| Author | Title | Citation | Summary | Year |
| David Robert Baron |
The Racism Is Permanent Thesis: Courageous Revelation or Unconscious Denial of Racial Genocide |
13 Boston College Third World Law Journal 1 (Winter, 1993) |
I. Introduction II. Racially Disparate Impact of Abortion Funding Restrictions: The Factual Case A. Qualifying for Public Funding B. Paying for an Abortion Out-of-Pocket C. Paying for an Illegal Abortion D. Carrying an Unwanted Pregnancy to Term III. Equal Protection In The Abortion Context: Government's Non-Obligation to Provide Abortion Services; Search Snippet: ...JOURNAL Boston College Third World Law Journal Winter, 1993 THE RACIALLY DISPARATE IMPACT OF RESTRICTIONS ON THE PUBLIC FUNDING OF ABORTION... |
1993 |
| Derrick Bell |
The Racist Algorithm? |
22 Capital University Law Review 571 (Summer, 1993) |
For the last four months since the publication of my new book of allegorical stories, Faces at the Bottom of the Well, I have been defending the book's major message contained in its sub-title: The Permanence of Racism. In this article, I want to offer a summary of my arguments for the proposition that American racism is not, as Gunnar Myrdal; Search Snippet: ...LAW REVIEW Capital University Law Review Summer, 1993 Essay THE RACISM IS PERMANENT THESIS: COURAGEOUS REVELATION OR UNCONSCIOUS DENIAL OF RACIAL GENOCIDE Derrick Bell [FNa1] Copyright (c) 1993 by Derrick Bell... |
1993 |
| Chandler Davidson |
The Washington Lawyers' Committee's Fifty-year Battle for Racial Equality in Places of Public Accommodation |
13 Chicano-Latino Law Review 1 (Summer 1993) |
During the last few decades, the United States has witnessed a remarkable transformation of the voting rights of citizens who are members of racial and ethnic minority groups. The dimensions of the transformation are only now beginning to emerge, thanks in part to a recent surge of scholarly interest in the Voting Rights Act of 1965. The present; Search Snippet: ...1993 Introduction THE VOTING RIGHTS ACT: PROTECTING THE RIGHTS OF RACIAL AND LANGUAGE MINORITIES IN THE ELECTORAL PROCESS Chandler Davidson [Fnd... |
1993 |
| Daniel D. Polsby , Robert D. Popper |
Ulysses S. Grant and the Lost Opportunity for Racial Justice: Grant. By Ron Chernow. New York: Penguin Press. 2017. Pp. Xvii + 1074. $40.00 |
92 Michigan Law Review 652 (December, 1993) |
If you have to ask, you can't afford it. Attributed to J.P. Morgan How ugly is too ugly? Shaw v. Reno examines that important question in the course of rejecting North Carolina's 1990 effort to comply with the preclearance provisions in section 5 of the Voting Rights Act (VRA). But the problem presented is a general one that is apt to arise; Search Snippet: ...Shaw v. Reno UGLY: AN INQUIRY INTO THE PROBLEM OF RACIAL GERRYMANDERING UNDER THE VOTING RIGHTS ACT Daniel D. Polsby [FNa1... |
1993 |
| |
Under the Shadow of Weimar: Democracy, Law, and Racial Incitement in Six Countries. Edited by Louis Greenspan & Cyril Levitt. Westport, Connecticut: Praeger Publishers, 1993. Pp. Viii, 248. $55.00. |
17 Maryland Journal of International Law and Trade 267 (FALL 1993) |
In this era of escalating racial tensions worldwide, a comparison of the approaches taken by the world's leading democracies to curb racial violence has timely appeal. In Under the Shadow of Weimar: Democracy, Law and Racial Incitement , editors Louis Greenspan and Cyril Levitt have compiled a series of illuminating essays that provide glimpses; Search Snippet: ...FALL 1993 UNDER THE SHADOW OF WEIMAR: DEMOCRACY, LAW, AND RACIAL INCITEMENT IN SIX COUNTRIES EDITED BY LOUIS GREENSPAN AND CYRIL... |
1993 |
| Audrey Wright |
Unequal Racial Access to Kidney Transplantation |
39 Wayne Law Review 1725 (Summer, 1993) |
In recent years, numerous reports and studies have concluded that racial minorities are disproportionately affected by the nation's environmental hazards. According to one recent study, three out of five African-Americans and Latinos live in communities with one or more hazardous waste sites. Other studies have revealed that it takes twenty percent; Search Snippet: ...PROTECTION UNDER THE ENVIRONMENTAL LAWS: REVIEWING THE EVIDENCE ON ENVIRONMENTAL RACISM AND THE INEQUITIES OF ENVIRONMENTAL LEGISLATION Audrey Wright Copyright ©... |
