| Author | Title | Citation | Summary | Year |
| |
State Constitutional Analysis of Pretext Stops: Racial Profiling and Public Policy Concerns |
76 Michigan Bar Journal 930 (September, 1997) |
The State Bar of Michigan, Detroit Metropolitan Bar Association and Wolverine Bar Association recalled a historic decision of the United States Supreme Court striking down racial covenants in housing agreements on August 12. Striking Racial Covenants, the 25th Michigan Legal Milestone, was dedicated in a ceremony that began at 11 a.m. at the new... |
1997 |
| |
Statistical Aspects of Cases Concerning Racial Discrimination in Drug Sentencing: Stephens V. State and U.s. V. Armstrong |
1997 Annual Survey of American Law 529 (1997) |
I. ASSIGNMENT AND MATERIALS RECEIVED. 529 II. METHODOLOGY. 530 III. SUMMARY OF FINDINGS. 532 A. PROMOTIONS. 532 B. HIRES. 537 C. TERMINATIONS. 540 D. WORKFORCE. 543 IV. SUMMARY TABLES AND APPENDICES. 548 We were asked by the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts to undertake a statistical analysis of the; Search Snippet: ...STATISTICAL ANALYSIS FOR THE SECOND CIRCUIT TASK FORCE ON GENDER, RACIAL AND ETHNIC FAIRNESS IN THE COURTS Copyright (c) 1997 Annual... |
1997 |
| Joseph L. Gastwirth , Tapan K. Nayak |
Statistical Evidence of Racially Polarized Voting in the Obama Elections, and Implications for Section 2 of the Voting Rights Act |
87 Journal of Criminal Law and Criminology 583 (Winter 1997) |
Statistical evidence has been accepted in a wide variety of legal cases, including trademark confusion, product liability, and jury and employment discrimination. Recently, statistics introduced on behalf of defendants who have challenged the fairness of sentencing practices have been poorly received by courts, as compared to their acceptability in; Search Snippet: ...and Criminology Winter 1997 Criminology STATISTICAL ASPECTS OF CASES CONCERNING RACIAL DISCRIMINATION IN DRUG SENTENCING: STEPHENS v. STATE AND U.S. v... |
1997 |
| Douglas W. Kmiec |
The Abyss of Racism |
11 Notre Dame Journal of Law, Ethics & Public Policy 1 (1997) |
This volume is about race. In the Catholic, if not larger Judeo-Christian tradition, race is morally irrelevant. We are all created in God's image, and therefore skin color tells us nothing about a person's intellectual, spiritual, or moral worth. And yet, race is not unknown to our lives. Census data, rates of illegitimacy, school admissions,... |
1997 |
| Juan F. Perea |
The Blame Frame: Justifying (Racial) Injustice in America |
85 California Law Review 1213 (October, 1997) |
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) 1997 California Law... |
1997 |
| John A. Powell |
The Colors of Cannabis: Reflections on the Racial Justice Implications of California's Proposition 64 |
31 University of San Francisco Law Review 789 (Summer 1997) |
THIS PAPER WILL briefly touch on some of the ways we think about race and, more particularly, racial categories. Despite our obsession with race--which sometimes takes the form of race aversion--our national discourse is disturbingly confused, charged, and often unproductive. Our language often seems wooden and rehearsed, and the way that we... |
1997 |
| Devon W. Carbado |
The Continuing Significance of Race: Official Legislative Racial Discrimination in Louisiana 1861 to 1974 |
32 Harvard Civil Rights-Civil Liberties Law Review 49 (Winter, 1997) |
Nicole Brown Simpson's memory [as an abused ex-wife and murder victim] is conceptually, if paradoxically, linked to the invisibility of black and poorer white women who die at the hands of their spouses. --Patricia J. Williams When the names Rodney King, O.J. Simpson, Mike Tyson, Marion Barry and even Clarence Thomas become symbolic, like; Search Snippet: ...Review Winter, 1997 THE CONSTRUCTION OF O.J. SIMPSON AS A RACIAL VICTIM [FNa1] Devon W. Carbado [FNaa1] Copyright (c) 1997 by... |
1997 |
| Christine B. Hickman |
The Devil in the Details: on Intelligent Design, Racial Conspiracy Theories, and the Theology of Whiteness |
95 Michigan Law Review 1161 (March, 1997) |
