| Author | Title | Citation | Summary | Year |
| Eric K. Yamamoto |
Racial Reparations: Japanese American Redress and African American Claims |
19 Boston College Third World Law Journal 477 (Fall, 1998) |
In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected; Search Snippet: ...the Boston College Law Review: The Long Shadow of Korematsu RACIAL REPARATIONS: JAPANESE AMERICAN REDRESS AND AFRICAN AMERICAN CLAIMS Eric K... |
1998 |
| Eric K. Yamamoto |
Racial Restrictions on Naturalization: the Recurring Intersection of Race and Gender in Immigration and Citizenship Law |
40 Boston College Law Review 477 (December, 1998) |
In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected; Search Snippet: ...College Third World Law Journal: The Long Shadow of Korematsu RACIAL REPARATIONS: JAPANESE AMERICAN REDRESS AND AFRICAN AMERICAN CLAIMS Eric K... |
1998 |
| Deseriee Kennedy |
Raising Arguments about the Potential Influence of Implicit Racial Bias in Police Stops |
27 Capital University Law Review 61 (1998) |
The history of the world is the history, not of individuals, but of groups, not of nations, but of races, and he who ignores or seeks to override the race idea in human history ignores and overrides the central thought of all history. No history, no justice; no justice, no peace. What it means to live in history is to recognize that the past has... |
1998 |
| Sumi Cho |
Redeeming Whiteness in the Shadow of Internment: Earl Warren, Brown, and a Theory of Racial Redemption |
19 Boston College Third World Law Journal 73 (Fall, 1998) |
Earl Warren is a civil rights/civil liberties icon. During his reign as Chief Justice of the U.S. Supreme Court from 1953-69, the Court set standards of liberal judicial activism on race issues by which future Courts would be judged. Chief Justice Warren presided over momentous decisions that outlawed segregation in public education and public; Search Snippet: ...SHADOW OF INTERNMENT: EARL WARREN, BROWN, AND A THEORY OF RACIAL REDEMPTION Sumi Cho [FNa1] Copyright (c) 1998 Boston College Third... |
1998 |
| Sumi Cho |
Redistricting in Today's Shifting Racial Landscape |
40 Boston College Law Review 73 (December, 1998) |
Earl Warren is a civil rights/civil liberties icon. During his reign as Chief Justice of the U.S. Supreme Court from 1953-69, the Court set standards of liberal judicial activism on race issues by which future Courts would be judged. Chief Justice Warren presided over momentous decisions that outlawed segregation in public education and public; Search Snippet: ...SHADOW OF INTERNMENT: EARL WARREN, BROWN, AND A THEORY OF RACIAL REDEMPTION Sumi Cho [FNa1] Copyright (c) 1998 Boston College Law... |
1998 |
| |
Rethinking Racial Divides--panel on Affirmative Action |
4 Michigan Journal of Race and Law 193 (Fall 1998) |
While the dialogue on race in the United States has intensified in recent years, this discussion remains focused primarily on the relationship between Blacks and Whites. Consequently, this bipolar dialogue often discounts the experiences of other racial and ethnic minorities and marginalizes the issues facing these groups. Asian Pacific Americans... |
1998 |
| Gabriel J. Chin , Sumi K. Cho , Marina C. Hsieh , Deborah C. Malamud |
Rethinking Racial Entitlements: from Epithet to Theory |
4 Michigan Journal of Race and Law 195 (Fall 1998) |
Professor Malamud: Organizing this conference has been only one part of the activist social practice that the Asian Pacific American law student community has been involved in at Michigan this year. The planning for this conference predates the now-pending law suits against the University of Michigan Law School's affirmative action program. And; Search Snippet: ...Fall 1998 Special Feature: Perspectives on Affirmative Action Symposium: RETHINKING RACIAL DIVIDES--PANEL ON AFFIRMATIVE ACTION Gabriel J. Chin [FNa1] Sumi... |
1998 |
| David G. Savage |
Rising to the Surface: Disasters and Racial Health Disparities in American History |