1993 |
| Ian Ayres , Laura G. Dooley , Robert S. Gaston |
Unexpected Racial Assertions: a Counter-reply to David Horowitz |
46 Vanderbilt Law Review 805 (May, 1993) |
I. Introduction. 806 II. Antigen Matching. 813 A. The UNOS Policies for Mandated Sharing of Well-Matched Kidneys. 813 1. An Introduction to Antigen Compatibility. 815 2. Mandatory National Sharing of Six-Antigen-Matched Kidneys. 817 3. The Mandatory Local Point System. 818 B. The Costs of Matching: Disparate Access to Cadaveric Kidneys. 820 C. The; Search Snippet: ...243674 VANDERBILT LAW REVIEW Vanderbilt Law Review May, 1993 UNEQUAL RACIAL ACCESS TO KIDNEY TRANSPLANTATION Ian Ayres [FNa] Laura G. Dooley... |
1993 |
| S.J. Meltzer |
United States V. Hatahley: a Legal Archaeology Case Study in Law and Racial Conflict |
67 Tulane Law Review 1700 (May, 1993) |
Defendants Sean Tarrant, Christopher Greer, Jon Jordan, Daniel Wood, and Michael Lawrence were members of the Confederate Hammerskins, an organization that advocated white supremacy, forced separation of the races, and anti-Semitism. On September 28, 1989, in the United States District Court for the Northern District of Texas, a federal grand jury; Search Snippet: ...May, 1993 Recent Development UNITED STATES v. GREER: IS A RACIAL INQUIRY NECESSARY FOR AN ADEQUATE VOIR DIRE? S.J. Meltzer Copyright... |
1993 |
| Jerome McCristal Culp, Jr. |
Weaponized Racial Fear |
26 Connecticut Law Review 209 (Fall, 1993) |
Clarence Thomas, second African-American appointed to the United States Supreme Court, to a largely white audience at Mercer Law School: When I left Georgia over 25 years ago, the familiar sources of unkind treatment and incivility were the bigots. Today, ironically, a new brand of stereotypes and ad hominem assaults are surfacing across the; Search Snippet: ...Commentary WATER BUFFALO AND DIVERSITY: NAMING NAMES AND RECLAIMING THE RACIAL DISCOURSE Jerome McCristal Culp, Jr. [FNa1] Copyright (c) 1993 by... |
1993 |
| Wilma Williams Pinder |
Where Do Mixed Babies Belong? Racial Classification in America and its Implications for TransRacial Adoption |
20 Pepperdine Law Review 1053 (1993) |
Racism remains the most debilitating virus in the American system and the consequences spill over into almost every facet of life. Lawyers are often analogized to knights because of the many characteristics they share. Both groups of warriors dedicate themselves to causes for which they fight. Skill and courage are essential characteristics in; Search Snippet: ...WHEN WILL BLACK WOMEN LAWYERS SLAY THE TWO-HEADED DRAGON; RACISM AND GENDER BIAS? Wilma Williams Pinder [FNa] Copyright (c) 1993... |
1993 |
| Willie Abrams |
A Report of the Perceptions and Experiences of Lawyers, Judges, and Court Employees Concerning Gender, Racial and Ethnic Fairness in the Federal Courts of the Second Circuit of the United States |
24 Connecticut Law Review 517 (Winter, 1992) |
PROFESSOR Derrick Bell's Racial Realism is a weary despair about the efficacy of traditional civil rights litigation, legislative advocacy, and politics as strategies in the struggle for freedom, justice, and dignity for black Americans. Since its formation in 1909, the principal goal of the National Association for the Advancement of Colored; Search Snippet: ...Law Review Winter, 1992 Commentary A REPLY TO DERRICK BELL'S RACIAL REALISM Willie Abrams [FNa] Copyright (c) 1992 by the Connecticut... |
1992 |
| Amy B. Bloom |
A. Section 1981 and Termination of Contracts Due to Racial Discrimination: Gersman V. Group Health Ass'n. |
26 Suffolk University Law Review 850 (Fall, 1992) |
