding on a freight train through Jackson County, Alabama, in 1931; victors in a fight with white youths on; Search Snippet: ...WL 427638 DUKE LAW JOURNAL Duke Law Journal February, 1995 RACIAL QUOTAS AND THE JURY Albert W. Alschuler [FNd] Copyright ©... |
1995 |
| Paul Butler |
Racially Bias Sat I/act Blocks College Access: Is it Constitutional for College Officials to Condition Admission on a Racially Bias Assessment? |
105 Yale Law Journal 677 (December, 1995) |
Wonders do not confuse. We call them that And close the matter there. But common things surprise us. They accept the names we give with calm, and keep them. Easy-breathing then We brave our next small business. Well, behind Our backs they alter. How were we to know. Gwendolyn Brooks [T]he time that we're living in now is not an era where one who... |
1995 |
| Hava B. Villaverde |
Racism in the Juvenile Justice System: a Critical Perspective |
50 University of Miami Law Review 209 (October, 1995) |
I. Introduction . 209 II. What Does Research Indicate? . 212 A. Population Case Studies . 212 B. Analysis and Changes in State Law . 219 C. Standards and Burdens of Proof . 224 D. Guilty but Mentally Ill . 226 E. Abolishing the Insanity Defense and Reconciling the Results . 227 F. Should the Results Be Any Different? . 229 III. What Does Case Law; Search Snippet: ...LAW REVIEW University of Miami Law Review October, 1995 Comment RACISM IN THE INSANITY DEFENSE Hava B. Villaverde [FNa] Copyright ©... |
1995 |
| Ronald D. Rotunda |
Racist Speech Management: the High Risks of Low Achievement |
6 Professional Lawyer Law. 1 (February, 1995) |
The American Bar Association should be a strong lobbying force for freedom of speech and the First Amendment. Just as the ABA has become a force to educate the general public about the need for the Fifth Amendment and the Fourth Amendment, it should emphasize to the public the need for the First Amendment, even if -- in a given case -- the popular; Search Snippet: ...1995 WL 841556 PROFESSIONAL LAWYER Professional Lawyer February, 1995 Feature RACIST SPEECH AND LAWYER DISCIPLINE Ronald D. Rotunda Copyright (c) 1995... |
1995 |
| |
Scalping the Redskins: Can Trademark Law Start Athletic Teams Bearing Native American Nicknames and Images on the Road to Racial Reform? By Bruce C. Kelber. 17 Hamline Law Review 533-88, Summer 1994. (Order From: Hamline University School of Law, 1536 Hew |
85 The Trademark Reporter 596 (September-October, 1995) |
This student comment advocates cancellation of registrations for Native American names as athletic team trademarks under Section 2(a) of the Lanham Act proscribing immoral, deceptive, scandalous, or disparaging matter. The author believes that use of Native American trademarks such as Redskins® is racist and argues that Section 2(a) is an... |
1995 |
| Paul Siegel |
Secrecy and Dishonesty: the Supreme Court, Racial Preferences, and Higher Education |
9 Notre Dame Journal of Law, Ethics & Public Policy 185 (1995) |
Marine Colonel Fred Peck earned his fifteen minutes of fame back in May of 1993 when he was one of several witnesses testifying before the Senate Armed Services Committee chaired by Senator Sam Nunn of Georgia. Peck's Senate appearance played prominently on the network television news programs. His name and photo adorned front page stories the next; Search Snippet: ...Public Policy 1995 Symposium on Sexual Orientation SECOND HAND PREJUDICE, RACIAL ANALOGIES AND SHARED SHOWERS: WHY DON'T ASK, DON'T TELL WON'T... |
1995 |
| Paul Reidinger |
Setting the Record Straight: a Proposal for Handling Prosecutorial Appeals to Racial, Ethnic or Gender Prejudice During Trial |
81-DEC ABA Journal 86 (December, 1995) |
