| Author | Title | Citation | Summary | Year |
| David B. Oppenheimer |
Why Is Racial Injustice Still Permitted in the United States?: an International Human Rights Perspective on the United States' Inadequate Compliance with the International Convention on the Elimination of All Forms of Racial Discrimination |
31 Hastings International and Comparative Law Review 735 (Summer 2008) |
[1] Statistics by ethnic categories are dangerous because they stigmatize people and are likely to support xenophobic or racist behavior. [2] Statistics by ethnic categories are necessary to fight against discrimination. - Laurent Thévenot In the fall of 2003, as I was preparing a comparative law presentation for a French conference commemorating; Search Snippet: ...Summer 2008 Commentary WHY FRANCE NEEDS TO COLLECT DATA ON RACIAL IDENTITY . . . IN A FRENCH WAY David B. Oppenheimer [FNa1] Copyright... |
2008 |
| Christopher Ogolla |
Will to Power, Will to Reality, and Racial Profiling: How the White Male Dominant Power Structure Creates Itself as Law Abiding Citizen Through the Creation of Black as Criminal |
31 North Carolina Central Law Review Rev. 1 (2008) |
I. Introduction. 1 II. Is Racial Surveillance Acceptable?. 3 III. The Federal Government and Public Health Surveillance. 5 IV. Standards for the Classification of Federal Data on Race. 6 V. Legal Basis for Public Health Surveillance in General. 8 VI. Racial Classification and Strict Scrutiny. 13 VII. Legal Pitfalls of Using Race in Public Health; Search Snippet: ...Carolina Central Law Review 2008 Articles WILL THE USE OF RACIAL STATISTICS IN PUBLIC HEALTH SURVEILLANCE SURVIVE EQUAL PROTECTION CHALLENGES? A... |
2008 |
| Harry Greenlee, Esq. , Shelia P. Greenlee, Ph.D. |
Women Defenders on Television: Representing Suspects and the Racial Politics of Retribution |
14 William and Mary Journal of Women and the Law 319 (Winter, 2008) |
The death penalty in America has been studied, discussed, and written about extensively. The vast majority of researchers, however, have focused their study of the death penalty, or capital punishment, on male prisoners. This article examines the data related to women on death row since 1973, with particular attention to similar problems that have; Search Snippet: ...Symposium: Women in Prisons Article WOMEN AND THE DEATH PENALTY: RACIAL DISPARITIES AND DIFFERENCES Harry Greenlee, Esq. [FNa1] Shelia P. Greenlee... |
2008 |
| Maneesha Deckha |
(Still) Constitutional School De-segregation Strategies: Teaching Racial Literacy to Secondary School Students and Preferencing Racially-literate Applicants to Higher Education |
16 UCLA Women's Law Journal L.J. 1 (Winter 2007) |
Western feminist attention to reproductive rights and their repercussions for female bodies has primarily concentrated on gender issues shaped by sexism. Other equality dimensions of reproductive issues have been less quick to appear within feminist discussions and thus within larger debates about the ethics of a particular reproductive practice.... |
2007 |
| Michael J. Kaufman |
(Un) Reasonable Suspicion: Racial Profiling in Immigration Enforcement after Arizona V. United States |
13 Michigan Journal of Race and Law 147 (Fall 2007) |
In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American; Search Snippet: ...Fall 2007 Article (STILL) CONSTITUTIONAL SCHOOL DE-SEGREGATION STRATEGIES: TEACHING RACIAL LITERACY TO SECONDARY SCHOOL STUDENTS AND PREFERENCING RACIALLY-LITERATE APPLICANTS TO HIGHER EDUCATION Michael J. Kaufman [FNa1] Copyright... |
2007 |
| Maxine Goodman |
A Failure of Judicial Review of Racial Discrimination Claims in Criminal Cases |
12 Berkeley Journal of Criminal Law 29 (Spring 2007) |