The Fourteenth Amendment's guarantee of equal treatment to all citizens permits only those racial classifications that withstand strict scrutiny analysis. In Stuart v. Roache, the Court of Appeals for the First Circuit considered whether a consent decree that favored minority police officers for promotions solely because of their race remained... |
1992 |
| Michael J. Cayer |
Aba Judicial Ratings Draw Fire |
33 Boston College Law Review 428 (March, 1992) |
The Civil Rights Act of 1866 guarantees certain enumerated rights to all people within the jurisdiction of the United States. First among these is the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens. Thus, this provision, codified at 42 U.S.C. § 1981, prohibits discriminatory conduct in contract affairs; Search Snippet: ...A. [FNa1] SECTION 1981 AND TERMINATION OF CONTRACTS DUE TO RACIAL DISCRIMINATION: GERSMAN v. GROUP HEALTH ASS'N. [FN1] Michael J. Cayer... |
1992 |
| Naikang Tsao |
American Bar Association Policy 104d: Cross-Racial Identification |
67 New York University Law Review 366 (May, 1992) |
One striking feature of our nation's landscape is the prevalence of toxic waste dumps in areas where racial minorities and the poor live. According to a 1987 study, more than 15 million of the nation's 26 million blacks, and over 8 million of the 15 million Hispanics, live in communities with one or more uncontrolled toxic waste sites. In addition,; Search Snippet: ...New York University Law Review May, 1992 Note AMELIORATING ENVIRONMENTAL RACISM: A CITIZENS' GUIDE TO COMBATTING THE DISCRIMINATORY SITING OF TOXIC... |
1992 |
| Elizabeth L. Earle |
Banking, Finance, and Community Economic Empowerment: Structural Economic Theory, Procedural Civil Rights, and Substantive Racial Justice |
92 Columbia Law Review 1212 (June, 1992) |
With their client's execution imminent, defense lawyers for James Russell worked feverishly on briefs for submission to the Texas courts, to the lower federal courts, and ultimately to the United States Supreme Court. They alleged, inter alia, that the county prosecutor in Russell's capital murder trial had injected the issue of race into the... |
1992 |
| Linda S. Greene |
Civil Rights in Crisis: the Racial Impact of the Denial of the Sixth Amendment Right to Counsel |
24 Connecticut Law Review 499 (Winter, 1992) |
ONCE again Derrick Bell takes up the task of the prophet and warns us of the dangers that lie along our current civil rights path. He suggests that it is both naive and unproductive for blacks to ignore the role of law and courts as instruments for preserving the status quo. For Bell, judicial events such as Regents of the University of; Search Snippet: ...RIGHTS AT THE MILLENNIUMA RESPONSE TO BELL'S CALL FOR RACIAL REALISM Linda S. Greene [FNa] Copyright (c) 1992 by the... |
1992 |
| Amy E. Haddad |
Constitutional Law-hernandez V. New York: Did the Supreme Court Intend to Overrule Batson's Standard of "Racially Neutral"? |
60 Tennessee Law Review 229 (Fall, 1992) |
Thomas McCollum, William Joseph McCollum, and Ella Hampton McCollum were charged with the aggravated assault and simple battery of two black persons, Jerry and Myra Collins. The McCollums, respondents in this action, are white. Prior to the selection of the jury, the prosecution, petitioner here, moved that respondents be prohibited from exercising... |
1992 |
| Christopher Steskal |
Creation of Majority-minority Districts: a Step Toward Voting Equality or Racial Segregation? |
27 Harvard Civil Rights-Civil Liberties Law Review 187 (Winter, 1992) |
On September 3, 1991, the City of Milwaukee opened its highly publicized African-American Immersion School, a coeducational elementary school that focuses primarily upon the needs of African-American males. The Detroit Board of Education authorized the creation of the Male Academy on February 26, 1991. The schools opened in coeducational form on; Search Snippet: ...Civil Liberties Law Review Winter, 1992 Note CREATING SPACE FOR RACIAL DIFFERENCE: THE CASE FOR AFRICAN-AMERICAN SCHOOLS Christopher Steskal Copyright... |
1992 |
| Alex M. Johnson, Jr. |
Defining Racial Profiling in a Post-september 11 World |
