| Author | Title | Citation | Summary | Year |
| Steven T. Taylor |
The Permissibility of Non-remedial Justifications for Racial Preferences in Public Contracting |
18 Of Counsel Counsel 2 (August 2, 1999) |
It may not be something the profession wants to acknowledge. In fact, many lawyers and law firm managers repeatedly deny its existence, even in the face of indisputable empirical and anecdotal evidence. But racial discrimination, either blatant or insidious, continues to taint the legal landscape. The typical white male attorney who is no more; Search Snippet: ...ISSUE...A UNIQUE PROGRAM ENCOURAGES THE PROFESSION TO FACE THE RACISM WITHIN Steven T. Taylor Copyright (c) 1999 Aspen Law & Business... |
1999 |
| Mark R. Rank |
The Racial Justice Act-- a Simple Matter of Justice |
1 Washington University Journal of Law and Policy 95 (1999) |
The following essay is based on a presentation given by Professor Mark R. Rank on 10 March 1999 as a part of an interdisciplinary panel discussion of Professor Dorothy Roberts' paper. I would like to briefly comment and expand upon a major point that Professor Dorothy Roberts has made, both in her talk today and in her writing. She has noted that... |
1999 |
| Sally Ackerman |
The White Women's Labor Laws: Anti-chinese Racism in Early Twentieth-century Canada |
21 Hamline Journal of Public Law and Policy 137 (Fall 1999) |
Hatred that rages in souls and suddenly loses its immediate object does not disappear without a trace. [R]acism is as healthy today as it was during the Enlightenment. It seems that it has a utility far beyond economy, beyond the sequestering of classes from one another, and has assumed a metaphorical life so completely embedded in daily; Search Snippet: ...WHITE SUPREMACIST STATUS QUO: HOW THE AMERICAN LEGAL SYSTEM PERPETUATES RACISM AS SEEN THROUGH THE LENS OF PROPERTY LAW Sally Ackerman... |
1999 |
| Morrison Torrey |
Through a Glass Diversely: the O.j. Simpson Trial as Racial Rorschach Test |
21 Women's Rights Law Reporter 25 (Fall Winter 1999) |
Is it possible that pornographers have a constitutional right to produce materials that subordinate women? Is it possible that the cult of Free Speech has become more important than the lives of women? I would posit a series of questions even more horrifying: how is it possible that there is a multi-billion dollar entertainment industry that; Search Snippet: ...present in hate speech. Also, it should be recognized that racism, homophobia and anti-Semitism are strong components in a great... |
1999 |
| Debra Domenick |
To Debate or to Rectify Environmental Injustice: a Review of Faces of Environmental Racism |
103 Dickinson Law Review 765 (Summer 1999) |
Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer . . . to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. In the case of Rogers v. Equal Employment... |
1999 |
| Larry Smith |
A Call to Affirmative Action for Fiction's Heroes of Color, or How Hawkeye, Huck, and Atticus Foil the Work of AntiRacism |
17 Of Counsel Counsel 2 (February 2, 1998) |
Forget, for a moment, what should or should not be social policy in the United States. From a strictly business standpoint, the proscription of the use of race and related considerations by the University of California Board of Regents in admitting candidates to the state's public law schools ought to give law firm employers some pause for concern; Search Snippet: ...1998 From the Editor A BUSINESS ISSUE CALIFORNIA'S MOVE ON RACIAL PREFERENCES RAISES NEW PROBLEMS FOR LAW FIRMS Larry Smith Copyright... |
1998 |
| Shannon L. Vandiver |
A Review of South Dakota Criminal Justice: a Study of Racial Disparities by Richard Braunstein and Steve Feimer |
21 Campbell Law Review 99 (Winter 1998) |
As we approach the dawn of a new century, we will again struggle with the problems inherent in the political processes that drive legislative reapportionment. After over thirty years of voting rights legislation and litigation, we are no more certain as to the meaning or place of congressional and judicial activism in the apportionment arena than; Search Snippet: ...Comment A RETURN TO THE BASICS: CONSTITUTIONAL ANSWERS TO THE RACIAL GERRYMANDERING QUESTIONS Shannon L. Vandiver Copyright (c) 1998 Campbell Law... |
