| Author | Title | Citation | Summary | Year |
| Gerald Torres |
Invalidating Integration: Parents Involved and the Standards of the Convention on the Elimination of All Forms of Racial Discrimination |
63 University of Colorado Law Review 839 (1992) |
I have been asked to write an introduction to this symposium issue on environmental racism. Before beginning to do that, even before discussing the articles in this issue, I think that it is important to first speak clearly about what the term environmental racism means. Obviously, the term is divided into two parts, but environmental clearly; Search Snippet: ...Issue Symposium: Race, Class, and Environmental Regulation INTRODUCTION: UNDERSTANDING ENVIRONMENTAL RACISM Gerald Torres [FNa1] Copyright (c) 1992 by the University of... |
1992 |
| Bradley R. Kirk |
Miller V. Johnson: Drawing the Line on Racial Gerrymandering |
19 Pepperdine Law Review 691 (January, 1992) |
The earnestness of this Court's commitment to racial justice is not to be measured by its willingness to expand constitutional provisions designed for other purposes beyond their proper bounds. Justice Antonin Scalia In dealing with racial discrimination, courts have constantly been pulled in two directions, desiring on the one hand to assist in; Search Snippet: ...SACRED COW: THE SUPREME COURT LIMITS THE PEREMPTORY CHALLENGE ON RACIAL GROUNDS IN POWERS v. OHIO AND EDMONSON v. LEESVILLE CONCRETE... |
1992 |
| Robin West |
Must Employers Be Colorblind? Title Vii Bars Intra-Racial Employment Discrimination, Walker V. Secretary of Treasury, I.r.s., 713 F. Supp. 403 (N.d. Ga. 1989) |
90 Michigan Law Review 1771 (May, 1992) |
The Alchemy of Race and Rights: The Diary of a Law Professor. By Patricia L. Williams. Cambridge: Harvard University Press. 1991. Pp. 263. Cloth, $24.95; paper, $10.95. Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and; Search Snippet: ...the Law X. Lives in the Law MURDERING THE SPIRIT: RACISM, RIGHTS, AND COMMERCE THE ALCHEMY OF RACE AND RIGHTS: THE... |
1992 |
| Cynthia L. Eldridge |
Performing in a Racially Hostile Environment |
13 Mississippi College Law Review 261 (Fall, 1992) |
In Edmonson v. Leesville Concrete Co., the United States Supreme Court extended the rule in Batson v. Kentucky to the civil arena, thereby resolving a conflict among the circuit courts of appeals regarding whether a private litigant in a civil case may use peremptory challenges to exclude potential jurors based upon race. Specifically, Edmonson; Search Snippet: ...1992 Note PEREMPTORY CHALLENGES IN CIVIL CASESDOES EDMONSON ALLEVIATE RACIAL DISCRIMINATION IN THE JURY SELECTION PROCESS? Cynthia L. Eldridge Copyright... |
1992 |
| Jerome McCristal Culp, Jr. |
Post September 11 Aviation Law: a Proliferation of Litigation, Allegations of Racial Discrimination and Prosecutions of Unruly Passengers |
41 Duke Law Journal 1095 (April, 1992) |
What then are the tenure standards for the affirmative action hires to be? If they are the same tenure standards as for white males, then probably a disproportionate number of blacks will not make tenure, and this will be more than awkward. What is to be done? Are there to be two tenure tracks? If so, will voting on tenure in the affirmative action... |
1992 |
| Willie Abrams |
Racial Equality: Old and New Strains and American Indians |
18 William Mitchell Law Review 979 (Fall, 1992) |
It was very interesting to hear Professor Strossen comment about my boss, Dr. Benjamin Hooks, Executive Director of the NAACP, saying that the First Amendment had been sword and shield of civil rights movement. Clearly, the NAACP has relied on the First Amendment in these cases. But in this case, the NAACP filed an amicus brief in support of the; Search Snippet: ...Speech After R.A.V.: More Conflict Between Free Speech and Equality? RACIAL EQUALITY OVER HATE SPEECH Willie Abrams [FNd] Copyright (c) 1992... |
1992 |
| Laughlin McDonald |
Racial Fairness and Traditional Districting Standards: Observations on the Impact of the Voting Rights Act on Geographic Representation |
21 Stetson Law Review 847 (Summer, 1992) |
