| Author | Title | Citation | Summary | Year |
| 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 |
| John C. Walden, Ph.D. |
Court Takes Cases out of the Office |
30 West's Education Law Reporter 639 (1986) |
In United States v. State of Alabama, a federal district court determined that in certain respects the state of Alabama still operates a racially dual system of higher education, and has ordered the defendants to submit to the court a plan to eradicate all vestiges of a dual system. The defendants include Governor George C. Wallace, State; Search Snippet: ...Reporter 1986 Commentary COURT ORDERS ALABAMA TO ELIMINATE VESTIGES OF RACIALLY DUAL SYSTEM OF HIGHER EDUCATION [FNa] John C. Walden , Ph.D... |
1986 |
| Callie Williams |
Jury Pool Had Permission to Lie, Committee Charges |
12 Southern University Law Review 189 (Spring, 1986) |
The peremptory challenge is the second and much more frequently used technique, in influencing who will sit on a jury. Based on hunch, insight, whim, prejudice, or pseudo-science, a lawyer may peremptorally exclude a juror without giving any reason. While peremptory challenges are commonly used in this country both by the prosecution and by the... |
1986 |
| Fredric J. Bendremer, Gale Bramnick, Joseph C. Jones III, Steven N. Lippman |
Mccleskey's Omission: the Racial Geography of Retribution |
41 University of Miami Law Review 295 (December, 1986) |
I. L2-5,T2INTRODUCTION. .295 II. L2-5,T2THE EIGHTH AMENDMENT. .298 A. L3-5,T3Background: Cruel and Unusual Punishment. .299 B. L3-5,T3The Eleventh Circuit's Intent Requirement. .305 III. L2-5,T2THE FOURTEENTH AMENDMENT. .309 A. L3-5,T3Introduction. .309 B. L3-5,T3Equal Protection. .310 1. L4-5,T4STANDING. .310 2. L4-5,T4THE EQUAL PROTECTION; Search Snippet: ...Review December, 1986 Comment MCCLESKEY v. KEMP : CONSTITUTIONAL TOLERANCE FOR RACIALLY DISPARATE CAPITAL SENTENCING Fredric J. Bendremer Gale Bramnick Joseph C... |
1986 |
| Robert Alan Culp |
The Impact of Employment Discrimination Litigation on Racial Disparity in Earnings: Evidence and Unresolved Issues |
86 Columbia Law Review 800 (May, 1986) |
Does the Constitution permit the Immigration and Naturalization Service (INS) to question suspected undocumented aliens when officers are motivated in whole or in part by racial appearance? Two fundamental and competing assertions characterize the debate. The INS claims that, at least with respect to Hispanics in certain parts of the United States,; Search Snippet: ...Review May, 1986 Note THE IMMIGRATION AND NATURALIZATION SERVICE AND RACIALLY MOTIVATED QUESTIONING: DOES EQUAL PROTECTION PICK UP WHERE THE FOURTH... |
1986 |
| Rodney A. Smolla |
In Pursuit of the "Least-Racist" Juror |
58 Southern California Law Review 947 (May, 1985) |
In a clever bit of fantasy published in the Yale Law Journal in 1962, Boris Bittker created a mythical town, New Harmony, Illinois, with a mythical law, the checker-board ordinance, enacted as an experiment in race relations. Bittker's New Harmony was incorporated in the early 1960's by a group of public-spirited persons, both black and white,; Search Snippet: ...REVIEW Southern California Law Review May, 1985 IN PURSUIT OF RACIAL UTOPIAS: FAIR HOUSING, QUOTAS, AND GOALS IN THE 1980'S Rodney... |
1985 |
| Robert E. Shumaker |
Racial State |
1985 Wisconsin Law Review 1481 (1985) |
In State v. Shillcutt, the Wisconsin Supreme Court held that a juror's affidavit and testimony that another juror made racial slurs about a criminal defendant during jury deliberations were incompetent evidence and, thus, not grounds for a new trial. This Note argues that Shillcutt represents a retreat from, and overrules portions of, an earlier; Search Snippet: ...WL 107265 WISCONSIN LAW REVIEW Wisconsin Law Review 1985 Note RACIAL SLURS BY JURORS AS GROUNDS FOR IMPEACHING A JURY'S VERDICT... |
1985 |
| John W. Perloff |
State V. Robinson and the Racial Justice Act: Statistical Evidence of Racial Discrimination in Capital Proceedings |
39 University of Miami Law Review 777 (July, 1985) |
A. The Swain v. Alabama Resolution B. The Wheeler-Soares Alternative C. The People v. Thompson Innovations D. The Supreme Court's Position A. The Basis of an Appeal B. The Proper Balance A. A Comparative Commentary on Wheeler, Soares and Neil B. A Forecast of Practical Workability C. A Proposed Rule Change An all-white jury convicted Jack Neil, a; Search Snippet: ...v. NEIL: APPROACHING THE DESIRED BALANCE BETWEEN PEREMPTORY CHALLENGES AND RACIAL EQUALITY IN JURY SELECTION John W. Perloff Copyright (c) 1985... |
1985 |
| Theodor Meron |
The Meaning of "Equal": Evolution of Racial Equality in the United States |
79 American Journal of International Law 283 (April, 1985) |
