| Author | Title | Citation | Summary | Year |
| Rhonda M. Reaves |
One Path for "Post-Racial" Employment Discrimination Cases--the Implicit Association Test Research as Social Framework Evidence |
38 University of Richmond Law Review 839 (May, 2004) |
I. Introduction. 841 II. The Role of Analogy in Anti-Discrimination Law. 845 A. Use of Analogies Lends Moral Force in Support of Extending the Law to New Groups. 846 B. Failure To Acknowledge Difference Can Undermine the Moral Force of Analogy. 847 C. The Experiences of Older Workers and Workers of Color Are Disanalogous in Certain Respects. 848 1; Search Snippet: ...THESE THINGS IS NOT LIKE THE OTHER: ANALOGIZING AGEISM TO RACISM IN EMPLOYMENT DISCRIMINATION CASES Rhonda M. Reaves [FNa1] Copyright ©... |
2004 |
| Kevin Noble Maillard |
Parents Involved in Community Schools V. Seattle School District No. 1: Voluntary Racial Integration in Public Schools |
28 American Indian Law Review 107 (2003/2004) |
The question Who is Indian? marks a standard subject of academic inquiry, but to ask who decides and how is much more interesting. In Indian country, state and tribal standards for determining Indian may belie personal and private definitions of identity. While I believe that identity should be self-defined, the unavoidable truth persists... |
2004 |
| Theresa A. Martinez |
Perceptual Prisms and Racial Realism: the Good News about a Bad Situation |
2004 Utah Law Review 945 (2004) |
I would like to quote a participant in a public hearing held at the University of Utah by the Utah Task Force on Racial and Ethnic Fairness in the Legal System. The task force was entrusted with compiling data on the issue of unequal treatment of people of color in the Utah legal system; the participant was an African American male. The transcript; Search Snippet: ...REVIEW Utah Law Review 2004 Racial Profiling Symposium PERCEPTIONS OF RACIAL PROFILING: RAP MUSIC, UTAH, AND POLICE IN AMERICAN CULTURE Theresa... |
2004 |
| Mattie Johnstone , Joshua M. Zachariah |
Peremptory Challenges in Civil Cases-does Edmonson Alleviate Racial Discrimination in the Jury Selection Process? |
17 Georgetown Journal of Legal Ethics 863 (Summer, 2004) |
The persistence of racial bias in our legal system is a profound impediment to the administration of justice because it denies equal justice. Denying particular types of citizens the duty and privilege of participating in our judicial process through jury service on the basis of race has been one of the most visible manifestations of this bias. As... |
2004 |
| Camille Gear Rich |
Performing Whiteness: Naturalization Litigation and the Construction of Racial Identity in America |
79 New York University Law Review 1134 (October, 2004) |
Courts interpreting Title VII have long treated race and ethnicity as biological, morphological concepts and discrimination as a reaction to a set of biologically fixed traits. Meanwhile, they have rejected claims concerning discrimination based on voluntarily chosen physical traits or performed behaviors and that communicate racial or ethnic; Search Snippet: ...REVIEW New York University Law Review October, 2004 Articles PERFORMING RACIAL AND ETHNIC IDENTITY: DISCRIMINATION BY PROXY AND THE FUTURE OF... |
2004 |
| Mark C. Fava |
Post-intent Racism: a New Framework for an Old Problem |
15-JAN South Carolina Lawyer 34 (January, 2004) |
The tragic events of September 11, 2001, dramatically changed many aspects of our lives. No aspect has been more drastically impacted than air travel. Since September 11, courts have been faced with litigation as a result of the terrorists' attacks, allegations of air carrier racial discrimination and actions involving unruly passengers. This... |
2004 |
| Dick Broom |
Prejudice Against Being Prejudiced: Racist Speech and the Specter of Seditious Libel in Brazil |
19 Maine Bar Journal 102 (Spring, 2004) |
