| Author | Title | Citation | Summary | Year |
| Kendra Meinert |
Criminal Law -- Fourth Amendment -- Ninth Circuit Considers Community's Racial Tension with Police in Finding Illegal Seizure and Lack of Voluntary Consent. -- United States V. Washington, 490 F.3d 765 (9th Cir. 2007). |
22 Southwestern University Law Review 1177 (1993) |
If a black man kill a white man, that be first degree murder; if a white man kill a white man, that be second degree murder; if a black man kill a black man, that be manslaughter; but if a white man kill a black man, that be excusable homicideunless a woman was involved, in which case the black man died of apoplexy. I. Introduction A. Recent; Search Snippet: ...REVIEW Southwestern University Law Review 1993 Comment CRIMINAL INJUSTICE: CONTINUING RACIAL INEQUITIES IN DEATH PENALTY SENTENCING Kendra Meinert Copyright (c) 1993... |
1993 |
| D. Marvin Jones |
Data-driven Discrimination: a Case for Equal Protection in the Racially Disparate Impact of Big Data |
82 Georgetown Law Journal 437 (December, 1993) |
Then it dawned upon me with a certain suddenness that I was different from the others; or like, mayhap, in heart and life and longing, but shut out from their world by a vast veil. . . . The shades of the prison-house closed round us all: walls strait and stubborn to the whitest, but relentlessly narrow, tall and unscalable to sons of night who... |
1993 |
| Adam Swartz |
Environmental Injustice and Racism: Making the Connection in Classrooms and Courtrooms |
2 Howard Scroll: The Social Justice Review 35 (Summer, 1993) |
Environmental justice advocates are not saying, Take the poisons out of our community and put them in a white community. They are saying that no community should have to live with these poisons. They have thus taken the moral high road and are building a multiracial and inclusive movement that has the potential of transforming the political; Search Snippet: ...1993 ENVIRONMENT JUSTICE: A SURVEY OF THE AILMENTS OF ENVIRONMENTAL RACISM Adam Swartz Copyright (c) 1994 by the Howard Scroll: The... |
1993 |
| Carolyn M. Mitchell |
Environmental Racism: Recognition, Litigation, and Alleviation |
12 National Black Law Journal 176 (Winter, 1993) |
People of color continue to struggle against racial discrimination in education, housing, and employment. Recently, the fight against racism has reached the environmental arena. More grass-roots organizations are developing in racially integrated, poorer, and less politically influential communities to prevent waste-treatment facilities, hazardous; Search Snippet: ...BLACK LAW JOURNAL National Black Law Journal Winter, 1993 ENVIRONMENTAL RACISM: RACE AS A PRIMARY FACTOR IN THE SELECTION OF HAZARDOUS... |
1993 |
| Pamela Duncan |
Environmental Racism: the Failure of Equal Protection to Provide a Judicial Remedy and the Potential of Title Vi of the 1964 Civil Rights Act |
6 Tulane Environmental Law Journal 317 (Summer, 1993) |
I. INTRODUCTION. 318 II. DEFINING THE PROBLEM. 322 A. What is Environmental Racism?. 322 B. Growing Statistical Evidence. 325 1. Effective Studies of Environmental Discrimination. 325 2. The GAO Study. 327 3. Toxic Wastes and Race in the United States. 329 4. The Causes of Environmental Racism. 333 III. LEGAL TREATMENT OF THE PROBLEM. 338 A; Search Snippet: ...ENVIRONMENTAL LAW JOURNAL Tulane Environmental Law Journal Summer, 1993 ENVIRONMENTAL RACISM: RECOGNITION, LITIGATION, AND ALLEVIATION Pamela Duncan [FNa] Copyright (c) 1993... |
1993 |
| Stephanie Goodman |
Fair Housing Act--disparate Impact and Racial Equality--texas Department of Housing & Community Affairs V. Inclusive Communities Project, Inc. |
28 Harvard Civil Rights-Civil Liberties Law Review 244 (Winter, 1993) |