The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charterby now accepted into the corpus of... |
1985 |
| Walter A. McFarlane |
Between Complicity and Contempt: Racial Presumptions of the American Legal Process |
19 University of Richmond Law Review 29 (Fall, 1984) |
Just prior to its adjournment in 1982, and subsequent to hotly contested debates, the 97th Congress enacted the Surface Transportation Assistance Act of 1982 (STAA). The Act contained a number of controversial provisions, not the least of which was one requiring that not less than 10 per centum of the amounts authorized to be appropriated by the; Search Snippet: ...LAW REVIEW University of Richmond Law Review Fall, 1984 BENIGN RACIAL CLASSIFICATIONS: A GUIDE FOR TRANSPORTATION ATTORNEYS Walter A. McFarlane [Fna... |
1984 |
| Kathryn R. Renahan |
Body Cameras, Police Violence, and Racial Credibility |
11 Journal of College and University Law 69 (Summer, 1984) |
|
1984 |
| Sheri Lynn Johnson |
Cross-Racial Identification of Defendants in Criminal Cases |
69 Cornell Law Review 934 (June, 1984) |
C1-3Table of Contents L1-2Introduction 935 I. The Reliability of Cross-Racial Identification. 937 A. The Own-Race Phenomenon. 938 1. Laboratory Findings. 938 a. White Subjects. 938 b. Black Subjects. 940 c. Asian American Subjects. 940 2. External Validity. 941 B. Correlates and Explanations of the Own-Race Effect. 943 C. Laymen's Beliefs About; Search Snippet: ...251687 CORNELL LAW REVIEW Cornell Law Review June, 1984 CROSS- RACIAL IDENTIFICATION ERRORS IN CRIMINAL CASES Sheri Lynn Johnson [FNd1] Copyright... |
1984 |
| Sonya Sledge Chandler |
Feeding the Racial Disparity in Disease: How Federal Agricultural Subsidies Contribute to a Racial Disparity in the Prevalence of Diet Related Illness |
9 Thurgood Marshall Law Review 166 (Fall, 1983/Spring 1984) |
Although racial discrimination still exists in some privately held religious and educational institutions, the government through its Internal Revenue Service division no longer condones such acts by allowing tax-free exemptions or charitable deductions ordinarily allowed under the Internal Revenue Code (the Code). Congress has taken on the task of; Search Snippet: ...FEDERAL TAXATIONCHARITABLE CONTRIBUTIONS AND TAX-EXEMPTIONSEDUCATIONAL INSTITUTIONS WHICH RACIALLY DISCRIMINATE SHALL NOT BE AFFORDED CHARITABLE DEDUCTIONS OR TAX-EXEMPT... |
1984 |
| Howard M. Shapiro |
George W. Bush, Governor of Texas, et Al. |
94 Yale Law Journal 189 (November, 1984) |
While in form this is merely an act redefining metes and bounds . the inescapable human effect of this essay in geometry and geography is to despoil colored citizens, and only colored citizens, of their theretofore enjoyed voting rights. Justice Felix Frankfurter The Voting Rights Act Amendments of 1982, in particular the amendments to section 2 of... |
1984 |
| William H. Chamblee |
Internalized Oppression: the Impact of Gender and Racial Bias in Employment on the Health Status of Women of Color |
15 Saint Mary's Law Journal 461 (1984) |
Bob Jones University, a non-profit private school, denied blacks admission based upon a sincerely held religious belief. On November 30, 1970, the Internal Revenue Service (IRS) notified the University of its revised policy on tax-exemption and announced its decision to challenge the tax-exempt status of racially discriminatory private schools. In; Search Snippet: ...TAX EXEMPTIONS--IRS ACTED WITHIN ITS AUTHORITY IN DETERMINING THAT RACIALLY DISCRIMINATORY NON-PROFIT PRIVATE SCHOOLS ARE NOT CHARITABLE INSTITUTIONS ENTITLED... |
1984 |
| Samuel R. Gross , Robert Mauro |
Patterson V. Mclean Credit Union, 109 S. Ct. 2363 (1989): Have Victims of Racial Harassment Been Taken to the Bank? |
37 Stanford Law Review 27 (November, 1984) |
I. L2-4,T2INTRODUCTION: ARBITRARINESS AND DISCRIMINATION. .28 II. L2-4,T2PREVIOUS RESEARCH ON RACE AND CAPITAL SENTENCING. .38 A. L3-4,T3The Pre-Furman Era. .38 B. L3-4,T3Post-Furman Studies. .42 C. L3-4,T3Summary and Criticism. .45 III. L2-4,T2DATA AND METHODS. .49 IV. L2-4,T2RACIAL PATTERNS IN CAPITAL SENTENCING: GEORGIA, FLORIDA, AND ILLINOIS; Search Snippet: ...Law Review November, 1984 PATTERNS OF DEATH: AN ANALYSIS OF RACIAL DISPARITIES IN CAPITAL SENTENCING AND HOMICIDE VICTIMIZATION [FNa] Samuel R... |
1984 |
| Martha McCarthy, Ph.D. |
Racial Realism |
20 West's Education Law Reporter 1063 (1984) |
In June 1984 the Supreme Court delivered a significant and controversial decision in Firefighters Local Union No. 1784 v. Stotts, placing restrictions on the authority of federal courts to impose raceconscious employment remedies for class members who are not proven victims of discrimination. This article provides an analysis of the Stotts case as; Search Snippet: ...WEST7DS EDUCATION LAW REPORTER West's Education Law Reporter 1984 Commentary RACIAL QUOTAS VERSUS SENIORITY RIGHTS [FNa] Martha McCarthy , Ph.D. [FNaa] Copyright... |
