AuthorTitleCitationSummaryYear
Gary D. Sanders Disparate Impact and the Use of Racial Proxies in Post-mcri Admissions 20 Texas Tech Law Review 1381 (1989) Clara Watson, a black female, was hired by Fort Worth Bank and Trust (the Bank) as a proof operator in August 1973. In January 1976 the Bank promoted her to bank teller in its motor bank facility. In February 1980 Watson applied for the position of supervisor in charge of the tellers in the main lobby. However, a white male was selected for the; Search Snippet: ...1989 Note DISPARATE IMPACT ANALYSIS MAY BE APPLIED TO PROVE RACIAL DISCRIMINATION IN SUBJECTIVE EMPLOYMENT DECISIONS: WATSON v. FORT WORTH BANK... 1989
Pamela S. Karlan Marijuana Legalization, Racial Disparity, and the Hope for Reform 24 Harvard Civil Rights-Civil Liberties Law Review 173 (Winter, 1989) This is an essay on how to think about, measure and remedy racial inequality in the political process. Modern vote dilution litigation began in 1964 with Reynolds v. Sims, in which the Supreme Court held that the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly... 1989
A. Leon Higginbotham, Jr. , Barbara K. Kopytoff Property, Penality, and (Racial) Profiling 50 Ohio State Law Journal 511 (1989) C1-2TABLE OF CONTENTS I. INTRODUCTION II. RECOGNITION OF THE HUMANITY OF THE SLAVE IN WAYS THAT DID NOT INVADE THE RIGHTS OF PROPERTY A. The Owner's Entitlement to Specific Slaves Versus Monetary Compensation B. Slaves as Agents C. Bailment: The Provision of Basic Necessities D. Civil Liability for the Willful Wrongs of Slaves E. Summary III; Search Snippet: ...of an Article by Higginbotham and Kopytoff. See Higginbotham & Kopytoff, Racial Purity and Interracial Sex in the Law of Colonial and... 1989
Julius Chambers Proving Racial Discrimination and Monitoring Fair Lending Compliance: the Missing Data Problem in Nonmortgage Credit 87 Michigan Law Review 1599 (May, 1989) [T]he Southern states have made their policy clear. States' rights, they say in effect, include the right to abrogate power when it involves distasteful responsibilities, even to the Constitution of the United States, its amendments, and its judicial interpretation. So the power and the responsibility return by default to the federal government. It; Search Snippet: ...MANDATE FOR THE FEDERAL GOVERNMENT FEDERAL LAW AND SOUTHERN ORDER: RACIAL VIOLENCE AND CONSTITUTIONA L CONFLICT IN THE POST- BROWN SOUTH... 1989
Mari J. Matsuda Public School Choice and Racial Integration 87 Michigan Law Review 2320 (August, 1989) A black family enters a coffee shop in a small Texas town. A white man places a card on their table. The card reads, You have just been paid a visit by the Ku Klux Klan. The family stands and leaves. A law student goes to her dorm and finds an anonymous message posted on the door, a caricature image of her race, with a red line slashed through; Search Snippet: ...Michigan Law Review August, 1989 Legal Storytelling PUBLIC RESPONSE TO RACIST SPEECH: CONSIDERING THE VICTIM'S STORY [FNd1] Mari J. Matsuda [FNa1... 1989
Marlee Kline Race, Racism, and Support for Capital Punishment 12 Harvard Women's Law Journal 115 (Spring, 1989) When are those of you who inflict racism, who appropriate pain, who speak with no knowledge or respect when you ought to know to listen and accept, going to take hard looks at yourself instead of at me. How can you continue to look to me to carry what is your responsibility?...I will not carry your responsibility any more. Your pain is unfortunate.... 1989
Randall L. Kennedy Racial Critiques of Legal Academia: a Reply in Favor of Context 102 Harvard Law Review 1745 (June, 1989) Perhaps the most insidious and least understood form of segregation is that of the word. Ralph Ellison This Article analyzes recent writings that examine the effect of racial difference on the distribution of scholarly influence and prestige in legal academia. These writings articulate two interrelated theses. The firstthe exclusion thesisis the; Search Snippet: ...WL 362640 HARVARD LAW REVIEW Harvard Law Review June, 1989 RACIAL CRITIQUES OF LEGAL ACADEMIA Randall L. Kennedy [FNa] Copyright 1989... 1989