84-SEP ABA Journal 40 (September, 1998) |
At the height of the civil rights movement during the 1960s, the U.S. Supreme Court struck down an anti-loitering law in Birmingham, Ala., that gave police the power to arrest a few black picketers who had marched at a white-only department store. The case was brought by Fred Shuttlesworth, a civil rights activist who failed to move on quickly; Search Snippet: ...RIGHTS Minorities Push for Tough Laws to Fight Gangs, Environmental Racism David G. Savage [FNa1] Copyright (c) 1998 by the American... |
1998 |
| Richard Delgado |
Rodrigo's Fifteenth Chronicle: Racial Mixture, Latino-critical Scholarship, and the Black-white Binary |
50 Stanford Law Review 1929 (July, 1998) |
Rodrigo, his wife Giannina, and their straight man, the Professor, meet in the latter's city, where the young people have gone for a wedding. After discussing a recent incident at Rodrigo's law school in which interlopers defaced the lockers of four students of color, the protagonists discuss changes and contractions in the social ideal of; Search Snippet: ...Free Press. 1994. 845 Pp. $30.00. The End of Racism: Principles for a Multiracial Society. By Dinesh D'Souza. New York... |
1998 |
| Jeremy Moeser |
Ruthless Haven: How La Gang Culture and U.s. Immigration Policy Contribute to Racial Injustice for Central American Asylum Applicants |
49 Mercer Law Review 915 (Spring 1998) |
Debate over affirmative action has dominated recent legislative and court agendas. In November 1996, for example, fifty-four percent of California voters approved a referendum, Proposition 209, which eliminated preference programs in state and local government for minorities and women. Similarly, in 1995 the Board of Regents of the University of; Search Snippet: ...Spring 1998 Comments ROUGH TERRAIN AHEAD: A NEW COURSE FOR RACIAL PREFERENCE PROGRAMS Jeremy Moeser Copyright (c) 1998 Walter F. George... |
1998 |
| Florence Wagman Roisman |
Sword, Shield, and Compass: the Uses and Misuses of Racially Polarized Voting Studies in Voting Rights Enforcement |
3 Widener Law Symposium Journal 87 (Fall, 1998) |
In his article, Professor J.B. Ruhl invites us to address the meaning of sustainable development for suburbs in the United States. I bring to this discussion two propositions: first, that the sustainability of suburbs is inextricably linked to the sustainability of the cities to which they append; and, second, that racial, ethnic, and; Search Snippet: ...SUBURBS AND THEIR CITIES: THE ENVIRONMENTAL AND FINANCIAL IMPERATIVES OF RACIAL, ETHNIC, AND ECONOMIC INCLUSION Florence Wagman Roisman [FNa1] Copyright ©... |
1998 |
| Kevin M. Kelly , Task Force Chair |
Tax Exemptions for Racially Discriminatory Religious Schools |
6-JAN Nevada Lawyer 12 (January, 1998) |
April 29, 1992, will be a day remembered as the harbinger of the Supreme Court of Nevada Task Force for the Study of Racial and Economic Bias in the Justice System (Task Force). On that day, an all white jury acquitted several white police officers in suburban Ventura County, California, of assaulting Rodney King, an African American. The case; Search Snippet: ...NEVADA LAWYER Nevada Lawyer January, 1998 Feature TASK FORCE STUDIES RACIAL AND ECONOMIC BIAS IN THE JUSTICE SYSTEM Kevin M. Kelly... |
1998 |
| Juan F. Perea |
The Black/white Binary Paradigm of Race: the "Normal Science" of American Racial Thought |
10 La Raza Law Journal 127 (Spring 1998) |
The Black/White Binary Paradigm of race has become the subject of increasing interest and scrutiny among some scholars of color. This Article uses Thomas Kuhn's notions of paradigm and the properties of paradigms to explore several leading works on race. The works the author explores demonstrate the Black/White paradigm of race and some of its; Search Snippet: ...WHITE BINARY PARADIGM OF RACE: THE NORMAL SCIENCE OF AMERICAN RACIAL THOUGHT Juan F. Perea [FNd1] Copyright (c) 1998 La Rasa... |
1998 |