In Ernest Gaines's novel A Lesson Before Dying, Gaines tells the story of Jefferson, a young African-American man convicted of murdering a white grocery store owner in a small Louisiana town in the late 1940s. The public defender, trying to arouse sympathy for the defendant, refers to Jefferson as a dumb animal--a hog. The lawyer implores the; Search Snippet: ...A DEATH PENALTY WAKE-UP CALL: REDUCING THE RISK OF RACIAL DISCRIMINATION IN CAPITAL PUNISHMENT Maxine Goodman [FNd1] Copyright (c) 2007... |
2007 |
| Kenneth L. Marcus |
Any Way You Slice It: Why Racial Profiling Is Wrong |
15 William & Mary Bill of Rights Journal 837 (February, 2007) |
The recent resurgence of anti-Semitic incidents at American colleges and universities has revealed a significant ambiguity in anti-discrimination law and raised questions regarding the scope of prohibited racial and ethnic discrimination in American educational institutions. Title VI of the Civil Rights Act of 1964 (the 1964 Act) prohibits... |
2007 |
| Rea J. Harrison |
Black Codes and Broken Windows: the Legacy of Racial Hegemony in Anti-gang Civil Injunctions |
10 Journal of Gender, Race and Justice 505 (Spring 2007) |
I like to stand up for what is right even if I am standing by myself. --Gercia McCrary, on integrating her high school prom in 2002. When reflecting on one's high school experience, one often recalls football games, significant friends and romances, and meaningful extracurricular activities, such as athletics or student government. People also; Search Snippet: ...Student Note BLACK AND WHITE PROM NIGHTS: THE UNCONSTITUTIONALITY OF RACIALLY SEGREGATED HIGH SCHOOL PROMS IN THE 21ST CENTURY Rea J... |
2007 |
| Jody E. Frampton |
Can Michigan Universities Use Proxies for Race after the Ban on Racial Preferences? |
27 Pace Law Review 433 (Spring 2007) |
The identification of strangers is proverbially untrustworthy. The hazards of such testimony are established by a formidable number of instances in the records of English and American trials. Eyewitness identification is one of the most powerful tools that a prosecutor has at his disposal. There is little more dramatic or damning than a confident... |
2007 |
| Brian T. Fitzpatrick |
Can Science Help Solomon? Child Maltreatment Cases and the Potential for Racial and Ethnic Bias in Decision Making |
13 Michigan Journal of Race and Law 277 (Fall 2007) |
In 2003, the Supreme Court of the United States held that public universities-- and the University of Michigan in particular--had a compelling reason to use race as one of many factors in their admissions processes: to reap the educational benefits of a racially diverse student body. In 2006, in response to the Supreme Court's decision, the people; Search Snippet: ...MICHIGAN UNIVERSITIES USE PROXIES FOR RACE AFTER THE BAN ON RACIAL PREFERENCES? Brian T. Fitzpatrick [FNa1] Copyright (c) 2007 University of... |
2007 |
| Sandra T. Azar , Phillip Atiba Goff |
Can Strategic Human Rights Litigation Complement Social Movements? A Case Study of the Movement Against Racism and Hate Speech in Japan |
81 Saint John's Law Review 533 (Summer 2007) |
Over the last three decades, there has been an increasing debate, both domestically and internationally, regarding the consideration that is given to children's rights within the legal system. Nowhere has the protection of children's rights been upheld more strongly than in the passage and application of child protection reporting laws and related; Search Snippet: ...SCIENCE HELP SOLOMON? CHILD MALTREATMENT CASES AND THE POTENTIAL FOR RACIAL AND ETHNIC BIAS IN DECISION MAKING Sandra T. Azar [FNd1... |
2007 |
| Miriam S. Gohara |
Commentary: Racial Disparities in Health Care |
39 Columbia Human Rights Law Review 124 (Fall 2007) |