1998 |
| Katrina M. Sanders |
An Analysis of Judicial Opinions Concerning the Legal Status of Racial Diversity Programs in Educational Institutions |
2 Journal of Gender, Race and Justice 99 (Fall, 1998) |
On June 12, 1997, President William Clinton named a seven-member advisory board to study race relations in America. The board--chaired by Duke University historian John Hope Franklin of Durham, North Carolina, and comprised of attorneys, ministers, corporate executives, and two former governors--launched Clinton's campaign for a national dialogue; Search Snippet: ...of Gender, Race and Justice Fall, 1998 AMERICA'S QUEST FOR RACIAL TOLERANCE Katrina M. Sanders [FNa1] Copyright (c) 1998 Journal of... |
1998 |
| Rozelia S. Park |
An Examination of the Broad Scope of the Federal Arbitration Act and Binding Mandatory Consumer Arbitration Agreements: Not the Answer to Racial Bias in the United States Legal System |
5 Indiana Journal of Global Legal Studies 659 (Spring, 1998) |
Increasing accusations of environmental racism in the domestic context have led to allegations of environmental racism in the global context by activists, academics, and leaders of developing nations. Claims of international environmental racism arise when a government or corporation pursues policies that disparately impact minorities. Conscious; Search Snippet: ...Legal Studies Spring, 1998 Note AN EXAMINATION OF INTERNATIONAL ENVIRONMENTAL RACISM THROUGH THE LENS OF TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES Rozelia... |
1998 |
| Benjamin E. Griffith |
Another Approach to Racial Preferences |
30 Urban Lawyer 995 (Fall, 1998) |
THE SUPREME COURT AND LOWER COURTS in 1997-98 addressed a wide range of election law issues and seemingly intractable reapportionment controversies under the Voting Rights Act of 1965 and the Fourteenth and Fifteenth Amendments to the U. S. Constitution. A trio of Supreme Court decisions focused on the meaning, application, and enforcement of the... |
1998 |
| Steven E. Ehlmann |
Answering the Diversity Mandate |
54 Washington University Journal of Urban and Contemporary Law 93 (Summer 1998) |
As the debate on affirmative action continues, its proponents have already won an important victory: the labeling of the term itself. The use of the term affirmative action in the context of modern political debate is flawed, for the modern discussion is not truly about affirmative action, but rather about racial preference. Labeling racial; Search Snippet: ...1998 Symposium Affirmative Action in Higher Education ANOTHER APPROACH TO RACIAL PREFERENCES [FNa1] Steven E. Ehlmann [FNaa1] Copyright (c) 1998 Washington... |
1998 |
| L. Ling-chi Wang |
Beyond Institutionalized Racism: "The Genocidal Impact of Executive, Legislative & Judicial Decision–making in the Crack Cocaine Fiasco" |
5 Asian Law Journal 329 (May, 1998) |
The campaign finance scandal of 1996, based on my own collection and estimate, has generated no less than 4,000 newspaper and magazine articles between September 1996 and February 1998 on the so-called Asian connection. At the eye of the storm were John Huang and Charlie Yah-lin Trie, two Asian American donors/fundraisers for President Bill; Search Snippet: ...Asian Law Journal May, 1998 Recent Development BEYOND IDENTITY AND RACIAL POLITICS: ASIAN AMERICANS AND THE CAMPAIGN FUND-RAISING CONTROVERSY L... |
1998 |
| Gary Stewart |
Black Enrollment in Law Schools: Forward to the Past? |
107 Yale Law Journal 2249 (May, 1998) |
[W]e remain imprisoned by the past as long as we deny its influence in the present. --Justice William Brennan Murder and mayhem are ravaging America's inner-cities. Indeed, members of neighborhood gangs are holding an alarming number of innocent citizens hostages in the hood, leaving residents of these communities afraid for their lives in; Search Snippet: ...1998 Notes BLACK CODES AND BROKEN WINDOWS: THE LEGACY OF RACIAL HEGEMONY IN ANTI-GANG CIVIL INJUNCTIONS Gary Stewart Copyright ©... |