So we stand here On the edge of hell In Harlem And look out on the world And wonder What we're gonna do In the face of What we remember. Langston Hughes (p. 15) History often holds the answers to many modern-day problems and concerns, either because awareness of what has come before can help us to prevent repetition of past mistakes, or; Search Snippet: ...FACES AT THE BOTTOM OF THE WELL: THE PERMANENCE OF RACISM. DERRICK A. BELL, JR. NEW YORK: BASIC BOOKS, 1992, Pp... |
1993 |
| Thomas W. Simon |
Fighting the Scourge of Racial Injustice |
26 Indiana Law Review 411 (1993) |
A white male student shouts to a black woman student, My parents own you people. Fliers are distributed declaring open season on blacks in which blacks are referred to as saucer lips, porch monkeys, and jigaboos. White students spit on and taunt Asian-American students. A letter is addressed to a black student dormitory that discusses; Search Snippet: ...153127 INDIANA LAW REVIEW Indiana Law Review 1993 Comment FIGHTING RACISM: HATE SPEECH DETOURS [FNa1] Thomas W. Simon [FNaa1] Copyright ©... |
1993 |
| Stephanie B. Goldberg |
First Amendment--free Speech--first Amendment Prohibits Hate Crime Laws That Punish Only Fighting Words Based on Racial, Religious or Gender Animus--r.a.v. V. City of St. Paul, 112 S. Ct. 2538 (1992). |
79-AUG ABA Journal 88 (August, 1993) |
The Fourth Circuit recently held that an offensive depiction of black women in a fraternity party skit is protected by the First Amendment and therefore not grounds for discipline by university authorities. The suit was brought by Sigma Chi against George Mason University in Arlington, Va., to lift sanctions the school had placed in 1991 on the... |
1993 |
| Thomas S. McGuire |
First Amendment-free Speech-municipal Noise Ordinance Imposing Mandatory Adherence to Sound Amplification Guidelines Constitutes a Valid Time, Place, or Manner Restriction on Protected Speech-ward V. Rock Against Racism, 491 U.s. 781 (1989) |
23 Seton Hall Law Review 1067 (1993) |
Responding to a significant increase in reported crimes motivated by racism and other bias, many legislatures and public universities have enacted anti-hate laws and speech codes proscribing bias-motivated violence and intimidation. Many of these enactments raise serious First Amendment concerns because they attempt to regulate speech and; Search Snippet: ...HATE CRIME LAWS THAT PUNISH ONLY FIGHTING WORDS BASED ON RACIAL, RELIGIOUS OR GENDER ANIMUS-- R.A.V. v. CITY OF ST. PAUL... |
1993 |
| Tara A. Dunican |
Fourteenth Amendment -- Peremptory Challenges -- the Equal Protection Clause of the Fourteenth Amendment Prohibits a Criminal Defendant's Exercise of Racially Discriminatory Peremptory Challenges -- Georgia V. Mccollum, 112 S. Ct. 2348 (1992). |
4 Seton Hall Constitutional Law Journal 323 (Winter, 1993) |
The Fourteenth Amendment to the United States Constitution provides in part that [n]o State shall . . . deny to any person within its jurisdiction the equal protection of the laws. The essential purpose of this Equal Protection Clause is to prevent the States from intentionally discriminating between individuals on the basis of race. Voting... |
1993 |
| Salvatore Picariello |
Fourteenth Amendment, Section One - Equal Protection Clause - Prosecution's Explanation for Exercising Peremptory Challenge Need Only Be Race-neutral, Not Persuasive or Plausible, Where Intentional Racial Discrimination Is Alleged - Purkett V. Elem, 115 S |
23 Seton Hall Law Review 1160 (1993) |
The United States Constitution prevents a state from denying equal protection of the laws to any person within that state's jurisdiction. More than a century ago, the Supreme Court declared that a state statute, which prevented black citizens from serving on a jury, violated this constitutional guarantee. Despite this and other efforts, potential... |
1993 |
| |
Gender Bias in Drafting International Discrimination Conventions: the 1979 Women's Convention Compared with the 1965 Racial Convention |
77 Judicature 64 (September-October 1993) |
