| Author | Title | Citation | Summary | Year |
| Debra L. Alligood |
When the Whites Go Marching In? Racism and Resistance in English Football |
40 UCLA Law Review 199 (October, 1992) |
In the midst of turbulent racial conflict throughout the nation, the Ninetieth Congress of the United States enacted the Fair Housing Act of 1968. The Act leveled a broad-based attack against those activities that tended to create and perpetuate the racially segregated housing patterns thought to have aggravated, if not provoked, the unrest of the; Search Snippet: ...A PROPOSAL FOR PRINCIPAL MEDIA LIABILITY FOR THE PUBLICATION OF RACIALLY EXCLUSIONARY REAL ESTATE ADVERTISEMENTS Debra L. Alligood [FNa] Copyright ©... |
1992 |
| Binny Miller |
Who Tells Your Story: the Legality of and Shift in Racial Preferences Within Casting Practices |
102 Yale Law Journal 105 (October, 1992) |
Introduction I. Legislative Delegations: A Functional Analysis A. Racial Politics B. Origins of Delegations C. Contemporary Developments 1. Local Government Powers 2. Procedures for Passing Local Legislation 3. The Richmond County, Georgia Delegation II. Themes in Voting Rights Jurisprudence A. Election Procedures: Formal Barriers to Participation; Search Snippet: ...October, 1992 WHO SHALL RULE AND GOVERN? LOCAL LEGISLATIVE DELEGATIONS, RACIAL POLITICS, AND THE VOTING RIGHTS ACT [FNa1] Binny Miller [FNd1... |
1992 |
| Stephen M. Feldman |
Whren at Twenty: Systemic Racial Bias and the Criminal Justice System |
80 Georgetown Law Journal 1835 (June, 1992) |
I'm for truth, no matter who tells it. I'm for justice, no matter who it is for or against. I'm a human being first and foremost, and as such I'm for whoever and whatever benefits humanity as a whole. Malcolm X I have the audacity to believe that peoples everywhere can have three meals a day for their bodies, education and culture for their minds,; Search Snippet: ...Theory and Public Law - Part II Colloquy WHOSE COMMON GOOD? RACISM IN THE POLITICAL COMMUNITY Stephen M. Feldman [FNa] Copyright ©... |
1992 |
| Richard Delgado |
Zero-based Racial Politics: an Evaluation of Three Best-case Arguments on Behalf of the Nonwhite Underclass |
80 Georgetown Law Journal 1879 (June, 1992) |
In Zero-Based Racial Politics: An Evaluation of Three Best-Case Arguments on Behalf of the Nonwhite Underclass, I addressed the question, with which of three political factions ought the nonwhite poor align themselves? I used the term zero-based in the title to focus the inquiry on what course of action would be best for that beleaguered group if; Search Snippet: ...AND AN INFINITY-BASED RESPONSE: WILL ENDLESS TALKING CURE AMERICA'S RACIAL ILLS? Richard Delgado [FNa] Copyright (c) 1992 by The Georgetown... |
1992 |
| Richard Delgado |
Can a Jury Believe My Eyes, and Should Courts Let Experts Tell Them Why Not: the Admissibility of Expert Testimony on Cross-Racial Eyewitness Identification in New York after People V. Young |
85 Northwestern University Law Review 343 (Winter, 1991) |
Over the past few years, nearly two hundred university and college campuses have experienced racial unrest serious or graphic enough to be reported in the press. Most observers believe the increase in racial tension on the nation's campuses is real, and not just the product of better reporting or record keeping. In response, a number of campuses; Search Snippet: ...REVIEW Northwestern University Law Review Winter, 1991 Legal Theory CAMPUS ANTIRACISM RULES: CONSTITUTIONAL NARRATIVES IN COLLISION Richard Delgado [FNa] Copyright 1991... |
1991 |
| Allan H. Macurdy |
Classification, Promotion and Racial Discrimination |
18 New York University Review of Law and Social Change 987 (1990/1991) |
Introduction I. The Return to Formalism: Patterson v. McLean Credit Union II. Race and Contracting in the Post-Civil War Era A. Free Labor Ideology and the Rise of Classical Formalism B. Contract Doctrine, Freedmen, and Economic Exploitation III. The Statutory Imposition of a Contractual Right to Nondiscrimination IV. Toward a Relationalist; Search Snippet: ...Review of Law and Social Change 1990/1991 CLASSICAL NOSTALGIA: RACISM, CONTRACT IDEOLOGY, AND FORMALIST LEGAL REASONING IN PATTERSON v. MCLEAN... |