| R. Richard Banks |
The Color of Fear: a Cognitive-rhetorical Analysis of How Florida's Subjective Fear Standard in Stand Your Ground Cases Ratifies Racism |
107 Yale Law Journal 875 (January, 1998) |
C1-3Contents I. Critiquing Race-Based Adoption Policy: An Asymmetrical Inquiry. 886 A. A Race-Matching Critique That Undermines Facilitative Accommodation. 887 1. Ubiquity and Potency of Racial Preferences. 887 2. Nonracialist Vision of Family and Intimate Connection. 888 3. Public Law and Private Values. 891 4. Application of the; Search Snippet: ...Journal January, 1998 THE COLOR OF DESIRE: FULFILLING ADOPTIVE PARENTS' RACIAL PREFERENCES THROUGH DISCRIMINATORY STATE ACTION R. Richard Banks [FNd1] Copyright... |
1998 |
| Steven P. Wallace, Vilma Enriquez-Haass, Kyriakos Markides |
The Conservative Case Against Racial Profiling in the War on Terrorism |
9 Stanford Law and Policy Review 329 (Spring, 1998) |
There has been considerable debate in the 1990s about whether race and ethnicity should guide public policy. One approach is to develop policies specifically designed to increase the political and economic power of minority groups that have been historically disadvantaged in the United States. Such policies explicitly aim for racial parity in... |
1998 |
| Thuy N. Bui |
The Diminishing Relevance of Rights: Racial Disparities in the Distribution of Lead Exposure Risks |
38 Santa Clara Law Review 629 (1998) |
Racial injustice may be the most morally and intellectually vexing problem in the public life of this country. How should we respond? In their recent book, Color Conscious: The Political Morality of Race, Amy Gutmann and Kwame Anthony Appiah tackle this century-old problem of the color line --to borrow W.E.B. Du Bois' words--in a fresh and; Search Snippet: ...THE DIFFERENCE BETWEEN RACE AND COLOR: IMPLICATIONS FOR CHANGING THE RACIAL DISCOURSE A Review of Color Conscious: The Political Morality of... |
1998 |
| Bruce M. Familant |
The Ethical Lawyer; the Life and Times of Johnnie Cochran: a Lawyer's Fight Against Racism & the Misuse of Excessive Force |
15 Thomas M. Cooley Law Review 517 (1998) |
The challenges to certain practices, policies, and procedures of law schools, the bar admissions authorities, and employers by individuals with disabilities have resulted in a debate within the profession about whether the [Americans with Disabilities Act] will result in there being members of the profession who are incompetent . . . . A; Search Snippet: ...disabilities is a very significant and sensitive issue. As with racial and ethnic terms, the choice of words to describe a... |
1998 |
| Paul H. Dickerson |
The Gap Between Law and Reality after Civil Rights: Racial Realism in the New American Workplace John D. Skrentny Princeton University Press Www.press.princeton.edu 416 Pp., $35 |
16 In the Public Interest 129 (1997-1998) |
Recent high-profile lawsuits involving The University of Texas at Austin's law school admissions program, Mark Fuhrman's guilt or innocence for perjury, and Texaco's employment practices, each contained racial decisions which inflamed and divided the nation. The decisions exemplify the fact that no matter what the issue, race-based decisions are; Search Snippet: ...INTEREST In the Public Interest 1997-1998 THE FUTURE OF RACIAL REDISTRICTING IN VOTING: CLARK v. CALHOUN COUNTY, MISSISSIPPI. [FN1] Paul... |
1998 |
| Tanya Kateri Hernandez |
The Internal Revenue Code and Racial Discrimination |
36 Brandeis Journal of Family Law 29 (Winter 1997-1998) |
The public dissemination of census data invites battles over how human beings will be known. One census battle that has been at the forefront of the public debate is the demand for a multiracial category. The multiracial classification, as proposed, would be one of the race categories a respondent could choose in lieu of those currently listed by... |
1998 |
| Vivian Grosswald Curran |