In a democracy, public policy is supposed to reflect public opinion or, at the very least, to take it into account. But what if public opinion is based on attitudes that run counter to the notion that all people are created equal? What if, on some issues, public opinion is shaped by racial prejudice? For nearly twenty years, two University of Maine; Search Snippet: ...FNa1] Two University of Maine Sociologists Study the Link Between Racial Perceptions and Attitudes Toward Criminal Justice Dick Broom [FNa2] Copyright... |
2004 |
| Lu-in Wang |
Race as Resistance: Racial Identity as More than Ancestral Heritage |
53 DePaul Law Review 1013 (Spring 2004) |
In our society, race can act as a proxy for a long list of characteristics, qualities, and statuses. For people of color, the most powerful of these associations have too often been negative, and have carried with them correspondingly negative consequences. We often link color with undesirable personal qualities such as laziness, incompetence, and; Search Snippet: ...in Race and the Law Articles RACE AS PROXY: SITUATIONAL RACISM AND SELF-FULFILLING STEREOTYPES Lu-in Wang [FNa1] Copyright ©... |
2004 |
| Marjorie H. O'Reilly |
Race, Law, and the Free Market: a Critical Law and Economics Conception of Racism as Asymmetrical Market Failure |
27-FALL Family Advocate 37 (Fall, 2004) |
Mediation has become a viable and sometimes preferred alternative to litigation in resolving family conflicts. It offers many families a greater degree of control over what happens to them than generally is available in court. For example, culturally appropriate child-rearing practices that are unknown and, therefore, not considered by a judge may; Search Snippet: ...the informality of the setting create an environment in which racism and cultural insensitivity may enter unchecked? Marjorie H. O'Reilly [FNa1... |
2004 |
| Jeremiah Wagner |
Racial (Re)construction: the Case of the South African Truth and Reconciliation Commission |
22 Law & Inequality: A Journal of Theory and Practice 73 (Winter 2004) |
Prior to 1954, Black students were not permitted to attend Central High School in Little Rock, Arkansas. But, in 1954, the Supreme Court decided Brown v. The Board of Education I (Brown I) and declared that schools could no longer deny admittance on the basis of race. A year later, the Supreme Court decided Brown v. The Board of Education II (Brown; Search Snippet: ...Inequality: A Journal of Theory and Practice Winter 2004 Article RACIAL (DE)PROFILING: MODELING A REMEDY FOR RACIAL PROFILING AFTER THE SCHOOL DESEGREGATION CASES Jeremiah Wagner [FNa1] Copyright... |
2004 |
| David A. Skeel, Jr. |
Racial Dimensions of Property Value Protection under the Fair Housing Act |
61 Washington and Lee Law Review 1695 (Fall, 2004) |
C1-4Table of Contents I. L2-3,T3Introduction 1695. II. L2-3,T3The Mystery of the Missing Bankruptcy Practice: Credit and Race in the Middle Decades 1698. A. A Brief Overview of a Prominent Black Philadelphia Law Firm. 1699 B. Explaining the Absence of Bankruptcy. 1700 III. L2-3,T3Credit Cards, Bankruptcy, and Consumer Protection in the 1970s 1706; Search Snippet: ...Review Fall, 2004 Symposium Critical Race Theory: The Next Frontier RACIAL DIMENSIONS OF CREDIT AND BANKRUPTCY David A. Skeel, Jr. [FNa1... |
2004 |
| Robert M. Crea |
Racial Discrimination and Exclusionary Zoning: a Perspective on Arlington Heights |
30 Journal of Legislation 289 (2004) |
Baker v. Carr and the reapportionment cases that followed reshaped representative government at the state level through the principle of one voter, one vote. Some scholars have declared that Baker, the seminal case on reapportionment, has nothing to do with racial discrimination. The case, they argue, regards only the representative imbalance; Search Snippet: ...WL 2166114 JOURNAL OF LEGISLATION Journal of Legislation 2004 Note RACIAL DISCRIMINATION AND BAKER v. CARR Robert M. Crea [FNa1] Copyright... |
2004 |
| Nancy Kenyon |
Racial Discrimination in Employment |
31-SPG Human Rights 18 (Spring, 2004) |