Following the enactment of the Voting Rights Act of 1965, over a million black citizens were added to the voter rolls. In response to their success, white local governments began to change district lines, city boundaries, and voting procedures and switched from single-member districts to at-large elections. Because these devices frequently operate; Search Snippet: ...Review Summer, 1992 Local Government Law Symposium Voting Rights Symposium RACIAL FAIRNESS - WHY SHOULDN'T IT APPLY TO SECTION 5 OF THE... |
1992 |
| Talbot “Sandy” D'Alemberte |
Racial Injustice: Work to Be Done Outside the Courtroom |
78-AUG ABA Journal 58 (August, 1992) |
Suppose you were transposed over to China or Tibet and you had hit somebody in your car and you were sitting in their court. How would you feel? Detroit lawyer Cornelius Pitts told this to a Wall Street Journal reporter to convey how a black person accused of a crime or involved in a civil proceeding feels in a typical American courtroom. Visit; Search Snippet: ...510498 ABA JOURNAL ABA Journal August, 1992 After The Verdict RACIAL INJUSTICE AND AMERICAN JUSTICE Talbot Sandy D'Alemberte Copyright (c) 1992... |
1992 |
| Jeremy Rabkin |
Racial Progress in the New Millennium-a Different Shade |
34 William and Mary Law Review 75 (Fall, 1992) |
Civil rights has been a fierce political and ideological battleground over the past two decades. Advocates of a color blind Constitution condemn group entitlements as subverting individual rights and national cohesion. Defenders of racial preference policies, on the other hand, insist that only sustained government measures, including; Search Snippet: ...MARY LAW REVIEW William and Mary Law Review Fall, 1992 RACIAL PROGRESS AND CONSTITUTIONAL ROADBLOCKS Jeremy Rabkin [FNa1] Copyright (c) 1992... |
1992 |
| Derrick Bell |
Racial Realism or Racial Despair? |
24 Connecticut Law Review 363 (Winter, 1992) |
The struggle by black people to obtain freedom, justice, and dignity is as old as this nation. At times, great and inspiring leaders rose out of desperate situations to give confidence and feelings of empowerment to the black community. Most of these leaders urged their people to strive for racial equality. They were firmly wedded to the idea that... |
1992 |
| John A. Powell |
Racial Reconciliation in Mississippi: an Evaluation of the Proposal to Establish a Mississippi Truth and Reconciliation Commission |
24 Connecticut Law Review 533 (Winter, 1992) |
ON first reading Professor Derrick Bell's article, Racial Realism, I was reminded of a story that I heard several years ago. In this story, there is a black man who has been sentenced by a white judge for some minor infraction. After the sentence is announced, the man looks at the judge and says, You have taken away my job, my house, my wife, my; Search Snippet: ...405281 CONNECTICUT LAW REVIEW Connecticut Law Review Winter, 1992 Commentary RACIAL REALISM OR RACIAL DESPAIR? John A. Powell [FNa] Copyright (c) 1992 by the... |
1992 |
| Martha Chamallas |
Racial Segregation as a Prison Initiation Experience |
52 Louisiana Law Review 1457 (July, 1992) |
The many tributes to Judge Rubin in this volume and from so many other quarters attest to his reputation as a brilliant jurist, an incredibly hard worker, an intellectual with wide-ranging interests and a man who cared deeply about legal ethics. To this list, I would also add that Judge Rubin had a reputation for being a liberal judge. As a... |
1992 |
| Stephanie B. Goldberg |
Racial Steering in Bankruptcy |
78-NOV ABA Journal 94 (November, 1992) |
A federal court in New York has ruled that the Harry Macklowe Real Estate Co. Inc. violated the Fair Housing Act of 1968 when it featured only white models in the ads it ran from 1985-1988 for two luxury apartment buildings. But Ragin v. Macklowe was a mixed victory for the plaintiffs--two black professional couples and a nonprofit fair housing; Search Snippet: ...ABA JOURNAL ABA Journal November, 1992 Trends In The Law RACIAL STEERING Court Cuts Damages For Offensive Ads Stephanie B. Goldberg... |
1992 |
| Luke W. Cole |
Remedying Environmental Racism |
90 Michigan Law Review 1991 (June, 1992) |