Dale J. Lois Racial Jurymandering : Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection 34 New York Law School Law Review 349 (1989) In 1984, the United States Attorney General (the government) sued Starrett City, the nation's most populous housing development, under Title VIII of the Civil Rights Act of 1968. The government charged that Starrett City's practice of renting apartments under a racial quota system violated sections 804(a), (b), (c), and (d) of that Act. The; Search Snippet: ...LAW REVIEW New York Law School Law Review 1989 Note RACIAL INTEGRATION IN URBAN PUBLIC HOUSING: THE METHOD IS LEGAL, THE... 1989
Barbara K. Kopytoff , A. Leon Higginbotham, Jr. Racial Quotas and the Jury 77 Georgetown Law Journal 1967 (August, 1989) There is probably no better place than Virginia to examine the origins of the American doctrine of racial purity and the related prohibitions on interracial sex and interracial marriage. Many people applaud Virginia as the mother of Presidents' (four of the first five Presidents were Virginians) and the mother of revolutionaries, such as Thomas... 1989
Kenneth A. K. Martin The Social Transmission of Racism 20 University of Toledo Law Review 733 (Spring, 1989) In Conklin v. Lovely, the Court of Appeals for the Sixth Circuit allowed a victim of political discrimination to recover monetary damages under Title Forty-Two Section 1985(3) of the United States Code. The plaintiff named as defendants county officials who conspired to dismiss her from her job as a county employee. The officials, all Republicans,; Search Snippet: ...UNDER 42 U.S.C. S 1985(3) TO VICTIMS OF NON- RACIAL, POLITICALLY DISCRIMINATORY CONSPIRACIES Kenneth A. K. Martin Copyright 1989 by... 1989
Richard L. Engstrom When Charity Meets Racism: the Story of Cy Pres in the United States and England 73 Judicature 87 (August/September, 1989) Judicial election systems in a number of states are today being challenged for impermissibly diluting the electoral influence of minority voters. These challenges are based on Section 2 of the federal Voting Rights Act, as amended in 1982. This statutory provision prohibits state and local governments from structuring the electoral process in ways; Search Snippet: ...JUDICATURE Judicature August/September, 1989 WHEN BLACKS RUN FOR JUDGE: RACIAL DIVISIONS IN THE CANDIDATE PREFERENCES OF LOUISIANA VOTERS Richard L... 1989
Ronald J. Bacigal , Margaret Ivey Bacigal When Self-organization Includes Racial Harassment: must the Nlra Yield to Title Vii? 38 Emory Law Journal 1145 (Fall, 1989) On November 3, 1979, an ideological clash between political extremists erupted into armed confrontation in Greensboro, North Carolina. The violence was triggered by a Death to the Klan rally which pitted the Communist Worker's Party against the Ku Klux Klan and a small group of American Nazis. Within eighty-eight seconds of their meeting, these; Search Snippet: ...EMORY LAW JOURNAL Emory Law Journal Fall, 1989 Essay WHEN RACISTS AND RADICALS MEET Ronald J. Bacigal [FNa1] Margaret Ivey Bacigal... 1989
Kevin Edward Kennedy And We Are Not Saved: the Elusive Quest for Racial Justice. Derrick Bell. New York: Basic Books, 1987. Pp. Xii, 288. $19.95, Cloth 86 Michigan Law Review 1130 (May, 1988) If a book could be said to have a personality, then Derrick Bell's And We Are Not Saved could certainly be classified as a schizophrenic. Part fable, part legal scholarship, combining a pessimistic diagnosis of American race relations and a more optimistic prognosis for the eventual attainment of racial justice, Bell's latest work is simultaneously; Search Snippet: ...Society AND WE ARE NOT SAVED: THE ELUSIVE QUEST FOR RACIAL JUSTICE. BY DERRICK A. BELL. NEW YORK: BASIC BOOKS. 1987... 1988