A decade of state, and more recently, federal court study commissions have shown the value of analyzing the presence and impact of gender and racial bias on a system-by-system basis and have revealed the need for an active response. The mission of the nation's courts is concisely expressed on the facade of the U.S. Supreme Court building: equal; Search Snippet: ...WL 463527 JUDICATURE Judicature September-October 1993 Editorial GENDER AND RACIAL FAIRNESS IN THE COURTS Copyright 1993 by the American Judicature... |
1993 |
| Stephen Reinhardt |
Guest Chair's Column: Dying to Belong: Racism as a Public Health Issue |
91 Michigan Law Review 1175 (May, 1993) |
The thesis of Derrick Bell's new book is chilling: racism in this country is permanent; it is intractable. We are, as Professor Bell sees it, a society of former slaveholders and former slaves; and never the twain shall meet. His message is one of despair, yet of strength: a country with a black minority (the faces at the bottom of the well)... |
1993 |
| Michael P. Kennedy |
In the Interest of Racial Harmony: Revisiting the Lawyer's Duty to Work for the Common Good |
3 George Mason University Civil Rights Law Journal 299 (Spring, 1993) |
Foster care in the United States remains a key element of social policy as society attempts to deal with the pressures produced by the continuing breakdown of the family. In 1962, the proportion of children in foster care in the United States was 3.9 per 1,000. And while the number has fluctuated over the years, the trend in the last several years; Search Snippet: ...Comment IN THE BEST INTEREST OF THE CHILD: RELIGIOUS AND RACIAL MATCHING IN FOSTER CARE [FNa] Michael P. Kennedy Copyright ©... |
1993 |
| Baker, Summer Intern, Faculty, The Judge Advocate General's School |
Incarceration by Category: Racial Designations and the Black Borders of Indianness |
1993-SEP Army Lawyer 33 (September, 1993) |
In United States v. Greene, the COMA made clear that it will strictly enforce the prohibition against racially motivated peremptory challenges of court martial members. In Greene, trial counsel challenged a black member in the rape and sodomy trial of a black defendant because that member grew up in Panama. Trial counsel assumed that the member; Search Snippet: ...STATES v. GREENE, THE COMA DRAWS A FIRM LINE ON RACIALLY DISCRIMINATORY PEREMPTORY CHALLENGES Mr. Baker Summer Intern, Faculty, The Judge... |
1993 |
| Edward Patrick Boyle |
It's the Thought That Counts: the Intent Requirement in Environmental Racism Claims |
46 Vanderbilt Law Review 937 (May, 1993) |
I. Introduction. 938 II. The Psychology of Racism. 940 A. The Dynamics of Individual Racism: Dominative and Aversive Types. 942 B. The Dynamics of Institutional Racism. 945 C. The Historical Progression From Dominative to Aversive Racism. 947 III. Equal Protection. 950 A. Two Models of Equal Protection Analysis. 952 B. Judicial Interpretation of; Search Snippet: ...1993 Note IT'S NOT EASY BEIN' GREEN: THE PSYCHOLOGY OF RACISM, ENVIRONMENTAL DISCRIMINATION, AND THE ARGUMENT FOR MODERNIZING EQUAL PROTECTION ANALYSIS... |
1993 |
| Leslie Ann Coleman |
Ivon Stanley and James Adams' America: Vectors of Racism in Capital Punishment |
25 Saint Mary's Law Journal 447 (1993) |
I. Introduction. 448 II. Background. 450 A. History of Racial Inequality in America: A Legal Legacy of Segregation. 450 B. Discrimination in the Environmental Arena. 455 III. Development of a Legal Approach to Environmental Racism. 458 A. Establishing the Requirements of an Equal Protection Violation: Disparate Impact and Intent. 458 B; Search Snippet: ...IT'S THE THOUGHT THAT COUNTS: THE INTENT REQUIREMENT IN ENVIRONMENTAL RACISM CLAIMS Leslie Ann Coleman Copyright (c) 1993 by the St... |
1993 |
| William G. Ortner |
Jim Crow on the "Down Low": Subtle Racial Appeals in Presidential Campaigns |
73 Boston University Law Review 897 (November, 1993) |