1991 |
| Evelyn Nakano Glenn |
Clifford V. Commonwealth: Admission of Racial Voice Identification Testimony, Regressive or Progressive? |
43 Stanford Law Review 1333 (July, 1991) |
With the recent surge in public attention to the feminization of poverty, feminist policy analysts have tended to subsume the economic privations of women of color under the general rubric of problems of working women. Indeed, recent economic trends provide some support for the argument that gender inequity at work has become the crossroads at... |
1991 |
| Robert A. Williams, Jr. |
Combating the Effects of Racial Stereotyping in Criminal Cases |
8 Arizona Journal of International & Comparative Law 51 (1991) |
Our encounter with Columbus's legacy in this quincentenary year reveals more about ourselves than about our historical understanding of the itinerant explorer who inaugurated the European colonization of the New World. The quincentennial themes that we choose to address speak to our own sense of individual responsibility to engage the collective; Search Snippet: ...to Self-Determination COLUMBUS'S LEGACY: LAW AS AN INSTRUMENT OF RACIAL DISCRIMINATION AGAINST INDIGENOUS PEOPLES' RIGHTS OF SELF-DETERMINATION Robert A... |
1991 |
| Randall L. Kennedy |
Competing Narratives, Competing Jurisprudences: Are Law Schools Racist? And the Case for an Integral Critical Approach to Thinking, Talking, Writing, and Teaching about Race |
14 Harvard Journal of Law & Public Policy 93 (Winter, 1991) |
In his introduction to this panel on competing conceptions of racial discrimination, Lawrence Siskind remarks that the 1960s marked a period of relatively easy moral identification. Looking back at what he calls the Romantic Age of Civil Rights, Siskind claims that it was easy to distinguish the heroes from the villains. On the one hand, there; Search Snippet: ...Test--Forced Quotas or Elimination of Racism? COMPETING CONCEPTIONS OF RACIAL DISCRIMINATION: A RESPONSE TO COOPER AND GRAGLIA Randall L. Kennedy... |
1991 |
| Captain Wells |
Damages - Mental Distress - Damages Recoverable for Mental Distress Resulting from Racial Discrimination in Housing Rental. - Gray V. Serruto Builders, Inc., 110 N.j. Super. 297, 265 A.2d 404 (Ch. 1970) |
1991-JUL Army Lawyer 16 (July, 1991) |
The Supreme Court's decision in Powers v. Ohio establishes a new safeguard against racism in civilian jury selection and should prove valuable to military jurisprudence as well. Although accused soldiers continue to lack the sixth amendment right to trial by a representative cross-section of the population, the decision in Powers should prohibit... |
1991 |
| L. Anita Richardson |
Dead Hands and State Actors: the Racially Discriminatory Charitable Trust in Hermitage Methodist Homes |
1991-92 Preview of United States Supreme Court Cases 73 (November 22, 1991) |
The Eighth Amendment prohibits cruel and unusual punishment. The U.S. Supreme Court has held that the death penalty is not cruel and unusual punishment for certain categories of murder so long as it is imposed as a reasoned moral response to the circumstances of the capital offense and the character and background of the offender. See, e.g., Penry... |
1991 |
| Joel H. Swift |
Defending Profiling While Combating Racism: a Companion to Ogletree's 'Presumption of Guilt' |
22 Columbia Human Rights Law Review 177 (Spring, 1991) |
In a recent issue of the Harvard Law Review, Professor Katherine Goldwasser expresses the view that racism in a judicial proceeding, when practiced through the exercise of a peremptory challenge by a criminal defendant, does not violate the equal protection clause of the fourteenth amendment to the United States Constitution. This Article argues; Search Snippet: ...LAW REVIEW Columbia Human Rights Law Review Spring, 1991 DEFENDANTS, RACISM AND THE PEREMPTORY CHALLENGE: A REPLY TO PROFESSOR GOLDWASSER Joel... |
1991 |
| Robert A. Sedler |
Doe V. University of Michigan, District Court Strikes down University Policy Against Racial Harassment on Grounds of Vagueness and Overbreadth. |