Peter M. Yu And We Will Not Be Saved 23 Harvard Civil Rights-Civil Liberties Law Review 287 (Winter, 1988) And We Are Not Saved: The Elusive Quest for Racial Justice. Derrick Bell. New York: Basic Books, 1987. Pp. xii, 288. $19.95, cloth. What Justice Holmes noted of the law is equally true of the quest for civil rights: it is more than logic, it is experience. Rarely has Holmes' insight been paid higher tribute than in Professor Derrick Bell's latest; Search Snippet: ...Publication AND WE ARE NOT SAVED: THE ELUSIVE QUEST FOR RACIAL JUSTICE. DERRICK BELL. NEW YORK: BASIC BOOKS, 1987. PP. XII... 1988
  Combatting Racism: Would Repealing Title Vii Bring Equality to All? 101 Harvard Law Review 1270 (April, 1988) In the early morning of December 20, 1986, four black men were driving in the vicinity of Queens, New York, when their car broke down. Three of them walked north into Howard Beach to seek help, eventually arriving at a pizzeria. As they were leaving the pizzeria, a group of nine to twelve white males armed with baseball bats and sticks confronted; Search Snippet: ...HARVARD LAW REVIEW Harvard Law Review April, 1988 Note COMBATTING RACIAL VIOLENCE: A LEGISLATIVE PROPOSAL Copyright 1988 by the Harvard Law... 1988
Christopher J. Shine, Mary C. Burson, Jay W. Schlosser Constitutional Law--equal Protection of Law: Strict Scrutiny Applies to All Racially Segregated Citizens, Free and Confined Johnson V. California, 543 U.s. 499 (2005) 63 Notre Dame Law Review 102 (1988) The development of affirmative action plans appears to contradict the equal protection clause of the fourteenth amendment by promoting government sanctioned favoritism on the basis of race. On a literal reading of the equal protection clause, it would appear that such favoritism would be unconstitutional in any circumstance. However, because of the; Search Snippet: ...CORPORATION: DO AFFIRMATIVE ACTION LAYOFF PLANS THAT CREATE AN ABSOLUTE RACIAL PREFERENCE VIOLATE EQUAL PROTECTION PER SE? Christopher J. Shine Mary... 1988
Richard Delgado Derrick Bell's Racial Realism: a Comment on White Optimism and Black Despair 97 Yale Law Journal 923 (April, 1988) Derrick Bell's And We Are Not Saved, an expansion of his 1985 Harvard Law Review Foreword, The Civil Rights Chronicles, is about America's oldest and most intractable problem: race. Through the vehicle of ten Chronicles, imaginative tales designed to probe aspects of society's treatment of race, together with analyses of those tales by the book's; Search Snippet: ...April, 1988 Review Essay DERRICK BELL AND THE IDEOLOGY OF RACIAL REFORM: WILL WE EVER BE SAVED? AND WE ARE NOT SAVED: THE ELUSIVE QUEST FOR RACIAL JUSTICE. BY DERRICK BELL. [FNa] BASIC BOOKS, INC., 1987. Pp... 1988
  Ii. The Racial Justice Act 101 Harvard Law Review 1479 (May, 1988) In 1868, Congress enacted the fourteenth amendment, establishing that a ll persons born or naturalized in the United States . . . are citizens, and prohibiting the states from depriving persons of color the rights guaranteed to all citizens under the United States Constitution. Following its enactment, the Supreme Court interpreted the amendment; Search Snippet: ...Law Race and the Criminal Process II. THE LIMITS OF RACIAL EQUALITY: THE FOURTEENTH AMENDMENT AND THE CRIMINAL JUSTICE SYSTEM Copyright... 1988
  Illegal Is Not Simply Illegal: the Broad Ramifications of a Pennsylvania Town's Attempt at Immigration Control, and the Inherent Problems of Racial Discrimination 101 Harvard Law Review 1494 (May, 1988) The infusion of racial bias into the criminal process is particularly troublesome at the policing stage because it is at that point that citizens first encounter the community's strongest normative commitments. The criminal law, more than any other set of legal prescriptions, expresses the community's deepest convictions as what behavior is... 1988