In the last decade, legal journals have published a deluge of articles about racist speech. Professor Mari J. Matsuda wrote one of the most prominent of these articles, in which she advocated formal criminal and administrative sanctions in response to racist speech. Because Matsuda's proposal typifies an approach that some jurisdictions have; Search Snippet: ...AND THE CROWN HEIGHTS RIOTS: APPLYING MUTSUDA'S PROPOSAL TO RESTRICT RACIST SPEECH William G. Ortner Copyright (c) 1993 by the Trustees... |
1993 |
| Victor Gold |
Juror Testimony of Racial Bias in Jury Deliberations: United States V. Benally and the Obstacle of Federal Rule of Evidence 606(b) |
9 Saint John's Journal of Legal Commentary 125 (Fall 1993) |
Recent trials involving racial incidents have made it increasingly difficult to distinguish between those judicial proceedings and the conflict being waged on the streets. Verdicts, sentences, and even seemingly innocuous procedural nuances have inflamed passions, occasionally resulting in destructive civil unrest. Actions by the trial courts in; Search Snippet: ...COMPETENCY TO TESTIFY THAT A VERDICT WAS THE PRODUCT OF RACIAL BIAS Victor Gold [FNa] Copyright (c) 1993 St. John's University... |
1993 |
| Michael A. G. Korengold |
Let Justice Be Done: Equally, Fairly, and Impartially |
77 Minnesota Law Review 719 (February, 1993) |
Dese boys be sayin' that we be comin' here to Dartmut an' not takin' the classics. You know, Homa. The Dartmouth Review For the white man to ask the black man if he hates him is just like the rapist asking the raped, or the wolf asking the sheep, Do you hate me? Our enemy is the white man! Oh, yes, that devil is our enemy. Malcolm X Racist; Search Snippet: ...REVIEW Minnesota Law Review February, 1993 Note LESSONS IN CONFRONTING RACIST SPEECH: GOOD INTENTIONS, BAD RESULTS, AND ARTICLE 4(A) OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION Michael A. G. Korengold Copyright (c) 1993 by the... |
1993 |
| James W. Loewen |
Lgbt Equality and Sexual Racism |
13 Chicano-Latino Law Review 38 (Summer 1993) |
In the spring and early summer of 1991, New York City redrew its City Council district lines in response to a revised charter increasing the number of City Council seats from 35 to 51. In 1992, New York State redrew the lines for its State Assembly, State Senate, and U.S. Congressional districts, in response to the 1990 Census. Before 1991, Latinos; Search Snippet: ...Latino Law Review Summer 1993 LEVELS OF POLITICAL MOBILIZATION AND RACIAL BLOC VOTING AMONG LATINOS, ANGLOS, AND AFRICAN AMERICANS IN NEW... |
1993 |
| M.A. Widder |
New Frameworks for Racial Equality in the Criminal Law |
67 Tulane Law Review 2311 (June, 1993) |
I. Introduction. 2311 II. The Supreme Court and The Racist Jury. 2313 III. Batson and the Impartial Jury. 2321 IV. A Modest Proposal. 2331; Search Snippet: ...Justice, and Race Student Commentary NEUTRALIZING THE POISON OF JUROR RACISM: THE NEED FOR A SIXTH AMENDMENT APPROACH TO JURY SELECTION... |
1993 |
| Neil G. Williams |
Officer or Overseer?: Why Police Desegregation Fails as an Adequate Solution to Racist, Oppressive, and Violent Policing in Black Communities |
62 George Washington Law Review 183 (January, 1993) |
Many years ago, W.E.B. Du Bois correctly predicted that the color line would be the principal problem this nation would confront in the twentieth century. As we approach a new century, there remains no concern more vital to the survival of American society than deep-rooted, seemingly intractable issues of race. The common law of contracts, one of; Search Snippet: ...IMPROPER CONSIDERATIONS: A COMMON-LAW MODEL FOR THE PROHIBITION OF RACIAL DISCRIMINATION IN THE CONTRACTING PROCESS Neil G. Williams [FNa1] Copyright... |
1993 |
| Tina Anne Syring |
Over-disciplining Students, Racial Bias, and the School-to-prison Pipeline |
14 Hamline Journal of Public Law and Policy 97 (Fall, 1993) |