37 Wayne Law Review 1325 (Spring, 1991) |
In reading the numerous law review articles advocating some form of restriction for racist speech on campus, I am struck by the difference between how campus bans on racist speech are analyzed by academic commentators and by lawyers and judges in the context of actual litigation. Academic commentators typically justify restricting racist; Search Snippet: ...Michigan DOE v. UNIVERSITY OF MICHIGAN AND CAMPUS BANS ON RACIST SPEECH: THE VIEW FROM WITHIN Robert A. Sedler [FNd1] Copyright... |
1991 |
| Timothy B. Zollinger |
Does Decisional Law Grant Whites Fewer Political Rights under the Fourteenth Amendment than it Grants to Racial Minorities?: a Response to Vikram D. Amar and Evan H. Caminker |
12 Northern Illinois University Law Review 159 (Fall, 1991) |
In all instances the University authorities should act with maximum constraint, even in the face of obvious bad taste or provocation. The belief that some opinion is pernicious, false, or in any other way detested cannot be grounds for its suppression. Incidents of racial harassment and violence are occurring with frequency on college and; Search Snippet: ...UNIVERSITY OF MICHIGAN, DISTRICT COURT STRIKES DOWN UNIVERSITY POLICY AGAINST RACIAL HARASSMENT ON GROUNDS OF VAGUENESS AND OVERBREADTH. Timothy B. Zollinger... |
1991 |
| Richard Delgado |
Enslaved by Words: Legalities & Limitations of "Post-Racial" Language |
91 Columbia Law Review 1547 (October, 1991) |
Much recent writing about race and civil rights falls squarely within what I might call the classic-liberal mode. This writing, generally highly normative and rights-based in nature but cautiously incremental in scope and ambition, criticizes Supreme Court opinions, decries our recent inattention to the plight of women and persons of color, and; Search Snippet: ...RACE AND WE ARE NOT SAVED: THE ELUSIVE QUEST FOR RACIAL JUSTICE. BY DERRICK BELL. NEW YORK: BASIC BOOKS, 1987. PP... |
1991 |
| Michael A. Olivas |
Federal Taxation-charitable Contributions and Tax-exemptions-educational Institutions Which Racially Discriminate Shall Not Be Afforded Charitable Deductions or Tax-exempt Status Because Such Practices Are Contrary to Public Policy. Bob Jones University V |
18 Journal of College and University Law 21 (Summer, 1991) |
In a politically adroit attempt to justify their decision to play in Arizona's Fiesta Bowl, officials of the University of Louisville announced their intention to dedicate their share of the proceeds to campus minority programs and scholarships. To counter the controversy over Arizona voters' rejection of a state holiday honoring Dr. Martin Luther; Search Snippet: ...ESSAY ON THE OFFICE FOR CIVIL RIGHTS, TITLE VI, AND RACIAL RESTRICTIONS Michael A. Olivas [FNa] Copyright (c) 1991 by the... |
1991 |
| Armando O. Bonilla |
First Amendment-Racist and Sexist Expression on Campus-court Strikes down University Limits on Hate Speech.-doe V. University of Michigan, 721 F.supp. 852 (E.d.mich.1989) |
1 Seton Hall Constitutional Law Journal 451 (Spring, 1991) |
The first amendment to the United States Constitution provides in part that Congress shall make no law . abridging the freedom of speech. This amendment, however, has never been interpreted to provide absolute protection of individual expression. Legislators have thus attempted to pass a variety of laws that circumvent, to some degree, the... |
1991 |
| Stefan B. Tahmassebi |
Guns, Drugs, and Profiling: Ways to Target Guns and Minimize Racial Profiling |
2 George Mason University Civil Rights Law Journal 67 (Summer, 1991) |
That all such free Mulattoes, Negroes and Indians . shall appear without arms The history of gun control in America possesses an ugly component: discrimination and oppression of blacks, other racial and ethnic minorities, immigrants, and other unwanted elements, including union organizers and agrarian reformers. Firearms laws were often enacted; Search Snippet: ...University Civil Rights Law Journal Summer, 1991 GUN CONTROL AND RACISM Stefan B. Tahmassebi [FNa] Copyright 1991 by the CRLJ Association... |