Robert C. Smith Liberty and Environmental Justice for All? An Empirical Approach to Environmental Racism 15 Southern University Law Review Rev. 1 (Spring, 1988) Black Americans are not equitably represented in elected office in the United States. In 1986, of approximately 490,000 elected offices, blacks held 6,424, 1.3% of the total compared to their 12% of the population. Blacks have achieved their highest level of representation in state and federal legislative offices (excluding the U.S. Senate where; Search Snippet: ...Law Review Spring, 1988 LIBERAL JURISPRUDENCE AND THE QUEST FOR RACIAL REPRESENTATION Robert C. Smith [FNa] Copyright 1988 by the Southern... 1988
Mary Elizabeth Holland Mccrory V. Harris: Constitutional Prohibitions on Racial Classifications and the Requirements of the Voting Rights Act in Redistricting 20 Connecticut Law Review 1029 (Summer, 1988) Warren McCleskey is a black man, a convicted murderer, who is currently awaiting execution in a Georgia state penitentiary. McCleskey was sentenced to death for the murder of a white police officer by a Georgia trial court on the recommendation of the convicting jury. Warren McCleskey challenged his death sentence on the grounds that it was imposed... 1988
Mary E. Becker Racism and Patriarchy in the Meaning of Motherhood 67 Texas Law Review 417 (December, 1988) Legal doctrines have lives of their own, often independent of and irrelevant to the real-world problems with which they purportedly deal. One such doctrine is the equal protection standard under the fourteenth amendment, which has little to do with the reality of racial inequality in the United States today. And We Are Not Saved makes this point in; Search Snippet: ...TEXAS LAW REVIEW Texas Law Review December, 1988 Book Review RACISM AND LEGAL DOCTRINE AND WE ARE NOT SAVED. BY DERRICK... 1988
Brian J. Serr , Mark Maney Racism, Rights and the Quest for Equality of Opportunity: a Critical Legal Essay 79 Journal of Criminal Law and Criminology Criminology 1 (Spring, 1988) The institution of the jury may be aristocratic or democratic, according to the class from which the jurors are taken; but it always preserves its republican character, in that it places the real direction of society in the hands of the governed, or of a portion of the governed, and not in that of government. . . . The true sanction of political... 1988
Alan Freeman Racism, Wrongful Convictions, and the Death Penalty 23 Harvard Civil Rights-Civil Liberties Law Review 295 (Summer, 1988) The beginning is freedom; and the barriers to that freedom are tumbling. . . . But freedom is not enough. You do not wipe away the scars of centuries by saying: Now, you are freed to go where you want, do as you desire, and choose the leaders you please. . . . Thus it is not enough to open the gates of opportunity. Lyndon Johnson (1965) Why is; Search Snippet: ...to the Minority Critiques of the Critical Legal Studies Movement RACISM, RIGHTS AND THE QUEST FOR EQUALITY OF OPPORTUNITY: A CRITICAL... 1988
  The Big Black Man Syndrome: the Rodney King Trial and the Use of Racial Stereotypes in the Courtroom 101 Harvard Law Review 849 (February, 1988) For decades black civil rights leaders have invoked the moral power expressed in Biblical verse and spiritual song to maintain unity within the movement for racial justice. Finding it impossible to fulfill promises of deliverance within their lifetimes, they have dealt with the yearnings of blacks by invoking images of a promised land free of; Search Snippet: ...EXPERIENCE AND WE ARE NOT SAVED: THE ELUSIVE QUEST FOR RACIAL JUSTICE. BY DERRICK BELL. [FN1] ] NEW YORK: BASIC BOOKS. 1987... 1988