Arecent study of residential care facilities (RCFs) indicates that 60 percent of elderly people of color experience discrimination in seeking placements. Conducted by Fair Housing of Marin, in areas of both Marin and Sonoma counties, the results showed clear evidence of differential treatment that favored Caucasian applicants. RCFs, sometimes; Search Snippet: ...18 2004 WL 945193 HUMAN RIGHTS Human Rights Spring, 2004 RACIAL DISCRIMINATION IN ELDER CARE FACILITIES Nancy Kenyon [FNa1] Copyright © 2004... |
2004 |
| Gloria Valencia-Weber |
Racial Equality: Progressives' Passion for the Unattainable |
80 Notre Dame Law Review 333 (November, 2004) |
Prologue. 334 Introduction: American Indian Sovereigns Are More Than Race Only. 334 I. The Colonial Male Model of Equality. 338 II. American Indians, the Political Collective, and Individuals. 341 A. Contemporary Tribal Sovereigns. 341 B. Indians as Individuals: The Non-Citizen Other in the Constitution. 347 III. Constitutional and Indigenous; Search Snippet: ...Review November, 2004 Symposium Racial Justice in the New Millennium RACIAL EQUALITY: OLD AND NEW STRAINS AND AMERICAN INDIANS Gloria Valencia... |
2004 |
| Sarah B. Bowman, Matthew J. Burnett, Ford Clary, Kimberly C. Cushing |
Racial Integration as a Compelling Interest |
3 Seattle Journal for Social Justice 143 (Fall/Winter, 2004) |
Seattle University School of Law is proud of its accomplishments in making the faculty, student body, and the administrative staff more diverse. Consistent with its Jesuit, Catholic mission, the School has sought to provide opportunities for access to the legal profession by qualified individuals who are members of groups that are underrepresented; Search Snippet: ...2004 From Brown to Grutter: Racial Integration and the Law RACIAL INTEGRATION AND THE LEGACY OF BROWN AT SEATTLE UNIVERSITY SCHOOL... |
2004 |
| Elizabeth S. Anderson |
Racial Integration in Urban Public Housing: the Method Is Legal, the Time Has Come |
21 Constitutional Commentary 15 (Spring 2004) |
The premise of this symposium is that the principle and ideal developed in Brown v. Board of Education and its successor cases lie at the heart of the rationale for affirmative action in higher education. The principle of the school desegregation cases is that racial segregation is an injustice that demands remediation. The ideal of the school... |
2004 |
| Leonard M. Baynes |
Racial Justice: Moral or Political? |
80 Notre Dame Law Review 243 (November, 2004) |
From June 13-15, 2004, the Association of American Law Schools (AALS) held a midyear workshop on Racial Justice in the New Millennium. This workshop commemorated the fiftieth anniversary of Brown v. Board of Education and the first anniversary of Grutter v. Bollinger. At the workshop, scholars came together to assess and evaluate racial equality; Search Snippet: ...Review November, 2004 Symposium Racial Justice in the New Millennium RACIAL JUSTICE IN THE NEW MILLENNIUM; FROM BROWN TO GRUTTER: METHODS TO ACHIEVE NON-DISCRIMINATION AND COMPARABLE RACIAL EQUALITY Introduction Leonard M. Baynes [FNa1] Copyright (c) 2004 University... |
2004 |
| Kendall Thomas |
Racial Libel as American Ritual |
17 National Black Law Journal 222 (2003-2004) |
In the present century, black people are believed to be totally different from whites in race and origin, yet totally equal to them with regard to human rights. In the sixteenth century, when blacks were thought to come from the same roots and to be of the same family as whites, it was held . . . that with regards to rights blacks were by nature; Search Snippet: ...BLACK LAW JOURNAL National Black Law Journal 2003-2004 Articles RACIAL JUSTICE: MORAL OR POLITICAL? [FNa1] Kendall Thomas Copyright (c) 2004... |
2004 |
| Kevin R. Johnson |
Racial Profiling and a Punitive Exclusionary Rule |
50 Loyola Law Review 67 (Spring 2004) |
