AuthorTitleCitationSummaryYear
Elaine Golin Some Are Born White, Some Achieve Whiteness, and Some Have Whiteness Thrust upon Them: Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-five Years after Hernandez V. Texas 95 Columbia Law Review 1532 (October 1, 1995) Administrative Law Judges (ALJs) preside over hundreds of thousands of adjudications every year and their decisions affect the lives of millions of Americans. As the decisionmakers in the on-the-record hearings of federal administrative agencies, ALJs play an important role in overseeing the enforcement of federal law and the distribution of; Search Snippet: ...Review October 1995 Note SOLVING THE PROBLEM OF GENDER AND RACIAL BIAS IN ADMINISTRATIVE ADJUDICATION Elaine Golin Copyright (c) 1995 Directors... 1995
Frank R. Parker The Constitutionality of Racially Integrative Purpose 3 District of Columbia Law Review Rev. 1 (Spring 1995) Redistricting after the 1990 Census resulted in historic increases in the number of majority-black and majority-Hispanic congressional and legislative districts and accompanying advances in the number of black and Hispanic members of Congress and state legislators. State legislatures and federal and state courts created additional majority-minority; Search Snippet: ...Law Review Spring 1995 Voting Rights Symposium THE CONSTITUTIONALITY OF RACIAL REDISTRICTING: A CRITIQUE OF SHAW V. RENO Frank R. Parker... 1995
David Zonana The Elephant in the Room 1994 Annual Survey of American Law 203 (April, 1995) In Batson v. Kentucky, the Supreme Court first placed meaningful restrictions on the exercise of the peremptory challenge. The Court held that the prosecution's use of racially-based strikes against jurors of the defendant's race violated the defendant's Fourteenth Amendment right to equal protection of the laws. Overruling Swain v. Alabama, in; Search Snippet: ...Law April, 1995 Criminal Procedure THE EFFECT OF ASSUMPTIONS ABOUT RACIAL BIAS ON THE ANALYSIS OF BATSON 'S THREE HARMS AND... 1995
Florence Wagman Roisman The Lihtc Program, Racially/ethnically Concentrated Areas of Poverty, and High-opportunity Neighborhoods 81 Iowa Law Review 479 (December, 1995) The current debate about the under class has been given new shape and direction by American Apartheid: Segregation and the Making of the Under class, which argues that residential racial segregation is a principal cause of the deleterious conditions associated with the under class concept. Written by Professors Douglas S. Massey and Nancy A; Search Snippet: ...OF AMERICAN APARTHEID: THE NECESSITY AND MEANS OF PROMOTING RESIDENTIAL RACIAL INTEGRATION Florence Wagman Roisman [FNa1] Copyright (c) 1995 by the... 1995
Timothy Davis The National Collegiate Athletic Association's Quest to Educate the Student-athlete: Are the Academic Eligibility Requirements an Attempt to Foster Academic Integrity or Merely to Promote Racism? 22 Fordham Urban Law Journal 615 (Spring, 1995) L1-5,T1INTRODUCTION. 616 I. L2-5,T2HISTORICAL BACKGROUND. 623 A. L3-5,T3Early Years: Exclusion and Overt Discrimination. 623 1. L4-5,T4Formal Rules of Exclusion. 624 2. L4-5,T4Informal Rules of Discrimination. 626 3. L4-5,T4The Black Athlete as an Outsider. 630 B. L3-5,T3The Post World War II Era: From Overt to CovertRacism. 633 II; Search Snippet: ...Spring, 1995 THE MYTH OF THE SUPERSPADE: THE PERSISTENCE OF RACISM IN COLLEGE ATHLETICS Timothy Davis [FNa] Copyright (c) 1995 Fordham... 1995
Don Edwards , John Conyers, Jr. The Racial Justice Act and the Long Struggle with Race and the Death Penalty in North Carolina 20 University of Dayton Law Review 699 (Winter 1995) On September 13, 1994, President Clinton signed into law the Violent Crime Control and Law Enforcement Act, a sweeping piece of legislation designed to address the perceived increase in violent crime in the United States. Missing from this legislation was the Racial Justice Act, which would have addressed the fact that the criminal justice system; Search Snippet: ...Enforcement Act of 1994 II. The Racial Justice Act THE RACIAL JUSTICE ACT-- A SIMPLE MATTER OF JUSTICE Don Edwards [Fna... 1995