1998 |
| Jill E. Evans |
Chambers V. Mississippi: the Hearsay Rule and Racial Evaluations of Credibility |
40 Arizona Law Review 1219 (Winter, 1998) |
Survival per se; Survival naked and abstract; Survival without any qualitative or quantitative standard of what survives or why is truly one of the strangest intellectual stopping points that one man has ever proposed to another. --Virginia Woolf Some sixty years ago, W.E.B. Du Bois stated that race is the dominant theme of the twentieth century; Search Snippet: ...REVIEW Arizona Law Review Winter, 1998 December, 1998 CHALLENGING THE RACISM IN ENVIRONMENTAL RACISM: REDEFINING THE CONCEPT OF INTENT Jill E. Evans [FNa1] Copyright... |
1998 |
| Robert Redwine |
Constitutional Law: Racial Promotion Quotas--united States V. Paradise, 107 S. Ct. 1053 (1987) |
51 Oklahoma Law Review 373 (Summer, 1998) |
The end of a decade is, in many respects, a noteworthy event, particularly when the end of a decade is also the end of a century and millennium. Much will undoubtedly be celebrated and written about such a historical event. For political office holders and pundits, however, the most anticipated event will likely be reapportionment of legislative... |
1998 |
| Natsu Taylor Saito |
Crossing the Color Line: Racial Migration and the One-drop Rule, 1600-1860 |
1 Yale Human Rights and Development Law Journal 53 (1998) |
P1 Scholars, social activists, and policy makers often regard the United States' foreign policy as it relates to human rights and its domestic policy with respect to race as distinct areas, separated by the nation's border. Although this border exists geographically, through the assertion of jurisdiction, and in the recognition of citizenship, is; Search Snippet: ...Article CROSSING THE BORDER: THE INTERDEPENDENCE OF FOREIGN POLICY AND RACIAL JUSTICE IN THE UNITED STATES By Natsu Taylor Saito [FNa1... |
1998 |
| David Cohen |
Democracy Frozen in Devonian Amber: the Racial Impact of Permanent Felon Disenfranchisement in Florida |
15 National Black Law Journal 87 (1997-1998) |
As we approach the end of the millennium, this country is facing a crisis of incarceration. With the prison population growing dramatically, 123 new state and federal prisons were scheduled to open in 1996. In 1994 and 1995, the demand for new prison beds averaged about 1400 per week. At an average cost of $54,000 per cell, the construction costs; Search Snippet: ...Journal 1997-1998 Articles DEMOCRACY AND THE INTERSECTION OF PRISONS, RACISM AND CAPITAL Review Essay: Worse Thean Slavery: Parchman Fram and... |
1998 |
| James R. Hackney Jr. |
Desert in the Deluge: Using Data to Drive Racial Equity |
23 Law and Social Inquiry 141 (Winter, 1998) |
Critical race scholarship (CRS) is one of the most prominent and controversial strands of thought in legal academe. It has spawned widespread criticisms but has also reached a stage of intellectual maturity, warranting two general anthologies and others more specialized (Gates 1997; Wing 1997; Crenshaw et al. 1995; Delgado 1995). Given the; Search Snippet: ...Faces at the Bottom of the Well: The Permanence of Racism. New York: Basic Books, 1992. Pp. ix + 222. $20.00... |
1998 |
| |
Destabilizing Racial Classifications Based on Insights Gleaned from Trademark Law |
88 The Trademark Reporter 72 (January-February, 1998) |
A law professor uses trademark law creatively to explore what he views as the persistence of the black/white dichotomous racial classification system in American society. His premise is that in the United States individuals are divided into two categories: black or white, despite the fact that they may be the products of mixed marriages or other; Search Snippet: ...Articles and Reports Reviews of Articles from Other Publications DESTABILIZING RACIAL CLASSIFICATION BASED ON INSIGHTS GLEANED FROM TRADEMARK LAW. BY ALEX... |