The Michigan Law Review's recent Note, Remedying Environmental Racism, is an important and timely analysis of a civil rights law-based approach to environmental justice work - one of the first to emerge from legal academia. It correctly points out the high hurdles that toxic racism's victims must overcome to successfully pursue such a strategy.... |
1992 |
| T. Alexander Aleinikoff |
Rereading the First Amendment in Light of Treaties Proscribing Incitement to Racial Discrimination or Hostility |
1992 University of Illinois Law Review 961 (1992) |
Justice Harlan's dissent in Plessy v. Ferguson has become an important cultural text in late twentieth century America. The opinion is seen as righteous and prophetic, announcing the proper understanding of the Equal Protection Clause of the Fourteenth Amendment years ahead of its time. The famous phraseOur Constitution is color-blindis; Search Snippet: ...RE-READING JUSTICE HARLAN'S DISSENT IN PLESSY v. FERGUSON: FREEDOM, ANTIRACISM, AND CITIZENSHIP T. Alexander Aleinikoff [FNa1] Copyright (c) 1993 by... |
1992 |
| Alan Raphael |
State Panels Document Racial, Ethnic Bias in the Courts |
1991-92 Preview of United States Supreme Court Cases 237 (March 27, 1992) |
The issue in this case is whether several recent Supreme Court decisions limiting racial discrimination in jury selection should be extended to bar the use, by defense counsel in criminal trials, of peremptory challenges to remove potential jurors from trial juries because of their race. In light of the precedents, particularly two cases decided... |
1992 |
| Josephine Chow |
Still Officers of the Court: Why the First Amendment Is No Bar to Challenging Racism, Sexism and Ethnic Bias in the Legal Profession |
14 Loyola of Los Angeles International and Comparative Law Journal 851 (October, 1992) |
Batten down the hatches, several thousand Zulus approaching from the North. We have his oriental buddy for 11364. Great . make sure u burn him if he's on felony probation . by the way does he need any breaking. Hi . just got mexercise for the night. Above are just a few examples of what police call blue humor. Covering the gamut of; Search Snippet: ...Comment STICKS AND STONES WILL BREAK MY BONES, BUT WILL RACIST HUMOR?: A LOOK AROUND THE WORLD AT WHETHER POLICE OFFICERS HAVE A FREE SPEECH RIGHT TO ENGAGE IN RACIST HUMOR Josephine Chow [FNa1] Copyright (c) 1992 by the Loyola... |
1992 |
| A. Leon Higginbotham, Jr. , Anne F. Jacobs |
The #Ferguson Effect: Opening the Pandora's Box of Implicit Racial Bias in Jury Selection |
70 North Carolina Law Review 969 (April, 1992) |
In the seventeenth, eighteenth, and nineteenth centuries American judges' and legislators' obligation to do justice collided with the South's race-based system of slavery. The statutes and caselaw of this period reveal not only judicial and legislative sanction of slavery, but also an effort on the part of lawmakers and judges to bolster the; Search Snippet: ...1992 THE LAW ONLY AS AN ENEMY: THE LEGITIMIZATION OF RACIAL POWERLESSNESS THROUGH THE COLONIAL AND ANTEBELLUM CRIMINAL LAWS OF VIRGINIA... |
1992 |
| T. Alexander Aleinikoff |
The Constitution, the Supreme Court, and Racial Politics |
63 University of Colorado Law Review 325 (1992) |
In August 1955, Emmett Till, a 14-year old African-American from Chicago, was lynched in Mississippi. Apparently unprepared to conform his conduct to the local mores, he made the mistake of whistling at a white woman. Till was beaten and shot; his body was thrown into the Tallahatchie River tied to a large piece of equipment used in ginning cotton; Search Snippet: ...of Judging THE CONSTITUTION IN CONTEXT: THE CONTINUING SIGNIFICANCE OF RACISM T. Alexander Aleinikoff [FNa1] Copyright (c) 1992 by the University... |
1992 |
| Beth C. Boswell-Odum |
The First Amendment Freedom of Assembly as a Racial Project |
33 South Texas Law Review 261 (February, 1992) |