1992 University of Illinois Law Review 1043 (1992) |
In this article I take the controversial position that the implementation of mandatory quotas or strict numerical goals in the admission process for colleges and professional schools is a necessary remedial tool given the invidious nature of discrimination and the manipulation of the concept of merit in our society to maintain the favored; Search Snippet: ...Scholarship DEFENDING THE USE OF QUOTAS IN AFFIRMATIVE ACTION: ATTACKING RACISM IN THE NINETIES Alex M. Johnson, Jr. [FNa1] Copyright ©... |
1992 |
| Richard Delgado |
Derrick Bell's Radical Realism |
24 Connecticut Law Review 527 (Winter, 1992) |
DERRICK Bell's Racial Realism is likely to be met with a predictable responsefrom his readers of majority race, at any rate. Why such a somber message, some will ask? Yes, yes, we know the Supreme Court has been handing down a series of unfriendly decisions, but has not the Congress reversed most of them? And do not some statistics, at least,; Search Snippet: ...LAW REVIEW Connecticut Law Review Winter, 1992 Commentary DERRICK BELL'S RACIAL REALISM: A COMMENT ON WHITE OPTIMISM AND BLACK DESPAIR Richard... |
1992 |
| Tracy E. Higgins |
Derrick Bell's Re-sounding: W. E. B. du Bois, Modernism, and Critical Race Scholarship |
61 Fordham Law Review 683 (December, 1992) |
Black people will never gain full equality in this country. Even those herculean efforts we hail as successful will produce no more than temporary peaks of progress, short-lived victories that slide into irrelevance as racial patterns adapt in ways that maintain white dominance. This is a hard-to-accept fact that all history verifies. Professor; Search Snippet: ...FACES AT THE BOTTOM OF THE WELL: THE PERMANENCE OF RACISM. BY DERRICK BELL. BASIC BOOKS: NEW YORK, 1992. PP. 222... |
1992 |
| Paul Finkelman |
Gay Rights, Religious Liberty, and the Misleading Racism Analogy |
78 Iowa Law Review 89 (October, 1992) |
This is the Court of Chancery; . Suffer any wrong that can be done you, rather than come here! The legal community accepts, almost without question, that justice delayed is justice denied. Certainly that is true for most cases. Without her day in court a civil plaintiff cannot win deserved damages. Until a trial brings out the truth of the... |
1992 |
| Tara S. Taggart |
Iii. Racial Discrimination on the Beat: Extending the Racial Critique to Police Conduct |
44 South Carolina Law Review 25 (Autumn, 1992) |
In State v. Grandy the South Carolina Supreme Court held that under Batson v. Kentucky, a prosecutor's unexplained desire to seat a different venireperson on a petit jury does not justify exercising a peremptory strike upon a black venireperson. Although the court's analysis was minimal, the Grandy opinion further defines the current contours of; Search Snippet: ...Constitutional Law III.PROSECUTOR MUST MEET HEIGHTENED BURDEN IN DEMONSTRATING RACIALLY NEUTRAL EXPLANATION FOR USE OF PEREMPTORY STRIKES Tara S. Taggart... |
1992 |
| Gerald Torres |
Invalidating Integration: Parents Involved and the Standards of the Convention on the Elimination of All Forms of Racial Discrimination |
63 University of Colorado Law Review 839 (1992) |
I have been asked to write an introduction to this symposium issue on environmental racism. Before beginning to do that, even before discussing the articles in this issue, I think that it is important to first speak clearly about what the term environmental racism means. Obviously, the term is divided into two parts, but environmental clearly; Search Snippet: ...Issue Symposium: Race, Class, and Environmental Regulation INTRODUCTION: UNDERSTANDING ENVIRONMENTAL RACISM Gerald Torres [FNa1] Copyright (c) 1992 by the University of... |
1992 |
| Bradley R. Kirk |
Miller V. Johnson: Drawing the Line on Racial Gerrymandering |
19 Pepperdine Law Review 691 (January, 1992) |