1998 |
| Andrew Hammel |
Discrimination and Implicit Bias in a Racially Unequal Society |
3 Texas Forum on Civil Liberties & Civil Rights 187 (Summer 1998) |
In Swain v. Alabama, the Supreme Court recognized that prosecutors are entitled to a presumption that they exercise their peremptory strikes in order to obtain a fair and impartial jury. The Court held that a defendant could overcome that presumption by a prima facie showing that a prosecutor's peremptory strikes were exercised in a racially; Search Snippet: ...DISCRIMINATION AND DEATH IN DALLAS: A CASE STUDY IN SYSTEMATIC RACIAL EXCLUSION Andrew Hammel [FNa1] Copyright (c) 1998 Texas Forum on... |
1998 |
| Robert S. Chang |
Driving While Black: Racial Profiling in America |
5 Asian Law Journal 41 (May, 1998) |
Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived; Search Snippet: ...Law Journal May, 1998 Article DREAMING IN BLACK AND WHITE: RACIAL-SEXUAL POLICING IN THE BIRTH OF A NATION, THE CHEAT... |
1998 |
| |
El Rol Del Tribunal Supremo En El Discrimen Racial |
4 CITYLAW 64 (May/June, 1998) |
Bernard Cassidy, Michael Cleary, James Lovejoy and Julian Prager, four white males, were assigned to the Correction's elite Management Evaluation Division. In 1989 complaints charging discrimination against Hispanic employees were filed against the men. The ensuing investigation recommended Cassidy be reprimanded and found the other three men, as; Search Snippet: ...Commission on Human Rights Race EEO REPORT NOT RACIALLY MOTIVATED Copyright (c) 1998 by the Center for New York... |
1998 |
| Audrey C. Tan |
Employment Discrimination--Racial Discrimination--a Rational Factfinder Could Find That a Single Derogatory Racial Slur Uttered by an Employee's Superior Amounts to Discriminatory Conduct Severe Enough to Create a Hostile Work Environment and Outrageous E |
20 Loyola of Los Angeles International and Comparative Law Journal 873 (December, 1998) |
Two young African-American women answer an advertisement that seeks temporary waitresses for a dinner at a large hotel. The two women are hired and told to report to the hotel's main banquet hall the next night. They do so and, except for a bit of confusion over drink orders, things proceed quite well for the next few hours. As the women begin to... |
1998 |
| Kara McCarthy Perry |
Employment Law − Racial Discrimination − Circumstantial Evidence of Racial Discrimination May Be Introduced to Raise a Genuine Issue of Material Fact. Hopson V. Daimlerchrysler Corp., 306 F.3d 427 (6th Cir. 2002). |
28 Seton Hall Law Review 1419 (1998) |
On January 31, 1992, plaintiff Carrie Taylor, an African-American woman who worked as a Burlington County Sheriff's Officer since 1972, encountered the defendant, Sheriff Henry Metzger, while receiving firearms training at the Burlington County Police Academy. See Taylor v. Metzger, No. A-9, 1998 WL 63084, at *1 (N.J. Feb. 18, 1998). When Taylor; Search Snippet: ...Survey of Recent Developments in New Jersey Law EMPLOYMENT DISCRIMINATION-- RACIAL DISCRIMINATION--A RATIONAL FACTFINDER COULD FIND THAT A SINGLE DEROGATORY RACIAL SLUR UTTERED BY AN EMPLOYEE'S SUPERIOR AMOUNTS TO DISCRIMINATORY CONDUCT... |
1998 |
| Christopher Billias |
Environmental Racism and Invisible' Communities |
4 Race and Ethnic Ancestry Law Journal 36 (Spring, 1998) |
In order to site a facility considered undesirable, the entity seeking approval usually must overcome a not in my backyard objection from the local community. That same entity will face even more serious obstacles when the proposed facility has an environmentally hazardous character with the potential of affecting both the health and welfare of; Search Snippet: ...JOURNAL Race and Ethnic Ancestry Law Journal Spring, 1998 ENVIRONMENTAL RACISM AND HAZARDOUS FACILITY SITING DECISIONS: NOBLE CAUSE OR POLITICAL TOOL... |
1998 |
| Roliff Purrington , Michael Wynne |
Environmental Racism: Race as a Primary Factor in the Selection of Hazardous Waste Sites |