Restrictive codes . may be expedient, even grounded in conviction, but the university cannot submit the two cherished ideals of freedom and equality to the legal system and expect both to return intact. At Emory University a black freshman found her dormitory room vandalized when she discovered her teddy bear slashed, her clothes soaked with; Search Snippet: ...Policy Fall, 1993 Current Public Law and Policy Issues OVERCOMING RACISM ON COLLEGE CAMPUSES BY RESTRICTING SPEECH: IS THIS EFFECTIVE? Tina... |
1993 |
| Vednita Nelson |
Protection of Civil Rights: a Constitutional Mandate for the Federal Government |
1 Michigan Journal of Gender & Law 81 (1993) |
Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper; Search Snippet: ...1993 Symposium Issue Prostitution: From Academia to Activism PROSTITUTION: WHERE RACISM & SEXISM INTERSECT [FNd1] Vednita Nelson [FNa1] Copyright (c) 1994 by... |
1993 |
| Stephen Eisdorfer |
Pursuing Environmental Justice: Obstacles and Opportunities--lessons from the Field |
24 Seton Hall Law Review 937 (1993) |
The history of public education in America has been, almost from the beginning, the history of efforts to reform public education. This is both understandable and appropriate. Public education is the means through which we shape the American polity for the next generation. Debates about public education are debates about what the America of the... |
1993 |
| Michael H. Cardozo |
Racial Discrimination in Medicine Versus Race-based Medicine: the Ethical, Legal and Policy Implications on Health Disparities |
43 Journal of Legal Education 79 (March, 1993) |
The long road to the holding that racial discrimination in education is unconstitutional came to a dramatic end in 1954 with the decision of the U.S. Supreme Court in Brown v. Board of Education. Starting four years before that decision, law teachers in the member schools of the AALS had engaged in a protracted, agonizing debate on that very... |
1993 |
| Samuel L. Myers, Jr. |
Racial Disparities in Subprime Home Mortgage Lending in New York City: Meaning and Implications |
64 University of Colorado Law Review 781 (1993) |
I. Introduction Of the many functions of punishment in a demoncratic society, consider two extremes: punishment as a means of controlling crime, and punishment as a means of just deserts. The former is concerned with altering the behavior of individual criminals so as to achieve the desired social end of lower levels of criminal activity. As such,; Search Snippet: ...Review 1993 A Symposium on Sentencing Reform in the States RACIAL DISPARITIES IN SENTENCING: CAN SENTENCING REFORMS REDUCE DISCRIMINATION IN PUNISHMENT... |
1993 |
| Alfred Blumstein |
Racial Distinctions in Medicine |
64 University of Colorado Law Review 743 (1993) |
Introduction Over the past two decades, the growth in prison populations in the United States has been astonishing. The trend in prison populations over the fifty year period from the mid-1920s to the mid-1970s (shown in Figure 1) had been impressively stable. The nation's incarceration rate averaged about 110 per 100,000 population, with a; Search Snippet: ...Review 1993 A Symposium on Sentencing Reform in the States RACIAL DISPROPORTIONALITY OF U.S. PRISON POPULATIONS REVISITED Alfred Blumstein [FNa1] Copyright... |
1993 |
| Sheri Lynn Johnson |
Racial Images of the "Criminal": a Cognitive Disorder |
67 Tulane Law Review 1739 (June, 1993) |
I. The Prevalence and Perniciousness of Racial Imagery in Criminal Cases. 1743 A. The Source and Setting of Racial Imagery. 1743 1. Pretrial Publicity. 1744 2. Before the Evidence-Voir Dire and Opening Statements. 1745 3. Testimony. 1746 4. Closing Arguments and Jury Instructions. 1748 5. Deliberations. 1749 B. Specific Stereotypes and Fears. 1750; Search Snippet: ...Review June, 1993 Symposium: Criminal Law, Criminal Justice, and Race RACIAL IMAGERY IN CRIMINAL CASES Sheri Lynn Johnson [FNa] Copyright ©... |
1993 |
| Nancy J. King |
Racial Justice and Equity for African-american Males in the American Educational System: a Dream Forever Deferred |