I thank Professors Dorothy Roberts, Kendall Thomas, and David Rudovsky for providing such provoking food-for-thought at this special Symposium. These three scholars propose ways of helping us move past McCleskey v. Kemp's framework, which fosters the legal denial of race discrimination in the application of criminal laws in the United States; Search Snippet: ...March 2-3, 2007 Article COMMENTARY, SOUNDING THE ECHOES OF RACIAL INJUSTICE BEYOND THE DEATH CHAMBER: PROPOSED STRATEGIES FOR MOVING PAST... |
2007 |
| Dorothy E. Roberts |
Constructing Crimmigration: Latino Subordination in a "Post-Racial" World |
39 Columbia Human Rights Law Review 261 (Fall 2007) |
In her last speech before her death in 1965, playwright Lorraine Hansberry incisively described the nature of racial bias in America. She did not speak about a fairer way of punishing the crimes of black people; rather, she identified the paramount crime in the United States as the refusal of its ruling classes to admit or acknowledge in any way; Search Snippet: ...3, 2007 Article CONSTRUCTING A CRIMINAL JUSTICE SYSTEM FREE OF RACIAL BIAS: AN ABOLITIONIST FRAMEWORK Dorothy E. Roberts [FNa1] Copyright ©... |
2007 |
| Aaron Baker |
Conveyancing - Racial Restrictions - Conditions Subsequent and Special Limitations. Clifton V. Puente, 218 S.w.2d 272 (Tex.civ.app.-san Antonio 1948, Error Ref'd N.r.e.) |
13 Texas Wesleyan Law Review 285 (Symposium 2007) |
I. Introduction. 285 II. Why Compare the Article 14 and Equal Protection Clause Approaches to Profiling?. 288 III. How the Article 14 Analysis Works. 292 IV. How Article 14 Proportionality Should Work Under the HRA. 295 V. The Impact of Protection and Proportionality on U.S. Profiling Cases. 302 VI. Conclusion. 307; Search Snippet: ...and the Quest for Freedom, Justice, and Equality Articles CONTROLLING RACIAL AND RELIGIOUS PROFILING: ARTICLE 14 ECHR PROTECTION V. U.S. EQUAL... |
2007 |
| David G. Savage |
Court Takes Cases out of the Office |
6 ABA Journal E-Report E-Report 4 (April 6, 2007) |
Decisions about employees--whom to hire or fire, to promote or not--tend to be group affairs. A supervisor may manage a few workers. An office manager or site manager may, in turn, oversee those lower-level supervisors. In most companies and agencies, the human resources department oversees the process of hiring and firing employees. And at the top; Search Snippet: ...National Pulse COURT TAKES CASES OUT OF THE OFFICE Firing, racial bias, minimum wage fill out employment law issues David G... |
2007 |
| David G. Savage |
Crack as Proxy: Aggressive Federal Drug Prosecutions and the Production of Black--white Racial Inequality |
93-APR ABA Journal 28 (April, 2007) |
DECISIONS ABOUT EMPLOYEES--WHOM TO hire or fire, to promote or not--tend to be group affairs. A supervisor may manage a few workers. An office manager or site manager may, in turn, oversee those lower-level supervisors. In most companies and agencies, the human resources department oversees the process of hiring and firing employees. And at the top; Search Snippet: ...Court Report COURT TAKES CASES OUT OF THE OFFICE Firing, Racial Bias, Minimum Wage Fill out Employment Law Issues David G... |
2007 |
| Daniel J. Sharfstein |
Crossing the Racial Divide: Challenging Stereotypes about Black Jurors |
91 Minnesota Law Review 592 (February, 2007) |
It ain't no lie, it's a natural fact, / You could have been colored without being so black . . . . -- Sung by deck hands, Auburn, Alabama, 1915-16 They are our enemies; we marry them. -- African Proverb In 1819 a Scotsman named James Flint crossed the Atlantic Ocean, made his way from New York to Pittsburgh, sailed down the Ohio, and settled; Search Snippet: ...Minnesota Law Review February, 2007 Article CROSSING THE COLOR LINE: RACIAL MIGRATION AND THE ONE-DROP RULE, 1600-1860 Daniel J... |
2007 |
| Christopher W. Schmidt |