I. INTRODUCTION. 261 II. RACIAL SPEECH ON CAMPUSCONFLICTING VIEWS. 263 III. HISTORY OF THE FIGHTING WORDS DOCTRINE. 269 A. As Developed by United States Supreme Court Decisions. 269 1. The BeginningChaplinsky v. New Hampshire. 269 2. Subsequent Interpretations of Chaplinsky. 270 B. As Developed by State Court Decisions. 275 1. States Following; Search Snippet: ...Law Review February, 1992 Note THE FIGHTING WORDS DOCTRINE AND RACIAL SPEECH ON CAMPUS Beth C. Boswell-Odum Copyright (c) 1992... |
1992 |
| Tracey L. McCain |
The Interpretation of Umpires' Dreams: Testing Supreme Court Nominees' Racial Biases |
25 Columbia Journal of Law and Social Problems 601 (Summer, 1992) |
The United States Constitution guarantees individuals charged with crimes a fair trial. The Constitution, however, does not guarantee that a suspect will not be stigmatized as a criminal before she is charged with a crime. Blind faith has been placed on safeguards within the courtroom and the trial process to protect the innocent, but these... |
1992 |
| Derrick Bell |
The Racial Re-integration of Major League Baseball: a Business Rather than Moral Decision; Why Motive Matters |
78-SEP ABA Journal 50 (September, 1992) |
It was enacted as the Racial Preference Licensing Act. At a nationally televised signing ceremony, the presidentelected as a racial moderateassured the nation that the statute represented a realistic advance in race relations. It is, he insisted, certainly not a return to the segregation policies granted constitutional protection under the; Search Snippet: ...478316 ABA JOURNAL ABA Journal September, 1992 Legal Thought THE RACIAL PREFERENCE LICENSING ACT A Fable About The Politics Of Hate... |
1992 |
| Juan Williams |
The Tales of White Folk: Doctrine, Narrative, and the Reconstruction of Racial Reality |
34 William and Mary Law Review Rev. 7 (Fall, 1992) |
This subject would seem a more appropriate setting for a scholar than a journalist, and I am no scholar. I am encouraged, however, by the wise words of Susan B. Anthony, the fierce nineteenth-century leader of the struggle for women's rights. Miss Anthony was not married; nonetheless, she delivered biting lectures on the political and social... |
1992 |
| Robert A. Sedler |
The Unintended Lessons in Brown V. Board of Education |
53 University of Pittsburgh Law Review 631 (Spring, 1992) |
Racist speech is a generic term, which refers primarily to speech that denigrates persons on the basis of their race or ethnic origin, but also includes speech that denigrates on the basis of gender or sexual orientation. Many universities have enacted regulations restricting racist speech in response to a disturbing number of overtly racist; Search Snippet: ...Law Review Spring, 1992 THE UNCONSTITUTIONALITY OF CAMPUS BANS ON RACIST SPEECH: THE VIEW FROM WITHOUT AND WITHIN Robert A. Sedler... |
1992 |
| Mark Hansen |
Tribal Jurisdiction over Social and Minor Crimes: the Only Feasible Resolution for Institutional Racism in Alaskan Criminal Law Enforcement |
78-NOV ABA Journal 42 (November, 1992) |
Jury trials have resumed in a small Texas town where an incident that sparked racial tensions in the community may have led to a stalemate between black and white jurors. Trials in Tyler, Texas, were suspended in mid-July after a jury deadlocked along racial lines in the trial of a black man charged with the robbery and sexual assault of a white; Search Snippet: ...November, 1992 Developments TRIALS SUSPENDED IN TYLER, TEXAS Judge Cites Racial Tensions As Reason For Two-Month Hiatus Mark Hansen Copyright... |
1992 |
| Frank Michelman |
University Hate Speech Codes: a Necessary Method in the Process of Eradicating the Universal Wrong of Racism |
27 Harvard Civil Rights-Civil Liberties Law Review 339 (Summer, 1992) |
Suppose the governors of a private university undertake to ban racially stigmatizing speech on campus. Racially stigmatizing speech is any expression of the idea that color marks a person as suspect in morals or ability, unworthy of first-class respect and consideration, or unfit for company and society. The governors see our world as one where; Search Snippet: ...of Civil Liberties: Where Do We Go From Here? UNIVERSITIES, RACIST SPEECH AND DEMOCRACY IN AMERICA: AN ESSAY FOR THE ACLU... |
1992 |
| Carolyn Holtschlag |