1984 |
| R. Tyrone Kee |
The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism |
10 Southern University Law Review 291 (Spring, 1984) |
Bob Jones University is a nonprofit corporation located in Greenville, South Carolina. The stated purpose is to conduct an institution of learning with special emphasis on the Christian Religion and the Holy Scriptures. There are approximately 5,000 students enrolled at the school, ranging from kindergarten through graduate school. The University; Search Snippet: ...Southern University Law Review Spring, 1984 Note THE I.R.S. FIGHTS RACIAL DISCRIMINATION IN HIGHER EDUCATION: NO TAX EXEMPTION FOR RELIGIOUS INSTITUTIONS... |
1984 |
| |
12 Racist Men: Post-verdict Evidence of Juror Bias |
97 Harvard Law Review Association 244 (November, 1983) |
During the past decade, the Supreme Court has repeatedly sought to define the scope of title VI of the Civil Rights Act of 1964, which forbids discrimination on the basis of race or national origin in programs receiving federal financial assistance. Although the Court originally held that title VI bars practices that unintentionally disadvantage; Search Snippet: ...Term III. Federal Statutes and Regulations C. Civil Rights 1. RACIAL DISCRIMINATION IN FEDERALLY FUNDED PROGRAMS Copyright 1983 by the Harvard... |
1983 |
| Derrick A. Bell, Jr. |
A Shadow of Ohio's Racist Past? Or a Lingering, Tangible Impact? An Examination of Unenforceable Restrictive Covenants |
62 Texas Law Review 175 (August, 1983) |
During the last phases of a fatal illness, it is customary not to add to the distress of an unhappy situation by undue emphasis on the inevitable. Avoiding discussion of what everyone knows is, evidently, also deemed appropriate upon the likely demise of a major social movement. This practice may explain the search for a cure orientation of so; Search Snippet: ...A SCHOOL DESEGREGATION POST-MORTEM Just Schools: The Idea Of Racial Equality In American Education. By David L. Kirp. [FNp] Berkeley... |
1983 |
| Damon J. Keith |
And the Oscar Goes to . . . Well, it Can't Be You, Can It?: a Look at Race-based Casting and How it Legalizes Racism, Despite Title Vii Laws |
81 Michigan Law Review 1040 (March, 1983) |
The liberal, southern white, analyzing the causes and effects of racism, offers a perspective on events and attitudes quite different from that normally expressed in scholarly treatises. Noted journalist Harry Ashmore lends credence to this assertion by structuring the history of racism as a personal narrative. In the first fifth of his book,... |
1983 |
| Steven L. Lapidus |
Eradicating Racial Stereotyping from Terry Stops: the Case for an Equal Protection Exclusionary Rule |
52 Fordham Law Review 93 (October, 1983) |
The right to vote is fundamental in American society because it preserves all other rights. Since passage of the Voting Rights Act (VRA or Act) in 1965, the most obvious impediments to voter registration, such as literacy tests and poll taxes, have been abolished. More recently, national attention has shifted to other methods of impairing exercise... |
1983 |
| |
Justice Alito and the Issue of Racial Discrimination: from Racial Segregation to Racial Diversity |
81 Michigan Law Review 1099 (March, 1983) |
The decision of the Supreme Court in Brown v. Board of Education recalls to many commentators a moment when morality and constitutional principle coalesced in a ringing pronouncement that seemed to promise the transformation of American society. Nearly three decades later, the elusiveness of the vision of racial equality mandated by the Court; Search Snippet: ...VIII. Law, Government, and Society JUST SCHOOLS: THE IDEA OF RACIAL EQUALITY IN AMERICAN EDUCATION. BY DAVID L. KIRP. BERKELEY: UNIVERSITY... |
1983 |
| Charles R. Lawrence III |
Justice or "Just Us": Racism and the Role of Ideology |
35 Stanford Law Review 831 (April, 1983) |
An anecdote, related only half in jest on a black ghetto street corner, tells of a local philosopher who journeyed to the courthouse and jail in search of justice and, sure enough, found just us. The raconteur's commentary on the criminal justice system's disproportionate victimization of his black brothers and sisters is easily transposed to a; Search Snippet: ...Law Review April, 1983 Book Review JUSTICE OR JUST US: RACISM AND THE ROLE OF IDEOLOGY Just Schools: The Idea of Racial Equality In American Education. By David L. Kirp. Berkeley: University... |
1983 |