C1-3Table of Contents Introduction. 1163 I. Treatment of Mixed-Race People: The Early Legal Record. 1171 A. The First African Americans and the First Race Mixing. 1172 B. Mulattoes: Black by Law. 1174 C. A Study in Contrasts: Exclusion of Mulattoes from De Crevecoeur's New Race of Men'. 1180 D. The Census and the Mulatto Category, 1850-1910. 1182; Search Snippet: ...Review March, 1997 THE DEVIL AND THE ONE DROP RULE: RACIAL CATEGORIES, AFRICAN AMERICANS, AND THE U.S. CENSUS Christine B. Hickman... |
1997 |
| Paul Lansing , John D. Bailey |
The Fate of Black Youth in the Criminal Justice System: the Racially Discriminatory Implications of Prosecutorial Discretion and Juvenile Waiver |
76 Nebraska Law Review 653 (1997) |
I. Introduction. 653 II. Background. 656 A. The Arrest. 658 B. The Charges in Germany. 660 C. The Extradition. 661 D. Applicable Danish Law. 663 E. The Trial. 663 III. Lauck's Extradition Under International Law. 665 A. Article 2 of the European Convention on Extradition. 666 B. Article 3 of the European Convention on Extradition. 667 1. Pure; Search Snippet: ...THE FARMBELT FUEHRER: CONSEQUENCES OF TRANSNATIONAL COMMUNICATION OF POLITICAL AND RACIST SPEECH Paul Lansing [FNa1] John D. Bailey [FNaa1] Copyright ©... |
1997 |
| Walter J. Walsh |
The Fha's Origins: How its Valuation Method Fostered Racial Segregation and Suburban Sprawl |
40 Howard Law Journal 513 (Winter 1997) |
Tyger! Tyger! burning bright In the forest of the night, What immortal hand or eye Dare frame thy fearful symmetry? A decade has now passed since Julia Cooper Mack authored her most controversial judicial opinion, Gay Rights Coalition of Georgetown University Law Center v. Georgetown University. That opinion provoked two acts of Congress aimed at... |
1997 |
| James Jennings |
The Interplay of Editorial and Prosecutorial Discretion in the Perpetuation of Racism in the Criminal Justice System |
40 Howard Law Journal 597 (Spring 1997) |
From July 23 to 25, 1900, thirty-two individuals from around the world gathered in London at the behest of Trinidadian barrister Henry Sylvester-Williams. The purpose of this meeting was to bring together delegates to serve under the first Pan-African Congress. At this meeting a Committee on Address to the Nations of the World was appointed with; Search Snippet: ...THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: IMPLICATIONS FOR CHALLENGING RACIAL HIERARCHY James Jennings [FNa1] Copyright (c) 1997 Howard University School... |
1997 |
| J. Randy Sawyer |
The Last Minstrel Show? Racial Profiling, the War on Terrorism and the Mass Media |
7 Seton Hall Constitutional Law Journal 663 (Winter 1997) |
Currently pending before the New Jersey Supreme Court is a challenge to the constitutionality of the New Jersey Death Penalty Act. The challenge asserts that New Jersey juries impose the sentence of death more often on black defendants than non-black defendants. A similar challenge was rejected by the United States Supreme Court in McCleskey v; Search Snippet: ...STATES SUPREME COURT AND NEW JERSEY SUPREME COURT APPROACHES TO RACIAL BIAS IN THE IMPOSITION OF THE DEATH PENALTY J. Randy... |
1997 |
| Enid Trucios-Gaynes |
The Legalization of Racism in a Constitutional State: Democracy's Suicide in Vichy France |
76 Oregon Law Review 369 (Summer 1997) |
the ongoing struggle of defining what it means to be American has infected public policy and political debates in a manner that almost defies characterization. The rhetoric about the threats to the American way of life posed by noncitizens is linked to immigration policy because of a heightened awareness of the increased presence of noncitizens... |
1997 |
| Davison M. Douglas |
The Limits of Liberal Inclusivity: How Defining Islamophobia Normalizes Anti-muslim Racism |
44 UCLA Law Review 677 (February, 1997) |