By Michael Tonry Oxford University Press New York City 209 pages; $25 By Patricia Williams Harvard University Press Cambridge, Mass. 243 pages; $22 If there was a decisive moment in weighting the scales of justice to disfavor African Americans, it occurred during the Reagan administration, argues Michael Tonry in his new book, Malign Neglect; Search Snippet: ...LIVES TWO NEW BOOKS ARGUE THAT PUBLIC POLICY PERPETUATES A RACIAL SCHISM Paul Reidinger Copyright (c) 1995 by the American Bar... |
1995 |
| Mojgan Sasson |
Sheff V. O'neill: the Connecticut Supreme Court Attacks Racial Isolation in the Hartford Schools |
29 New England Law Review 345 (Winter 1995) |
Two of the most sensitive and complex areas in constitutional law intersected in Shaw v. Reno. The two areas were the voting rights of racial minorities and the affirmative action legislation designed to protect those rights. Shaw also proved to be one of the more controversial cases from the United States Supreme Court because, beneath all the... |
1995 |
| Elaine Golin |
Some Are Born White, Some Achieve Whiteness, and Some Have Whiteness Thrust upon Them: Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-five Years after Hernandez V. Texas |
95 Columbia Law Review 1532 (October 1, 1995) |
Administrative Law Judges (ALJs) preside over hundreds of thousands of adjudications every year and their decisions affect the lives of millions of Americans. As the decisionmakers in the on-the-record hearings of federal administrative agencies, ALJs play an important role in overseeing the enforcement of federal law and the distribution of; Search Snippet: ...Review October 1995 Note SOLVING THE PROBLEM OF GENDER AND RACIAL BIAS IN ADMINISTRATIVE ADJUDICATION Elaine Golin Copyright (c) 1995 Directors... |
1995 |
| Frank R. Parker |
The Constitutionality of Racially Integrative Purpose |
3 District of Columbia Law Review Rev. 1 (Spring 1995) |
Redistricting after the 1990 Census resulted in historic increases in the number of majority-black and majority-Hispanic congressional and legislative districts and accompanying advances in the number of black and Hispanic members of Congress and state legislators. State legislatures and federal and state courts created additional majority-minority; Search Snippet: ...Law Review Spring 1995 Voting Rights Symposium THE CONSTITUTIONALITY OF RACIAL REDISTRICTING: A CRITIQUE OF SHAW V. RENO Frank R. Parker... |
1995 |
| David Zonana |
The Elephant in the Room |
1994 Annual Survey of American Law 203 (April, 1995) |
In Batson v. Kentucky, the Supreme Court first placed meaningful restrictions on the exercise of the peremptory challenge. The Court held that the prosecution's use of racially-based strikes against jurors of the defendant's race violated the defendant's Fourteenth Amendment right to equal protection of the laws. Overruling Swain v. Alabama, in; Search Snippet: ...Law April, 1995 Criminal Procedure THE EFFECT OF ASSUMPTIONS ABOUT RACIAL BIAS ON THE ANALYSIS OF BATSON 'S THREE HARMS AND... |
1995 |
| Florence Wagman Roisman |
The Lihtc Program, Racially/ethnically Concentrated Areas of Poverty, and High-opportunity Neighborhoods |
81 Iowa Law Review 479 (December, 1995) |
The current debate about the under class has been given new shape and direction by American Apartheid: Segregation and the Making of the Under class, which argues that residential racial segregation is a principal cause of the deleterious conditions associated with the under class concept. Written by Professors Douglas S. Massey and Nancy A; Search Snippet: ...OF AMERICAN APARTHEID: THE NECESSITY AND MEANS OF PROMOTING RESIDENTIAL RACIAL INTEGRATION Florence Wagman Roisman [FNa1] Copyright (c) 1995 by the... |
1995 |
| Timothy Davis |
The National Collegiate Athletic Association's Quest to Educate the Student-athlete: Are the Academic Eligibility Requirements an Attempt to Foster Academic Integrity or Merely to Promote Racism? |
22 Fordham Urban Law Journal 615 (Spring, 1995) |