Doe V. University of Michigan and Campus Bans on "Racist Speech": the View from Within |
42 Harvard Civil Rights-Civil Liberties Law Review 557 (Summer, 2007) |
On December 5, 2006, one day after the United States Supreme Court heard oral arguments on the constitutionality of race-based pupil assignment in public schools, the Ninth Circuit handed down its decision in Doe v. Kamehameha, a case that raised analogous issues in the context of private education. The Ninth Circuit rejected a challenge brought; Search Snippet: ...Development DOE v. KAMEHAMEHA: SECTION 1981 AND THE FUTURE OF RACIAL PREFERENCES IN PRIVATE SCHOOLS Christopher W. Schmidt [FNa1] Copyright © 2007... |
2007 |
| |
Federal Law and Scholarship Policy: an Essay on the Office for Civil Rights, Title Vi, and Racial Restrictions |
120 Harvard Law Review 1105 (February, 2007) |
The land use policies of municipalities across the United States have contributed significantly to widespread racial segregation and inequality. Two Supreme Court decisions from the 1970s regarding challenges to exclusionary zoning--one of the mechanisms by which localities maintain segregation--severely limited the situations in which federal... |
2007 |
| Justin D. Levinson |
Formalism: from Racial Integration to Same-sex Marriage |
57 Duke Law Journal 345 (November, 2007) |
In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this; Search Snippet: ...DUKE LAW JOURNAL Duke Law Journal November, 2007 Articles FORGOTTEN RACIAL EQUALITY: IMPLICIT BIAS, DECISIONMAKING, AND MISREMEMBERING Justin D. Levinson [FNd1... |
2007 |
| N. Jeremi Duru |
From "Fair Driving" to "Fair Discharging": Racially Disparate Outcomes in Common Consumer Transactions |
25 Cardozo Arts and Entertainment Law Journal 485 (2007) |
Introduction. 486 I. From Real to Reel: Crafting the Idyllic Picture. 492 A. Odessa, Texas: A History of Racial Discord and Discrimination. 493 B. Race and Football in Odessa. 496 C. The Decision to De-racialize. 497 II. Racial Discrimination and the Athletic Double Standard. 499 A. The Discriminatory Double Standard - Applied. 499 B. Bases for the; Search Snippet: ...MOTION PICTURE FRIDAY NIGHT LIGHTS DISSERVES THE MOVEMENT TO ERADICATE RACIAL DISCRIMINATION FROM AMERICAN SPORT N. Jeremi Duru [FNa1] Copyright ©... |
2007 |
| Jeannine Bell |
Have Racial and Ethnic Disparities in Sentencing Declined? |
5 Ohio State Journal of Criminal Law 47 (Fall, 2007) |
This Article addresses one of the consequences of racial segregation in housing-violence and intimidation directed at minorities who are integrating white neighborhoods. In describing the history and dynamics of this type of anti-integrationist crime, the Article seeks to offer an introduction to the setting of hate crimes in a neighborhood... |
2007 |
| David B. Cruz |
Hidden Racial Bias: Why We Need to Talk with Jurors about Ferguson |
56 Emory Law Journal 1157 (2007) |
This Article began as the second annual Mary C. Dunlap Memorial Lecture on Sex, Gender, and Social Justice, which I was deeply honored to deliver at the University of California, Boalt Hall School of Law in February 2006. As I recounted there, Mary was a very good fighter, a superb trial attorney, and, eventually, a Supreme Court advocate. Her U.S.... |
2007 |
| Lupe S. Salinas |
Immigration Enforcement and Subordination: the Consequences of Racial Profiling after September 11 |
7 Nevada Law Journal 895 (Summer 2007) |
American history is replete with narrow-minded reactions to speaking languages other than English. The early settlers spoke primarily English; however, many colonists who arrived later spoke other European languages. Regardless, the new settlements inevitably became English-speaking communities. Their numbers and traditions dictated this result; Search Snippet: ...Article Language IMMIGRATION AND LANGUAGE RIGHTS: THE EVOLUTION OF PRIVATE RACIST ATTITUDES INTO AMERICAN PUBLIC LAW AND POLICY Lupe S. Salinas... |