The earnestness of this Court's commitment to racial justice is not to be measured by its willingness to expand constitutional provisions designed for other purposes beyond their proper bounds. Justice Antonin Scalia In dealing with racial discrimination, courts have constantly been pulled in two directions, desiring on the one hand to assist in; Search Snippet: ...SACRED COW: THE SUPREME COURT LIMITS THE PEREMPTORY CHALLENGE ON RACIAL GROUNDS IN POWERS v. OHIO AND EDMONSON v. LEESVILLE CONCRETE... |
1992 |
| Robin West |
Must Employers Be Colorblind? Title Vii Bars Intra-Racial Employment Discrimination, Walker V. Secretary of Treasury, I.r.s., 713 F. Supp. 403 (N.d. Ga. 1989) |
90 Michigan Law Review 1771 (May, 1992) |
The Alchemy of Race and Rights: The Diary of a Law Professor. By Patricia L. Williams. Cambridge: Harvard University Press. 1991. Pp. 263. Cloth, $24.95; paper, $10.95. Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and; Search Snippet: ...the Law X. Lives in the Law MURDERING THE SPIRIT: RACISM, RIGHTS, AND COMMERCE THE ALCHEMY OF RACE AND RIGHTS: THE... |
1992 |
| Cynthia L. Eldridge |
Performing in a Racially Hostile Environment |
13 Mississippi College Law Review 261 (Fall, 1992) |
In Edmonson v. Leesville Concrete Co., the United States Supreme Court extended the rule in Batson v. Kentucky to the civil arena, thereby resolving a conflict among the circuit courts of appeals regarding whether a private litigant in a civil case may use peremptory challenges to exclude potential jurors based upon race. Specifically, Edmonson; Search Snippet: ...1992 Note PEREMPTORY CHALLENGES IN CIVIL CASESDOES EDMONSON ALLEVIATE RACIAL DISCRIMINATION IN THE JURY SELECTION PROCESS? Cynthia L. Eldridge Copyright... |
1992 |
| Jerome McCristal Culp, Jr. |
Post September 11 Aviation Law: a Proliferation of Litigation, Allegations of Racial Discrimination and Prosecutions of Unruly Passengers |
41 Duke Law Journal 1095 (April, 1992) |
What then are the tenure standards for the affirmative action hires to be? If they are the same tenure standards as for white males, then probably a disproportionate number of blacks will not make tenure, and this will be more than awkward. What is to be done? Are there to be two tenure tracks? If so, will voting on tenure in the affirmative action... |
1992 |
| Willie Abrams |
Racial Equality: Old and New Strains and American Indians |
18 William Mitchell Law Review 979 (Fall, 1992) |
It was very interesting to hear Professor Strossen comment about my boss, Dr. Benjamin Hooks, Executive Director of the NAACP, saying that the First Amendment had been sword and shield of civil rights movement. Clearly, the NAACP has relied on the First Amendment in these cases. But in this case, the NAACP filed an amicus brief in support of the; Search Snippet: ...Speech After R.A.V.: More Conflict Between Free Speech and Equality? RACIAL EQUALITY OVER HATE SPEECH Willie Abrams [FNd] Copyright (c) 1992... |
1992 |
| Laughlin McDonald |
Racial Fairness and Traditional Districting Standards: Observations on the Impact of the Voting Rights Act on Geographic Representation |
21 Stetson Law Review 847 (Summer, 1992) |
Following the enactment of the Voting Rights Act of 1965, over a million black citizens were added to the voter rolls. In response to their success, white local governments began to change district lines, city boundaries, and voting procedures and switched from single-member districts to at-large elections. Because these devices frequently operate; Search Snippet: ...Review Summer, 1992 Local Government Law Symposium Voting Rights Symposium RACIAL FAIRNESS - WHY SHOULDN'T IT APPLY TO SECTION 5 OF THE... |
1992 |
| Talbot “Sandy” D'Alemberte |
Racial Injustice: Work to Be Done Outside the Courtroom |
78-AUG ABA Journal 58 (August, 1992) |
Suppose you were transposed over to China or Tibet and you had hit somebody in your car and you were sitting in their court. How would you feel? Detroit lawyer Cornelius Pitts told this to a Wall Street Journal reporter to convey how a black person accused of a crime or involved in a civil proceeding feels in a typical American courtroom. Visit; Search Snippet: ...510498 ABA JOURNAL ABA Journal August, 1992 After The Verdict RACIAL INJUSTICE AND AMERICAN JUSTICE Talbot Sandy D'Alemberte Copyright (c) 1992... |