Before September 11, 2001, a grim turning point in the history of the United States, the highest levels of government had condemned racial profiling by law enforcement. The nation had increasingly embraced the idea that impermissible reliance on race by police in traffic stops and other law enforcement activities was a serious problem, in addition; Search Snippet: ...Review Spring 2004 Symposium on Immigration Law and Terrorism Articles RACIAL PROFILING AFTER SEPTEMBER 11: THE DEPARTMENT OF JUSTICE'S 2003 GUIDELINES... |
2004 |
| R. Richard Banks |
Racial Profiling and International Human Rights Law: Illegal Discrimination in the United States |
89 Cornell Law Review 1201 (July, 2004) |
Introduction. 1201 I. The Suspect Description Boundary of Racial Profiling. 1203 A. The Permissibility of Suspect Description Reliance. 1203 B. Suspect Description/Profile Dissimilarity. 1205 II. The Selection of Terrorism Suspects. 1207 A. Pervasive Suspect Description Reliance. 1208 B. Suspect Descriptions Derived from Profiles. 1211 C; Search Snippet: ...1695995 CORNELL LAW REVIEW Cornell Law Review July, 2004 Essay RACIAL PROFILING AND ANTITERRORISM EFFORTS R. Richard Banks [FNd1] Copyright ©... |
2004 |
| Floyd D. Weatherspoon |
Racial Profiling Redux |
38 John Marshall Law Review 439 (Winter 2004) |
Every African-American male in this country who drives a vehicle, or has traveled by bus or plane, either knowingly or unknowingly has been the victim of racial profiling by law enforcement officials. Indeed, African-American males are disproportionately targeted, stopped, and searched by law enforcement officials based on race and gender. Those; Search Snippet: ...REVIEW John Marshall Law Review Winter 2004 December 2004 Article RACIAL PROFILING OF AFRICAN-AMERICAN MALES: STOPPED, SEARCHED, AND STRIPPED OF... |
2004 |
| Jason Sheffield |
Racial Profiling: 'Driving While Mexican' and Affirmative Action |
21 Georgia State University Law Review 210 (Fall, 2004) |
Bill Number: HB 1327 Summary: In 2004, the Georgia General Assembly considered a bill to amend the portion of the Georgia Code dealing with motor vehicles and traffic. HB 1327 would have prohibited the use of race or ethnicity in forming probable cause or reasonable suspicion to stop a vehicle and would have mandated data collection for all traffic; Search Snippet: ...State University Law Review Fall, 2004 Motor Vehicle and Traffic RACIAL PROFILING: AMEND THE OFFICIAL CODE OF GEORGIA SO AS TO... |
2004 |
| |
Racial Segregation in American Churches and its Implications for School Vouchers |
40 Criminal Law Bulletin ART 2 (2004) |
Professor, School of Criminal Justice, University at Albany. Professor, School of Criminal Justice, University at Albany. The authors thank Professor James Robertson for his thoughtful suggestions regarding this Article; Search Snippet: ...Bulletin Volume 40, Issue 5 Fall 2004 Criminal Law Bulletin Racial Segregation as a Prison Initiation Experience Hans Toch and James... |
2004 |
| Rhonda V. Magee Andrews |
Racial Templates |
13 Temple Political & Civil Rights Law Review 891 (Spring 2004) |
Liberation is thus a childbirth, and a painful one. Paulo Freire Brazilian philosopher of education On the occasion of my elevation to the status of tenured Professor, the Dean of my law school was kind enough to send flowers. When they arrived at my home in an over-priced and almost exclusively white neighborhood, I opened the door to a tall,; Search Snippet: ...Exploring the History, Evolution, And Future of the Fourteenth Amendment RACIAL SUFFERING AS HUMAN SUFFERING: AN EXISTENTIALLY-GROUNDED HUMANITY CONSCIOUSNESS AS... |
2004 |
| Benjamin Kohler |
Racial Vote Dilution and Separation of Powers: an Exploration of the Conflict Between the Judicial 'Intent' and the Legislative 'Results' Standards |
77 Temple Law Review 757 (Fall 2004) |
The quality of a particular voice is sensed by hearing, just as the appearance of a person is sensed by sight. It is simply not possible to perceive appearance using the sense of hearing. One might presume that a particular voice or accent would be indicative of how the speaker might look. However, that presumption would be based solely on... |
