| Author | Title | Citation | Summary | Year |
| Donald E. Lively |
The Discrimination Inherent in America's Drug War: Hidden Racism Revealed by Examining the Hysteria over Crack |
21 Boston College Environmental Affairs Law Review 309 (Winter, 1994) |
Development of this article was supported by a research grant from the Institute of the Great Lakes and a Centers and Institutes Research Excellence Award from The University of Toledo. Racial separation, in varying ways and to varying degrees, is a well-established aspect of American society. Whether achieved through a system of formal; Search Snippet: ...Affairs Law Review Winter, 1994 THE DIMINISHING RELEVANCE OF RIGHTS: RACIAL DISPARITIES IN THE DISTRIBUTION OF LEAD EXPOSURE RISKS Donald E... |
1994 |
| Ripley Eagles Rand |
The Farmbelt Fuehrer: Consequences of Transnational Communication of Political and Racist Speech |
72 North Carolina Law Review 725 (March, 1994) |
It has been called ugly, grotesque, tortured, labyrinthine, even an offense to the sensibilities and a monstrosity. Although its detractors call it political pornography, likening it to an angry snake, a Rorschach ink-blot test, a ketchup splash, or a bug splat, its admirers call it a string of pearls. Whatever the applied; Search Snippet: ...THE FANCIED LINE: [FNa1] SHAW v. RENO AND THE CHIMERICAL RACIAL GERRYMANDER Ripley Eagles Rand Copyright (c) 1994 by the North... |
1994 |
| Paul Burstein, Mark Evan Edwards |
The Impact of Implicit Racial Bias on the Exercise of Prosecutorial Discretion |
28 Law and Society Review 79 (1994) |
What is the relationship between employment discrimination litigation and the relative earnings of blacks and whites in the United States? Do victories in court affect blacks' relative earnings? Are gains in earnings associated with legal victories enduring or temporary? Can litigation be an effective tactic in efforts at social reform? Data on... |
1994 |
| David Rudovsky |
The Impact of Virtual Reality on Implicit Racial Bias and Mock Legal Decisions |
1994 University of Chicago Legal Forum 237 (1994) |
Twelve years ago, President Reagan declared yet another War on Drugs. Today, after the expenditure of billions of dollars on a policy built primarily on the coercion and punishment of drug distributors and users, the War on Drugs has failed to reduce significantly, much less eliminate, drugs as a problem in our society. There have been scattered... |
1994 |
| Robert D. Bullard |
The Legacy of Racial Zoning in Birmingham, Alabama |
9 Saint John's Journal of Legal Commentary 445 (Spring, 1994) |
In the real world, some communities are located on the wrong side of the tracks and, as a result, receive different treatment. Where one lives can affect one's educational opportunity, quality of life, access to health care, and exposure to environmental threats. Discrimination is a chief cause of social, economic, and environmental inequities; Search Snippet: ...Environmental Activism Speaker THE LEGACY OF AMERICAN APARTHEID AND ENVIRONMENTAL RACISM Dr. Robert D. Bullard [FNa] Copyright (c) 1994 St. John's... |
1994 |
| Darryl K. Brown |
The Mixed-race Experience: Treatment of Racially Miscategorized Individuals under Title Vii |
1 Virginia Journal of Social Policy & The Law 445 (Spring, 1994) |
The last several decades have brought radical changes to notions of whether and how impartiality exists in juries, and the relevance of race, gender, and other demographic distinctions to those notions. Changes in the jurisprudence of juries have largely mirrored those shifts in consensus. The model impartial juror is no longer the middle-to-upper... |
1994 |
| Randall Kennedy |
The Statistical Evidence of Racial Profiling in Traffic Stops and Searches: Rethinking the Use of Statistics to Prove Discriminatory Intent |
107 Harvard Law Review 1255 (April, 1994) |
Crime is widely perceived as a major blight that decreases happiness, productivity, and security in the United States. Defining crimes and protecting people from criminality are central tasks that we assign to the state. Like many social ills, crime afflicts African-Americans with a special vengeance. African-Americans are considerably more likely; Search Snippet: ...Changing Images of the State THE STATE, CRIMINAL LAW, AND RACIAL DISCRIMINATION: A COMMENT Randall Kennedy [FNa1] Copyright (c) 1994 by... |
1994 |
| |
The Supreme Court's Post-Racial Turn Towards a Zero-sum Understanding of Equality |
44 American University Law Review Rev. 1 (October, 1994) |
Introduction. 1 I. The Rehnquist Court and Voting Rights. 2 II. Understanding Shaw v. Reno. 28 III. The Value of Majority-Minority Congressional Districts. 55 IV. Future Civil Rights Strategies and Alternative Voting Systems. 82 V. Luncheon Address by Julian Bond. 108 VI. Appendix I: Participants. 118 VII. Appendix II: Shaw v. Reno Bibliography; Search Snippet: ...American University Law Review October, 1994 Conference THE SUPREME COURT, RACIAL POLITICS, AND THE RIGHT TO VOTE: SHAW v. RENO AND... |
1994 |
| Benjamin R. Jacewicz, J.D. |
The Thirteenth Amendment as Basis for Racial Truth & Reconciliation |
92 West's Education Law Reporter 1075 (October, 1994) |