Voting Rights Act of 1965: Annexation and Racial Discrimination--city of Pleasant Grove V. United States, 107 S. Ct. 794 (1987) |
30 Duquesne Law Review 1025 (Summer, 1992) |
In 1990, an Ohio grand jury charged Larry Joe Powers, a white male, with two counts of aggravated murder and one count of attempted aggravated murder. Powers pleaded not guilty to all counts and exercised his right to a trial by jury. During voir dire, the prosecutor used a total of seven peremptory challenges to remove black veniremen from the; Search Snippet: ...DEFENDANT AND THE CHALLENGED JUROR DO NOT SHARE THE SAME RACIAL IDENTITY Carolyn Holtschlag Copyright (c) 1990-1991 by the Duquesne... |
1992 |
| Debra L. Alligood |
When the Whites Go Marching In? Racism and Resistance in English Football |
40 UCLA Law Review 199 (October, 1992) |
In the midst of turbulent racial conflict throughout the nation, the Ninetieth Congress of the United States enacted the Fair Housing Act of 1968. The Act leveled a broad-based attack against those activities that tended to create and perpetuate the racially segregated housing patterns thought to have aggravated, if not provoked, the unrest of the; Search Snippet: ...A PROPOSAL FOR PRINCIPAL MEDIA LIABILITY FOR THE PUBLICATION OF RACIALLY EXCLUSIONARY REAL ESTATE ADVERTISEMENTS Debra L. Alligood [FNa] Copyright ©... |
1992 |
| Binny Miller |
Who Tells Your Story: the Legality of and Shift in Racial Preferences Within Casting Practices |
102 Yale Law Journal 105 (October, 1992) |
Introduction I. Legislative Delegations: A Functional Analysis A. Racial Politics B. Origins of Delegations C. Contemporary Developments 1. Local Government Powers 2. Procedures for Passing Local Legislation 3. The Richmond County, Georgia Delegation II. Themes in Voting Rights Jurisprudence A. Election Procedures: Formal Barriers to Participation; Search Snippet: ...October, 1992 WHO SHALL RULE AND GOVERN? LOCAL LEGISLATIVE DELEGATIONS, RACIAL POLITICS, AND THE VOTING RIGHTS ACT [FNa1] Binny Miller [FNd1... |
1992 |
| Stephen M. Feldman |
Whren at Twenty: Systemic Racial Bias and the Criminal Justice System |
80 Georgetown Law Journal 1835 (June, 1992) |
I'm for truth, no matter who tells it. I'm for justice, no matter who it is for or against. I'm a human being first and foremost, and as such I'm for whoever and whatever benefits humanity as a whole. Malcolm X I have the audacity to believe that peoples everywhere can have three meals a day for their bodies, education and culture for their minds,; Search Snippet: ...Theory and Public Law - Part II Colloquy WHOSE COMMON GOOD? RACISM IN THE POLITICAL COMMUNITY Stephen M. Feldman [FNa] Copyright ©... |
1992 |
| Richard Delgado |
Zero-based Racial Politics: an Evaluation of Three Best-case Arguments on Behalf of the Nonwhite Underclass |
80 Georgetown Law Journal 1879 (June, 1992) |
In Zero-Based Racial Politics: An Evaluation of Three Best-Case Arguments on Behalf of the Nonwhite Underclass, I addressed the question, with which of three political factions ought the nonwhite poor align themselves? I used the term zero-based in the title to focus the inquiry on what course of action would be best for that beleaguered group if; Search Snippet: ...AND AN INFINITY-BASED RESPONSE: WILL ENDLESS TALKING CURE AMERICA'S RACIAL ILLS? Richard Delgado [FNa] Copyright (c) 1992 by The Georgetown... |
1992 |
| Richard Delgado |
Can a Jury Believe My Eyes, and Should Courts Let Experts Tell Them Why Not: the Admissibility of Expert Testimony on Cross-Racial Eyewitness Identification in New York after People V. Young |
85 Northwestern University Law Review 343 (Winter, 1991) |
Over the past few years, nearly two hundred university and college campuses have experienced racial unrest serious or graphic enough to be reported in the press. Most observers believe the increase in racial tension on the nation's campuses is real, and not just the product of better reporting or record keeping. In response, a number of campuses; Search Snippet: ...REVIEW Northwestern University Law Review Winter, 1991 Legal Theory CAMPUS ANTIRACISM RULES: CONSTITUTIONAL NARRATIVES IN COLLISION Richard Delgado [FNa] Copyright 1991... |