2004 |
| George H. Taylor |
Racism as a Strategic Tool at Trial: Appealing Race-based Prosecutorial Misconduct |
9 Michigan Journal of Race and Law 269 (Spring 2004) |
INTRODUCTION. 269 I. The Problem: Racism's Permanence. 272 A. Bell's Thesis. 272 B. The Evidence. 275 II. The Possibilities of Action. 282 A. The Virtues of Necessity. 282 B. Action as Protest. 284 C. Action as Racial Realism. 285 D. Action as Writing. 287 E. Action: Not By Morality Alone. 290 III. Niebuhr's Theology. 291 A. A Political Theology; Search Snippet: ...LAW Michigan Journal of Race and Law Spring 2004 Article RACISM AS THE NATION'S CRUCIAL SIN [FNd1] : THEOLOGY AND DERRICK BELL... |
2004 |
| Winston P. Nagan, Author , Vivile F. Rodin, Co-Author |
Racism, Juries, and Justice: Addressing Post-verdict Juror Testimony of Racial Prejudice During Deliberations |
17 National Black Law Journal 133 (2003-2004) |
So you see, love for a job well done is a deeply ambiguous virtue. It animated Michelangelo . . . Rudolph Hess, the Auschwitz commander, boasted of the same virtue. --Primo Levi The problems of racial prejudice, anti-Semitism, apartheid, and genocide are outcomes of a global perspective of socially based group deprivations. As forms of group; Search Snippet: ...BLACK LAW JOURNAL National Black Law Journal 2003-2004 Articles RACISM, GENOCIDE, AND MASS MURDER: TOWARD A LEGAL THEORY ABOUT GROUP... |
2004 |
| Vivian Grosswald Curran |
Racist |
28 Vermont Law Review 683 (Spring, 2004) |
This Article addresses what may be called the problem of law's association with evil by arguing a point Ernst Cassirer made in The Myth of the State: The self-preservation of the state cannot be secured by its material prosperity nor can it be guaranteed by the maintenance of certain constitutional laws. Written constitutions or legal charters have... |
2004 |
| Chris Chambers Goodman |
Redeeming Whiteness in the Shadow of Internment: Earl Warren, Brown, and a Theory of Racial Redemption |
88 Marquette Law Review 299 (Fall 2004) |
Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument... |
2004 |
| Bernard E. Harcourt |
Rethinking Shaw V. Reno, the Supreme Court's Benign Race-related Jurisprudence and Louisiana's Recent Reapportionment: the Argument for Intermediate Scrutiny in Racial Gerrymandering According to the Voting Rights Act |
71 University of Chicago Law Review 1275 (Fall 2004) |
New reporting requirements and data collection efforts by over four hundred law enforcement agencies across the country--including entire states such as Maryland, Missouri, and Washington --are producing a continuous flow of new evidence on highway police searches. For the most part, the data consistently show disproportionate searches of; Search Snippet: ...REVIEW University of Chicago Law Review Fall 2004 Article RETHINKING RACIAL PROFILING: A CRITIQUE OF THE ECONOMICS, CIVIL LIBERTIES, AND CONSTITUTIONAL... |
2004 |
| Abigail Thernstrom , Stephan Thernstrom |
Section 5 of the Voting Rights Act and its Place in "Post-Racial" America |
21 Constitutional Commentary 251 (Spring 2004) |
One should never count on the U.S. Supreme Court to think and write clearly-- or even to tell the whole truth and nothing but. Its most famous decisions involving racial equality in the last half century, starting with Brown v. Board of Education, are, to put it delicately, a mess. Brown barely qualified as constitutional reasoning, although the; Search Snippet: ...and Defining Racial Equality SECRECY AND DISHONESTY: THE SUPREME COURT, RACIAL PREFERENCES, AND HIGHER EDUCATION Abigail Thernstrom [FNa1] Stephan Thernstrom [FNaa1... |
2004 |
| Daniel M. Filler |
Silencing Race & the First Amendment: the Suppression of Student Expression & Curricular Coverage of Racial Identity & Ethnic Solidarity in K-12 Education |
89 Iowa Law Review 1535 (May, 2004) |