Daniel E. Lungren , Mark L. Krotoski The Racial Landscape of Social Networking Sites: Forging Identity, Community, and Civic Engagement 20 University of Dayton Law Review 655 (Winter 1995) During the last Congress, the so-called Racial Justice Act (RJA) proved to be one of the most controversial provisions in the omnibus crime bill. In fact, until it was dropped, the RJA threatened final congressional consideration of the crime bill. If the RJA were enacted, a capital defendant would be allowed to present statistics from unrelated; Search Snippet: ...Enforcement Act of 1994 II. The Racial Justice Act THE RACIAL JUSTICE ACT OF 1994-- UNDERMINING ENFORCEMENT OF THE DEATH PENALTY WITHOUT PROMOTING RACIAL JUSTICE Daniel E. Lungren [FNa] Mark L. Krotoski [FNaa] Copyright... 1995
Reginald Leamon Robinson The Racial Origins of Modern Criminal Procedure 37 William and Mary Law Review 69 (Fall, 1995) I. INTRODUCTION. 71 II. THE FAIR HOUSING ACT: EXTANT HOUSING SEGREGATION AND RACIAL LIMITATIONS. 87 A. The Relationship Between Housing Segregation and the Master Narrative of Black Inferiority: A Brief Overview. 87 B. Fair Housing Act, Racial Limits, and Extant Housing Segregation. 96 1. The Fair Housing Act and the Amendments of 1988. 96 2; Search Snippet: ...LAW REVIEW William and Mary Law Review Fall, 1995 THE RACIAL LIMITS OF THE FAIR HOUSING ACT: THE INTERSECTION OF DOMINANT... 1995
Clayton E. Cramer The Realities of Racial Profiling: Broad Interpretations of High Court Decisions Lead to Fourth Amendment Abuses 4-WTR Kansas Journal of Law & Public Policy 17 (Winter, 1995) The historical record provides compelling evidence that racism underlies gun control laws -- and not in any subtle way. Throughout much of American history, governments openly stated that gun control laws were useful for keeping blacks and Hispanics in their place and for quieting the racial fears of whites. Racist arms laws predate the... 1995
John E. Nowak The Rise of the New Racism 36 William and Mary Law Review 345 (January, 1995) Let me tell you a story about the Supreme Court and racial minorities. No, I am not going to tell you a story about real or fictional persons whose experiences make a point about the oppression of racial minorities in our society. I wish that I could tell that kind of story, but I lack the ability and the background of scholars who are associated; Search Snippet: ...Promise THE RISE AND FALL OF SUPREME COURT CONCERN FOR RACIAL MINORITIES John E. Nowak [FNa1] Copyright (c) 1995 by the... 1995
Richard A. Ryles, Esq. The Scarlet Gene: Behavioral Genetics, Criminal Law, and Racial and Ethnic Stigma 9-APR NBA National Bar Association Magazine 15 (March/April, 1995) On May 5, 1994, the Florida legislature voted to allocate 2.1 million dollars to all survivors of what is now known as the Rosewood Massacre. Rosewood, Florida was a black community situated on Florida's western coast with a population of approximately 120. On Monday, January 1, 1923, Mrs. Frances Taylor, a white resident of nearby Sumner, Florida; Search Snippet: ...Magazine March/April, 1995 Feature THE ROSEWOOD MASSACRE: REPARATIONS FOR RACIAL INJUSTICE Richard A. Ryles, Esq. [FNa1] Copyright (c) 1995 by... 1995
Ellen F. Sohn, Esq. The Unwelcome Judicial Obligation to Respect Politics in Racial Gerrymandering Remedies 9-SEP West Virginia Lawyer 22 (September, 1995) Although it has been several decades since the United States Supreme Court unanimously agreed that government action which discriminates against racial minorities should be strictly scrutinized, the Court has not yet reached a consensus on the permissible remedies for such discrimination or on the level of scrutiny which should apply to government; Search Snippet: ...Lawyer September, 1995 Feature THE UNITED STATES SUPREME COURT ADDRESSES RACIAL ISSUES Ellen F. Sohn, Esq. Copyright (c) 1995 by Ellen... 1995