1991 |
| Ronald J. Tabak |
Is Resistance to Foreign Law Rooted in Racism? |
18 New York University Review of Law and Social Change 777 (1990/1991) |
I. There Is a National Pattern of Racial Discrimination in Capital Sentencing Based on the Race of the Victim A. Numerous Studies and the GAO's Report Show That This Pattern Exists B. Several Recent Examples Illustrate How Racial Discrimination Infects Particular Death Penalty Cases II. Legislation Is Needed to Afford Redress for Racial; Search Snippet: ...1991 Challenging the Death Penalty: A Colloquium Part Two IS RACISM IRRELEVANT? OR SHOULD THE FAIRNESS IN DEATH SENTENCING ACT BE ENACTED TO SUBSTANTIALLY DIMINISH RACIAL DISCRIMINATION IN CAPITAL SENTENCING? [FNa1] Ronald J. Tabak [FNaa1] Copyright... |
1991 |
| Amanda Robinson |
Metro Broadcasting, Inc. V. Fcc: the Constitutionality of the Fcc's Use of Racial Classifications |
42 Mercer Law Review 1623 (Summer, 1991) |
In Metro Broadcasting, Inc. v. FCC, the Supreme Court addressed whether two minority preference programs of the Federal Communications Commission (the Commission) were consistent with the fifth amendment principle of equal protection. The majority, in an opinion written by Justice Brennan, held that the programs, one awarding an advantage to; Search Snippet: ...Annual Eleventh Circuit Survey METRO BROADCASTING, INC. v. FCC: ARE RACIAL CLASSIFICATIONS NO LONGER SUBJECT TO STRICT SCRUTINY? Amanda Robinson Copyright... |
1991 |
| William P. Langdale, III |
Michael Meyers |
25 Georgia Law Review 535 (Winter, 1991) |
In the Communications Act of 1934, Congress delegated to the Federal Communications Commission (FCC) the exclusive authority to grant broadcast licenses to persons wanting to build and operate a radio or television station based on public convenience, interest, or necessity. Pursuant to this authority, the FCC attempted to increase the diversity; Search Snippet: ...INC. v. FCC: THE CONSTITUTIONALITY OF THE FCC'S USE OF RACIAL CLASSIFICATIONS William P. Langdale, III Copyright 1991 by the Georgia... |
1991 |
| Mary E. Becker |
Negotiating the New Political and Racial Environment |
79 Georgetown Law Journal 1659 (August, 1991) |
As a result of many advantages, white men earn significantly more than women and minorities, especially minority women. Women with college educations earn less than men with high school educations. Comparisons of wages for full time white male workers and minority women are especially dramatic. For example, African-American women workers earned; Search Snippet: ...NEEDED IN THE NINETIES: IMPROVED INDIVIDUAL AND STRUCTURAL REMEDIES FOR RACIAL AND SEXUAL DISADVANTAGES IN EMPLOYMENT Mary E. Becker [FNa] Copyright... |
1991 |
| Lani Guinier |
Norbert Finzsch and Dietmar Schirmer, Eds., Identity and Intolerance: Nationalism, Racism and Xenophobia in Germany and the United States, Cambridge: Cambridge University Press, 1998. Pp. Xxxix + 422. $69.95 (Isbn 0-521-59158-9). |
77 Virginia Law Review 1413 (November, 1991) |
INTRODUCTION I. THE CONVENTIONAL VOTING RIGHTS LITIGATION MODEL A. The Political Equality and Political Empowerment Norms B. Dilution as Geographic Submergence C. The Remedy for Dilution D. The Districting Rationale as an Empowerment Theory II. THE IMPLICATIONS OF SINGLE-MEMBER DISTRICTING FOR BLACK POLITICAL INFLUENCE AND PARTICIPATION A. The; Search Snippet: ...Party, a grass-roots insurgency group formed to challenge the racially exclusionary practices of the regular Mississippi Democrats. See Frances Lee... |
1991 |
| Carole E. Goldberg-Ambrose |
Not Gay Enough for the Government: Racial and Sexual Stereotypes in Sexual Orientation Asylum Cases |
39 UCLA Law Review 169 (October, 1991) |
According to the Supreme Court, federal legislation singling out Indian tribes and tribal Indians for separate treatment creates political rather than racial categories. Hence, equal protection review need not entail the strict scrutiny usually applied to racial classifications. David Williams challenges this oft-repeated doctrine in his recent; Search Snippet: ...LAW REVIEW UCLA Law Review October, 1991 Discussion NOT STRICTLY RACIAL: A RESPONSE TO INDIANS AS PEOPLES Carole E. Goldberg-Ambrose... |