L1-5,T1INTRODUCTION. 616 I. L2-5,T2HISTORICAL BACKGROUND. 623 A. L3-5,T3Early Years: Exclusion and Overt Discrimination. 623 1. L4-5,T4Formal Rules of Exclusion. 624 2. L4-5,T4Informal Rules of Discrimination. 626 3. L4-5,T4The Black Athlete as an Outsider. 630 B. L3-5,T3The Post World War II Era: From Overt to CovertRacism. 633 II; Search Snippet: ...Spring, 1995 THE MYTH OF THE SUPERSPADE: THE PERSISTENCE OF RACISM IN COLLEGE ATHLETICS Timothy Davis [FNa] Copyright (c) 1995 Fordham... |
1995 |
| Don Edwards , John Conyers, Jr. |
The Racial Justice Act and the Long Struggle with Race and the Death Penalty in North Carolina |
20 University of Dayton Law Review 699 (Winter 1995) |
On September 13, 1994, President Clinton signed into law the Violent Crime Control and Law Enforcement Act, a sweeping piece of legislation designed to address the perceived increase in violent crime in the United States. Missing from this legislation was the Racial Justice Act, which would have addressed the fact that the criminal justice system; Search Snippet: ...Enforcement Act of 1994 II. The Racial Justice Act THE RACIAL JUSTICE ACT-- A SIMPLE MATTER OF JUSTICE Don Edwards [Fna... |
1995 |
| Daniel E. Lungren , Mark L. Krotoski |
The Racial Landscape of Social Networking Sites: Forging Identity, Community, and Civic Engagement |
20 University of Dayton Law Review 655 (Winter 1995) |
During the last Congress, the so-called Racial Justice Act (RJA) proved to be one of the most controversial provisions in the omnibus crime bill. In fact, until it was dropped, the RJA threatened final congressional consideration of the crime bill. If the RJA were enacted, a capital defendant would be allowed to present statistics from unrelated; Search Snippet: ...Enforcement Act of 1994 II. The Racial Justice Act THE RACIAL JUSTICE ACT OF 1994-- UNDERMINING ENFORCEMENT OF THE DEATH PENALTY WITHOUT PROMOTING RACIAL JUSTICE Daniel E. Lungren [FNa] Mark L. Krotoski [FNaa] Copyright... |
1995 |
| Reginald Leamon Robinson |
The Racial Origins of Modern Criminal Procedure |
37 William and Mary Law Review 69 (Fall, 1995) |
I. INTRODUCTION. 71 II. THE FAIR HOUSING ACT: EXTANT HOUSING SEGREGATION AND RACIAL LIMITATIONS. 87 A. The Relationship Between Housing Segregation and the Master Narrative of Black Inferiority: A Brief Overview. 87 B. Fair Housing Act, Racial Limits, and Extant Housing Segregation. 96 1. The Fair Housing Act and the Amendments of 1988. 96 2; Search Snippet: ...LAW REVIEW William and Mary Law Review Fall, 1995 THE RACIAL LIMITS OF THE FAIR HOUSING ACT: THE INTERSECTION OF DOMINANT... |
1995 |
| Clayton E. Cramer |
The Realities of Racial Profiling: Broad Interpretations of High Court Decisions Lead to Fourth Amendment Abuses |
4-WTR Kansas Journal of Law & Public Policy 17 (Winter, 1995) |
The historical record provides compelling evidence that racism underlies gun control laws -- and not in any subtle way. Throughout much of American history, governments openly stated that gun control laws were useful for keeping blacks and Hispanics in their place and for quieting the racial fears of whites. Racist arms laws predate the... |
1995 |
| John E. Nowak |
The Rise of the New Racism |
36 William and Mary Law Review 345 (January, 1995) |
Let me tell you a story about the Supreme Court and racial minorities. No, I am not going to tell you a story about real or fictional persons whose experiences make a point about the oppression of racial minorities in our society. I wish that I could tell that kind of story, but I lack the ability and the background of scholars who are associated; Search Snippet: ...Promise THE RISE AND FALL OF SUPREME COURT CONCERN FOR RACIAL MINORITIES John E. Nowak [FNa1] Copyright (c) 1995 by the... |
1995 |
| Richard A. Ryles, Esq. |
The Scarlet Gene: Behavioral Genetics, Criminal Law, and Racial and Ethnic Stigma |
9-APR NBA National Bar Association Magazine 15 (March/April, 1995) |