Henry J. Reske Vi. Racial Bias and Prosecutorial Conduct at Trial 81-NOV ABA Journal 48 (November, 1995) The acquittal of O.J. Simpson validated the Dream Team label of his lawyers, who exploited key weaknesses in the prosecution's case but raised jury doubts in places where many observers believed no doubt could exist. The jury's decision, reached in less than four hours, confounded many trial-watchers and experts who had long predicted a hung jury; Search Snippet: ...OBSERVERS SAY PROSECUTION LOST THE CASE OVER A BLOODY GLOVE, RACIST COP Henry J. Reske Copyright (c) 1995 by the American... 1995
David D. O'Donnell Walking the Fine Line of Admissibility: Should Statements of Racial Bias Fall under an Exception to Federal Rule of Evidence 606(b)? 65 Mississippi Law Journal 345 (Winter 1995) Three decades after the enactment of the Voting Rights Act and fourteen years after section 2 of the Act was amended to expand the reach of the Act by discarding the briefly fashionable intent test in favor of a result test, the courts continue to grapple with a dizzying array of conceptual complexities and conflicting policies inherent in the... 1995
Ruth Colker Who's Black, Who's White, and Who Cares: Reconceptualizing the United States's Definition of Race and Racial Classifications 7 Yale Journal of Law & Feminism 195 (1995) Dr. Jean Jew, an Asian American woman, is a tenured professor at the University of Iowa College of Medicine. In the 1980s, she was subjected to a relentless campaign of racial and sexual slurs because of her purported relationship with her supervisor, Dr. Terence Williams. Jew was referred to as a slut, bitch, whore, and chink, and denied; Search Snippet: ...SURLY BLACKS, AND COMPETENT HETEROSEXUAL WHITE MEN: THE SEXUAL AND RACIAL MORALITY UNDERLYING ANTI-DISCRIMINATION DOCTRINE Ruth Colker [FNd] Copyright ©... 1995
Luther Wright, Jr. Who's in and Who's Out: Racial Discrimination in Sports 48 Vanderbilt Law Review 513 (March, 1995) I. Introduction. 515 II. Historical Origins of the Need to Define Race. 520 A. Early Statutory Attempts to Define Race. 522 B. Early Attempts by Courts to Interpret Race Statutes. 525 1. In the Slavery Era. 525 2. In the Separate but Equal Era. 527 C. Limits Placed Upon Individuals Because of Race. 531 1. During the Pre-Civil War Era. 531 2; Search Snippet: ...WHO CARES: RECONCEPTUALIZING THE UNITED STATES'S DEFINITION OF RACE AND RACIAL CLASSIFICATIONS Luther Wright, Jr. [FNa1] Copyright (c) 1995 by the... 1995
Matthew F. Leitman A Racial Financial Crisis: Rethinking the Theory of Reverse Redlining to Combat Predatory Lending under the Fair Housing Act 25 University of Toledo Law Review 215 (1994) A. The Disparate Impact of the Federal Sentencing Guidelines' Sentences for Crack Cocaine Distribution As publicity about the evils of crack cocaine grew in the 1980s, law enforcement officers and concerned citizens began calling for tougher criminal sanctions to deal with what they perceived as a crack epidemic. In response to these appeals,; Search Snippet: ...FOR CLASSIFICATIONS WITHIN THE CRIMINAL JUSTICE SYSTEM THAT HAVE A RACIALLY DISPARATE IMPACT: A CASE STUDY OF THE FEDERAL SENTENCING GUIDELINES... 1994
Henry J. Reske Aba President Supports Clinton's Call to Lawyers to Renew Commitment to Racial, Ethnic Justice 80-NOV ABA Journal 38 (November, 1994) The ABA committee that evaluates federal judges has again found itself at the center of a controversy over its rating system. Unlike the last big flareup over Robert Bork's Supreme Court nomination, this time the attacks are coming from liberals. They are charging that the ABA's system for evaluating judges is erratic, racist and weighted in favor; Search Snippet: ...ABA JUDICIAL RATINGS DRAW FIRE Liberal Critics Charge Process is Racist, Favors Silk-Stocking Nominees Henry J. Reske Copyright (c) 1994... 1994