2007 |
| Thomas Ross |
Integrated Education and Mathematics Outcomes: a Synthesis of Social Science Research |
50 Howard Law Journal 685 (Spring 2007) |
Writing about race is an uncertain enterprise. Surely, we tell ourselves, if we can simply find a better way of thinking and talking about race, we might hasten the day of redemption. Yet, after centuries of talk, and imaginative reconstructions of thought, race remains a jagged scar across our social and political landscape. Much has changed, but... |
2007 |
| Genevieve Campbell |
Is Death Really That "Different?" Extraordinary Racial Disparities Infect Life Sentences, Too |
34 Northern Kentucky Law Review 679 (2007) |
Yet another racial classification, this time in the context of race conscious student assignment plans in K-12 public education, has made its way to the Supreme Court by way of challenge under the 14th Amendment's Equal Protection Clause. Because of the current temperament of the Court, the classification will most likely fail, as many similar... |
2007 |
| |
J. United States V. Hays: Racial Gerrymandering and Standing |
43 Criminal Law Bulletin ART 1 (2007) |
2007 Michael Mello, Professor of Law, Vermont Law School; B.A., Mary Washington College, 1979; J.D., University of Virginia, 1982. This essay is an extract of a lecture, Hidden in Plain Sight: Is Capital Punishment Racist?, I delivered at Vermont Law School on February 1, 2007, as part of a Black History Month lecture series. The series was; Search Snippet: ...Law Bulletin Ivon Stanley and James Adams' America: Vectors of Racism in Capital Punishment Michael Mello[ * It is tempting to... |
2007 |
| L. Darnell Weeden |
Judge Blasts 8th Circuit's 'Disrespect' |
33 Thurgood Marshall Law Review 135 (Fall, 2007) |
The topic to be addressed is racial profiling in America and Johnnie Cochran's efforts to make more Americans aware that race profiling exists and the practice is wrong. Johnnie Cochran's recent involvement with the issue of racial profiling has highlighted the fact that in America many local law enforcement officers still equate driving while... |
2007 |
| Theodore M. Shaw |
Keynote--reimagining the Movement to End Gender Violence: Anti-Racism, Prison Abolition, Women of Color Feminisms, and Other Radical Visions of Justice |
39 Columbia Human Rights Law Review 59 (Fall 2007) |
I want to focus not only on the death penalty in my remarks, but also on the broader role of race in the criminal justice system and McCleskey's role in insulating systemic racial discrimination from attack. Along the way, I want to make some observations about the gratuitously cramped constitutional jurisprudence that has come to be applied to; Search Snippet: ...MAINTAINING HOPE IN THE STRUGGLE AGAINST THE CONSTITUTIONAL TOLERANCE OF RACIAL DISCRIMINATION Theodore M. Shaw [FNa1] Copyright (c) 2007 Columbia Human... |
2007 |
| Dariely Rodriguez |
Legal and Policy Standards for Addressing Workplace Racism: Employer Liability and Shared Responsibility for Race-based Traumatic Stress |
18 Berkeley La Raza Law Journal 65 (2007) |
On April 20, 2005, President George W. Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) into law. BAPCPA is the biggest overhaul to the bankruptcy code in more than twenty-five years. The Act makes it harder for individuals to discharge all of their debt under Chapter 7 by increasing the cost of bankruptcy,; Search Snippet: ...AND CONSUMER PROTECTION ACT OF 2005 ON ECONOMIC, SOCIAL, AND RACIAL JUSTICE [FNa1] Dariely Rodriguez [FNaa1] Copyright (c) 2007 Regents of... |
2007 |
| Olatunde C.A. Johnson |
Legislating Virtue: How Segregationists Disguised Racial Discrimination as Moral Reform Following Brown V. Board of Education |