Derrick Bell , Preeta Bansal The Rhetorical Allure of Post-Racial Process Discourse and the Democratic Myth 97 Yale Law Journal 1609 (July, 1988) Harlem in the late 1930's remained locked in the hard times of the Great Depression. The earlier desperation had given way to a silent struggle for survival. During a quiet moment on a too-crowded block, an old, black man sat on his front stoop observing familiar activities of the community he served as respected sage. His wisdom, distilled during; Search Snippet: ...Symposium: The Republican Civic Tradition Comment THE REPUBLICAN REVIVAL AND RACIAL POLITICS Derrick Bell [FNp] Preeta Bansal [FNpp] Copyright 1988 The... 1988
J. Morgan Kousser The Supreme Court and the Protection of Minority Rights: an Empirical Examination of Racial Discrimination Cases 82 Northwestern University Law Review 941 (Summer, 1988) Resolved, That believing as we do, that special legislation, regulated by complexion or any physical differences, is anti-Republican and anti-Christian, we shall ever be found using our best exertions for the supremacy of equal rights. Resolution introduced by William C. Nell, adopted by a meeting of blacks at the Belknap Street Independent; Search Snippet: ...Legal Theory THE SUPREMACY OF EQUAL RIGHTS': THE STRUGGLE AGAINST RACIAL DISCRIMINATION IN ANTEBELLUM MASSACHUSETTS AND THE FOUNDATIONS OF THE FOURTEENTH... 1988
Marlon N. Yarbrough TransRacial Adoptions in America: an Analysis of the Role of Racial Identity among Black Adoptees and the Benefits of Reconceptualizing Success Within Adoptions 15 Southern University Law Review 353 (Fall, 1988) Adoption is the legal process pursuant to a state statute in which a child's legal rights (absent inheritance rights) and duties regarding his natural parents are discontinued, and similar rights and duties toward his adoptive parents are substituted. The primary purpose of adoption is to advance the well-being of the child by placing him in a; Search Snippet: ...LAW REVIEW Southern University Law Review Fall, 1988 Comment TRANS- RACIAL ADOPTION: THE GENESIS OR GENOCIDE OF MINORITY CULTURAL EXISTENCE Marlon... 1988
Sheri Lynn Johnson Unconscious Racism Revisited: Reflections on the Impact and Origins of "The Id, the Ego, and Equal Protection" 73 Cornell Law Review 1016 (July, 1988) At most, [defendant's proof of racial discrimination] indicates a discrepancy that appears to correlate with race. Apparent disparities in sentencing are an inevitable part of our criminal justice system. . . . Where the discretion that is fundamental to our criminal process is involved, we decline to assume that what is unexplained is invidious; Search Snippet: ...CORNELL LAW REVIEW Cornell Law Review July, 1988 Comment UNCONSCIOUS RACISM AND THE CRIMINAL LAW Sheri Lynn Johnson [FNp1] Copyright 1988... 1988
  Viewing the Cathedral from Behind the Color Line: Property Rules, Liability Rules, and Environmental Racism 101 Harvard Law Review 1588 (May, 1988) One of the most visible ways in which racial prejudice can enter the criminal process is through the manner in which the prosecutor presents her case at trial. The background legal standard is a simple one: the prosecutor may not appeal to racial prejudice during the course of her argument or presentation of a case. To do so would violate the; Search Snippet: ...Developments in the Law Race and the Criminal Process VI. RACIAL BIAS AND PROSECUTORIAL CONDUCT AT TRIAL Copyright 1988 by the... 1988
  Voir Dire Racial Discrimination under a "Comparative Juror Analysis" in Kesser V. Cambra 101 Harvard Law Review 1595 (May, 1988) Many jurors harbor racial prejudices. Although these prejudices are often subtle and only indirectly manifested in jury conduct, they sometimes result in overtly racist behavior in the jury room. Attempts to secure legal redress from such conduct, however, face two obstacles. First, evidentiary rules severely restrict the use of juror testimonythe; Search Snippet: ...Developments in the Law Race and the Criminal Process VII. RACIST JUROR MISCONDUCT DURING DELIBERATIONS Copyright 1988 by the Harvard Law... 1988