1991 |
| Allan H. Macurdy |
Classification, Promotion and Racial Discrimination |
18 New York University Review of Law and Social Change 987 (1990/1991) |
Introduction I. The Return to Formalism: Patterson v. McLean Credit Union II. Race and Contracting in the Post-Civil War Era A. Free Labor Ideology and the Rise of Classical Formalism B. Contract Doctrine, Freedmen, and Economic Exploitation III. The Statutory Imposition of a Contractual Right to Nondiscrimination IV. Toward a Relationalist; Search Snippet: ...Review of Law and Social Change 1990/1991 CLASSICAL NOSTALGIA: RACISM, CONTRACT IDEOLOGY, AND FORMALIST LEGAL REASONING IN PATTERSON v. MCLEAN... |
1991 |
| Evelyn Nakano Glenn |
Clifford V. Commonwealth: Admission of Racial Voice Identification Testimony, Regressive or Progressive? |
43 Stanford Law Review 1333 (July, 1991) |
With the recent surge in public attention to the feminization of poverty, feminist policy analysts have tended to subsume the economic privations of women of color under the general rubric of problems of working women. Indeed, recent economic trends provide some support for the argument that gender inequity at work has become the crossroads at... |
1991 |
| Robert A. Williams, Jr. |
Combating the Effects of Racial Stereotyping in Criminal Cases |
8 Arizona Journal of International & Comparative Law 51 (1991) |
Our encounter with Columbus's legacy in this quincentenary year reveals more about ourselves than about our historical understanding of the itinerant explorer who inaugurated the European colonization of the New World. The quincentennial themes that we choose to address speak to our own sense of individual responsibility to engage the collective; Search Snippet: ...to Self-Determination COLUMBUS'S LEGACY: LAW AS AN INSTRUMENT OF RACIAL DISCRIMINATION AGAINST INDIGENOUS PEOPLES' RIGHTS OF SELF-DETERMINATION Robert A... |
1991 |
| Randall L. Kennedy |
Competing Narratives, Competing Jurisprudences: Are Law Schools Racist? And the Case for an Integral Critical Approach to Thinking, Talking, Writing, and Teaching about Race |
14 Harvard Journal of Law & Public Policy 93 (Winter, 1991) |
In his introduction to this panel on competing conceptions of racial discrimination, Lawrence Siskind remarks that the 1960s marked a period of relatively easy moral identification. Looking back at what he calls the Romantic Age of Civil Rights, Siskind claims that it was easy to distinguish the heroes from the villains. On the one hand, there; Search Snippet: ...Test--Forced Quotas or Elimination of Racism? COMPETING CONCEPTIONS OF RACIAL DISCRIMINATION: A RESPONSE TO COOPER AND GRAGLIA Randall L. Kennedy... |
1991 |
| Captain Wells |
Damages - Mental Distress - Damages Recoverable for Mental Distress Resulting from Racial Discrimination in Housing Rental. - Gray V. Serruto Builders, Inc., 110 N.j. Super. 297, 265 A.2d 404 (Ch. 1970) |
1991-JUL Army Lawyer 16 (July, 1991) |
The Supreme Court's decision in Powers v. Ohio establishes a new safeguard against racism in civilian jury selection and should prove valuable to military jurisprudence as well. Although accused soldiers continue to lack the sixth amendment right to trial by a representative cross-section of the population, the decision in Powers should prohibit... |
1991 |
| L. Anita Richardson |
Dead Hands and State Actors: the Racially Discriminatory Charitable Trust in Hermitage Methodist Homes |
1991-92 Preview of United States Supreme Court Cases 73 (November 22, 1991) |
The Eighth Amendment prohibits cruel and unusual punishment. The U.S. Supreme Court has held that the death penalty is not cruel and unusual punishment for certain categories of murder so long as it is imposed as a reasoned moral response to the circumstances of the capital offense and the character and background of the offender. See, e.g., Penry... |
1991 |
| Joel H. Swift |
Defending Profiling While Combating Racism: a Companion to Ogletree's 'Presumption of Guilt' |
22 Columbia Human Rights Law Review 177 (Spring, 1991) |