The Lessons of American Apartheid: the Necessity and Means of Promoting Residential Racial Integration |
50 Hastings Law Journal L.J. 1 (November, 1998) |
[P]eople have an easier time experiencing changes in domination than changes in laws. - Portalis C1-3table of Contents L1-3 L1-2,T2Introduction 2. I. Historical, Biographical and Theoretical Overview. 3 II. Prologue to Suicide: the July, 1940 National Assembly Debates. 15 III. Legality and Legitimacy. 24 IV. Antisemitic Legislation and the Role of; Search Snippet: ...LAW JOURNAL Hastings Law Journal November, 1998 THE LEGALIZATION OF RACISM IN A CONSTITUTIONAL STATE: DEMOCRACY'S SUICIDE IN VICHY FRANCE Vivian... |
1998 |
| Laura Pentimone |
The National Labor Relations Act and Racial Discrimination |
14 New York Law School Journal of Human Rights 471 (WINTER 1998) |
For over a decade, the National Collegiate Athletic Association (the NCAA) has attempted to impose legislation that would redefine the role of the student-athlete across college campuses nationwide. In the face of harsh criticism by many administrators, coaches, educators, and athletes, the NCAA has implemented initial academic eligibility; Search Snippet: ...AN ATTEMPT TO FOSTER ACADEMIC INTEGRITY OR MERELY TO PROMOTE RACISM? Laura Pentimone Copyright (c) 1998 by the New York Law... |
1998 |
| Marc Seitles |
The Persistence of Racial Bias in Voting: Voter Id, the New Battleground for Pretextual Race Neutrality |
14 Journal of Land Use & Environmental Law 89 (Fall, 1998) |
C1-4Table of Contents I. L2-3,T3Introduction 89. II. L2-3,T3Historical Segregation of Housing in America 91. A. Development of Housing Segregation--The Urban Ghetto. 91 B. The Role of Government in Creating Housing Segregation. 92 C. Exclusionary Zoning and the Perpetuation of Housing Segregation. 95 D. Private Discrimination. 97 III; Search Snippet: ...Land Use & Environmental Law Fall, 1998 THE PERPETUATION OF RESIDENTIAL RACIAL SEGREGATION IN AMERICA: HISTORICAL DISCRIMINATION, MODERN FORMS OF EXCLUSION, AND... |
1998 |
| Charles Ogletree |
The Price of Progressive Politics: the Welfare Rights Movement in an Era of Color Blind Racism by Rose Ernst. New York: New York University Press, 2010, 189 Pp. $49.00 Hardback |
15 Thomas M. Cooley Law Review 11 (1998) |
The now famous Kerner Commission's warning to America that [o]ur nation is moving toward two societies, one black, one white-separate but unequal, has an eery resonance in 1997. Take, for example, the statistics of the entering law school classes at the University of California at Berkeley and the University of Texas. Berkeley, once a pioneer in... |
1998 |
| Jeng Fen Mao |
The Racial Implications of Tort Reform |
41 Howard Law Journal 501 (Spring, 1998) |
Introduction. 502 I. Television's Impact on Society's Health. 505 II. Market Model of the Broadcasting Industry. 508 III. FCC Regime: Pre-Adarand and Pre-Telecommunications Act of 1996. 511 A. The New Property: Spectrum Licensing. 511 B. Early Development of Telecommunications. 512 C. Obtaining A License. 515 D. The FCC's Minority Preference; Search Snippet: ...HOWARD LAW JOURNAL Howard Law Journal Spring, 1998 Comment THE RACIAL IMPLICATIONS OF THE TELECOMMUNICATIONS ACT OF 1996: THE CONGRESSIONAL MANDATE... |
1998 |
| Wendy Brown Scott |
The Siren Song of Objectivity: Risk Assessment Tools and Racial Disparity |
27 Capital University Law Review 35 (1998) |
To comment on the remarks of a distinguished lawyer, scholar and activist like Chancellor Julius Chambers is truly a humbling experience. Although I am not a North Carolinian like Judge Algenon Marbley, who introduced Chancellor Chambers, I am a beneficiary of the dedication of men and women like the Chancellor: Charles Hamilton Houston, Justice... |
1998 |
| Jamin B. Raskin |
The Surprising Role of Racial Hierarchy in the Civil Rights Jurisprudence of the First Justice John Marshall Harlan |
14 Journal of Law & Politics 591 (Fall 1998) |