35-APR Houston Lawyer 34 (March/April, 1998) |
The charge of environmental racism-the claim that the burden of environmentally-polluting facilities and practices falls most heavily on lower income and minority groups-is an increasingly common underpinning for major environmental lawsuits. These types of suits have become more frequent and visible, serving not just as potential vehicles for; Search Snippet: ...238474 HOUSTON LAWYER Houston Lawyer March/April, 1998 Feature ENVIRONMENTAL RACISM: IS A NASCENT SOCIAL SCIENCE CONCEPT A SOUND BASIS FOR... |
1998 |
| David Crump |
Evidence--is Rule 606(b) Constitutional When it Is Applied to Bar Testimony about Jury Racial Bias?--united States V. Shalhout, 507 F. App'x 201 (3d Cir. 2012) |
27 Hofstra Law Review 285 (Winter 1998) |
I. Unconstitutional Racial Discrimination: The Supreme Court's Approach. 289 A. Intent and Impact: From Yick Wo to Washington v. Davis. 289 1. Yick Wo v. Hopkins. 289 2. Washington v. Davis. 292 B. The Arlington Heights Case: Evidence Rules for Proving Discriminatory Intent. 299 C. In Spite of, and Not Because of: From Feeney toHernandez. 303 D; Search Snippet: ...INTENT, AND EVIL: THE PARADOX OF PURPOSELESSNESS IN THE CONSTITUTIONAL RACIAL DISCRIMINATION CASES David Crump [FNa1] Copyright (c) 1998 Hofstra Law... |
1998 |
| David C. Cox |
Fourteenth Amendment--equal Protection Clause-- Racial Gerrymandering-- Cooper V. Harris |
9 Seton Hall Constitutional Law Journal 311 (Fall, 1998) |
The New Jersey Supreme Court recently held that a rational factfinder could conclude that there was a material issue of fact as to whether a county sheriff engaged in discriminatory harassment by uttering a racial epithet that was sufficiently severe to have created a hostile work environment and that would result in severe emotional distress to an... |
1998 |
| Julie Brienza |
High Time for Change: How Legalizing Marijuana Could Help Narrow the Racial Divide in the United States |
34-SEP Trial 99 (September, 1998) |
The Supreme Court dismissed a case on whether private citizens have a right to sue a federal agency over regulations that result in racial discrimination. At issue was the future of an environmental racism lawsuit brought by residents of the predominantly African American city of Chester, Pennsylvania, who claimed the state has allowed a... |
1998 |
| Friedrich Kübler |
How Political Ideology Undermines Racial and Gender Diversity in Federal Judicial Selection: the Prospects for Judicial Diversity in the Trump Years |
27 Hofstra Law Review 335 (Winter 1998) |
I. Racist Speech as an Issue of Constitutional Law. 336 A. The Emergence of Hate Speech Regulation. 336 B. Constitutional Review of Speech Regulation. 337 C. The Example of Defamation. 338 II. Legislation and Judicial Review: The Diverging Ways of the United States and of Germany. 340 A. The Expanding Statutory Framework in Germany. 340 B. The; Search Snippet: ...Review Winter 1998 December, 1998 Article HOW MUCH FREEDOM FOR RACIST SPEECH?: TRANSNATIONAL ASPECTS OF A CONFLICT OF HUMAN RIGHTS Friedrich... |
1998 |
| Christopher David Ruiz Cameron |
How the García Cousins Lost Their Accents: Understanding the Language of Title Vii Decisions Approving English-only Rules as the Product of Racial Dualism, Latino Invisibility, and Legal Indeterminacy |
10 La Raza Law Journal 261 (Spring 1998) |
Title VII of the Civil Rights Act of 1964 outlaws discrimination in employment based on, among other things, national origin. The adoption by employers of policies requiring employees to speak only English in the workplace would appear to constitute national origin discrimination against bilingual Latinos, whose Spanish-speaking ability is central... |
1998 |
| Richard Delgado , Daniel A. Farber |
Is Brown the New Black?: American Muslims, Inherent Propensity for Violence, and America's Racial History |
15 Thomas M. Cooley Law Review 361 (1998) |