N. Jay Shepherd Abridge Too Far: Racial Gerrymandering, the Fifteenth Amendment, and Shaw V. Reno 14 Boston College Third World Law Journal 337 (Summer, 1994) The right of citizens of the United States to vote shall not be denied or abridged . on account of race. Racial classifications of any sort pose the risk of lasting harm to our society. They reinforce the belief . that individuals should be judged by the color of their skin. Racial classifications with respect to voting carry particular dangers.... 1994
Anthony D. Taibi Barbarian at the Gates: Revisiting the Case of Matthew F. Hale to Reaffirm That Character and Fitness Evaluations Appropriately Preclude Racists from the Practice of Law 107 Harvard Law Review 1463 (May, 1994) C1-6TABLE OF CONTENTS R1-5 PAGE I. L2-5,T2Introduction: Paradigms of the Relationship Between CivilRights and Banking Regulation. .1466 II. L2-5,T2The Equal Credit Opportunity Act. .1471 A. L3-5,T3Background and Aims. .1471 B. L3-5,T3The ECOA's Performance: Evidence of Inadequacy. .1474 C. L3-5,T3Standard Liberal Proposals. .1476 D. L3-5,T3A; Search Snippet: ...ECONOMIC EMPOWERMENT: STRUCTURAL ECONOMIC THEORY, PROCEDURAL CIVIL RIGHTS, AND SUBSTANTIVE RACIAL JUSTICE Anthony D. Taibi [FNa1] Copyright (c) 1994 by The... 1994
Michael J. Klarman Brown's Lesson: to Integrate or Separate Is Not the Question, but How to Achieve a Non-Racist Society 80 Virginia Law Review Rev. 7 (February, 1994) Introduction. 8 I. The Long-Term Inevitability of Racial Change. 13 A. World War II. 14 1. Impact on Black Attitudes. 16 2. Increased Political Opportunities. 18 3. Increased Economic Opportunities. 20 4. Other Effects of the War. 21 B. Ideological Readjustment. 23 C. The Cold War Imperative. 26 D. The Changing Politics of Race. 30 E. Economic and; Search Snippet: ...Virginia Law Review February, 1994 TwentiethCentury Constitutional History BROWN, RACIAL CHANGE, AND THE CIVIL RIGHTS MOVEMENT Michael J. Klarman [FNa1... 1994
Jacquin D. Bierman, J.D., and Steven L. Severin, LL.M., CPA Compensatory Racial Reapportionment 80 Journal of Taxation 246 (April, 1994) Compensatory damages, including back pay, are excludable from gross income as damages for personal injury under Section 104(a)(2) when received in satisfaction of a claim of either (1) racial discrimination under 42 U.S.C. Section 1981 and Title VII of the Civil Rights Act of 1964, or (2) disparate treatment sex discrimination (i.e., regarding; Search Snippet: ...Copyright 1994 Warren Gorham Lamont COMPENSATORY DAMAGES FOR SEX OR RACIAL DISCRIMINATION ARE GENERALLY EXCLUDABLE. (REV. RUL) Compensatory damages, including back... 1994
Christopher J. Soller Constitutional Law--fifth Amendment--fourteenth Amendment--equal Protection--standard of Review--Racial Classifications 32 Duquesne Law Review 865 (Summer 1994) #NAME? 1994
Kathleen Daly Criminal Procedure and the Racial Profiling Issue for Professor Gates and Sergeant Crowley 51 Washington and Lee Law Review 431 (Spring, 1994) For close to a decade I have been engaged in research on the ways that gender and race structure the sentencing process in the New Haven felony court. In the early phase of the research, I was particularly interested in how gender structured the court's response to those accused. In time, that question evolved to one that asked how the court's; Search Snippet: ...and Criminal Justice CRIMINAL LAW AND JUSTICE SYSTEM PRACTICES AS RACIST, WHITE, AND RACIALIZED Kathleen Daly [FNa1] Copyright (c) 1994 by... 1994
Jeffrey G. Hamilton Defendants May Ask Jury Panel about Racial Bias, Maryland Court Says 43 Emory Law Journal 1519 (Fall 1994) I. Introduction. 1520 II. The History of Racial and Political Gerrymandering and the Supreme Court. 1521 A.Political Gerrymandering and the Supreme Court. 1521 B.Racial Gerrymandering and the Supreme Court. 1525 III. The Turning Point for the Supreme Court: Davis and Shaw. 1531 A.Davis v. Bandemer. 1531 B.Shaw v. Reno. 1535 IV. Racial and Political; Search Snippet: ...Law Journal Fall 1994 Comment DEEPER INTO THE POLITICAL THICKET: RACIAL AND POLITICAL GERRYMANDERING AND THE SUPREME COURT Jeffrey G. Hamilton... 1994