1991 |
| Trina Grillo , Stephanie M. Wildman |
Obstacles and Wrong Turns on the Road from Brown: Milliken V. Bradley and the Quest for Racial Diversity in Education |
1991 Duke Law Journal 397 (April, 1991) |
Between the time when the Duke Law Journal first solicited this Essay and the present, one of the authors, Trina Grillo, who is of Afro-Cuban and Italian descent, was diagnosed as having Hodgkin's Disease (a form of cancer) and has undergone radiation therapy. In talking about this experience she said that cancer has become the first filter; Search Snippet: ...THE IMPORTANCE OF RACE: THE IMPLICATION OF MAKING COMPARISONS BETWEEN RACISM AND SEXISM (OR OTHER - ISMS) Trina Grillo [FNa] Stephanie M... |
1991 |
| Robert E. Suggs |
Racial Discrimination in Contract Performance: Patterson and a State Law Alternative |
42 Hastings Law Journal 1257 (July, 1991) |
The Supreme Court in City of Richmond v. J.A. Croson Co. invalidated a municipal minority business set-aside program on equal protection grounds, casting into doubt the legal status of all set-asides. For the first time a majority of the Court applied strict scrutiny to a legislative racial classification which benefited rather than burdened... |
1991 |
| J. Peter Byrne |
Racial Insults: "Keep Thy Tongue from Evil" |
79 Georgetown Law Journal 399 (February, 1991) |
For several years universities have been troubled by disturbing incidents of racial insults and harassment. Most often, these incidents involve verbal or symbolic abuse of black students by white students at predominantly white schools, often some of the nation's most elite universities. University administrators and faculty have uniformly; Search Snippet: ...WL 342521 GEORGETOWN LAW JOURNAL Georgetown Law Journal February, 1991 RACIAL INSULTS AND FREE SPEECH WITHIN THE UNIVERSITY J. Peter Byrne... |
1991 |
| Michael Andrew Tesner |
Racial Passing |
11 Boston College Third World Law Journal 307 (Summer, 1991) |
On December 22, 1984, four black youths rode together in the rear portion of a New York City subway car. At 14th Street in Manhattan, a lone white man boarded the train and sat down on a bench in the vicinity of the four youths. As the train began moving, two of the four youths approached the lone stranger, one of them requesting that he give them; Search Snippet: ...JOURNAL Boston College Third World Law Journal Summer, 1991 Note RACIAL PARANOIA AS A DEFENSE TO CRIMES OF VIOLENCE: AN EMERGING... |
1991 |
| M. Shanara Gilbert |
Racism and Social Control in Detroit, 1900-1967 |
18 New York University Review of Law and Social Change 51 (1990/1991) |
Preface I. Racism in Death Sentencing: Constitutionally Acceptable II. Turning to Congress for Fairness: The Racial Justice Act III. The Government's Special Protectorate?: The Disparate Impact of Death Penalty Legislation Upon Native Americans IV. Speeding Up Executions: Judicial and Congressional Limits on Access to the Courts for Death Row; Search Snippet: ...Daily Life: Who Will The Court Protect in the 1990s? RACISM AND RETRENCHMENT IN CAPITAL SENTENCING: JUDICIAL AND CONGRESSIONAL HASTE TOWARD... |
1991 |
| Derrick Bell |
Racism Is in the Air: the Fcc's Mandate to Protect Minorities from Getting Shortchanged by Advertisers |
35 Howard Law Journal 79 (Fall, 1991) |
You cannot possibly wish more than I that current events give less vivid legitimacy to my seemingly gloomy title. Unfortunately, it will not require great skill to show that the current status of black people, considered in the light of our history, more than justifies a conclusion that: Racism Is Here To Stay. More difficult, but I think more... |
1991 |
| Patricia Hodulik |
Racist Speech on Campus: a Title Vii Solution to a First Amendment Problem |
37 Wayne Law Review 1433 (Spring, 1991) |
The increasing frequency of racist speech and other forms of discriminatory conduct on college campuses has led many colleges and universities to adopt or to consider adopting student conduct rules prohibiting such behavior. The University of Michigan was among the first to attempt this kind of regulation, only to have its policy struck down as... |