68 New York University Law Review 707 (October, 1993) |
Racial and ethnic minorities continue to be substantially underrepresented on criminal juries. At all stages of jury selectionvenue choice, source list development, qualified list development, and jury panel and foreperson selectiontraditional methods of selection exclude a disproportionate number of minorities. In response, a growing number of; Search Snippet: ...UNIVERSITY LAW REVIEW New York University Law Review October, 1993 RACIAL JURYMANDERING [FNa1] : CANCER OR CURE? A CONTEMPORARY REVIEW OF AFFIRMATIVE... |
1993 |
| Jane Patterson Auld |
Racial Migrations |
27 Family Law Quarterly 447 (Fall, 1993) |
Byron, an African-American boy, was born in a Pittsburgh, Pennsylvania hospital, weighing five pounds, exposed to crack cocaine and heroin. Six days after his birth, Byron was placed with a foster family. Over the next five months, Byron gained fifteen pounds and prospered emotionally in the family's care. The foster family grew to love Byron and; Search Snippet: ...Fall, 1993 Special Symposium Issue on the Rights of Children RACIAL MATCHING vs. TRANSRACIAL ADOPTION: PROPOSING A COMPROMISE IN THE BEST... |
1993 |
| |
Racial Voice Identification: Judicially Condoning the Bogus Science of 'Hearing Color' |
106 Harvard Law Review 1926 (June, 1993) |
Violence is always an outgrowth of milder states of mind. - Gordon Allport, The Nature of Prejudice Although comprehensive national statistics are unavailable, government commissions and Asian American communities agree that Asian Americans are frequently victimized by violent crime. In analyzing these crimes, this Note examines the catalytic role... |
1993 |
| Dorothy E. Roberts |
Racism and Race Relations in the University |
1 American University Journal of Gender & the Law 1 (Spring, 1993) |
It is now commonplace for feminist scholars to acknowledge the differences among women. This is a critical observation that is transforming feminist thought. The racial critique of gender essentialism in feminist theory has inspired the ongoing reconstruction of a feminist jurisprudence that includes the historical, economic, and social diversity; Search Snippet: ...LAW American University Journal of Gender & the Law Spring, 1993 RACISM AND PATRIARCHY IN THE MEANING OF MOTHERHOOD Dorothy E. Roberts... |
1993 |
| V.A. Richelle |
Racism as Subjectification |
67 Tulane Law Review 2357 (June, 1993) |
I. Introduction. 2357 II. Elements of Appeal and Judicial Responses. 2358 A. Preserving the Error for Appeal. 2359 B. What Constitutes Racial Bias. 2362 C. Harmless-Error Analysis. 2367 III. Conclusion. 2369; Search Snippet: ...1993 Symposium: Criminal Law, Criminal Justice, and Race Student Commentary RACISM AS A STRATEGIC TOOL AT TRIAL: APPEALING RACE-BASED PROSECUTORIAL... |
1993 |
| Vernellia R. Randall |
Racist Health Care? |
3 Health Matrix: Journal of Law-Medicine 127 (Spring, 1993) |
Racist and racism are provocative words in American society. To some, these words have reached the level of curse words in their offensiveness. Yet, racist and racism are descriptive words of a reality that cannot be denied. Ethnic-Americans live daily with the effects of both institutional and individual racism. Race issues are so; Search Snippet: ...LAW MEDICINE Health Matrix: Journal of Law-Medicine Spring, 1993 RACIST HEALTH CARE: REFORMING AN UNJUST HEALTH CARE SYSTEM TO MEET... |
1993 |
| Brian Owsley |
Racist Speech and Lawyer Discipline |
24 Columbia Human Rights Law Review 323 (Summer, 1993) |
[I]f we view first amendment values as a system, so that a victory for free speech anywhere is a victory for free speech everywhere, then the same view applies to racism a victory for racism anywhere bolsters racism in society in general. J.M. Balkin I am not arguing against the first amendment; what I am insisting upon is some appreciation for; Search Snippet: ...RIGHTS LAW REVIEW Columbia Human Rights Law Review Summer, 1993 RACIST SPEECH AND REASONABLE PEOPLE: A PROPOSAL FOR A TORT REMEDY... |