Bryan A. Stevenson , Ruth E. Friedman Demanding Diversity 51 Washington and Lee Law Review 509 (Spring, 1994) On April 22, 1987, a majority of the United States Supreme Court announced a startling and deeply disturbing opinion about race and the administration of criminal justice in the United States. Presented with overwhelming statistical evidence of racial bias in Georgia's use of the death penalty, the Court ruled in McCleskey v. Kemp that race-based; Search Snippet: ...Race and Criminal Justice Essay DELIBERATE INDIFFERENCE: JUDICIAL TOLERANCE OF RACIAL BIAS IN CRIMINAL JUSTICE Bryan A. Stevenson [FNa1] Ruth E... 1994
Claudius H. Pritchard, V Election Law--voting Rights Act--fourth Circuit Strikes down Provisions of Election Law Enacted with Racially Discriminatory Intent.--north Carolina State Conference of the Naacp V. Mccrory, 831 F.3d 204 (4th Cir. 2016) 23 Stetson Law Review 554 (Spring, 1994) At-large elections for county commissioners, which dilute voting power of minority voting blocs, violate section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973. Id. at 1488. Courts will grant relief to claimants who establish the existence of racially polarized voting and successfully meet the three-prong test advanced in Thornburg v; Search Snippet: ...for County Commissioners Unlawful where Plaintiffs Establish the Existence of Racially-Polarized Voting and Satisfy the Gingles Test Meek v. Metropolitan... 1994
David Aaron DeSoto Engaging Racial and Ethnic Groups in the Regulation of Research: Lessons from Research in Emergency Settings 1 Hispanic Law Journal 77 (1994) C1-4TABLE OF CONTENTS L1-4 I. L2-3,T3Introduction 77. L1-4 II. L2-3,T3The European-based Education System and its Discontents 78. L1-4 III. L2-3,T3The Minority Society's Social See-saw: The Current Movement (Forwards and Backwards) Toward an Equal Education 81. A. Immersion and Segregation. 82 B. Multiculturalism and the End of Empire. 84 L1-4 IV; Search Snippet: ...Law Journal 1994 Note ENDING THE CONQUEST WON THROUGH INSTITUTIONALIZED RACISM IN OUR SCHOOLS: MULTICULTURAL CURRICULA AND THE RIGHT TO AN... 1994
Patrick C. Mcginley Environmental Injustice/Racism in Flint, Michigan: an Analysis of the Bodily Integrity Claim in Mays V. Snyder as Compared to Other Environmental Justice Cases 96 West Virginia Law Review 1017 (Summer 1994) Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. --Dr. Martin Luther King, Jr. When we try to pick out anything by itself, we find it hitched to everything else in the universe. --John Muir After; Search Snippet: ...Review Summer 1994 Essays on Environmental Justice ENVIRONMENTAL INJUSTICE AND RACISM: MAKING THE CONNECTION IN CLASSROOMS AND COURTROOMS Patrick C. Mcginley... 1994
Marc R. Poirier Environmental Justice: Racial Gerrymandering for Environmental Siting Decisions 96 West Virginia Law Review 1083 (Summer 1994) I. Introduction. 1083 II. The Historical Question. 1084 III. The Contemporary Question. 1096 IV. The Political Question. 1100 V. Conclusion. 1106; Search Snippet: ...Law Review Summer 1994 Essay on Environmental Justice ENVIRONMENTAL JUSTICE/ RACISM/EQUITY: CAN WE TALK? Marc R. Poirier [FNa] Copyright ©... 1994
Robert D. Bullard Environmental Racism Claims Brought under Title Vi of the Civil Rights Act 96 West Virginia Law Review 1037 (Summer 1994) It is a new experience speaking to lawyers about environmental justice, environmental racism, and the impact on unequal protection. Environmental racism did not fall out of the sky in 1990. It has been around from the very beginning. First, I would like to give a working definition of environmental racism. Environmental racism refers to any policy,; Search Snippet: ...Virginia Law Review Summer 1994 Essays on Environmental Justice ENVIRONMENTAL RACISM AND INVISIBLE' COMMUNITIES Dr. Robert D. Bullard [FNa] Copyright ©... 1994