1991 |
| Robert C. Post |
Racist Speech, Outsider Jurisprudence, and the Meaning of America |
32 William and Mary Law Review 267 (Winter, 1991) |
The curse of racism continues to haunt the Nation. Everywhere we face its devastation, the bitter legacy of, in William Lloyd Garrison's prophetic words, our covenant with death and . . . agreement with Hell. This is the living consequence of the history that has produced us. We cannot overcome that history without changing ourselves and; Search Snippet: ...Winter, 1991 Symposium: Free Speech and Religious, Racial, and SexualHarassment RACIST SPEECH, DEMOCRACY, AND THE FIRST AMENDMENT Robert C. Post [Fna... |
1991 |
| David Rosenberg |
Racist Stereotype Threat in Civil Rights Law |
76 Cornell Law Review 549 (January, 1991) |
It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. Malcolm X used to talk about the need for young people to learn how language works, how to dissect it, how to use it as both a shield and a sword. Above all he thought, blacks should not be fearful of; Search Snippet: ...348143 CORNELL LAW REVIEW Cornell Law Review January, 1991 Note RACIST SPEECH, THE FIRST AMENDMENT, AND PUBLIC UNIVERSITIES: TAKING A STAND... |
1991 |
| Ernest A. Young |
Rehnquist, Racism, and Race Jurisprudence |
14 Harvard Journal of Law & Public Policy 903 (Summer, 1991) |
Judicial treatment of extremist speech under the First Amendment has traditionally held fast to two related principles: a refusal to evaluate the ideas expressed on their merits, and a refusal to deny protection for those ideas because of their tendency to offend others. Because they safeguard the rights of unpopular groups to criticize the; Search Snippet: ...of Law & Public Policy Summer, 1991 Recent Developments REGULATION OF RACIST SPEECH: IN RE WELFARE OF R.A.V., 464 N.W.2D 507... |
1991 |
| Mary Ellen Gale |
Reinforcing Batson Defining the Peculiar: Racial Profiling as an Impermissible Ground for Peremptory Challenge |
65 Saint John's Law Review 119 (Winter, 1991) |
Racism still haunts American life. Like Banquo's ghost, it is the silent witness at our national banquet, the horrible shadow that should compel memory and remorse. But most white Americans don't see it. Like Macbeth's guests, we consume the feast and don't ask questions about those who are missing from the table. Like Macbeth, even when we can; Search Snippet: ...of Rights (1791-1991) -- Law & Race REIMAGINING THE FIRST AMENDMENT: RACIST SPEECH AND EQUAL LIBERTY Mary Ellen Gale [FNaa1] Copyright 1991... |
1991 |
| Rachel D. Godsil |
Remedying Racial Profiling |
90 Michigan Law Review 394 (November, 1991) |
In 1982, protesters applied the techniques of nonviolent civil disobedience to a newly recognized form of racial discrimination. The protesters, both black and white, attempted to prevent the siting of a polychlorinated biphenyl (PCB) landfill in predominantly black Warren County, North Carolina. In the end, the campaign failed. Nonetheless, it; Search Snippet: ...LAW REVIEW Michigan Law Review November, 1991 Note REMEDYING ENVIRONMENTAL RACISM Rachel D. Godsil Copyright 1991 by the Michigan Law Review... |
1991 |
| Jordan J. Paust |
Rescinding Admission Offers in Higher Education: the Clash Between Free Speech and Institutional Academic Freedom When Prospective Students' Racist Posts Are Exposed |
43 Rutgers Law Review 565 (Spring, 1991) |
While addressing racist speech and its consequences, Professor Mari Matsuda has made an eloquent appeal for an imaginative rereading of the first amendment and the creation of an exception to absolutist free speech principles for racist hate speech. Part of her plea involves directing attention to global trends under the mantle of the 1965... |
1991 |
| Kathleen Ann Kirby |
Showing On-field Racism the Red Card: How the Use of Tort Law and Vicarious Liabiliy Can Save the Mls from Joining the English Premier League on Racism Row |
40 Catholic University Law Review 403 (Winter, 1991) |