1992 |
| Jeremy Rabkin |
Racial Progress in the New Millennium-a Different Shade |
34 William and Mary Law Review 75 (Fall, 1992) |
Civil rights has been a fierce political and ideological battleground over the past two decades. Advocates of a color blind Constitution condemn group entitlements as subverting individual rights and national cohesion. Defenders of racial preference policies, on the other hand, insist that only sustained government measures, including; Search Snippet: ...MARY LAW REVIEW William and Mary Law Review Fall, 1992 RACIAL PROGRESS AND CONSTITUTIONAL ROADBLOCKS Jeremy Rabkin [FNa1] Copyright (c) 1992... |
1992 |
| Derrick Bell |
Racial Realism or Racial Despair? |
24 Connecticut Law Review 363 (Winter, 1992) |
The struggle by black people to obtain freedom, justice, and dignity is as old as this nation. At times, great and inspiring leaders rose out of desperate situations to give confidence and feelings of empowerment to the black community. Most of these leaders urged their people to strive for racial equality. They were firmly wedded to the idea that... |
1992 |
| John A. Powell |
Racial Reconciliation in Mississippi: an Evaluation of the Proposal to Establish a Mississippi Truth and Reconciliation Commission |
24 Connecticut Law Review 533 (Winter, 1992) |
ON first reading Professor Derrick Bell's article, Racial Realism, I was reminded of a story that I heard several years ago. In this story, there is a black man who has been sentenced by a white judge for some minor infraction. After the sentence is announced, the man looks at the judge and says, You have taken away my job, my house, my wife, my; Search Snippet: ...405281 CONNECTICUT LAW REVIEW Connecticut Law Review Winter, 1992 Commentary RACIAL REALISM OR RACIAL DESPAIR? John A. Powell [FNa] Copyright (c) 1992 by the... |
1992 |
| Martha Chamallas |
Racial Segregation as a Prison Initiation Experience |
52 Louisiana Law Review 1457 (July, 1992) |
The many tributes to Judge Rubin in this volume and from so many other quarters attest to his reputation as a brilliant jurist, an incredibly hard worker, an intellectual with wide-ranging interests and a man who cared deeply about legal ethics. To this list, I would also add that Judge Rubin had a reputation for being a liberal judge. As a... |
1992 |
| Stephanie B. Goldberg |
Racial Steering in Bankruptcy |
78-NOV ABA Journal 94 (November, 1992) |
A federal court in New York has ruled that the Harry Macklowe Real Estate Co. Inc. violated the Fair Housing Act of 1968 when it featured only white models in the ads it ran from 1985-1988 for two luxury apartment buildings. But Ragin v. Macklowe was a mixed victory for the plaintiffs--two black professional couples and a nonprofit fair housing; Search Snippet: ...ABA JOURNAL ABA Journal November, 1992 Trends In The Law RACIAL STEERING Court Cuts Damages For Offensive Ads Stephanie B. Goldberg... |
1992 |
| Luke W. Cole |
Remedying Environmental Racism |
90 Michigan Law Review 1991 (June, 1992) |
The Michigan Law Review's recent Note, Remedying Environmental Racism, is an important and timely analysis of a civil rights law-based approach to environmental justice work - one of the first to emerge from legal academia. It correctly points out the high hurdles that toxic racism's victims must overcome to successfully pursue such a strategy.... |
1992 |
| T. Alexander Aleinikoff |
Rereading the First Amendment in Light of Treaties Proscribing Incitement to Racial Discrimination or Hostility |
1992 University of Illinois Law Review 961 (1992) |
Justice Harlan's dissent in Plessy v. Ferguson has become an important cultural text in late twentieth century America. The opinion is seen as righteous and prophetic, announcing the proper understanding of the Equal Protection Clause of the Fourteenth Amendment years ahead of its time. The famous phraseOur Constitution is color-blindis; Search Snippet: ...RE-READING JUSTICE HARLAN'S DISSENT IN PLESSY v. FERGUSON: FREEDOM, ANTIRACISM, AND CITIZENSHIP T. Alexander Aleinikoff [FNa1] Copyright (c) 1993 by... |