James T. O'Reilly Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & the U.n.'s Role 11 Yale Journal on Regulation 43 (Winter, 1994) In the last two decades, manufacturers have moved away from the inner city, taking valuable job opportunities and leaving behind environmentally hazardous sites. These sites are expensive to clean up when abandoned, and the lenders may be held liable as a last resort. This situation has created a large disincentive for remediating these sites,; Search Snippet: ...JOURNAL ON REGULATION Yale Journal on Regulation Winter, 1994 ENVIRONMENTAL RACISM, SITE CLEANUP AND INNER-CITY JOBS: INDIANA'S URBAN IN-FILL... 1994
Donna Gareis-Smith Environmental Racism: the Pibby Principle 13 Temple Environmental Law and Technology Journal 57 (Spring 1994) Environmental race discrimination, also referred to as environmental racism, is the disproportionate imposition of environmental hazards on minorities. This perceived problem has been a growing concern for grassroots community, environmental and church groups for almost two decades under the banner of environmental justice. The environmental; Search Snippet: ...Temple Environmental Law and Technology Journal Spring 1994 Comment ENVIRONMENTAL RACISM: THE FAILURE OF EQUAL PROTECTION TO PROVIDE A JUDICIAL REMEDY... 1994
Dennis D. Dorin Farm Workers and the Fair Labor Standards Act: Racial Discrimination in the New Deal 45 Mercer Law Review 1035 (Spring, 1994) Are you scared? Of what? How about the gas chamber? Naw, Jake, that's why I got you. I don't plan to go to no gas chamber. I saw you get Lester off, now just get me off. You can do it, Jake. It's not quite that easy, Carl Lee. Say what? You just don't shoot a person, or persons, in cold blood, and then tell the jury they needed; Search Snippet: ...Powers of the Federal Courts FAR RIGHT OF THE MAINSTREAM: RACISM, RIGHTS, AND REMEDIES FROM THE PERSPECTIVE OF JUSTICE ANTONIN SCALIA'S... 1994
Daniel L. Skoler Fighting Racism in the Twenty-first Century 21-WTR Human Rights 18 (Winter, 1994) The release of two blockbuster studies challenged traditional notions of bias-free delivery of justice at the Social Security Administration's Office of Hearings and Appeals (OHA) and led the agency to examine the sensitive subjects of how administrative law judges respond to race, ethnicity, and gender as they render decisions on social security... 1994
Donna M. Gitter Friday Night 'Lite': How De-Racialization in the Motion Picture Friday Night Lights Disserves the Movement to Eradicate Racial Discrimination from American Sport 15 Comparative Labor Law Journal 488 (Summer, 1994) Le dæesir du privilege et le goCut de l'æegalitæe sont les deux passions dominantes des Fran(cais. -- Charles de Gaulle The desire for privilege and the taste for equality are the two dominant passions among the French. -- Charles de Gaulle The notion of equality amongst all individuals undergirds political and legal theory in both France and the; Search Snippet: ...Comparative Labor Law Journal Summer, 1994 Comment FRENCH CRIMINALIZATION OF RACIAL EMPLOYMENT DISCRIMINATION COMPARED TO THE IMPOSITION OF CIVIL PENALTIES IN... 1994
Laura A. Donner Gender Diversity on Corporate Boards: How Racial Politics Impedes Progress in the United States 24 California Western International Law Journal 241 (Spring 1994) The United Nations Charter contains general prohibitions against discrimination on the basis of both sex and race, with a directive for equality of all people. Although the Charter does not distinguish between sex and race, the international community has accorded these classifications different priorities. Racial discrimination has long been... 1994
Alan E. Brownstein Hate Speech and the Language of Racism in Latin America: a Lens for Reconsidering Global Hate Speech Restrictions and Legislation Models 3 William & Mary Bill of Rights Journal 179 (Summer, 1994) Determining the constitutionality of campus regulations that restrict the expression of hate speech is a particularly difficult undertaking because the form and content of what may be reasonably regarded as hate speech, and the circumstances in which hate speech may occur, vary significantly. Yet all of these conditions must be defined with some; Search Snippet: ...SPEECH AND HARASSMENT: THE CONSTITUTIONALITY OF CAMPUS CODES THAT PROHIBIT RACIAL INSULTS Alan E. Brownstein [FNa1] Copyright (c) 1994 by the... 1994