39 Columbia Human Rights Law Review 233 (Fall 2007) |
Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial... |
2007 |
| David Rudovsky |
Litigating for Racial Fairness after Mccleskey V. Kemp |
39 Columbia Human Rights Law Review 97 (Fall 2007) |
The roadblocks to reform of racially biased and other unfair and unconstitutional practices and policies in the criminal justice system that have emerged in the era following the Supreme Court's decision in McCleskey v. Kemp are daunting. The Supreme Court has placed significant obstacles to the pursuit of racial justice and equality in the... |
2007 |
| Sheri Lynn Johnson |
Litigating Racism: Exposing Injustice in Juvenile Prosecutions |
39 Columbia Human Rights Law Review 178 (Fall 2007) |
Professor Amsterdam has given us a map for the future, a map that is both ambitious and inspiring. I hope we are up to the challenge he has posed, but I take on here the much more pedestrian task of reporting on the post-McCleskey litigation for racial fairness, and the lessons the last twenty years have taught those of us who represent capital; Search Snippet: ...McCleskey v. Kemp March 2-3, 2007 Article LITIGATING FOR RACIAL FAIRNESS AFTER MCCLESKEY V. KEMP Sheri Lynn Johnson [FNa1] Copyright... |
2007 |
| Tamara A. Steckler |
Litigating Whiteness: Trials of Racial Determination in the Nineteenth-century South |
60 Rutgers Law Review 245 (Fall 2007) |
While our legal system is built on a foundation of equal justice, the juvenile justice system is anything but equal. Throughout the system, minority youth-- especially African American youth--are subjected to harsher treatment than white youth for similar behavior. Moreover, our current juvenile justice system perpetuates the myth that minority... |
2007 |
| Carla D. Pratt |
Maj. Gen. (Ret.) Kenneth D. Gray Honored with the Aba's Commission on Racial Ethnic Diversity 2018 Spirit of Excellence Award |
2007 Wisconsin Law Review 409 (2007) |
I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the; Search Snippet: ...REVIEW Wisconsin Law Review 2007 Article LOVING INDIAN STYLE: MAINTAINING RACIAL CASTE AND TRIBAL SOVEREIGNTY THROUGH SEXUAL ASSIMILATION Carla D. Pratt... |
2007 |
| David Ingram, Loyola University of Chicago |
Marketing Racism: the Imperialism of Rationality, Critical Race Theory, and Some Interdisciplinary Lessons for Neoclassical Economics and Antidiscrimination Law |
49 American Journal of Legal History 474 (October, 2007) |
Race and ethnicity have been the major categories in terms of which American society has defined citizenship throughout most of its history. Weiner's book examines one very important facet of this feature of American life: the legal ideology that underpinned four major policies of ethno-racial inclusion and exclusion during the period extending; Search Snippet: ...2007 Book Review MARK S. WEINER. AMERICANS WITHOUT LAW: THE RACIAL BOUNDARIES OF CITIZENSHIP. NEW YORK: NEW YORK UNIVERSITY PRESS, 2006... |
2007 |
| Renée M. Landers |
Math and Science Are Core to the Idea: Breaking the Racial and Poverty Lines |
29 Hamline Journal of Public Law and Policy Pol'y 1 (Fall 2007) |
Researchers sometimes do not know, forget, or are unimpressed that Dante reserved the seventh level of hell for those who recognize a problem and do not attempt to do anything to solve it. A vast and growing body of research documents the disparities in health care access, treatment, and outcomes experienced by non-white racial and ethnic groups in; Search Snippet: ...MASSACHUSETTS HEALTH INSURANCE REFORM LEGISLATION: AN EFFECTIVE TOOL FOR ADDRESSING RACIAL AND ETHNIC DISPARITIES IN HEALTH CARE? Renée M. Landers [FNa1... |
2007 |
| Jeffrey Fagan , Mukul Bakhshi |