1992 |
| Alan Raphael |
State Panels Document Racial, Ethnic Bias in the Courts |
1991-92 Preview of United States Supreme Court Cases 237 (March 27, 1992) |
The issue in this case is whether several recent Supreme Court decisions limiting racial discrimination in jury selection should be extended to bar the use, by defense counsel in criminal trials, of peremptory challenges to remove potential jurors from trial juries because of their race. In light of the precedents, particularly two cases decided... |
1992 |
| Josephine Chow |
Still Officers of the Court: Why the First Amendment Is No Bar to Challenging Racism, Sexism and Ethnic Bias in the Legal Profession |
14 Loyola of Los Angeles International and Comparative Law Journal 851 (October, 1992) |
Batten down the hatches, several thousand Zulus approaching from the North. We have his oriental buddy for 11364. Great . make sure u burn him if he's on felony probation . by the way does he need any breaking. Hi . just got mexercise for the night. Above are just a few examples of what police call blue humor. Covering the gamut of; Search Snippet: ...Comment STICKS AND STONES WILL BREAK MY BONES, BUT WILL RACIST HUMOR?: A LOOK AROUND THE WORLD AT WHETHER POLICE OFFICERS HAVE A FREE SPEECH RIGHT TO ENGAGE IN RACIST HUMOR Josephine Chow [FNa1] Copyright (c) 1992 by the Loyola... |
1992 |
| A. Leon Higginbotham, Jr. , Anne F. Jacobs |
The #Ferguson Effect: Opening the Pandora's Box of Implicit Racial Bias in Jury Selection |
70 North Carolina Law Review 969 (April, 1992) |
In the seventeenth, eighteenth, and nineteenth centuries American judges' and legislators' obligation to do justice collided with the South's race-based system of slavery. The statutes and caselaw of this period reveal not only judicial and legislative sanction of slavery, but also an effort on the part of lawmakers and judges to bolster the; Search Snippet: ...1992 THE LAW ONLY AS AN ENEMY: THE LEGITIMIZATION OF RACIAL POWERLESSNESS THROUGH THE COLONIAL AND ANTEBELLUM CRIMINAL LAWS OF VIRGINIA... |
1992 |
| T. Alexander Aleinikoff |
The Constitution, the Supreme Court, and Racial Politics |
63 University of Colorado Law Review 325 (1992) |
In August 1955, Emmett Till, a 14-year old African-American from Chicago, was lynched in Mississippi. Apparently unprepared to conform his conduct to the local mores, he made the mistake of whistling at a white woman. Till was beaten and shot; his body was thrown into the Tallahatchie River tied to a large piece of equipment used in ginning cotton; Search Snippet: ...of Judging THE CONSTITUTION IN CONTEXT: THE CONTINUING SIGNIFICANCE OF RACISM T. Alexander Aleinikoff [FNa1] Copyright (c) 1992 by the University... |
1992 |
| Beth C. Boswell-Odum |
The First Amendment Freedom of Assembly as a Racial Project |
33 South Texas Law Review 261 (February, 1992) |
I. INTRODUCTION. 261 II. RACIAL SPEECH ON CAMPUSCONFLICTING VIEWS. 263 III. HISTORY OF THE FIGHTING WORDS DOCTRINE. 269 A. As Developed by United States Supreme Court Decisions. 269 1. The BeginningChaplinsky v. New Hampshire. 269 2. Subsequent Interpretations of Chaplinsky. 270 B. As Developed by State Court Decisions. 275 1. States Following; Search Snippet: ...Law Review February, 1992 Note THE FIGHTING WORDS DOCTRINE AND RACIAL SPEECH ON CAMPUS Beth C. Boswell-Odum Copyright (c) 1992... |
1992 |
| Tracey L. McCain |
The Interpretation of Umpires' Dreams: Testing Supreme Court Nominees' Racial Biases |
25 Columbia Journal of Law and Social Problems 601 (Summer, 1992) |
The United States Constitution guarantees individuals charged with crimes a fair trial. The Constitution, however, does not guarantee that a suspect will not be stigmatized as a criminal before she is charged with a crime. Blind faith has been placed on safeguards within the courtroom and the trial process to protect the innocent, but these... |