Eric Neisser Hate Speech in the New South Africa: Constitutional Considerations for a Land Recovering from Decades of Racial Repression and Violence 5 Seton Hall Constitutional Law Journal 103 (Fall, 1994) This Article touches on a most difficult and sensitive topic racially-biased invective or hate speech. The subject is controversial in any setting because of the perceived conflict between two fundamental, democratic values achieving racial equality and preserving freedom of expression. My own effort is complicated by the fact that I am a white... 1994
Eric Neisser Hate Thy Neighbor: Violent Racial Exclusion and the Persistence of Segregation 3 Journal of International Law and Practice 335 (1994) This essay touches on a most difficult and sensitive topic racially-biased invective or hate speech. The subject is controversial in any setting because it is often seen as reflecting a conflict between two fundamental values-insuring racial equality and maintaining freedom of expression. But my effort is complicated by the fact that I am a white... 1994
Michael Ross Is There a Current Incarceration Crisis in the Black Community? An Analysis of the Link Between Confinement, Capital, and Racism in the United States 21-SUM Human Rights 32 (Summer, 1994) [The] evidence shows that there is a better than even chance in Georgia that race will influence the decision to impose the death penalty: a majority of defendants in white-victim crimes would not have been sentenced to die if their victims had been black. Surprisingly, those words were written by former U.S. Supreme Court Justice William Brennan; Search Snippet: ...HUMAN RIGHTS Human Rights Summer, 1994 IS THE DEATH PENALTY RACIST? Michael Ross [FNa1] Copyright (c) 1994 by the American Bar... 1994
Stephanie Domitrovich Just a Little Bit of History Repeating: the California Model of Marijuana Legalization and How it Might Affect Racial and Ethnic Minorities 33 Duquesne Law Review 39 (Fall 1994) Jurors read, analyze and interpret trial evidence and testimony through the language of their life experiences, knowledge and perception of cases. Jurors hear and see various versions of stories in the courtroom from witnesses, litigants and lawyers. These jurors, while maintaining their individuality, together engage in the language of the; Search Snippet: ...1994 JURY SOURCE LISTS AND THE COMMUNITY'S NEED TO ACHIEVE RACIAL BALANCE ON THE JURY Stephanie Domitrovich [FNa1] Copyright (c) 1994... 1994
Charles J. Ogletree Just Schools: the Idea of Racial Equality in American Education. By David L. Kirp. Berkeley: University of California Press. 1982. Pp. Xiii, 374. $19.95. 31 American Criminal Law Review 1099 (Summer, 1994) Frederick Douglass was a remarkable person who overcame the vestiges of slavery to become one of the most articulate and influential spokespersons in African-American history. In the early 19th century, Frederick Douglass poetically criticized the plight of African-Americans in the criminal justice system. Douglass lamented, [j]ustice is often; Search Snippet: ...Summer, 1994 Symposium JUST SAY NO!: A PROPOSAL TO ELIMINATE RACIALLY DISCRIMINATORY USES OF PEREMPTORY CHALLENGES Professor Charles J. Ogletree [FNa1... 1994
Penda D. Hair Justice for All: the Sixth Amendment Mandates Purging All Racial Prejudice from the Black Box 104 Yale Law Journal 7 (October, 1994) Justice Blackmun is so well known for his pioneering work in support of a woman's right to choose an abortion that his other monumental contributions to the law seem to get lost. The struggle for racial justice is one area where Justice Blackmun's decisions have made a crucial, lasting impact. Justice Blackmun has written more than thirty opinions; Search Snippet: ...JOURNAL Yale Law Journal October, 1994 Tribute JUSTICE BLACKMUN AND RACIAL JUSTICE Penda D. Hair [FNd1] Copyright (c) 1994 by The... 1994