PROFESSOR KENDE: On behalf of Thomas M. Cooley Law School, I want to welcome you to the Krinock Lecture. My name is Mark Kende and I am an Associate Professor of Law here at Thomas M. Cooley. The Krinock Lecture is in honor of the distinguished service rendered by a former Dean of the law school, the late Robert Krinock. The Krinock Lecture is; Search Snippet: ...Law Review 1998 Krinock Lecture Series IS AMERICAN LAW INHERENTLY RACIST? Richard Delgado [FNa1] Daniel A. Farber [FNaa1] Copyright (c) 1998... |
1998 |
| Davison M. Douglas |
Keeping "Them" Out: Criminal Record Screening, Public Housing, and the Fight Against Racial Caste |
76 Texas Law Review 1163 (April, 1998) |
[African Americans] want what is due them, rather than pity and sympathy. They think that if you have to make people look bad or broken up before you can get the country to give them what they should have by right, then that's the same old racism and segregation at work.--African-American minister, 1965 African Americans have had an undeniably; Search Snippet: ...LAW REVIEW Texas Law Review April, 1998 Book Review JUSTIFYING RACIAL REFORM Contempt and Pity: Social Policy and the Image of... |
1998 |
| Robert J. Sampson, Dawn Jeglum Bartusch |
Legal Discourse and Racial Justice: the Urge to Cry "Bias!" |
32 Law and Society Review 777 (1998) |
We advance here a neighborhood-level perspective on racial differences in legal cynicism, dissatisfaction with police, and the tolerance of various forms of deviance. Our basic premise is that structural characteristics of neighborhoods explain variations in normative orientations about law, criminal justice, and deviance that are often confounded... |
1998 |
| Ariela J. Gross |
Litigation, Integration, and Transformation: Using Medicaid to Address Racial Inequities in Health Care |
108 Yale Law Journal 109 (October, 1998) |
I. Introduction. 111 II. The Shifting Essences of Race in the Nineteenth-Century South. 123 A. Racial Knowledge. 124 B. Evidence and Essences. 132 1. Abby Guy. 133 2. Race as Physical Marker. 137 3. Race as Documented Ancestry. 141 4. Race as Ascriptive Identity: Reputation, Associations, and Reception in Society. 147 5. The Rise of Race as Science; Search Snippet: ...Yale Law Journal October, 1998 Article LITIGATING WHITENESS: TRIALS OF RACIAL DETERMINATION IN THE NINETEENTH-CENTURY SOUTH Ariela J. Gross [FNd1... |
1998 |
| Richard Weisberg |
Live Black . Retire Poor . Die Early: How Social Security as an Institution Continues to Perpetuate the Social Racism of the 1930s |
92 American Society of International Law Proceedings 375 (April 1-4, 1998) |
Racial status was a highly contentious and much-litigated subject in Vichy France. In addition to the new, Vichy-authored racial statutes, lawyers often debated pre-World War II statutes helpful to their clients or to the state in elaborating the fresh new area of French statist anti-Semitism. To answer the question Who is a Jew? and to; Search Snippet: ...International Legal Texts LITIGIOUS USES OF INTERNATIONAL TREATIES TO DETERMINE RACIAL STATUS AND ITS CONSEQUENCES IN VICHY FRANCE Richard Weisberg [FNa1... |
1998 |
| James Podgers |
More than Segregation, Racial Identity: the Neglected Question in Plessy V. Ferguson |
84-NOV ABA Journal 92 (November, 1998) |
The planners of an aba conference that will focus on issues of racial and ethnic justice have been getting a loud and clear message that the gathering had better be more than just talk. The aba Council on Racial & Ethnic Justice, which is planning the conference--tentatively scheduled for October of next year--is working hard to assure that it will... |
1998 |
| Tanya Katerí Hernández |
MultiRacial Discourse: Racial Classifications in an Era of Color-blind Jurisprudence |
57 Maryland Law Review 97 (1998) |
Introduction. 98 I. The Background and Motivation of the Multiracial Category Movement. 106 II. The Adverse Consequences of Multiracial Discourse. 115 A. The Reaffirmation of the Value of Whiteness in Racial Hierarchy. 115 B. The Dissociation of a Racially Subordinated Buffer Class from Equality Efforts. 121 C. The Continuation of the Color-Blind; Search Snippet: ...125747 MARYLAND LAW REVIEW Maryland Law Review 1998 MULTIRACIAL DISCOURSE: RACIAL CLASSIFICATIONS IN AN ERA OF COLOR-BLIND JURISPRUDENCE Tanya Katerí... |