The problem of the twentieth century is the problem of the colour line. -- W.E.B. Du Bois Twentieth century, go to sleep. -- R.E.M. I don't want to draw nigger districts. -- Joe Mack Wilson, Former Chair of the Georgia House Reapportionment Committee This Article explores the paradoxes and contradictions that now constitute the Supreme Court's... |
1998 |
| Cynthia L. Estlund |
The World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Durban, South Africa |
1 University of Pennsylvania Journal of Labor and Employment Law 49 (Spring, 1998) |
President Clinton stirred some hope, along with some cynicism, in his effort to initiate a national conversation about race. Race unquestionably divides Americans-particularly black and white Americans-in their experiences and in their perceptions of the world, of social policy, and of each other. Few question the need for a more honest; Search Snippet: ...and Employment Law Spring, 1998 Essay THE WORKPLACE IN A RACIALLY DIVERSE SOCIETY: PRELIMINARY THOUGHTS ON THE ROLE OF LABOR AND... |
1998 |
| Troy M. Yoshino |
Ugly: an Inquiry into the Problem of Racial Gerrymandering under the Voting Rights Act |
3 Michigan Journal of Race and Law 475 (Spring 1998) |
Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this... |
1998 |
| Judge Tyrone E. Medley |
Valuing Procedure over Substance: Racial Bias in the Capital Jury Room |
11-MAY Utah Bar Journal 38 (May, 1998) |
Once upon a time when I was a prosecutor in the Salt Lake County Attorney's Office, I was prosecuting a misdemeanor controlled substance charge in justice court in Midvale. Upon review of the police report the day before trial, I was unable to determine the probable cause basis upon which the defendant was stopped and searched. On the day of trial,; Search Snippet: ...May, 1998 View From the Bench UTAH TASK FORCE ON RACIAL AND ETHNIC FAIRNESS IN THE LEGAL SYSTEM Judge Tyrone E... |
1998 |
| Daniel Hays Lowenstein |
You Shall Not Pass: the Roma "Travel Ban," Racial Profiling in Macedonia, and Remedy under International Law |
50 Stanford Law Review 779 (February, 1998) |
Conservatives who have cheered the Supreme Court's racial gerrymandering decisions have been misguided. These cases trample on conservative notions of federalism by punishing the states for actions of the federal government. The Court has left untouched the federally imposed quota of majority-minority districts, but has declared that when states; Search Snippet: ...Process YOU DON'T HAVE TO BE LIBERAL TO HATE THE RACIAL GERRYMANDERING CASES Daniel Hays Lowenstein [FNa1] Copyright (c) 1998 Board... |
1998 |
| Justin Schwartz |
A Poisonous Harvest: Race, Inequality, and the Long History of the Flint Water Crisis |
58 Ohio State Law Journal 1055 (1997) |
Under the leadership of Justice O'Connor, the Supreme Court has fashioned a uniform standard for examining the constitutionality of racial classifications under the Equal Protection Clause. Though her standard is appropriately labeled as strict scrutiny for both invidious and benevolent classifications, it should not be understood as strict in... |
1997 |
| Carroll Seron, PH.D., Project Coordinator, Martin Frankel, PH.D. Douglas Muzzio, PH.D. Joseph Pereira, PH.D. Gregg Van Ryzin, PH.D., School of Public Affairs Baruch College, City University of New York in Collaboration With Louis Harris and Associates, In |
A Return to the Basics: Constitutional Answers to the Racial Gerrymandering Questions |
1997 Annual Survey of American Law 415 (1997) |
Summary. 419 Chapter 1 Introduction. 429 Chapter 2 Does Gender or Race Matter in the Federal Courts of the Second Circuit?. 434 Chapter 3 Interactions Among Professionals. 450 Chapter 4 The Treatment of Parties and Witnesses. 471 Appendix A Design of the Study of Gender, Racial, and Ethnic Fairness in the Federal Courts of the Second Circuit:; Search Snippet: ...AND EXPERIENCES OF LAWYERS, JUDGES, AND COURT EMPLOYEES CONCERNING GENDER, RACIAL AND ETHNIC FAIRNESS IN THE FEDERAL COURTS OF THE SECOND... |
1997 |