In a recent issue of the Harvard Law Review, Professor Katherine Goldwasser expresses the view that racism in a judicial proceeding, when practiced through the exercise of a peremptory challenge by a criminal defendant, does not violate the equal protection clause of the fourteenth amendment to the United States Constitution. This Article argues; Search Snippet: ...LAW REVIEW Columbia Human Rights Law Review Spring, 1991 DEFENDANTS, RACISM AND THE PEREMPTORY CHALLENGE: A REPLY TO PROFESSOR GOLDWASSER Joel... |
1991 |
| Robert A. Sedler |
Doe V. University of Michigan, District Court Strikes down University Policy Against Racial Harassment on Grounds of Vagueness and Overbreadth. |
37 Wayne Law Review 1325 (Spring, 1991) |
In reading the numerous law review articles advocating some form of restriction for racist speech on campus, I am struck by the difference between how campus bans on racist speech are analyzed by academic commentators and by lawyers and judges in the context of actual litigation. Academic commentators typically justify restricting racist; Search Snippet: ...Michigan DOE v. UNIVERSITY OF MICHIGAN AND CAMPUS BANS ON RACIST SPEECH: THE VIEW FROM WITHIN Robert A. Sedler [FNd1] Copyright... |
1991 |
| Timothy B. Zollinger |
Does Decisional Law Grant Whites Fewer Political Rights under the Fourteenth Amendment than it Grants to Racial Minorities?: a Response to Vikram D. Amar and Evan H. Caminker |
12 Northern Illinois University Law Review 159 (Fall, 1991) |
In all instances the University authorities should act with maximum constraint, even in the face of obvious bad taste or provocation. The belief that some opinion is pernicious, false, or in any other way detested cannot be grounds for its suppression. Incidents of racial harassment and violence are occurring with frequency on college and; Search Snippet: ...UNIVERSITY OF MICHIGAN, DISTRICT COURT STRIKES DOWN UNIVERSITY POLICY AGAINST RACIAL HARASSMENT ON GROUNDS OF VAGUENESS AND OVERBREADTH. Timothy B. Zollinger... |
1991 |
| Richard Delgado |
Enslaved by Words: Legalities & Limitations of "Post-Racial" Language |
91 Columbia Law Review 1547 (October, 1991) |
Much recent writing about race and civil rights falls squarely within what I might call the classic-liberal mode. This writing, generally highly normative and rights-based in nature but cautiously incremental in scope and ambition, criticizes Supreme Court opinions, decries our recent inattention to the plight of women and persons of color, and; Search Snippet: ...RACE AND WE ARE NOT SAVED: THE ELUSIVE QUEST FOR RACIAL JUSTICE. BY DERRICK BELL. NEW YORK: BASIC BOOKS, 1987. PP... |
1991 |
| Michael A. Olivas |
Federal Taxation-charitable Contributions and Tax-exemptions-educational Institutions Which Racially Discriminate Shall Not Be Afforded Charitable Deductions or Tax-exempt Status Because Such Practices Are Contrary to Public Policy. Bob Jones University V |
18 Journal of College and University Law 21 (Summer, 1991) |
In a politically adroit attempt to justify their decision to play in Arizona's Fiesta Bowl, officials of the University of Louisville announced their intention to dedicate their share of the proceeds to campus minority programs and scholarships. To counter the controversy over Arizona voters' rejection of a state holiday honoring Dr. Martin Luther; Search Snippet: ...ESSAY ON THE OFFICE FOR CIVIL RIGHTS, TITLE VI, AND RACIAL RESTRICTIONS Michael A. Olivas [FNa] Copyright (c) 1991 by the... |
1991 |
| Armando O. Bonilla |
First Amendment-Racist and Sexist Expression on Campus-court Strikes down University Limits on Hate Speech.-doe V. University of Michigan, 721 F.supp. 852 (E.d.mich.1989) |
1 Seton Hall Constitutional Law Journal 451 (Spring, 1991) |
The first amendment to the United States Constitution provides in part that Congress shall make no law . abridging the freedom of speech. This amendment, however, has never been interpreted to provide absolute protection of individual expression. Legislators have thus attempted to pass a variety of laws that circumvent, to some degree, the... |
1991 |
| Stefan B. Tahmassebi |
Guns, Drugs, and Profiling: Ways to Target Guns and Minimize Racial Profiling |