L1-2Introduction 678. I. Legal Restraints on School Segregation in the Nineteenth-Century North. 684 A. Enactment of Antisegregation Legislation. 687 1. New Jersey. 687 2. Pennsylvania. 690 3. Ohio. 692 4. Illinois. 695 B. African-American Attitudes Towards School Segregation. 697 C. Enforcement of Antisegregation Legislation. 701 II. The; Search Snippet: ...Law Review February, 1997 THE LIMITS OF LAW IN ACCOMPLISHING RACIAL CHANGE: SCHOOL SEGREGATION IN THE PRE-BROWN NORTH Davison M... |
1997 |
| Elissa Krauss , Martha Schulman |
The Myth of the Superspade: the Persistence of Racism in College Athletics |
7 Cornell Journal of Law & Public Policy 57 (Fall 1997) |
In recent years, African-American (and other minority) jurors have regularly been accused of judging cases on preconceived race-based notions about justice rather than on the evidence. Anecdotal accounts of a handful of allegedly race-based acquittals are bolstered by statistics claiming to show higher rates of acquittal and hung juries in; Search Snippet: ...Role of the Jury THE MYTH OF BLACK JUROR NULLIFICATION: RACISM DRESSED UP IN JURISPRUDENTIAL CLOTHING Elissa Krauss [FNd1] Martha Schulman... |
1997 |
| Laura Logiudice |
The Never Ending Tale: Racism and Inequality in the Era of Broken Windows |
7 Seton Hall Constitutional Law Journal 617 (Winter 1997) |
At some point, the vast majority of citizens receive the dreaded jury duty notice, requesting jury service on either the federal or state level. For many, the one and only thought after receiving such a notice is to somehow avoid the request. Interestingly, a prospective juror may be excused from jury duty exclusive of their own volition, through; Search Snippet: ...1997 Comment THE NEVER ENDING STORY OF THE PEREMPTORY CHALLENGE: RACIAL DISCRIMINATION IN THE NEW JERSEY JURY SYSTEM Laura Logiudice Copyright... |
1997 |
| W. Dennis Keating |
The Penology of Racial Innocence: the Erasure of Racism in the Study and Practice of Punishment |
45 Cleveland State Law Review 235 (1997) |
I. Introduction. 235 II. United States v. Parma: The Fair Housing Lawsuit (1973-1980). 237 III. The Original Remedy: 1980-1982. 239 IV. Implementation of the Original Remedy (1982-1996). 241 V. The New Remedy: 1996. 243 VI. Conclusion. 248; Search Snippet: ...LAW REVIEW Cleveland State Law Review 1997 THE PARMA HOUSING RACIAL DISCRIMINATION REMEDY REVISITED W. Dennis Keating [FN1] Copyright (c) 1997... |
1997 |
| R. Richard Banks |
The Political Roots of Racial Tracking in American Criminal Justice. By Nina M. Moore. New York: Cambridge University Press, 2015. 406 Pp. $30.99 Paperback |
9 Yale Journal of Law & the Humanities 217 (Winter 1997) |
Much of contemporary legal scholarship expresses a narrative impulse. Eschewing the traditional norms and forms of legal scholarship, many professors have turned to storytelling to capture issues not easily elucidated through more conventional approaches. Although the narrative approach has recently come to prominence through the writings of; Search Snippet: ...the Humanities Winter 1997 Book Review THE POLITICAL ECONOMY OF RACIAL DISCOURSE Harlon L. Dalton, Racial Healing: Confronting the Fear Between Blacks and Whites. New York... |
1997 |
| Bill Quigley , Maha Zaki |
The Sin of Racism: Comments on the Remarks of Chancellor Julius Chambers |
24 Southern University Law Review 145 (SPRING 1997) |
C1-3Table of Contents I. Introduction. 146 II. Territorial Laws of Louisiana: 1803-1812. 147 A. Black Code of 1806. 147 B. Digest of 1808. 153 C. Other Territorial Statutes. 155 III. Statehood to Conclusion of the Civil War: 1812-1865. 157 A. Constitutional Provisions. 157 B. Slavery and Black codes. 159 C. Civil Code of 1825. 172 D. Slaves as; Search Snippet: ...University Law Review SPRING 1997 THE SIGNIFICANCE OF RACE: LEGISLATIVE RACIAL DISCRIMINATION IN LOUISIANA, 1803-1865 Bill Quigley [FN1] Maha Zaki... |
1997 |
| Jeffrey L. Fisher |
The Use of Racial Preferences in Public Procurement for Social Stability |
95 Michigan Law Review 1404 (March, 1997) |
Like it or not, the attack on bizarrely shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races; Search Snippet: ...1997 Note THE UNWELCOME JUDICIAL OBLIGATION TO RESPECT POLITICS IN RACIAL GERRYMANDERING REMEDIES Jeffrey L. Fisher Copyright (c) 1997 Michigan Law... |