  9/11 and 11/9: the Law, Lives and Lies That Bind 101 Harvard Law Review Association 149 (November, 1987) Fifteen years ago, in Furman v. Georgia, the Supreme Court invalidated virtually all death penalty statutes then in place on the ground that the death penalty was applied so arbitrarily and freakishly that it violated the eighth amendment's prohibition of cruel and unusual punishment. The Supreme Court's decision in Furman led may observers to; Search Snippet: ...Constitutional Law A. Criminal Law and Procedure 4. DEATH PENALTY RACIAL DISCRIMINATION Copyright 1987 by the Harvard Law Review Association Fifteen... 1987
Jonathan B. Mintz Batson, Branch, and the Elimination of Racial and Gender Discrimination in Jury Selection in Alabama 72 Cornell Law Review 1026 (July, 1987) The jury system has long been recognized as an essential feature of criminal trials. The sixth amendment guarantees the federally accused an impartial jury and the fourteenth amendment extends this guarantee to state criminal defendants. Jury selection techniques, as described by Lord Coke, seek to produce jurors who are indifferent as they... 1987
Linda A. Lacewell and Paula. Shelowitz Beyond Admissions: Racial Equality in Law Schools 41 University of Miami Law Review 823 (March, 1987) Congress enacted the Civil Rights Act of 1866 in response to the rampant racial discrimination existing in the South following the abolition of slavery. Section 1 of the Act is now codified at 42 U.S.C. ยงยง 1981 and 1982. Section 1981 guarantees to all persons' the same general rights of contract and equal protection as white citizens.' Section; Search Snippet: ...READING OF SECTIONS 1981 AND 1982: SHIFTING THE FOCUS FROM RACIAL STATUS TO RACIST ACTS LINDA A. LACEWELL [FNa] and PAULA. SHELOWITZ [FNaa] Copyright... 1987
Edward J. Littlejohn , Leonard S. Rubinowitz Black in the South: Policy Implications of Racial Disparity for the Working Poor 12 Thurgood Marshall Law Review 415 (Summer, 1987) For a hundred years after the first Black student entered an American law school in 1868, Blacks were barely visible in law schools. Starting in the late 1960s, they made modest gains in enrollment. Black representation in law school peaked within a decade, and leveled off by the mid-1970s. This enrollment plateau continued until the mid-1980s,; Search Snippet: ...will appear in a forthcoming publication by the authors, on racial and ethnic minorities in the legal profession. The focus here... 1987
Patrick H. Wood III Constitutional Law-britton V. South Bend Community School Corporation: Do Affirmative Action Layoff Plans That Create an Absolute Racial Preference Violate Equal Protection per Se? 10 Harvard Journal of Law & Public Policy 746 (Summer, 1987) The Supreme Court's hair-splitting on affirmative action has once again garnered a headline. In United States v. Paradise the Court affirmed a district court's use of a one-black-for-one-white requirement for promotion of state troopers to corporals within the Alabama Department of Public Safety. The quota was intended to address a long-standing... 1987
Jesse H. Choper Continuing an American Legacy of Racial and Cultural Injustice: a Critical Look at Bonnichsen V. United States 72 Iowa Law Review 255 (January, 1987) The extent to which the equal protection clause of the fourteenth amendment (and its counterpart in the due process clause of the fifth amendment) permits government to use racial classifications to remedy prior racial discrimination is one of the most significant and controversial constitutional issues of our time. It has been addressed by... 1987
Marc Linder Fatal in Fact?: Federal Courts' Application of Strict Scrutiny to Racial Preferences in Public Education 65 Texas Law Review 1335 (June, 1987) Farm workers on large farms constitute the only numerically significant group of adult minimum-wage workers wholly excluded from the maximum hours and overtime provision of the Fair Labor Standards Act (FLSA) for a reason other than the size of the employing firm. The exclusion continues although this class of workers is urgently in need of; Search Snippet: ...June, 1987 FARM WORKERS AND THE FAIR LABOR STANDARDS ACT: RACIAL DISCRIMINATION IN THE NEW DEAL Marc Linder [FNa] Copyright 1987... 1987