| Hiroshi Fukurai , Darryl Davies |
Affirmative Action in Law School Admissions: What Do Racial Preferences Do? |
4 Virginia Journal of Social Policy and the Law 645 (Spring 1997) |
In July 1995, the University of California Board of Regents voted to end affirmative action based on race and gender in admissions, hiring, and contracting. Recently, the Equal Opportunity Act introduced by the Republicans would abolish three decades of affirmative action programs initiated by President Johnson in 1965. Given these actions,; Search Snippet: ...and the Law Spring 1997 AFFIRMATIVE ACTION IN JURY SELECTION: RACIALLY REPRESENTATIVE JURIES, RACIAL QUOTAS, AND AFFIRMATIVE JURIES OF THE HENNEPIN MODEL AND THE... |
1997 |
| Carl J. Schifferle |
Afterward: September 11th and Racial Profiling |
2 Michigan Law and Policy Review 159 (1997) |
Discrimination on the basis of race, odious in all aspects, is especially pernicious in the administration of justice. In Montgomery, Alabama on January 26, 1956, police officers arrested and jailed Dr. Martin Luther King, Jr. for driving thirty miles per hour in a twenty-five mile per hour zone. Today it is readily acknowledged that Dr. King was; Search Snippet: ...WHREN v. UNITED STATES: APPLYING THE EQUAL PROTECTION CLAUSE TO RACIALLY DISCRIMINATORY ENFORCEMENT OF THE LAW Carl J. Schifferle [FNa] Copyright... |
1997 |
| Natsu Taylor Saito |
All in the Family: InterRacial Intimacy, Racial Fictions, and the Law |
76 Oregon Law Review 261 (Summer 1997) |
I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289; Search Snippet: ...Nation-State ALIEN AND NON-ALIEN ALIKE: CITIZENSHIP, FOREIGNNESS, AND RACIAL HIERARCHY IN AMERICAN LAW Natsu Taylor Saito [FNa1] Copyright ©... |
1997 |
| Christine H. Rossell |
An Analysis of the Legal and Practical Implications of the Potential Increased Participation in Jury Service by Racial Minorities in the U.s. Criminal Justice System |
29 Connecticut Law Review 1187 (Spring, 1997) |
Perhaps no Connecticut court decision in recent memory has been as unexpected and controversial as the Connecticut Supreme Court's July 9, 1996 finding that the existence of severe racial and ethnic isolation in the Hartford public school system, regardless of whether it occurred de jure or de facto, deprives schoolchildren of a substantially equal; Search Snippet: ...COURT DECISIONS IN SHEFF v. O'NEILL AND POSSIBLE REMEDIES FOR RACIAL ISOLATION Christine H. Rossell [FNa1] Copyright (c) 1997 by the... |
1997 |
| Andrew F. Halaby , Stephen R. McAllister |
An Argument for Federal Protection Against Racially Motivated Crimes: 18 U.s.c. S 241 and the Thirteenth Amendment |
2 Michigan Journal of Race and Law 235 (Spring 1997) |
This Article focuses on one of the asserted costs of affirmative action: stigmatization. The Article offers structure to the debate over the definition and constitutional significance of the concept of stigmatization in the affirmative action context. In addition, this Article sets forth a model for analyzing stigma as a constitutional concept,... |
1997 |
| Robert D. Frizell |
B. the Necessity of Inquiry into Racial Bias in Voir Dire |
56 Maryland Law Review 674 (1997) |
In Gilchrist v. State, the Court of Appeals held that the reasons proffered for a criminal defendant's peremptory strikes of white venirepersons constituted a pretext for racial discrimination and, thus, violated both Article 24 of the Maryland Declaration of Rights and the Equal Protection Clause of the Fourteenth Amendment to the United States; Search Snippet: ...TO WHITE POTENTIAL JURORS THE EQUAL PROTECTION RIGHT TO A RACIALLY NEUTRAL JURY SELECTION PROCESS Robert D. Frizell Copyright (c) 1997... |
1997 |
| Jeffrey M. Duban |
Banishing the Thirteenth Juror: an Approach to the Identification of Prosecutorial Racism |
69-DEC New York State Bar Journal 53 (December, 1997) |