1997 |
| Gay J. McDougall |
Toward a Structural Theory of Implicit Racial and Ethnic Bias in Health Care |
40 Howard Law Journal 571 (Spring 1997) |
Racism has always been America's Achilles heel in international relations. African-Americans have a long history of appeals to the international community--and its judicial bodies--for redress of racist practices in the U.S. However, from the days of the slave trade to more modern instances of police brutality, including the assault against Rodney; Search Snippet: ...DOMESTIC RELEVANCE OF INTERNATIONAL EFFORTS TO ELIMINATE ALL FORMS OF RACIAL DISCRIMINATION Gay J. McDougall [FNa1] Copyright (c) 1997 Howard University... |
1997 |
| Saul Green and Dawn Van Hoek |
Unfinished Business: the Bush Administration and Racial Preferences |
76 Michigan Bar Journal 938 (September, 1997) |
Not quite a decade ago, after a two-year investigatory effort, a blue-ribbon group of lawyers and judges reached a troubling conclusion: racial, ethnic and gender bias exists in the justice system, affecting citizens, litigants and lawyers alike. The work of the Michigan Supreme Court's Task Forces on Racial/Ethnic and Gender Issues in the Courts; Search Snippet: ...September, 1997 Feature State of the State Bar UNFINISHED BUSINESS: RACIAL, ETHNIC AND GENDER ISSUES STILL CONFRONT BENCH AND BAR Saul... |
1997 |
| Michelle Deluca |
Where to Draw the Line: the Egregiousness Standard in the Application of the Fourth Amendment in Immigration Proceedings and the Racial Profiling Exception |
48 South Carolina Law Review 415 (Winter 1997) |
I. Introduction In Smith v. Beasley the United States District Court for the District of South Carolina considered the constitutionality of three South Carolina Senate and nine House of Representatives election districts. Ultimately, the court held that six of the house districts and three senate districts were unconstitutional because they; Search Snippet: ...WHERE SHOULD WE DRAW THE LINE?: SOUTH CAROLINA'S BATTLE WITH RACIAL GERRYMANDERING Michelle Deluca Copyright (c) 1997 University of South Carolina... |
1997 |
| Timothy Davis |
Whose Common Good? Racism in the Political Community |
28 Pacific Law Journal 341 (Winter, 1997) |
In Black and White: Race and Sports in America. By Kenneth L. Shropshire. New York and London: New York University Press, 1996. Pp. xxvii, 212. $24.95. Professor Kenneth Shropshire's important book In Black and White examines the controversial issue of racism in professional sports. Like scholars before him, Professor Shropshire argues that sports,; Search Snippet: ...Winter, 1997 Book Review Essay WHO'S IN AND WHO'S OUT: RACIAL DISCRIMINATION IN SPORTS Timothy Davis [FNa1] Copyright (c) 1997 by... |
1997 |
| John C. Brittain |
Why White Privilege Is a Necessary Part of Any Conversation on Racism |
30 Connecticut Law Review 211 (Fall 1997) |
The decision by the Connecticut Supreme Court in Sheff v. O'Neill represents a landmark in school desegregation law. A majority of justices departed from existing federal common law doctrine to find an explicit state constitutional prohibition against de facto racial and ethnic segregation of schoolchildren in public schools in the state's capital; Search Snippet: ...IS A LANDMARK DECISION Finding a way to cross the racial and ethnic divide has never been more important than it... |
1997 |
| Anita R. Brown-Graham |
A New Ride: Using Title Ii as a Civil Rights Vehicle to American Society's Elusive "Level Playing Fields" |
28 Urban Lawyer 667 (Fall, 1996) |
Deeply imbedded in our concept of liberty is the understanding that the First Amendment to the U.S. Constitution protects individuals against governmental action that restricts speech, even odious, racist speech. A new notion is emerging, from the other side of the coin, that the First Amendment may protect the government when it speaks, even if; Search Snippet: ...in Government Liability Law A NEW FIRST AMENDMENT DEFENSE FOR RACIALLY DISCRIMINATORY ACTIONS BY THE GOVERNMENT? Anita R. Brown-Graham Copyright... |