David Kretzmer Freedom, Mass Incarceration, and Racism in the Age of Obama 8 Cardozo Law Review 445 (February, 1987) INTRODUCTION. 446 PART I: CONTENT REGULATION AS INFRINGEMENT OF FREEDOM OF EXPRESSION. 455 I. GENERAL ARGUMENTS FOR RESTRICTING RACIST SPEECH. 455 II. THE HARMS CAUSED BY SPEECH IN GENERALA LOOK AT CAUSATION. 459 III. THE HARM OF RACIST SPEECH. 462 A. Racist Speech and the Spread of Racial Prejudice. 462 B. Harm to Dignity. 465 IV. FREEDOM OF; Search Snippet: ...REVIEW Cardozo Law Review February, 1987 FREEDOM OF SPEECH AND RACISM David Kretzmer [FNa] Copyright 1987 by the Cardozo Law Review... 1987
Carol MacKenzie James A. Ford 53 Brooklyn Law Review 357 (Summer, 1987) The aim of the federal policy concerning employment discrimination which is embodied in the Civil Rights Act of 1964 (the Act), Title VII, is to protect employees against discrimination in employment. Usually, claims under the Act focus on situations involving refusal to hire, loss of job, or loss of promotional opportunities. In Snell v. Suffolk; Search Snippet: ...Term Constitutional Law JAILHOUSE ROCKED: THE SECOND CIRCUIT CONFRONTS A RACIALLY HOSTILE WORK ENVIRONMENT IN A CORRECTIONAL FACILITY: SNELL V. SUFFOLK... 1987
Arval A. Morris New Risks, New Tactics: an Assessment of the Re-assessment of Racial Profiling in the Wake of September 11, 2001 20 U.C. Davis Law Review 219 (Winter, 1987) This Article examines several important, recent Supreme Court decisions materially affecting the emerging constitutional standards governing racially conditioned affirmative action programs. The focus is on identifying the emerging standards, locating their potential scope of application and burdens, and preliminarily evaluating their... 1987
Kenneth Lasson Racism in Higher Education 7 Boston College Third World Law Journal 161 (Spring, 1987) I. INTRODUCTION. 161 II. HISTORY OF THE LAW IN ENGLAND. 162 A. The Early Statutes. 165 B. Prosecutions (1965-1975). 168 C. The Newer Legislation. 170 III. INTERNATION DECLARATIONS ON FREEDOM OF EXPRESSION. 178 IV. A CIVIL REMEDY FOR GROUP LIBEL. 180 V. CONCLUSION. 181; Search Snippet: ...LAW JOURNAL Boston College Third World Law Journal Spring, 1987 RACISM IN GREAT BRITAIN: DRAWING THE LINE ON FREE SPEECH Kenneth... 1987
Kristin Bumiller Rape, Incest, and Harper Lee's to Kill a Mockingbird: on Alabama's Legal Construction of Gender and Sexuality in the Context of Racial Subordination 42 University of Miami Law Review 75 (September, 1987) I. INTRODUCTION. 75 II. HER STORY. 78 III. CRITICAL PERSPECTIVES ON RAPE LAW REFORM. 80 IV. THE LANGUAGE OF RAPE. 82 V. RAPE AND RACE. 85 VI. THE SYMBOLIC CONSTRUCTION OF RAPE. 89; Search Snippet: ...AS A LEGAL SYMBOL: AN ESSAY ON SEXUAL VIOLENCE AND RACISM Kristin Bumiller [FNa] Copyright 1987 by the University of Miami... 1987
Patricia Williams Ssdp V. Spellings: Judiciary Acquiescence of a Law with Racially Discriminatory Effects? 42 University of Miami Law Review 127 (September, 1987) I. Windows and Mirrors II. Crimes Without Passion A. Eleanor Bumpurs and the Language of Lawmakers B. Howard Beach and the Private Property' of Neighborhood 1. it's better to be safe than sorry 2. discrimination doesn't hurt as much as being assaulted or a prejudiced society is better than a violent society TY a. Privitizing Innocence b; Search Snippet: ...MESSENGER: THE DISCOURSE OF FINGERPOINTING AS THE LAW's RESPONSE TO RACISM Patricia Williams [FNa] Copyright 1987 by The University of Miami... 1987