For nearly two decades, Americans witnessed affirmative efforts throughout society to increase both educational and vocational opportunities for minority groups. During those same twenty years, Congress, governmental agencies, and federal courts labored to exact the constitutional limits on efforts to integrate minorities into society's mainstream; Search Snippet: ...METRO BROADCASTING, INC. v. FCC TRANSMITS A SURPRISING MESSAGE ON RACIAL PREFERENCES Kathleen Ann Kirby Copyright 1991 by the Catholic University... |
1991 |
| David Goldberger |
Sources of Racial Disenfranchisement in the Jury and Jury Selection System |
56 Brooklyn Law Review 1165 (Winter, 1991) |
The heated debate over whether the first amendment protects racist, sexist, and ethnically offensive speech has moved to the fore once again. During the 1940s, Father Terminiello, a suspended priest, was prosecuted for making a speech in which he railed against atheistic communists, Jewish or Zionist Jews. During the 1950s, the leader of the... |
1991 |
| Henry W. Saad |
The Case of the Vanishing Protected Class: Reflections on Reverse Discrimination, Affirmative Action, and Racial Balancing |
37 Wayne Law Review 1351 (Spring, 1991) |
Racial epithets and invectives-vituperative, vicious, personal attacks in the classroom (or other essential learning centers such as laboratories, libraries, etc.) can and should be restricted by a university as part of its constitutional mandate to provide equal educational opportunities. To argue that a university must be silent in the face of; Search Snippet: ...Doe v. University of Michigan THE CASE FOR PROHIBITIONS OF RACIAL EPITHETS IN THE UNIVERSITY CLASSROOM Henry W. Saad [FNd] Copyright... |
1991 |
| Gregory L. Lippetz |
The Death Penalty and the Politics of Racial Resentment in the Post Civil Rights Era |
25 University of San Francisco Law Review 627 (Spring, 1991) |
THE FIRST AMENDMENT'S restrictions on content-neutral regulation of speech have never been clearly or consistently interpreted by the United States Supreme Court. This has forced commentators to try to develop a coherent set of rules to predict the validity of such regulations. Originally, the Court in United States v. O'Brien created what appeared... |
1991 |
| Robert M. O'Connell |
The Elusive Quest for Equity: an Analysis of How Contextual Factors Contribute to the Likelihood of School Districts Being Legally Cited for Racial Disproportionality in Special Education |
32 Boston College Law Review 433 (March, 1991) |
Since the adoption of the fourteenth amendment to the United States Constitution, it has fallen largely upon the federal courts to enforce its guarantees of due process and equal protection to all persons regardless of race. Yet state and federal courts still employ a procedure, the peremptory challenge, which permits litigants to exclude citizens; Search Snippet: ...Boston College Law Review March, 1991 Note THE ELIMINATION OF RACISM FROM JURY SELECTION: CHALLENGING THE PEREMPTORY CHALLENGE Robert M. O'Connell... |
1991 |
| Leroy D. Clark |
The Law and Economics of Racial Discrimination in Employment: the Case for Numerical Standards |
79 Georgetown Law Journal 1695 (August, 1991) |
Professor David Strauss's article is a thoughtful, carefully developed economic analysis of current prospects for efficient enforcement of the laws prohibiting racial discrimination in employment. After canvassing various theories of discrimination, Strauss concludes that severe limitations exist in applying to modern conditions legal concepts; Search Snippet: ...of Racial Discrimination in Employment THE LAW AND ECONOMICS OF RACIAL DISCRIMINATION IN EMPLOYMENT BY DAVID A. STRAUSS Leroy D. Clark... |
1991 |
| David A. Strauss |
The Law and Economics of Racial Profiling: New Jersey's Racial Profiling Statute of 2003 |
79 Georgetown Law Journal 1619 (August, 1991) |