1992 |
| Derrick Bell |
The Racial Re-integration of Major League Baseball: a Business Rather than Moral Decision; Why Motive Matters |
78-SEP ABA Journal 50 (September, 1992) |
It was enacted as the Racial Preference Licensing Act. At a nationally televised signing ceremony, the presidentelected as a racial moderateassured the nation that the statute represented a realistic advance in race relations. It is, he insisted, certainly not a return to the segregation policies granted constitutional protection under the; Search Snippet: ...478316 ABA JOURNAL ABA Journal September, 1992 Legal Thought THE RACIAL PREFERENCE LICENSING ACT A Fable About The Politics Of Hate... |
1992 |
| Juan Williams |
The Tales of White Folk: Doctrine, Narrative, and the Reconstruction of Racial Reality |
34 William and Mary Law Review Rev. 7 (Fall, 1992) |
This subject would seem a more appropriate setting for a scholar than a journalist, and I am no scholar. I am encouraged, however, by the wise words of Susan B. Anthony, the fierce nineteenth-century leader of the struggle for women's rights. Miss Anthony was not married; nonetheless, she delivered biting lectures on the political and social... |
1992 |
| Robert A. Sedler |
The Unintended Lessons in Brown V. Board of Education |
53 University of Pittsburgh Law Review 631 (Spring, 1992) |
Racist speech is a generic term, which refers primarily to speech that denigrates persons on the basis of their race or ethnic origin, but also includes speech that denigrates on the basis of gender or sexual orientation. Many universities have enacted regulations restricting racist speech in response to a disturbing number of overtly racist; Search Snippet: ...Law Review Spring, 1992 THE UNCONSTITUTIONALITY OF CAMPUS BANS ON RACIST SPEECH: THE VIEW FROM WITHOUT AND WITHIN Robert A. Sedler... |
1992 |
| Mark Hansen |
Tribal Jurisdiction over Social and Minor Crimes: the Only Feasible Resolution for Institutional Racism in Alaskan Criminal Law Enforcement |
78-NOV ABA Journal 42 (November, 1992) |
Jury trials have resumed in a small Texas town where an incident that sparked racial tensions in the community may have led to a stalemate between black and white jurors. Trials in Tyler, Texas, were suspended in mid-July after a jury deadlocked along racial lines in the trial of a black man charged with the robbery and sexual assault of a white; Search Snippet: ...November, 1992 Developments TRIALS SUSPENDED IN TYLER, TEXAS Judge Cites Racial Tensions As Reason For Two-Month Hiatus Mark Hansen Copyright... |
1992 |
| Frank Michelman |
University Hate Speech Codes: a Necessary Method in the Process of Eradicating the Universal Wrong of Racism |
27 Harvard Civil Rights-Civil Liberties Law Review 339 (Summer, 1992) |
Suppose the governors of a private university undertake to ban racially stigmatizing speech on campus. Racially stigmatizing speech is any expression of the idea that color marks a person as suspect in morals or ability, unworthy of first-class respect and consideration, or unfit for company and society. The governors see our world as one where; Search Snippet: ...of Civil Liberties: Where Do We Go From Here? UNIVERSITIES, RACIST SPEECH AND DEMOCRACY IN AMERICA: AN ESSAY FOR THE ACLU... |
1992 |
| Carolyn Holtschlag |
Voting Rights Act of 1965: Annexation and Racial Discrimination--city of Pleasant Grove V. United States, 107 S. Ct. 794 (1987) |
30 Duquesne Law Review 1025 (Summer, 1992) |
In 1990, an Ohio grand jury charged Larry Joe Powers, a white male, with two counts of aggravated murder and one count of attempted aggravated murder. Powers pleaded not guilty to all counts and exercised his right to a trial by jury. During voir dire, the prosecutor used a total of seven peremptory challenges to remove black veniremen from the; Search Snippet: ...DEFENDANT AND THE CHALLENGED JUROR DO NOT SHARE THE SAME RACIAL IDENTITY Carolyn Holtschlag Copyright (c) 1990-1991 by the Duquesne... |
1992 |