New Jersey's Experiment with Interdistrict School Choice as a Racially Neutral Alternative: Is it Succeeding? |
39 Columbia Human Rights Law Review Rev. 1 (Fall 2007) |
This year marked the twentieth anniversary of the U.S. Supreme Court's decision in McCleskey v. Kemp, a case whose ramifications for the pursuit of racial equality within criminal justice are still felt today. McCleskey set an impossibly high bar for constitutionally-based challenges seeking fundamental racial fairness in capital punishment. The... |
2007 |
| |
Part Two: Alsen - from Rural to Ruin an Example of Environmental Racism |
121 Harvard Law Review 98 (November, 2007) |
In Brown . . ., this Court . . . recognized . . . that remedying decades of segregation in public education would not be an easy task. Subsequent events, unfortunately, have seen that prediction bear bitter fruit. -- Justice Thurgood Marshall In 1954, a unanimous Supreme Court issued Brown v. Board of Education, holding that public schools cannot; Search Snippet: ...IN COMMUNITY SCHOOLS V. SEATTLE SCHOOL DISTRICT NO. 1: VOLUNTARY RACIAL INTEGRATION IN PUBLIC SCHOOLS Copyright (c) 2007 Harvard Law Review... |
2007 |
| Imani Perry |
Post-mccleskey Racial Discrimination Claims in Capital Cases |
19 National Black Law Journal 113 (2006-2007) |
In this article, I present an analysis of how racism and the practice of racial inequality persist in a society whose citizenry has fully embraced an ethos of racial equality. I offer a theory of what I have termed post-intent racism relying on research in the fields of social cognition, sociology, narratology, and bounded rationality. I argue; Search Snippet: ...JOURNAL National Black Law Journal 2006-2007 Articles POST-INTENT RACISM: A NEW FRAMEWORK FOR AN OLD PROBLEM Imani Perry [FNa1... |
2007 |
| Lynn D. Lu, Katz Fellow &, Counsel, Brennan, Center for Justice, at NYU School of, Law |
Professor Loewy's "Diversity" Defense of Racial Preference: Defining Discrimination Away |
2007 Federal Sentencing Reporter 1296016 (February 1, 2007) |
The federal criminal sentencing system is notorious both for its overall severity and for its disproportionate impact on people of color. Whether federal sentences are appropriately or excessively severe and whether their attendant racial disparities reflect the influence of legitimate or illegitimate factors are both subjects of intense ongoing... |
2007 |
| David C. Baldus , George Woodworth , Catherine M. Grosso |
Race and Rapport: Homophily and Racial Disadvantage in Large Law Firms |
39 Columbia Human Rights Law Review 143 (Fall 2007) |
In 1987, in McCleskey v. Kemp, the U.S. Supreme Court held that statistical proof of systemic racial disparities in the administration of the death penalty implicates neither the Equal Protection Clause of the Fourteenth Amendment nor the Cruel and Unusual Punishments provision of the Eighth Amendment of the U.S. Constitution. The repercussions of; Search Snippet: ...paper was presented as part of the symposium entitled Pursuing Racial Fairness in the Administration of Justice: Twenty Years After McCleskey... |
2007 |
| George A. Martínez |
Race in Ordinary Course: Utilizing the Racial Background in Antitrust and Corporate Law Courses |
33 Journal of Legislation 181 (2007) |
In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded; Search Snippet: ...DISCRIMINATION AND HUMAN RIGHTS CLASS ACTIONS: THE VIRTUAL EXCLUSION OF RACIAL MINORITIES FROM THE CLASS ACTION DEVICE George A. Martínez [FNa1... |
2007 |
| Andrew M. Carlon |
Racial and Ethnic Disparities in Crime and Criminal Justice in the United States |
2007 Brigham Young University Law Review 1151 (2007) |