I. Introduction. 1537 II. White Narratives and the History of Community Notification. 1541 III. The Disparate Racial Effects of Community Notification. 1549 A. Statistical Disparities. 1549 B. Replication of Historical Racial Discrimination. 1558 1. Racism in U.S. Trial Procedures. 1558 2. Racism in Plea Bargaining. 1559 3. Racism in Juvenile; Search Snippet: ...REVIEW Iowa Law Review May, 2004 Article SILENCE AND THE RACIAL DIMENSION OF MEGAN'S LAW Daniel M. Filler [FNd1] Copyright ©... |
2004 |
| Dale Minami , Karen Narasaki , Heba Nimr , Joannie Chang , Phil Ting |
Sixty Years after the Internment: Civil Rights, Identity Politics, and Racial Profiling: |
11 Asian Law Journal 151 (May, 2004) |
PHIL TING: My name is Phil Ting and I am the Executive Director of the Asian Law Caucus. I am going to be moderating this panel tonight. I am very honored and happy to have everybody here. I want to mention who the sponsors are for tonight. I want to thank the Asian Law Journal and the Berkeley Journal for Employment and Labor Law for helping us; Search Snippet: ...SIXTY YEARS AFTER THE INTERNMENT: CIVIL RIGHTS, IDENTITY POLITICS, AND RACIAL PROFILING Dale Minami [FNd1] Karen Narasaki [FNdd1] Heba Nimr [FNddd1... |
2004 |
| |
Skills Gaps, Not Tests, Make Racial Proportionality Impossible |
11 Asian Law Journal 145 (May, 2004) |
On April 17, 2003, the Asian Law Journal was pleased to host a panel discussion, co-sponsored by the Asian Law Caucus, a community legal services organization in San Francisco, and Third Thursdays, organizers of a monthly dinner series that educates the Asian American and Pacific Islander community about issues and service opportunities. The Asian; Search Snippet: ...SIXTY YEARS AFTER THE INTERNMENT: CIVIL RIGHTS, IDENTITY POLITICS, AND RACIAL PROFILING: Introduction from the Asian Law Journal [FNa1] Copyright ©... |
2004 |
| |
Spirit-murdering the Messenger: the Discourse of Fingerpointing as the Law's Response to Racism |
16 Washington University Journal of Law and Policy 43 (2004) |
MR. SHAW: Thank you and good morning. I want to thank Anwar for his remarks and also Dean Peter Wiedenbeck who's been a really gracious host. I've really enjoyed the interaction I've had with students and faculty as well as the opportunity to see this wonderful facility. This is a wonderful and a beautiful facility that you have here. I was caught; Search Snippet: ...M. SHAW: FROM BROWN TO GRUTTER: THE LEGAL STRUGGLE FOR RACIAL EQUALITY Copyright (c) 2004 Washington University MR. SHAW: Thank you... |
2004 |
| Joe R. Feagin , Bernice McNair Barnett |
Suing for Freedom: InterRacial Sex, Slave Law, and Racial Identity in the Post-revolutionary and Antebellum South |
2004 University of Illinois Law Review 1099 (2004) |
Despite the enactment of the Fourteenth Amendment in 1868, legal segregation nevertheless remained pervasive throughout the United States in the following nine decades due to various state statutes and federal and state court decisions. Nowhere was the existence of legal segregation more prevalent than in school systems throughout the United; Search Snippet: ...Board and Equal Educational Opportunity SUCCESS AND FAILURE: HOW SYSTEMIC RACISM TRUMPED THE BROWN V. BOARD OF EDUCATION DECISION [FNd1] Joe... |
2004 |
| Jason A. Gillmer |
Supreme Court Finds Standing for a White Criminal Defendant to Raise Equal Protection and Due Process Challenges Against Racial Discrimination in the Selection of Grand Jurors |
82 North Carolina Law Review 535 (January, 2004) |
In this Article, Professor Jason A. Gillmer looks at freedom suits and, in particular, the different ways the Southern socio-legal regime responded to slaves of mixed-race descent asserting their right to freedom in the courts. These cases are important ones, he argues, because they offer a valuable look into the complex history of race, sex,; Search Snippet: ...2004 Articles SUING FOR FREEDOM: INTERRACIAL SEX, SLAVE LAW, AND RACIAL IDENTITY IN THE POST-REVOLUTIONARY AND ANTEBELLUM SOUTH Jason A... |
2004 |
| Paul Brickner , Meghan Hanson |
The Anti-Racist |
26 Thomas Jefferson Law Review 203 (Spring 2004) |