In a free society, everyone, male or female, white or black, has a positive responsibility to be thick-skinned. Activists who insist that personal offense is a cause for public action are a menace to the freedom of conscience that protects minorities above all. Multicultural orthodoxy interprets any deviation from perfect racial harmony as a sign; Search Snippet: ...1997 BANISHING BIAS: THE SECOND CIRCUIT'S DRAFT REPORT ON GENDER, RACIAL AND ETHNIC FAIRNESS IN THE COURTS Jeffrey M. Duban [FNa1... |
1997 |
| Kathy Seward Northern |
Bearing the Costs of Racial Inequality: Brown and the Myth of the Equality/efficiency Trade-off |
21 William and Mary Environmental Law and Policy Review 485 (Summer, 1997) |
As the millennium approaches, the quest for environmental justice--the fair and equitable allocation of environmental benefits and burdens-- constitutes a challenge of Herculean proportions. Over the past ten years, a consensus has evolved that, in the United States, racial and ethnic minorities bear a significant and disproportionate burden with; Search Snippet: ...1997 BATTERY AND BEYOND: A TORT LAW RESPONSE TO ENVIRONMENTAL RACISM Kathy Seward Northern [FNa1] Copyright (c) 1997 by the William... |
1997 |
| Reviewed by Ronald K. Noble |
Between Racially Restrictive Covenants and Indian Beaver Hunting: the Metatheory of Property Rights |
72 New York University Law Review 664 (June, 1997) |
We have left behind the midnight hour of slavery, traveled through the gray dawn of segregation, and we are now in a cloudy divide, poised between freedom and inequality. As a sixteen-year-old freshman at Purdue University in Lafayette, Indiana, A. Leon Higginbotham, Jr. and the eleven other black Purdue students were required to sleep in an... |
1997 |
| |
Black and Brown Coalition Building During the "Post-Racial" Obama Era |
25 Southern University Law Review Rev. 1 (Fall, 1997) |
I. Introduction. 2 II. A Historical Overview of the Struggle for African Reparations. 6 A. Reparations: From Pre-Reconstruction to thePresent. 6 III. Can a Valid Claim for Black Reparations be Made Under American Law?. 14 A. American Courts in the Late Nineteenth Century. 14 B. American Courts in the Early and Mid-Twentieth Century. 16 IV. The; Search Snippet: ...A CLAIM FOR ENSLAVEMENT AND SYSTEMATIC DE JURE SEGREGATION AND RACIAL DISCRIMINATION UNDER AMERICAN AND INTERNATIONAL LAW Copyright (c) 1997 Southern... |
1997 |
| Amy L. Knickmeier |
Blinded by Sight: the Racial Body and the Origins of the Social Construction of Race |
17 Northern Illinois University Law Review 305 (Spring, 1997) |
In the state of nature, men are in fact born equal; but they cannot remain so. Society deprives them of equality, and they only become equal again because of the laws. Like an incurable cancer, the disease of racism continues to plague the population. This malady incessantly claims victims who, rather than attempting to find a cure for it, fall; Search Snippet: ...confronted disappointed expectations. They anticipated freedom but were met with racial adversity and frustration instead. Donald G. Nieman, Promises to... |
1997 |
| Frank R. Parker |
California's Proposition 209: a Temporary Diversion on the Road to Racial Disaster |
1996-97 Preview of United States Supreme Court Cases 340 (February 6, 1997) |
A group of Florida voters challenged Florida Senate District 21. a majority African-American district in the Tampa Bay area, alleging race-conscious redistricting. The federal district court ordered mediation among the parties that resulted in an agreement creating a new district with a reduced percentage of African-American voters. One of the; Search Snippet: ...Rights Redistricting by Mediation: May a Federal Court Resolve a Racial Redistricting Lawsuit by Ordering Mediation Among the Parties? by Frank... |
1997 |
| Derrick A. Bell, Jr. |
California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education |
30 Loyola of Los Angeles Law Review 1447 (June, 1997) |