1996 |
| Kimberlianne Podlas |
A Not Quite Color-blind Constitution: Racial Discrimination and Racial Preference in Justice O'connor's "Newest" Equal Protection Jurisprudence |
23 Fordham Urban Law Journal 1283 (Summer 1996) |
The campaign against environmental injustice is still in its developmental stage, particularly with regard to identifying viable legal strategies. Legal scholarship on the topic has largely been confined to recounting failed attempts to litigate environmental racism claims under the Equal Protection Clause of the 14th Amendment and, recently,; Search Snippet: ...SLAY THE DRAGON: USING NEW YORK LAW TO COMBAT ENVIRONMENTAL RACISM Kimberlianne Podlas [FNa] Copyright (c) 1996 Fordham University School of... |
1996 |
| Jen-L A. Wong |
Addressing Racial Bias in the Jury System: Another Failed Attempt? |
18 University of Hawaii Law Review 939 (Summer/Fall, 1996) |
Today's decision marks a deliberate and giant step backward in this Court's affirmative-action jurisprudence. Justice Marshall's prophetic warning in his Croson dissent was confirmed in the Supreme Court's 1995 decision in Adarand Constructors Inc. v. Pena. In Adarand, the United States Supreme Court addressed whether a Congressionally authorized... |
1996 |
| Katharine Inglis Butler |
Affirmative-action Jurisprudence Reflects American Racial Animosity but Is Also Unhappy in its Own Special Way |
26 Cumberland Law Review 313 (1995-1996) |
INTRODUCTION. 315 A. Recent Cases. 315 B. Rhetoric: The Critics. 316 I. WHITE LEGISLATURES GO TO EXTREMES TO CREATE MAJORITY BLACK DISTRICTS. 318 II. THE STATE'S USE OF RACE AND THE CONSTITUTION. 322 A. Racial Classifications, Racial Motives and Racial Impacts. 322 1. State Action Having No Function Other Than To Promote Racial Outcomes. 323 a; Search Snippet: ...285604 CUMBERLAND LAW REVIEW Cumberland Law Review 1995-1996 AFFIRMATIVE RACIAL GERRYMANDERING: RHETORIC AND REALITY Katharine Inglis Butler [FNa] Copyright ©... |
1996 |
| Donna M. Gitter |
As Long as They Don't Move next Door: Segregation and Racial Conflict in American Neighborhoods |
17 Berkeley Journal of Employment and Labor Law 165 (1996) |
The abstracts section, a regular feature of the Journal, contains summaries of recent labor- and employment-related articles, comments and notes published in law reviews and journals nationwide. In addition, the section lists citations to recent articles of interest which are not summarized. The article summaries and citations are categorized under; Search Snippet: ...in Employment ARTICLE ABSTRACTS Donna M. Gitter, French Criminalization of Racial Employment Discrimination Compared to the Imposition of Civil Penalties in... |
1996 |
| Roberta M. Harding |
Atticus Finch as Racial Accommodator: Answering Malcolm Gladwell |
2 Race and Ethnic Ancestry Law Digest 26 (Spring, 1996) |
June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation--providing equal educational opportunities for; Search Snippet: ...Nightmare of the 1990s AT LOGGERHEADS: THE SUPREME COURT AND RACIAL EQUALITY IN PUBLIC SCHOOL EDUCATION AFTER MISSOURI v. JENKINS Roberta... |
1996 |
| Laura A. Giantris |
Backdooring Batson: the Improper Use of Racial Memory and Other "Peculiar" Characteristics in Juror Challenges |
55 Maryland Law Review 615 (1996) |
In the wake of the Rodney King and O.J. Simpson trials, jury racial bias has become a fast-growing topic of social and legal debate. In Hill v. State, the Court of Appeals rendered a decision aimed at combating racially biased juries. The court reversed the conviction of an African-American Baltimore resident convicted of drug possession on the; Search Snippet: ...Maryland Court of Appeals B. THE NECESSITY OF INQUIRY INTO RACIAL BIAS IN VOIR DIRE Laura A. Giantris Copyright (c) 1996... |
1996 |
| Angela J. Davis |
Benign Racial Classifications: a Guide for Transportation Attorneys |
94 Michigan Law Review 1660 (May, 1996) |