On May 5, 1994, the Florida legislature voted to allocate 2.1 million dollars to all survivors of what is now known as the Rosewood Massacre. Rosewood, Florida was a black community situated on Florida's western coast with a population of approximately 120. On Monday, January 1, 1923, Mrs. Frances Taylor, a white resident of nearby Sumner, Florida; Search Snippet: ...Magazine March/April, 1995 Feature THE ROSEWOOD MASSACRE: REPARATIONS FOR RACIAL INJUSTICE Richard A. Ryles, Esq. [FNa1] Copyright (c) 1995 by... |
1995 |
| Ellen F. Sohn, Esq. |
The Unwelcome Judicial Obligation to Respect Politics in Racial Gerrymandering Remedies |
9-SEP West Virginia Lawyer 22 (September, 1995) |
Although it has been several decades since the United States Supreme Court unanimously agreed that government action which discriminates against racial minorities should be strictly scrutinized, the Court has not yet reached a consensus on the permissible remedies for such discrimination or on the level of scrutiny which should apply to government; Search Snippet: ...Lawyer September, 1995 Feature THE UNITED STATES SUPREME COURT ADDRESSES RACIAL ISSUES Ellen F. Sohn, Esq. Copyright (c) 1995 by Ellen... |
1995 |
| Henry J. Reske |
Vi. Racial Bias and Prosecutorial Conduct at Trial |
81-NOV ABA Journal 48 (November, 1995) |
The acquittal of O.J. Simpson validated the Dream Team label of his lawyers, who exploited key weaknesses in the prosecution's case but raised jury doubts in places where many observers believed no doubt could exist. The jury's decision, reached in less than four hours, confounded many trial-watchers and experts who had long predicted a hung jury; Search Snippet: ...OBSERVERS SAY PROSECUTION LOST THE CASE OVER A BLOODY GLOVE, RACIST COP Henry J. Reske Copyright (c) 1995 by the American... |
1995 |
| David D. O'Donnell |
Walking the Fine Line of Admissibility: Should Statements of Racial Bias Fall under an Exception to Federal Rule of Evidence 606(b)? |
65 Mississippi Law Journal 345 (Winter 1995) |
Three decades after the enactment of the Voting Rights Act and fourteen years after section 2 of the Act was amended to expand the reach of the Act by discarding the briefly fashionable intent test in favor of a result test, the courts continue to grapple with a dizzying array of conceptual complexities and conflicting policies inherent in the... |
1995 |
| Ruth Colker |
Who's Black, Who's White, and Who Cares: Reconceptualizing the United States's Definition of Race and Racial Classifications |
7 Yale Journal of Law & Feminism 195 (1995) |
Dr. Jean Jew, an Asian American woman, is a tenured professor at the University of Iowa College of Medicine. In the 1980s, she was subjected to a relentless campaign of racial and sexual slurs because of her purported relationship with her supervisor, Dr. Terence Williams. Jew was referred to as a slut, bitch, whore, and chink, and denied; Search Snippet: ...SURLY BLACKS, AND COMPETENT HETEROSEXUAL WHITE MEN: THE SEXUAL AND RACIAL MORALITY UNDERLYING ANTI-DISCRIMINATION DOCTRINE Ruth Colker [FNd] Copyright ©... |
1995 |
| Luther Wright, Jr. |
Who's in and Who's Out: Racial Discrimination in Sports |
48 Vanderbilt Law Review 513 (March, 1995) |
I. Introduction. 515 II. Historical Origins of the Need to Define Race. 520 A. Early Statutory Attempts to Define Race. 522 B. Early Attempts by Courts to Interpret Race Statutes. 525 1. In the Slavery Era. 525 2. In the Separate but Equal Era. 527 C. Limits Placed Upon Individuals Because of Race. 531 1. During the Pre-Civil War Era. 531 2; Search Snippet: ...WHO CARES: RECONCEPTUALIZING THE UNITED STATES'S DEFINITION OF RACE AND RACIAL CLASSIFICATIONS Luther Wright, Jr. [FNa1] Copyright (c) 1995 by the... |
1995 |
| Matthew F. Leitman |
A Racial Financial Crisis: Rethinking the Theory of Reverse Redlining to Combat Predatory Lending under the Fair Housing Act |
25 University of Toledo Law Review 215 (1994) |