Charles R. Lawrence III The Identity Prism: How Racial Identification Frames Perceptions of Police Contact, Legitimacy, and Effectiveness 39 Stanford Law Review 317 (January, 1987) It is 1948. I am sitting in a kindergarten classroom at the Dalton School, a fashionable and progressive New York City private school. My parents, both products of a segregated Mississippi school system, have come to New York to attend graduate and professional school. They have enrolled me and my sisters here at Dalton to avoid sending us to the; Search Snippet: ...THE ID, THE EGO, AND EQUAL PROTECTION: RECKONING WITH UNCONSCIOUS RACISM Charles R. Lawrence III [FNa] Copyright 1987 by the Board... 1987
William Simpson The Problem of Motive in Hate Crimes: the Argument Against Presumptions of Racial Motivation 65 North Carolina Law Review 359 (January, 1987) During his 1984 bid for the presidency, the Reverend Jesse Jackson focused national attention on primary runoffs; his insistent challenge to this electoral device highlighted the potential for discrimination inherent in majority vote requirements. Currently, ten southern states require runoffs between the top two candidates in primaries if the; Search Snippet: ...North Carolina Law Review January, 1987 Note THE PRIMARY RUNOFF: RACISM'S REPRIEVE? William Simpson Copyright 1987 by the North Carolina Law... 1987
Jackson R. Sharman III Voting Rights Act Section 2: Racially Polarized Voting and the Minority Community's Representative of Choice 10 Harvard Journal of Law & Public Policy 786 (Summer, 1987) Section 5 of the Voting Rights Act of 1965 requires all jurisdictions covered by that Act who wish to implement a change in a voting qualification, prerequisite, standard, practice, or procedure to either seek preclearance for the change from the attorney general or get a declaratory judgment from the United States District Court for the District; Search Snippet: ...1987 Recent Development VOTING RIGHTS ACT OF 1965: ANNEXATION AND RACIAL DISCRIMINATION--CITY OF PLEASANT GROVE v. UNITED STATES, 107 S... 1987
Lino A. Graglia When Ignorance Is Not Bliss: in Search of Racial and Gender Equity in Intercollegiate Athletics 85 Michigan Law Review 1153 (April/May, 1987) Following in the footsteps of The Brethren, Swann's Way purports to give a behind-the-scenes description of Supreme Court decisionmaking based on interviews with unidentified Supreme Court Justices, law clerks, and published and unpublished documents. While The Brethren covers a seven-year period, Swann's Way considers a single decision, also; Search Snippet: ...COURT: HOW THE CONSTITUTION CAME TO REQUIRE BUSING FOR SCHOOL RACIAL BALANCE SWANN'S WAY: THE SCHOOL BUSING CASE AND THE SUPREME... 1987
  3. Racial Discrimination in Districting 100 Harvard Law Review Association 117 (November, 1986) In 1965, the Supreme Court held in Swain v. Alabama that the systematic exclusion of blacks from criminal trial juries in case after case could create a prima facie showing of violation of the fourteenth amendment's guarantee of equal protection of the laws. The Swain Court explicitly stated, however, that the striking of Negroes in a particular; Search Snippet: ...Constitutional Law A. Criminal Law and Procedure 3. PEREMTORY CHALLENGES-- RACIAL DISCRIMINATION Copyright 1986 by the Harvard Law Review Association In... 1986
Charles H. Jones, Jr. An Empirical and Constitutional Analysis of Racial Ceilings and Public Schools 21 Harvard Civil Rights-Civil Liberties Law Review 689 (Summer, 1986) On April 19, 1980 three white male members of the Justice Knights of the Ku Klux Klan decided to burn crosses in one of Chattanooga, Tennessee's predominantly black neighborhoods. At approximately 8:00 p.m. the three men, William Church, Larry Payne and Marshall Thrash, accompanied by other unidentified members of the Klan, drove to East Ninth; Search Snippet: ...Law Review Summer, 1986 AN ARGUMENT FOR FEDERAL PROTECTION AGAINST RACIALLY MOTIVATED CRIMES: 18 U.S.C. S 241 AND THE THIRTEENTH AMENDMENT... 1986
62 63 64 65 66 67 68 69 70 71 72 73