In October 1995, two black male teenagers were shopping in a clothing store in Prince George's County, Maryland. A white security guard, who was also an off-duty police officer, approached one of the teens and questioned him about the shirt that he was wearing. The youth explained that he had bought the shirt in that same store the previous week; Search Snippet: ...May, 1996 III. Crime and Punishment BENIGN NEGLECT [FNa] OF RACISM IN THE CRIMINAL JUSTICE SYSTEM Malign Neglect: Race, Crime, And... |
1996 |
| Sharon E. Rush |
Beyond Batson V. Kentucky: a Proposed Ethical Rule Prohibiting Racial Discrimination in Jury Selection |
48 Florida Law Review 373 (July, 1996) |
In the late 1940s, Mr. G.W. McLaurin, a Black man, was admitted to the graduate school at the University of Oklahoma. Although he had already received a Master's Degree in education, he aspired to earn a doctorate in that field as well. He gained admission to the University after a federal court found that an Oklahoma law that prohibited Blacks and; Search Snippet: ...of Florida College of Law Faculty Essay Issue BEYOND ADMISSIONS: RACIAL EQUALITY IN LAW SCHOOLS Sharon E. Rush [FNa1] Copyright ©... |
1996 |
| Nkechi Taifa |
Beyond Protecting Genetic Privacy: Understanding Genetic Discrimination Through its Disparate Impact on Racial Minorities |
10–OCT NBA National Bar Association Magazine 13 (September/October, 1996) |
During heated debate on the floor of the House of Representatives on the crack cocaine issue last year, Representative Maxine Waters conveyed comments of frustration from her constituents disparaging the prevalence of crack cocaine in their communities: Ms. Waters, why do they not get the big drug dealers?, she quoted them as asking. What is; Search Snippet: ...National Bar Association Magazine September/October, 1996 Feature BEYOND INSTITUTIONALIZED RACISM: THE GENOCIDAL IMPACT OF EXECUTIVE, LEGISLATIVE & JUDICIAL DECISIONMAKING IN... |
1996 |
| Wallace Warfield |
Building Economic and Racial Equity in D.c. Through Cooperative Businesses |
1996 Journal of Dispute Resolution |
Racial conflict in America is widespread. No attempt to homogenize American political culture out of an amalgam of egalitarian values can mask its occasionally virulent manifestations. Despite the introduction of large numbers of new immigrant groups in the decades after 1965 and the new profiles of intergroup conflict that have emerged, the; Search Snippet: ...DISPUTE RESOLUTION Journal of Dispute Resolution 1996 BUILDING CONSESUS FOR RACIAL HARMONY IN AMERICAN CITIES: CASE MODEL APPROACH Wallace Warfield [Fna... |
1996 |
| |
C. Martin Lawyer, Iii |
22 Journal of Contemporary Law 172 (1996) |
In Adarand Constructors, Inc. v. Pena, the United States Supreme Court held that strict scrutiny is the proper standard of review for benign race-based legislation imposed by federal, state, or local government. Writing for the majority, Justice O'Connor overruled Metro Broadcasting, Inc. v. Federal Communications Commission which previously; Search Snippet: ...v. PENA: STRICT SCRUTINY--ONE STANDARD OF REVIEW FOR ALL RACIAL CLASSIFICATION LEGISLATION [FNa] Copyright (c) 1996 Journal of Contemporary Law... |
1996 |
| Christopher A. Ford |
Challenges to Racial Redistricting in the New Millennium: Hunt V. Cromartie as a Case Study |
43 UCLA Law Review 1953 (August, 1996) |
I. Affirmative Action in South Africa. 1960 A. Constitutional Law. 1961 B. Positions of the Parties. 1964 1. The African National Congress. 1964 2. The National Party. 1965 3. The New Constitution. 1967 C. Affirmative Action in South African Practice. 1969 1. The Public Sector. 1970 2. The Private Sector. 1973 3. Resource Constraints. 1975 D. Some; Search Snippet: ...August, 1996 Symposium on Affirmative Action CHALLENGES AND DILEMMAS OF RACIAL AND ETHNIC IDENTITY IN AMERICAN AND POST-APARTHEID SOUTH AFRICAN... |
1996 |
| Verna Myers |
Chapter 11 Racism from the Perspective of the Brazilian Courts of Justice: a Critical Analysis |
40-DEC Boston Bar Journal B.J. 7 (November/December, 1996) |