A. The Disparate Impact of the Federal Sentencing Guidelines' Sentences for Crack Cocaine Distribution As publicity about the evils of crack cocaine grew in the 1980s, law enforcement officers and concerned citizens began calling for tougher criminal sanctions to deal with what they perceived as a crack epidemic. In response to these appeals,; Search Snippet: ...FOR CLASSIFICATIONS WITHIN THE CRIMINAL JUSTICE SYSTEM THAT HAVE A RACIALLY DISPARATE IMPACT: A CASE STUDY OF THE FEDERAL SENTENCING GUIDELINES... |
1994 |
| Henry J. Reske |
Aba President Supports Clinton's Call to Lawyers to Renew Commitment to Racial, Ethnic Justice |
80-NOV ABA Journal 38 (November, 1994) |
The ABA committee that evaluates federal judges has again found itself at the center of a controversy over its rating system. Unlike the last big flareup over Robert Bork's Supreme Court nomination, this time the attacks are coming from liberals. They are charging that the ABA's system for evaluating judges is erratic, racist and weighted in favor; Search Snippet: ...ABA JUDICIAL RATINGS DRAW FIRE Liberal Critics Charge Process is Racist, Favors Silk-Stocking Nominees Henry J. Reske Copyright (c) 1994... |
1994 |
| N. Jay Shepherd |
Abridge Too Far: Racial Gerrymandering, the Fifteenth Amendment, and Shaw V. Reno |
14 Boston College Third World Law Journal 337 (Summer, 1994) |
The right of citizens of the United States to vote shall not be denied or abridged . on account of race. Racial classifications of any sort pose the risk of lasting harm to our society. They reinforce the belief . that individuals should be judged by the color of their skin. Racial classifications with respect to voting carry particular dangers.... |
1994 |
| Anthony D. Taibi |
Barbarian at the Gates: Revisiting the Case of Matthew F. Hale to Reaffirm That Character and Fitness Evaluations Appropriately Preclude Racists from the Practice of Law |
107 Harvard Law Review 1463 (May, 1994) |
C1-6TABLE OF CONTENTS R1-5 PAGE I. L2-5,T2Introduction: Paradigms of the Relationship Between CivilRights and Banking Regulation. .1466 II. L2-5,T2The Equal Credit Opportunity Act. .1471 A. L3-5,T3Background and Aims. .1471 B. L3-5,T3The ECOA's Performance: Evidence of Inadequacy. .1474 C. L3-5,T3Standard Liberal Proposals. .1476 D. L3-5,T3A; Search Snippet: ...ECONOMIC EMPOWERMENT: STRUCTURAL ECONOMIC THEORY, PROCEDURAL CIVIL RIGHTS, AND SUBSTANTIVE RACIAL JUSTICE Anthony D. Taibi [FNa1] Copyright (c) 1994 by The... |
1994 |
| Michael J. Klarman |
Brown's Lesson: to Integrate or Separate Is Not the Question, but How to Achieve a Non-Racist Society |
80 Virginia Law Review Rev. 7 (February, 1994) |
Introduction. 8 I. The Long-Term Inevitability of Racial Change. 13 A. World War II. 14 1. Impact on Black Attitudes. 16 2. Increased Political Opportunities. 18 3. Increased Economic Opportunities. 20 4. Other Effects of the War. 21 B. Ideological Readjustment. 23 C. The Cold War Imperative. 26 D. The Changing Politics of Race. 30 E. Economic and; Search Snippet: ...Virginia Law Review February, 1994 TwentiethCentury Constitutional History BROWN, RACIAL CHANGE, AND THE CIVIL RIGHTS MOVEMENT Michael J. Klarman [FNa1... |
1994 |
| Jacquin D. Bierman, J.D., and Steven L. Severin, LL.M., CPA |
Compensatory Racial Reapportionment |
80 Journal of Taxation 246 (April, 1994) |
Compensatory damages, including back pay, are excludable from gross income as damages for personal injury under Section 104(a)(2) when received in satisfaction of a claim of either (1) racial discrimination under 42 U.S.C. Section 1981 and Title VII of the Civil Rights Act of 1964, or (2) disparate treatment sex discrimination (i.e., regarding; Search Snippet: ...Copyright 1994 Warren Gorham Lamont COMPENSATORY DAMAGES FOR SEX OR RACIAL DISCRIMINATION ARE GENERALLY EXCLUDABLE. (REV. RUL) Compensatory damages, including back... |
1994 |
| Christopher J. Soller |
Constitutional Law--fifth Amendment--fourteenth Amendment--equal Protection--standard of Review--Racial Classifications |
32 Duquesne Law Review 865 (Summer 1994) |
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1994 |