1993 |
| Donald E. Lively |
Racist Speech on Campus |
1 Virginia Journal of Social Policy and the Law 1 (Spring, 1993) |
The nation's traditions and conscience have evolved among other things as sources of constitutional controversy and resolution. Discerning what is a core ideal or established premise of society is an exercise that is as vexing as it is disputed. Especially in a pluralistic society, a multitude of values and beliefs circulate, but few are... |
1993 |
| Malissia Lennox |
Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 of the Voting Rights Act |
45 Stanford Law Review 687 (February, 1993) |
We are asking why you treat us this way. Is it because we are Negroes? Why are you letting us suffer this way, America? Don't you have a father's heart? Haven't you thought we were humans, that we had a heart to suffer with and a soul that could be wounded? Give us back our freedom. Why among all the nations that emigrate to the United States have... |
1993 |
| Frederick M. Lawrence |
Responding to Mccleskey and Batson: the North Carolina Racial Justice Act Confronts Racial Peremptory Challenges in Death Cases |
68 Notre Dame Law Review 673 (1993) |
Despise evil and ungodliness, but not men of ungodliness or evil. These, understand. Not since the Nazis threatened to march in Skokie, have we focused so much on the hate crimes/hate speech paradox. How is it possible to protect victims of bias-motivated violence while also protecting the right of the racist to express his beliefs? The paradox has; Search Snippet: ...HATE CRIMES/HATE SPEECH PARADOX: PUNISHING BIAS CRIMES AND PROTECTING RACIST SPEECH Frederick M. Lawrence [FNa1] Copyright (c) 1993 by the... |
1993 |
| David E. Bernstein |
Rough Terrain Ahead: a New Course for Racial Preference Programs |
43 American University Law Review 85 (Fall, 1993) |
[A] colored worker who is denied the protection and the benefits of organized labor because they will not take him in, has only one place of redress in case his right of employment is assailed, and that is in our courts. Harry E. Davis, Member, Ohio House of Representatives, 1928 [I]nstead of taking the part of the Negro and helping him toward; Search Snippet: ...THE DECLINE OF LAISSEZ-FAIRE JURISPRUDENCE AND THE RISE OF RACIST LABOR LEGISLATION David E. Bernstein [FNa1] Copyright (c) 1993 by... |
1993 |
| Laura A. Lazarus |
Statistical Analysis for the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts |
13 Bridgeport Law Review 1043 (Winter 1993) |
It is essential for our courts to be cognizant of how racial prejudice manifests itself in today's society; awareness of this problem is the only way to eradicate it. Individuals today infrequently voice their racism in a public forum. However, racist attitudes can be uncovered through a person's opinion on interracial marriage. Whites frequently; Search Snippet: ...1993 December, 1993 Comment STATE V. SMITH: THE PRESENCE OF RACISM IN VOIR DIRE Laura A. Lazarus Copyright (c) 1993 by... |
1993 |
| Patricia M. Egan |
Surviving Implicit Bias: Why the Appellate Court's Interpretation of the 2012 Amendment to the Racial Justice Act Will Be a Life or Death Decision for North Carolina Death Row Prisoners |
60 Defense Counsel Journal 264 (April, 1993) |
THE PEREMPTORY challenge, once considered a litigator's powerful tool in jury selection, has been scrutinized and severely limited by recent U.S. Supreme Court decisions extending the principles enunciated in the landmark case of Batson v. Kentucky, which prohibited prosecutors from using peremptory challenges to strike jurors solely because they... |
1993 |
| Lawrence Vogelman |
The Black/white Binary Paradigm of Race: the "Normal Science" of American Racial Thought |
20 Fordham Urban Law Journal 571 (Spring, 1993) |