2 George Mason University Civil Rights Law Journal 67 (Summer, 1991) |
That all such free Mulattoes, Negroes and Indians . shall appear without arms The history of gun control in America possesses an ugly component: discrimination and oppression of blacks, other racial and ethnic minorities, immigrants, and other unwanted elements, including union organizers and agrarian reformers. Firearms laws were often enacted; Search Snippet: ...University Civil Rights Law Journal Summer, 1991 GUN CONTROL AND RACISM Stefan B. Tahmassebi [FNa] Copyright 1991 by the CRLJ Association... |
1991 |
| Ronald J. Tabak |
Is Resistance to Foreign Law Rooted in Racism? |
18 New York University Review of Law and Social Change 777 (1990/1991) |
I. There Is a National Pattern of Racial Discrimination in Capital Sentencing Based on the Race of the Victim A. Numerous Studies and the GAO's Report Show That This Pattern Exists B. Several Recent Examples Illustrate How Racial Discrimination Infects Particular Death Penalty Cases II. Legislation Is Needed to Afford Redress for Racial; Search Snippet: ...1991 Challenging the Death Penalty: A Colloquium Part Two IS RACISM IRRELEVANT? OR SHOULD THE FAIRNESS IN DEATH SENTENCING ACT BE ENACTED TO SUBSTANTIALLY DIMINISH RACIAL DISCRIMINATION IN CAPITAL SENTENCING? [FNa1] Ronald J. Tabak [FNaa1] Copyright... |
1991 |
| Amanda Robinson |
Metro Broadcasting, Inc. V. Fcc: the Constitutionality of the Fcc's Use of Racial Classifications |
42 Mercer Law Review 1623 (Summer, 1991) |
In Metro Broadcasting, Inc. v. FCC, the Supreme Court addressed whether two minority preference programs of the Federal Communications Commission (the Commission) were consistent with the fifth amendment principle of equal protection. The majority, in an opinion written by Justice Brennan, held that the programs, one awarding an advantage to; Search Snippet: ...Annual Eleventh Circuit Survey METRO BROADCASTING, INC. v. FCC: ARE RACIAL CLASSIFICATIONS NO LONGER SUBJECT TO STRICT SCRUTINY? Amanda Robinson Copyright... |
1991 |
| William P. Langdale, III |
Michael Meyers |
25 Georgia Law Review 535 (Winter, 1991) |
In the Communications Act of 1934, Congress delegated to the Federal Communications Commission (FCC) the exclusive authority to grant broadcast licenses to persons wanting to build and operate a radio or television station based on public convenience, interest, or necessity. Pursuant to this authority, the FCC attempted to increase the diversity; Search Snippet: ...INC. v. FCC: THE CONSTITUTIONALITY OF THE FCC'S USE OF RACIAL CLASSIFICATIONS William P. Langdale, III Copyright 1991 by the Georgia... |
1991 |
| Mary E. Becker |
Negotiating the New Political and Racial Environment |
79 Georgetown Law Journal 1659 (August, 1991) |
As a result of many advantages, white men earn significantly more than women and minorities, especially minority women. Women with college educations earn less than men with high school educations. Comparisons of wages for full time white male workers and minority women are especially dramatic. For example, African-American women workers earned; Search Snippet: ...NEEDED IN THE NINETIES: IMPROVED INDIVIDUAL AND STRUCTURAL REMEDIES FOR RACIAL AND SEXUAL DISADVANTAGES IN EMPLOYMENT Mary E. Becker [FNa] Copyright... |
1991 |
| Lani Guinier |
Norbert Finzsch and Dietmar Schirmer, Eds., Identity and Intolerance: Nationalism, Racism and Xenophobia in Germany and the United States, Cambridge: Cambridge University Press, 1998. Pp. Xxxix + 422. $69.95 (Isbn 0-521-59158-9). |
77 Virginia Law Review 1413 (November, 1991) |
INTRODUCTION I. THE CONVENTIONAL VOTING RIGHTS LITIGATION MODEL A. The Political Equality and Political Empowerment Norms B. Dilution as Geographic Submergence C. The Remedy for Dilution D. The Districting Rationale as an Empowerment Theory II. THE IMPLICATIONS OF SINGLE-MEMBER DISTRICTING FOR BLACK POLITICAL INFLUENCE AND PARTICIPATION A. The; Search Snippet: ...Party, a grass-roots insurgency group formed to challenge the racially exclusionary practices of the regular Mississippi Democrats. See Frances Lee... |
1991 |