Less than a month ago my long-time friend, Chief District Judge Thelton Henderson, gave supporters of California's affirmative action programs a most welcome Christmas present. He followed up the temporary restraining order he issued shortly after Proposition 209 was approved by the voters with a preliminary injunction, the appeal of which through; Search Snippet: ...CALIFORNIA'S PROPOSITION 209: A TEMPORARY DIVERSION ON THE ROAD TO RACIAL DISASTER [FNd] Derrick A. Bell, Jr. [FNa] Copyright (c) 1997... |
1997 |
| Stephen B. Bright |
Challenging Racial Disparities: the Promise and Pitfalls of the No Child Left Behind Act's Race-conscious Accountability |
21-FEB Champion 19 (January/February, 1997) |
Capital punishment, a direct descendant of lynching and other forms of racial violence, remains one of America's most prominent vestiges of slavery and racial oppression. The U.S. General Accounting Office analyzed 28 studies of capital sentencing and found a remarkably consistent pattern of racial disparities in capital sentencing throughout the; Search Snippet: ...109114 CHAMPION Champion January/February, 1997 Column Capital Cases CHALLENGING RACIAL DISCRIMINATION IN CAPITAL CASES Stephen B. Bright [FNa] Copyright ©... |
1997 |
| Michael C. Weed |
Choice and Fraud in Racial Identification: the Dilemma of Policing Race in Affirmative Action, the Census, and a Color-blind Society |
28 Pacific Law Journal 697 (Spring, 1997) |
It would seem unlikely that issues of free speech, consumer protection, product integrity, and white supremacy would all meet in the same arena. That is, before it happened. Because of the actions of a racist organization, lawmakers were forced to react in order to close a loophole in existing law. With the enactment of Chapter 140, these unrelated; Search Snippet: ...of Selected 1996 California Legislation Crime CHEERIOS, FREE SPEECH AND RACISM: A LEGISLATIVE RESPONSE TO AN UGLY PROBLEM Michael C. Weed... |
1997 |
| John O. Calmore |
Closing the Racial Gap in Financial Services: Balancing Algorithmic Opportunity with Legal Limitations |
31 University of San Francisco Law Review 903 (Summer 1997) |
New voices of future lawyers are particularly important in this area because racial problems are theirs to confront in the next decades. Indeed it is at present virtually impossible to write or say anything on the topic of race that is not in some way objectionable or embarrassing. We approach questions of race and treat them like a family who is; Search Snippet: ...Francisco Law Review Summer 1997 Essay CLOSE ENCOUNTERS OF THE RACIAL KIND: PEDAGOGICAL REFLECTIONS AND SEMINAR CONVERSATIONS John O. Calmore [FNa1... |
1997 |
| Jerry Haynes |
Cluster Introduction: Economic Crises from the Bottom Up--(In) Securities of Silencing a Racial past and Present |
8 Risk: Health, Safety and Environment 103 (Winter, 1997) |
Clovis E. Semmes, Racism, Health, and Post-Industrialism: A Theory of African-American Health (Praeger Publishers 1996). About the author, acknowledgements, index, introduction, selected bibliography. LC-95-34440; ISBN 0-275-95428-5 [178 pp. Cloth $59.95, paper $18.95. 88 Post Road West, Westport CT 06881.] Not until well into in his book does; Search Snippet: ...Safety and Environment Winter, 1997 Book Review CLOVIS E. SEMMES, RACISM, HEALTH, AND POST-INDUSTRIALISM: A THEORY OF AFRICAN-AMERICAN HEALTH... |
1997 |
| Nkechi Taifa |
Coerced Consent: Plea Bargaining, the Trial Penalty, and American Racism |
40 Howard Law Journal 641 (Spring 1997) |
I. Introduction. 642 II. Blacks Have Historically Appealed to International Bodies for Vindication of Basic Human Rights. 643 III. An Overview of CERD, Focusing on Its Criminal Justice Provisions and U.S. Reservations, Understandings and Declarations. 648 IV. Institutionalized Racism in the Criminal Justice System Violates The Letter and Spirit of; Search Snippet: ...APPLICABILITY OF THE INTERNATIONAL CONVENTION TO ELIMINATE ALL FORMS OF RACIAL DISCRIMINATION TO THE U.S. CRIMINAL JUSTICE SYSTEM Nkechi Taifa [FNa1... |
1997 |