Nearly everyone had a reaction to the verdict in the Rodney King Case some ignored the trial and concentrated on the riots in Los Angeles; others, with broad strokes, dismissed the population of Ventura County, California, as obviously stupid, blind and racist; others maintained it was just another example of the criminal justice system's; Search Snippet: ...MAN SYNDROME: THE RODNEY KING TRIAL AND THE USE OF RACIAL STEREOTYPES IN THE COURTROOM Lawrence Vogelman [FNa1] Copyright (c) 1993... |
1993 |
| Elizabeth Roth |
The Codification of Racism: Blacks, Criminal Sentencing, and the Legacy of Slavery in Georgia |
19 Law Practice Management 26 (September, 1993) |
When we are trying to interpret legislation, we lawyers often talk about the intent of drafters. Once in a great while, it is clear what such intent was. One February day 29 years ago, certain southern members of the U.S. House of Representatives had a jocular debate about sex. Hoping to defeat the Civil Rights Act of 1964, they decided, as a joke,... |
1993 |
| Robert J. Hunter , Paige Heather Ralph , James Marquart |
The Debate over Regulation of Racist Speech: R.a.v. V. City of St. Paul |
20 American Journal of Criminal Law 313 (Spring, 1993) |
C1-3Table of Contents I. 314 II. Introduction. 315 III. Rape and Punishment in the Pre-Furman Era. 316 A. Research Through 1973. 316 B. Recent Examinations of Prior Data. 318 IV. Methodology. 319 A. Death Row Data. 320 B. Comparison Group Data (term-sentenced). 321 V. Analysis of Data. 322 VI. Findings. 323 A. Rapists: Offender's Race,; Search Snippet: ...SENTENCING OF RAPISTS IN PRE-FURMAN TEXAS (1942-1971): THE RACIAL DIMENSION Robert J. Hunter [FNa1] Paige Heather Ralph [FNaa1] James... |
1993 |
| Shannon L. Taylor |
The Defendant's Challenge to a Racial Criterion in Jury Selection: a Study in Standing, Due Process and Equal Protection |
41 University of Kansas Law Review 137 (1993) |
Recently, racial tensions have again been brought to the forefront of our nation's consciousness. The violence unleashed in the wake of the first Rodney King verdict has given the public a new sense of fear and appreciation for the damaging effects wrought on this country by the ills of bigotry and discrimination. In addition, these events have; Search Snippet: ...1993 Criminal Procedure Edition Note THE DEBATE OVER REGULATION OF RACIST SPEECH: R.A.V. v. CITY OF ST. PAUL [FNa1] Shannon L... |
1993 |
| Emily Prescott |
The Geography of Racial Stereotyping: Evidence and Implications for Vra Preclearance after Shelby County |
20 Hastings Constitutional Law Quarterly 877 (Summer, 1993) |
When Congress passed the 1991 Civil Rights Act, its intent was to overturn seven recent Supreme Court civil rights cases. In addition, the Act contained a provision specifically prohibiting one type of conductrace norming. Race norming is the practice of adjusting minority employment test scores so that a minority test-taker's score is based on a... |
1993 |
| Athornia Steele |
The Myth of Black Juror Nullification: Racism Dressed up in Jurisprudential Clothing |
22 Capital University Law Review 589 (Summer, 1993) |
Therefore Justice is far from us, And righteousness does not reach us; We wait for light, and Lo! there is darkness; And for brightness, but we walk in gloom. We grope like the blind along a wall, Groping like those who have no eyes; We stumble at noon as in the twilight, Among the vigorous as we were dead. We all growl like bears; Like doves we... |
1993 |
| Xavier Carlos Vasquez |
The North Carolina Racial Justice Act: an Essay on Substantive and Procedural Fairness in Death Penalty Litigation |
34 Harvard International Law Journal 357 (Spring, 1993) |
The North American Free Trade Agreement (NAFTA) promises to create the world's largest free market. As NAFTA integrates the economic sectors of Canada, Mexico, and the United States, it will also create a foundation for the integration of the three states' environmental policies. There has been, however, considerable concern that NAFTA's provisions... |
1993 |