Undeniably, Boston's legal community and the profession as a whole have become more diverse over the last half of this century. Although the profession's acceptance of members of different groups, especially in its most prestigious firms, has been slow and uneven. In recent years, with some success, a good deal of attention has been given to... |
1996 |
| Julie A. Ellis |
Constitutional Law--fourteenth Amendment Equal Protection Clause-- Racial Preferences in College and University Admissions |
34 Duquesne Law Review 403 (Winter 1996) |
In 1989 Mountain Gravel and Construction Company (Mountain Gravel) was awarded the prime contract for a highway construction project in Colorado. The award was given by the Central Federal Lands Highway Division, a unit of the United States Department of Transportation. Subsequently, Mountain Gravel solicited bids from subcontractors for the; Search Snippet: ...LAW--FIFTH AMENDMENT--FOURTEENTH AMENDMENT--EQUAL PROTECTION--STANDARD OF REVIEW-- RACIAL CLASSIFICATIONS --The United States Supreme Court held that racial classifications imposed by either federal, state or local governments must... |
1996 |
| William D. Green |
Critical Mass Is Fifteen Colored's! De Facto & De Jure Policies of Racial Isolation in St. Paul's Schools and Housing Patterns During the 19th Century, and Beyond |
17 Hamline Journal of Public Law and Policy 299 (Spring, 1996) |
For ten years, during the period when America was embroiled in the Civil War, St. Paulthe capital of one of the most liberal states in the Unionpersistently embarked on a policy that segregated black children from white children. It was a policy that reflected the times when northern blacks lived a paradoxical existence of being tolerated by; Search Snippet: ...MASS IS FIFTEEN COLORED'S! DE FACTO & DE JURE POLICIES OF RACIAL ISOLATION IN ST. PAUL'S SCHOOLS AND HOUSING PATTERNS DURING THE... |
1996 |
| Alex M. Johnson, Jr. |
Detecting Bias: Using Statistical Evidence to Establish Intentional Discrimination in Racial Profiling Cases |
84 California Law Review 887 (July, 1996) |
As I stepped onto the bus one early morning, the driver, a young black man, said I was a dime short. I was positive I had deposited the proper fare. I did a slight burn, though concealed. To avoid an unpleasant exchange, I fished out another dime and dropped it into the box. My annoyance, trivial though the matter was, stayed with me for the rest; Search Snippet: ...California Law Review July, 1996 Symposium: Race-Based Remedy DESTABILIZING RACIAL CLASSIFICATIONS BASED ON INSIGHTS GLEANED FROM TRADEMARK LAW Alex M... |
1996 |
| Loren Page Ambinder |
Displacing the Common Sense Intrusion of Whiteness from Within and Without: "The Chicano Fight for Justice in East L.a." |
64 George Washington Law Review 342 (January, 1996) |
Mr. Cab Driver won't stop to let me in Mr. Cab Driver don't like my kind of skin Mr. Cab Driver you're never gonna win . . . Mr. Cab Driver don't like the way I look He don't like dreads he thinks we're all crooks Mr. Cab Driver reads too many story books Mr. Cab Driver pass me up with eyes of fire Mr. Cab Driver thinks we're all 165ers Mr. Cab; Search Snippet: ...Law Review January, 1996 Note DISPELLING THE MYTH OF RATIONALITY: RACIAL DISCRIMINATION IN TAXICAB SERVICE AND THE EFFICACY OF LITIGATION UNDER... |
1996 |
| Kenneth L. Shropshire |
Diversity's Divergence: a Post-grutter Examination of Racial Preferences in Public Employment |
67 University of Colorado Law Review 47 (1996) |
No sector of American society is free from racism. Unfortunately, intolerant beliefs and actions are an ingrained part of our culture and national psyche. The laws have changed to outlaw certain types of flagrant discrimination, yet discriminatory practices continue. One commentator has appropriately expressed the view of many that r acial; Search Snippet: ...COLORADO LAW REVIEW University of Colorado Law Review 1996 DIVERSITY, RACISM, AND PROFESSIONAL SPORTS FRANCHISE OWNERSHIP: CHANGE MUST COME FROM WITHIN... |
1996 |
| Myron Orfield |
Eddie Murphy and the Dangers of Counterfactual Causal Thinking about Detecting Racial Discrimination |
17 Hamline Journal of Public Law and Policy 271 (Spring, 1996) |