For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met; Search Snippet: ...Jefferson Law Review Spring 2004 Lead Articles THE AMERICAN DREAMERS: RACIAL PREJUDICES AND DISCRIMINATION AS SEEN THROUGH THE HISTORY OF AMERICAN... |
2004 |
| William C. Kidder |
The Battle Ground of Experience |
29 Law and Social Inquiry 547 (Summer 2004) |
In this article, the author applies social closure theory to help explain why more than a dozen states have recently enacted more stringent bar exam passing standards and why others are considering similar changes. While higher standards are usually advocated as a way to protect the public from lower student quality, the author applies social; Search Snippet: ...DEFERRED: A CRITICAL ANALYSIS OF THE MBE, SOCIAL CLOSURE, AND RACIAL AND ETHNIC STRATIFICATION William C. Kidder [FNa1] Copyright (c) 2004... |
2004 |
| Linda S. Greene |
The Constitution and Racial Preference in Law School Admissions |
43 Washburn Law Journal 253 (Winter 2004) |
It is not surprising that significant attention focused on the outcomes of Gratz v. Bollinger and Grutter v. Bollinger. Significant race cases always attract tremendous attention. Jennifer Gratz and Barbara Grutter challenged the admissions policies of one of the most prestigious institutions of higher education, the University of Michigan. In the; Search Snippet: ...of Education Revisited: Fiftieth Anniversary Symposium Article THE CONSTITUTION AND RACIAL EQUALITY AFTER GRATZ AND GRUTTER Linda S. Greene [FNa1] Copyright... |
2004 |
| Kathleen Doane |
The Futile Quest for Racial Neutrality in Capital Selection and the Eighth Amendment Argument for Abolition Based on Unconscious Racial Discrimination |
51-SEP Federal Lawyer 14 (September, 2004) |
As Chip Harrod grasped the bar and stepped up into the old Montgomery, Ala., city bus, he thought about Rosa Parks and how her single act of defiance had changed a nation. He had long admired the courage of the 42-year-old woman who had boarded a similar bus after work on Dec. 1, 1955, and taken a seat near the front rather than walk to the back; Search Snippet: ...wants to transform you into a frontline fighter for freedom, racial equality, and social justice. Can a museum really do that... |
2004 |
| Scott W. Howe |
The Future Is Now: Legal and Policy Options for Racially Integrated Education |
45 William and Mary Law Review 2083 (April, 2004) |
C1-4Table of Contents L1-3,T3Introduction 2085 I. L2-3,T3Characteristics of Post-Furman Capital Selection That Promote the Influence of Racial Bias 2095. A. Broad Applicability of Death Penalty. 2096 B. Decentralized Decision Makers. 2099 C. Prosecutorial Discretion. 2101 D. Sentencer Discretion. 2103 II. L2-3,T3Statistical Evidence of Racial; Search Snippet: ...Mary Law Review April, 2004 Article THE FUTILE QUEST FOR RACIAL NEUTRALITY IN CAPITAL SELECTION AND THE EIGHTH AMENDMENT ARGUMENT FOR ABOLITION BASED ON UNCONSCIOUS RACIAL DISCRIMINATION Scott W. Howe [FNa1] Copyright © 2004 by William and... |
2004 |
| Harry T. Edwards |
The Judicial Role in Attacking Racial Discrimination in Tax-exempt Private Schools |
102 Michigan Law Review 944 (March, 2004) |
Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other tangible factors may be equal, deprive the children of the minority group of equal educational; Search Snippet: ...BROWN V. BOARD OF EDUCATION TO GRUTTER V. BOLLINGER: FROM RACIAL ASSIMILATION TO DIVERSITY Harry T. Edwards [FNa1] Copyright (c) 2004... |
2004 |
| Erik Lillquist , Charles A. Sullivan |
The Legacy of American Apartheid and Environmental Racism |
39 Harvard Civil Rights-Civil Liberties Law Review 391 (Summer, 2004) |
Modern medicine has embraced the use of race. Race is routinely employed by medical researchers, clinicians, and community health officials. Moreover, medicine's use of race is not done in the shadows, but right before our eyes. Physicians note our race when treating us and medical researchers routinely publish results that classify subjects based; Search Snippet: ...Law Review Summer, 2004 Article THE LAW AND GENETICS OF RACIAL PROFILING IN MEDICINE Erik Lillquist [FNa1] Charles A. Sullivan [FNaa1... |