[T]he Fifth and Fourteenth Amendments to the Constitution protect persons, not groups. Elaine: Well, what do you think? Jerry: What? About you dating a black guy? What's the big dea l? Elaine: What black guy? Jerry: Darryl. He's black, isn't he? Elaine: He is? George: No, he isn't. * * * Jerry: I think he's black. George: Should we be talking about; Search Snippet: ...UNIVERSITY LAW REVIEW Brigham Young University Law Review 2007 Article RACIAL ADJUDICATION Andrew M. Carlon [FNa1] Copyright (c) 2007 Brigham Young... |
2007 |
| Andrew E. Taslitz |
Racial Capitalism |
5 Ohio State Journal of Criminal Law L. 1 (Fall, 2007) |
In this introductory essay to this symposium, Professor Taslitz argues that the modern criminal justice system is plagued by racial blindsight. Analogizing to the physical phenomenon of blindsight in which a blind person sees objects but does not know that he sees them, Taslitz maintains that criminal justice system actors often view the world; Search Snippet: ...Criminal Law Fall, 2007 Symposium Racial Blindsight and Criminal Justice RACIAL BLINDSIGHT: THE ABSURDITY OF COLOR-BLIND CRIMINAL JUSTICE Andrew E... |
2007 |
| Edward C. Thomas |
Racial Classification in Assisted Reproduction |
2007 Brigham Young University Law Review 813 (2007) |
In December, 2006, the Supreme Court heard oral argument in a pair of cases that once again thrust racial classification to the forefront of public debate. The two cases, Meredith v. Jefferson City Board of Education, and Parents Involved in Community Schools v. Seattle School District, are the Court's first review of racial classification under; Search Snippet: ...UNIVERSITY LAW REVIEW Brigham Young University Law Review 2007 Comment RACIAL CLASSIFICATION AND THE FLAWED PURSUIT OF DIVERSITY: HOW PHANTOM MINORITIES... |
2007 |
| Amelia Parker |
Racial Disparities in Wiretap Applications Before Federal Judges |
14 Human Rights Brief 27 (Spring, 2007) |
They were underprivileged anyway, commented former first lady Barbara Bush in reference to the thousands of 2005 Hurricane Katrina evacuees--the majority of whom were poor, African American, and disabled--seeking refuge in the Houston, Texas Astrodome after losing everything in the storm. This is working very well for them, she continued. Mrs.... |
2007 |
| Marcia Eason |
Racial Emotion in the Workplace |
43-JUL Tennessee Bar Journal B.J. 3 (July, 2007) |
One of the characteristics of our legal profession is the dynamic of change. To some, change is not easy nor is it welcome. To others, change presents an opportunity for improvement. Regardless of how one initially views change, whether grumbling as it attacks our comfort zone or delighting in new experience, it has an effect on what we do,; Search Snippet: ...TENNESSEE BAR JOURNAL Tennessee Bar Journal July, 2007 President's Perspective RACIAL DIVERSITY, WELL-BEING ON AGENDA FOR THIS YEAR Marcia Eason... |
2007 |
| Angela J. Davis |
Racial Formation in Quebec: a Legal Retrospective |
39 Columbia Human Rights Law Review 202 (Fall 2007) |
There are many complex reasons for the unwarranted racial disparities that plague the American criminal justice system, but one of the most significant contributing factors is the exercise of prosecutorial discretion, especially at the charging and plea bargaining stages of the process. Few prosecutors consciously favor criminal defendants or... |
2007 |
| Marc Mauer |
Racial Impact Statements: a Proactive Approach to Addressing Racial Disparities in Prison Populations |
5 Ohio State Journal of Criminal Law 19 (Fall, 2007) |
The extreme racial disparities in rates of incarceration in the United States result from a complex set of factors. Among these are sentencing and drug policies which, intended or not, produce disproportionate racial/ethnic effects. In retrospect, it is clear that many of these effects could have been predicted prior to the adoption of the... |
2007 |