1998 |
| Julie Gannon Shoop |
Nativism in Immigration: the Racial Politics of Educational Sanctuaries |
34-JAN Trial 97 (January, 1998) |
An estimated 45 million U.S. residents--about one in five--have some form of face-to-face contact with police every year, according to a recent Justice Department survey. In about 1 percent of those cases, police threaten or actually use force during the encounter, and the preliminary numbers suggest that officers may be more likely to use force on; Search Snippet: ...323677 TRIAL Trial January, 1998 News & Trends NATIONAL SURVEY SUGGESTS RACIAL DISPARITY IN POLICE USE OF FORCE Julie Gannon Shoop Copyright... |
1998 |
| Michael D. Wynne |
Neighborhood Upzoning and Racial Displacement: a Potential Target for Disparate Impact Litigation? |
35-FEB Houston Lawyer 50 (January/February, 1998) |
This book represents Professor Jody David Armour's challenge to all Americans to recognize and address attitudes and behaviors that, while not openly racist within a traditional, limited view of the term, are antithetical to racial harmony and perpetuate a cycle of unequal opportunity and treatment. Professor Armour focuses upon pretexts, spoken... |
1998 |
| John H. Blume , Theodore Eisenberg , Sheri Lynn Johnson |
Post-Racial Hydraulics: the Hidden Dangers of the Universal Turn |
83 Cornell Law Review 1771 (September, 1998) |
Introduction. 1772 I. Race, the Death Penalty, and Normal Equal Protection Standards. 1774 A. The Road to McCleskey. 1774 B. McCleskey v. Kemp. 1776 C. The Limits of McCleskey. 1778 D. Universally Applicable Equal Protection Principles. 1780 II. Post-McCleskey Cases in the Lower Courts. 1780 A. Earl Matthews. 1781 1. Evidence That Race Influenced; Search Snippet: ...Empirical Studies of the Modern Capital Sentencing System POST-MCCLESKEY RACIAL DISCRIMINATION CLAIMS IN CAPITAL CASES John H. Blume [FNd1] Theodore... |
1998 |
| Kathleen M. O'Day |
Preventing Attrition: Critical Interventions to Close the Racial Gap in Non-transfer Attrition |
23 University of Dayton Law Review 313 (Winter, 1998) |
C1-3Table of Contents Page I. Introduction. 313 II. Background. 315 III. Analysis. 317 A. Pretextual Traffic Stops Violate Minority Citizens' Fourth Amendment Rights. 317 1. Police Officers Must Have Probable Cause to Initially Stop the Automobile. 318 2. Reasonable Articulable Suspicion During Pretextual Traffic Stops. 322 3. Pretextual Traffic; Search Snippet: ...Winter, 1998 Comment PRETEXTUAL TRAFFIC STOPS: PROTECTING OUR STREETS OR RACIST POLICE TACTICS? Kathleen M. O'Day [FNa1] Copyright (c) 1998 University... |
1998 |
| Elizabeth Bartholet |
Private School Tuition Vouchers and the Realities of Racial Politics |
107 Yale Law Journal 2351 (May, 1998) |
Richard Banks's article The Color of Desire questions whether private racial preferences for same-race children, and state agency practices accommodating and encouraging such preferences, should be accepted as legitimate. Why are so many people so ready to assume that it is natural, and appropriate, to think in racial terms in the intimate family; Search Snippet: ...R. Richard Banks, The Color of Desire: Fulfilling Adoptive Parents' Racial Preferences Through Discriminatory State Action, 107 Yale L.J. 875 (1998... |
1998 |
| Thomas J. Kane |
Racial and Ethnic Profiling |
59 Ohio State Law Journal 971 (1998) |
College admissions committees, not markets, ration access to many of the most selective U.S. colleges. As the labor market payoff to a college education has risen and competition for admission to elite universities has become more keen, racial preference in college admissions has become increasingly controversial, particularly at public; Search Snippet: ...Affirmative Action in Higher Education The Future of Affirmative Action RACIAL AND ETHNIC PREFERENCES IN COLLEGE ADMISSIONS [FNa1] Thomas J. Kane... |