Schools are the first victim and the most powerful perpetuator of metropolitan polarization. Local schools become socioeconomically distressed before neighborhoods themselves become poor. Hence, increasing poverty in a city's school children is a prophecy for the city. First, the city's children become its adults. Second, middle-class families, who; Search Snippet: ...and Policy Spring, 1996 Policy Dialogue on Desegregation ECONOMIC AND RACIAL POLARIZATION IN TWIN CITIES SCHOOLS Myron Orfield Copyright (c) 1996... |
1996 |
| Daniel C. Wigley , Kristin S. Shrader-Frechette |
Environmental Racism and Black Theology: James H. Cone Instructs Us on Whiteness |
7 Risk: Health, Safety and Environment 55 (Winter, 1996) |
In 1982, Reverend Benjamin Chavis, executive director of the United Church of Christ Commission for Racial Justice (CRJ) was arrested for blocking the path of trucks carrying toxic PCBs to a newly designated hazardous-waste landfill near a small southern town of predominately black residents. In 1987, a milestone CRJ report showed that the most; Search Snippet: ...AND ENVIRONMENT Risk: Health, Safety and Environment Winter, 1996 ENVIRONMENTAL RACISM AND BIASED METHODS OF RISK ASSESSMENT Daniel C. Wigley [FNa1... |
1996 |
| Lynn E. Blais |
Environmental Racism with a Faint Green Glow |
75 North Carolina Law Review 75 (November, 1996) |
The rallying cry of the environmental justice movement has been its leaders' claim that minority and poor communities throughout the United States have been forced to bear more than their share of the environmental burdens that accompany the toxic by-products of our industrialized society. In this article, Professor Lynn Blais argues that the... |
1996 |
| Johan Leman |
Everyone's a Little Bit Racist? Reconciling Implicit Bias and Title Vii |
18 Loyola of Los Angeles International and Comparative Law Journal 603 (June, 1996) |
On different levels, the European Union (EU) stresses the importance of democratic values and respect for fundamental rights. The Union Treaty exemplifies this by noting that respecting fundamental rights must be a general principle of Community Law. Other documents express the EU's desire to become a union that entitles all people to rights and; Search Snippet: ...Comparative Law Journal June, 1996 Essay EUROPE'S CONSULTATIVE COMMISSION ON RACISM AND XENOPHOBIA AND THE SLOW PROGRESS TOWARDS A EUROPEAN ANTIRACISM OBSERVATORY Johan Leman [FNa] Copyright (c) 1996 Loyola of Los... |
1996 |
| Joan E. Imbriani |
Fourteenth Amendment--due Process, Equal Protection and Law Against Discrimination--material Issue of Fact as to Whether County Sheriff Engaged in Discriminatory Harassment by Uttering One Racial Epithet That Was Sufficiently Severe to Create a Hostile Wo |
6 Seton Hall Constitutional Law Journal 911 (Spring 1996) |
Last year, the United States Supreme Court delivered an opinion tampering with a significant portion of well-established law prohibiting race-based peremptory challenges. Purkett v. Elem, 115 S. Ct. 1769 (1995) (per curiam). The Court found that the Batson v. Kentucky prohibition against equal protection violations in jury selections is not; Search Snippet: ...ONLY BE RACE-NEUTRAL, NOT PERSUASIVE OR PLAUSIBLE, WHERE INTENTIONAL RACIAL DISCRIMINATION IS ALLEGED - PURKETT v. ELEM, 115 S. CT. 1769... |
1996 |
| Richard D. Kahlenberg |
Getting it Wrong: Hopwood V. Texas and its Implications for Racial Diversity in Legal Education and Practice |
45 American University Law Review 721 (February, 1996) |
If you ask Americans whether it is time to get beyond racial preferences, the vast majority will say yes. If you ask, instead, the question posed to Panel III of the conference, The Rehnquist Court and the American Dilemma, -- Is it time to get beyond race? -- the answer may be more ambivalent. The two questions are quite different, and the; Search Snippet: ...REVIEW American University Law Review February, 1996 Essay GETTING BEYOND RACIAL PREFERENCES: THE CLASS-BASED COMPROMISE Richard D. Kahlenberg [FNa] Copyright... |
1996 |