2004 |
| Lisbeth B. Schorr |
The Only Way: Roberts' Stand on the Prevention of Racial Discrimination |
88 Judicature 92 (September-October 2004) |
Over the half-century since the U.S. Supreme Court's ruling in Brown v. Board of Education, our nation has struggled to fulfill its commitment to racial equality. In Brown, the Court recognized the indispensable role that equal education opportunity would play in achieving that goal. Yet, not long after Brown, the country's courts and political; Search Snippet: ...THE O'CONNOR PROJECT: INTERVENING EARLY TO ELIMINATE THE NEED FOR RACIAL PREFERENCES IN HIGHER EDUCATION To achieve Justice O'Connor's objective, we... |
2004 |
| Michael K. Fridkin |
The Perpetuation of Residential Racial Segregation in America: Historical Discrimination, Modern Forms of Exclusion, and Inclusionary Remedies |
24 Northern Illinois University Law Review 509 (Summer 2004) |
C1-3Table of Contents Introduction. 509 I. Judicial Scrutiny of Non-Remedial Justifications for Race Conscious Government Programs. 511 A. THE ACCEPTANCE OF COMPELLING, NON-REMEDIAL GOALS. 511 1. Diversity as a Compelling Interest. 511 2. Operational Needs as a Compelling Interest. 515 B. THE NARROWLY TAILORED USE OF RACE FOR NON-REMEDIAL ENDS. 519; Search Snippet: ...Protection Jurisprudence Article THE PERMISSIBILITY OF NON-REMEDIAL JUSTIFICATIONS FOR RACIAL PREFERENCES IN PUBLIC CONTRACTING Michael K. Fridkin [FNa1] Copyright ©... |
2004 |
| Richard Delgado , Jean Stefancic |
The Racial Ecology of the Courtroom: an Experimental Study of Juror Response to the Race of Criminal Defendants |
47 Howard Law Journal 473 (Spring 2004) |
Legal interpretation takes place in a field of pain and death. But even that graphic statement by Robert Cover--perhaps the most famous ever written in a law review article--may understate. It is not merely that judges' dockets are full of murders, rapes, assaults, and other forms of gore that they are left to clean up because no one else will; Search Snippet: ...2004 Brown@50 Symposium Inaugural Charles Hamilton Houston Lecture THE RACIAL DOUBLE HELIX: WATSON, CRICK, AND BROWN V. BOARD OF EDUCATION... |
2004 |
| Kevin Brown |
The Racial Geography of the Federal Death Penalty |
78 Tulane Law Review 2061 (June, 2004) |
Justice O'Connor's opinion for the United States Supreme Court in Grutter v Bollinger upheld the University of Michigan Law School's affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative; Search Snippet: ...Grutter: Affirmative Action and Higher Education in the South THE RACIAL GAP IN ABILITY: FROM THE FIFTEENTH CENTURY TO GRUTTER AND... |
2004 |
| Michael Poulshock |
The Supremacy of Equal Rights': the Struggle Against Racial Discrimination in Antebellum Massachusetts and the Foundations of the Fourteenth Amendment |
14 Temple Political & Civil Rights Law Review 259 (Fall 2004) |
This article addresses the existence of white supremacy in the least likely of places: within the struggle for racial justice itself. The phenomenon is probably surprising only to people of European descent, including white liberals who consider themselves to be concerned about racial equality. People of color have been raising the issue of white... |
2004 |
| Rachel D. Godsil |
Vigilante Racism: the De-americanization of Immigrant America |
53 Emory Law Journal 1807 (Fall 2004) |
Introduction. 1809 I. Reprise of Property and Liability Rules. 1815 A. Current Methods Lead to Inaccurate Determinations of Value. 1818 B. Parties Rarely Bargain After Judgment. 1820 II. Race, Poverty, and Pollution in Action. 1822 A. Camden, New Jersey: From Suburb to Slum. 1822 B. Black, Brown, and Polluted: Segregated Communities in the; Search Snippet: ...BEHIND THE COLOR LINE: PROPERTY RULES, LIABILITY RULES, AND ENVIRONMENTAL RACISM Rachel D. Godsil [FNa1] Copyright (c) 2004 Emory Law Journal... |
2004 |