1998 |
| Robert M. Cearley, Jr. |
Racial and Gender Bias in Ability and Achievement Tests Resolving the Apparent Paradox |
33-FALL Arkansas Lawyer Law. 2 (Fall, 1998) |
In 1962 an African-American man was convicted of contempt for refusing to sit in the section of the courtroom reserved for Negroes. The conviction was reversed by the U.S. Supreme Court in a per curiam opinion. Johnson v. Virginia, 373 U.S. 61 (1963). The next year an African-American female witness was held in contempt for refusing to answer; Search Snippet: ...WL 1052247 ARKANSAS LAWYER Arkansas Lawyer Fall, 1998 President's Report RACIAL AND GENDER BIAS - LEADING BY EXAMPLE Robert M. Cearley, Jr... |
1998 |
| Susan M. Maxwell |
Racial Coding and the Financial Market Crisis |
77 Texas Law Review 259 (November, 1998) |
Despite the volume and breadth of case law and literature in recent years concerning race and equal protection, federal decisions on challenges to explicit affirmative action programs have left ambiguity as to whether, and when, race may ever appropriately be considered in the spheres of public employment and education. As a result of this; Search Snippet: ...908112 TEXAS LAW REVIEW Texas Law Review November, 1998 Note RACIAL CLASSIFICATIONS UNDER STRICT SCRUTINY: POLICY CONSIDERATIONS AND THE REMEDIAL-PLUS... |
1998 |
| David C. Baldus , George Woodworth , David Zuckerman , Neil Alan Weiner , Barbara Broffitt |
Racial Discrimination and the Duty of Fair Representation |
83 Cornell Law Review 1638 (September, 1998) |
Introduction. 1643 I. Discretion and Discrimination. 1643 A. Early Questions About, and Challenges to, the Scope of Discretion in Death Cases, Including Furman v. Georgia. 1648 B. Ethical, Moral, and Legal Concerns Implicated by Race Discrimination in the Administration of the Death Penalty. 1650 1. Ethical and Moral Concerns. 1650 2. Legal; Search Snippet: ...Penalty Works: Empirical Studies of the Modern Capital Sentencing System RACIAL DISCRIMINATION AND THE DEATH PENALTY IN THE POST-FURMAN ERA... |
1998 |
| Barbara A. Noah |
Racial Disparities in U.s. Public Education and International Human Rights Standards: Holding the U.s. Accountable to Cerd |
35 San Diego Law Review 135 (Winter 1998) |
I. Introduction. 136 II. Examples of Racial Disparities in Health Care Delivery. 138 A. Provision of Medicare Services. 138 B. Allocation of Organs for Transplantation. 142 C. Access to Prescription Drug Therapy. 147 D. Diagnosis and Institutionalization of Mentally Ill Patients. 150 E. Minority Patient Populations in Clinical Trials. 152 F; Search Snippet: ...DIEGO LAW REVIEW San Diego Law Review Winter 1998 Article RACIAL DISPARITIES IN THE DELIVERY OF HEALTH CARE Barbara A. Noah... |
1998 |
| John C. McAdams |
Racial Disparity in Iowa's Criminal Justice System 150 Years after Clark |
61-AUT Law and Contemporary Problems 153 (Autumn 1998) |
We should, generally, want fairness in all areas of public policy. We should especially want fairness with regard to the death penalty, since the stakes are so high. Yet the opponents of the death penalty make a most peculiar argument about fairness. They argue that if the death penalty is not administered fairly, and especially not administered... |
1998 |
| Elisabeth Semel |
Racial Injustice? Ferguson V. City of Charleston and the State of Title Vi in the Post-sandoval Era |
22-JUN Champion 33 (June, 1998) |
As a trial lawyer who has defended the accused for more than 20 years, I believe I have something of consequence to say about the state of the criminal justice system, even as it concerns the majority of those whose lives it impacts a majority that is neither white nor female. My remarks are experiential and impressionistic. They may appear to be; Search Snippet: ...1998 WL 344302 CHAMPION Champion June, 1998 Column Informal Opinion RACIAL INJUSTICE: WORK TO BE DONE OUTSIDE THE COURTROOM Elisabeth Semel... |
1998 |