Sean M. Scott Justice Thomas, Brown, and Post-Racial Determinism 62 UMKC Law Review 651 (Summer, 1994) On October 27, 1994, the 4th U.S. Circuit Court of Appeals ruled that it is unlawful for a university to maintain a separate scholarship program for African-American students. One of the defendants, William Kirwan, president of the University of Maryland, plans to appeal. Podberesky v. Kirwan, No. 93-2527, 1994 WL 587092 (4th Cir; Search Snippet: ...1994 JUSTICE REDEFINED: MINORITY-TARGETED SCHOLARSHIPS AND THE STRUGGLE AGAINST RACIAL OPPRESSION Sean M. Scott [FNa1] Copyright (c) 1994 by the... 1994
L. Anita Richardson Misuse of the Law School Admissions Test, Racial Discrimination, and the De Facto Quota System for Restricting African-american Access to the Legal Profession 1994-95 Preview of United States Supreme Court Cases 165 (December 22, 1994) For more than 15 years, a federal district judge has presided over the desegregation of the Kansas City, Missouri, public schools. During this time, the judge has ordered Missouri and the local district to improve facilities, implement specific programs, and increase salaries. The State has paid a substantial portion of the cost of these mandates; Search Snippet: ...When Can It Be Said that the Ills of Past Racial Segregation Have Been Cured? by L. Anita Richardson a Copyright 1994... 1994
Mariæa Ramirez Fisher On Thin Ice: Cracking down on the Racial Profiling of Immigrants and Implementing a Compassionate Enforcement Policy 5 Villanova Environmental Law Journal 449 (1994) We're not saying to take the incinerators and the toxic-waste dumps out of our communities and put them in white communities -- we're saying they should not be in anybody's community. . . . You can't get justice by doing an injustice on somebody else. When you have lived through suffering and hardship, you want to remove them, not only from your... 1994
Florence T. Robinson Partnering to Overcome Racism on the Road to Economic Empowerment 96 West Virginia Law Review 441 (Winter, 1993-1994) The small community of Alsen provides an excellent example of how environmental racism can affect an area. However, before I discuss Alsen and its many problems, I feel it is important to first, briefly explain what environmental racism means to me, and second, distinguish environmental racism from environmental injustice. Environmental racism is a... 1994
Jonathan K. Stubbs Peremptory Challenge by Blind Questionnaire: the Most Practical Solution for Ending the Problem of Racial and Gender Discrimination in Kansas Courts While Preserving the Necessary Function of the Peremptory Challenge 45 Mercer Law Review 773 (Winter, 1994) A moment of critical reflection seems appropriate. We are nearly half way through the last decade of the last century of this millenium. The Cold War has abated (at least temporarily) and the United States remains a world leader in human rights protections. Eastern European countries and the former Soviet Republics are taking fledgling steps toward; Search Snippet: ...LAW REVIEW Mercer Law Review Winter, 1994 PERCEPTUAL PRISMS AND RACIAL REALISM: THE GOOD NEWS ABOUT A BAD SITUATION Jonathan K... 1994
Daniel W. Van Ness Preserving a Racial Hierarchy: a Legal Analysis of the Disparate Racial Impact of Legacy Preferences in University Admissions 28 John Marshall Law Review Rev. 1 (Fall 1994) What is the role of the jury in a criminal trial? Does it protect the individual defendant from arbitrary action by the sovereign? Does it add lay experience and insight to a formalistic and technical legal process? Or does it assert and protect the interests of the general community in a legal dispute in which the official parties are the... 1994
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