The Civil Rights Act of 1964 marked, and surely contributed to, a dramatic change in the accepted view of racial discrimination. Within a decade after the Act was passed, the consensus in favor of some form of civil rights laws, and against racial discrimination, became virtually beyond challenge in mainstream political debate. In the mid-1950s; Search Snippet: ...of Racial Discrimination in Employment THE LAW AND ECONOMICS OF RACIAL DISCRIMINATION IN EMPLOYMENT: THE CASE FOR NUMERICAL STANDARDS David A... |
1991 |
| Michael Jordan |
The No Child Left Behind Act of 2001: the Triumph of School Choice over Racial Desegregation |
24 Connecticut Law Review 55 (Fall, 1991) |
PRIOR to the 1935 passage of the Wagner Act, the relationship between labor and management was stormy. Contemporaneous with this history of conflict was the conflict within labor between blacks and whites. The period was marked by intense competition between workers, as well as by efforts of employers to use black workers as a weapon against white; Search Snippet: ...CONNECTICUT LAW REVIEW Connecticut Law Review Fall, 1991 THE NLRB RACIAL DISCRIMINATION DECISIONS, 1935-1964: THE EMPIRIC PROCESS OF ADMINISTRATION AND THE INNER EYE OF RACISM Michael Jordan [FNa] Copyright (c) 1991 by the Connecticut Law... |
1991 |
| James Morsch |
The Profitability of Racism: Discriminatory Design in the Carceral State |
82 Journal of Criminal Law and Criminology 659 (Fall, 1991) |
Fourty-eight incidents of violence, harrassment, or intimidation of Arab-Americans occurred in the first month of Operation Desert Storm. These incidents are part of a pattern of hate crime activity which began in the 1980's and continues to date. While the exact scope of hate crime activity nationwide is unclear , state and federal authorities,; Search Snippet: ...OF MOTIVE IN HATE CRIMES: THE ARGUMENT AGAINST PRESUMPTIONS OF RACIAL MOTIVATION James Morsch Copyright (c) 1992 by the Northwestern University... |
1991 |
| Eric D. Bender |
The Voices of Silence: Cognition, Culture, and Racism |
59 University of Cincinnati Law Review 871 (1991) |
Though many people may want to believe otherwise, racism is not a provincial phenomenon. A rash of symptoms from this social disease has recently afflicted Cincinnati, for example, a town poised at the crossroads between the North and South. Racist incidents in local high schools, colleges, and neighborhoods have caused a corresponding increase of... |
1991 |
| Lino A. Graglia |
Title Vii: How Recent Developments in the Law of Sexual Harassment Apply with Equal Force to Claims of Racial Harassment |
14 Harvard Journal of Law & Public Policy 68 (Winter, 1991) |
The modern law of racial discrimination began with the Supreme Court's decision in Brown v. Board of Education of Topeka, which prohibited compulsory racial segregation in public schools. It soon became clear that Brown stood for the principle that all racial discrimination by government is unconstitutional. The principle that government should not... |
1991 |
| Michael H. Gottesman |
Twenty-first Century Social Science on School Racial Diversity and Educational Outcomes |
79 Georgetown Law Journal 1737 (August, 1991) |
David Strauss has presented a provocative and penetrating case for governmental imposition of racial quotas throughout American employment. I accept many of the premises upon which he builds that case. But I am skeptical that those premises justify the sweeping conclusion he reaches. In this paper, I shall attempt to identify the sources of my; Search Snippet: ...Discrimination in Employment TWELVE TOPICS TO CONSIDER BEFORE OPTING FOR RACIAL QUOTAS Michael H. Gottesman [FNa] Copyright 1991 by the Georgetown... |
1991 |
| William H. Lash III |
Unwrapping Racial Harassment Law |
13 Michigan Journal of International Law 1 (Fall, 1991) |
From the acquisition of Rockefeller Center's radio tower to the purchase of the manicured greens of Pebble Beach golf course, foreign direct investment in the United States has captured the attention and imagination of the U.S. public and its elected officials. Many Americans do not welcome the current wave of foreign direct investment, despite the; Search Snippet: ...LAW Michigan Journal of International Law Fall, 1991 UNWELCOME IMPORTS: RACISM, SEXISM, AND FOREIGN INVESTMENT William H. Lash III [FNa] Copyright... |
1991 |