The University of North Carolina at Chapel Hill (UNCCH) has marked a point of convergence for race, the judiciary, and state higher education policy several times this century. While the school initially resisted the law's increasing demand for racial equality in public institutions, one of its recent efforts to embrace this principle also has... |
1994 |
| Randall Kennedy |
Tongue-tied in the Market: the Relevance of Contract Law to Racial-language Minorities |
11 Harvard BlackLetter Law Journal 145 (Spring, 1994) |
I despair of seeing an aristocracy disappear which is founded upon visible and indelible signs. Alexis de Tocqueville Alexis de Tocqueville's Democracy in America has been widely acknowledged as a masterwork of political sociology. Based largely on observations made by Tocqueville during a visit to America in 1831-1832, it offers more illuminating; Search Snippet: ...JOURNAL Harvard BlackLetter Law Journal Spring, 1994 Essay TOCQUEVILLE AND RACIAL CONFLICT IN AMERICA: A COMMENT [FNa1] Randall Kennedy [FNaa1] Copyright... |
1994 |
| David S. Rosettenstein |
TransRacial Adoption and the Unblinkable Difference: Racial Dissimilarity Serving the Interests of Adopted Children |
68 Saint John's Law Review 137 (Winter 1994) |
Introduction. 137 I. Demographic and Political Background. 140 A. Demographics. 140 B. Politics. 142 II. The Statutory Schemes. 145 III. The Best Interests of the Child. 149 A. As Perceived by the Social Sciences. 149 B. Within the Statutory Scheme -- and Despite It. 154 C. Within the Administrative Infrastructure. 158 IV. Constitutional Law; Search Snippet: ...JOHNS LAW REVIEW Saint John's Law Review Winter 1994 TRANS- RACIAL ADOPTION AND THE STATUTORY PREFERENCE SCHEMES: BEFORE THE BEST INTERESTS... |
1994 |
| Ning Chiu |
Understanding and Addressing the Common Roots of Racial Health Disparities: the Case of Cardiovascular Disease & Hiv/aids in African Americans |
26 New York University Journal of International Law & Politics 615 (Spring, 1994) |
This volume resulted from the 1984 trial of Ernst Zundel in Toronto. Zundel was indicted for distributing materials asserting that the Holocaust was a hoax. Since he was charged under an archaic law which prohibits spreading false news, each side was forced to prove whether or not the Holocaust actually occurred. Intrigued by this case, the editors... |
1994 |
| Nooshin Namazi, James H. Cahill |
Unmasking the Processes and Justifications That Lead to Environmental Racism: a Critique of Judicial Decision-making, Political and Public Ambivalence, and the Disproportionate Placement of Environmental and Land Use Burdens in Communities of Color |
10 Touro Law Review 561 (Winter, 1994) |
Introduction This Note was inspired by a series of hate motivated incidents that occurred at various colleges and universities over recent years. The painful impact of these incidents on the academic communities, coupled with the realization that these incidents extended across the country, compelled the writers to discuss the issue of hate speech; Search Snippet: ...METHOD IN THE PROCESS OF ERADICATING THE UNIVERSAL WRONG OF RACISM Nooshin Namazi James H. Cahill Copyright (c) 1994 by the... |
1994 |
| Bryan K. Fair |
Using Racism to Combat Racism: Fisher V. University of Texas at Austin |
45 Alabama Law Review 403 (Winter, 1994) |
With the publication of Nelle Harper Lee's timeless classic To Kill a Mockingbird in 1960, the lyrical songbird of the title had strong competition as critics and readers worldwide sang the praises of the young Alabama author and her (first and only to date) remarkable novel. Critics heralded Mockingbird as the best first novel of the year and... |
1994 |
| Julie C. Lythcott-Haims |
Where Have All the Lovings Gone?: the Continuing Relevance of the Movement for a MultiRacial Category and Racial Classification after Parents Involved in Community Schools V. Seattle School District No. 1 |
29 Harvard Civil Rights-Civil Liberties Law Review 531 (Summer, 1994) |
The transracial adoption debate in this country centers around the controversial practice of race-matching, whereby adoptable children wait in foster homes or institutions, sometimes for years, until parents of the same race as the child can be found. Most White children endure little or no wait because the number of White parents seeking to... |
1994 |
| Douglas C. McDonald, Kenneth E. Carlson |
Why France Needs to Collect Data on Racial Identity . . . in a French Way |
1994 Federal Sentencing Reporter 198753 (January 1, 1994) |
Although the intent of the Sentencing Reform Act of 1984 (SRA, hereafter) was to eliminate disparities in sentences imposed by federal judges, differences in imprisonment sentences received by black, white, and Hispanic offenders grew more pronounced after full implementation of the guidelines. That is, imprisonment sentences meted out to blacks; Search Snippet: ...Number 4 January/February, 1994 RACE AND SENTENCING WHY DID RACIAL/ETHNIC SENTENCING DIFFERENCES IN FEDERAL DISTRICT COURTS GROW LARGER UNDER... |
1994 |
| Erika George |
Words That Are Beyond Opprobrious: Racial Epithets and the Severity Element in Hostile Work Environment Claims |
11 Harvard BlackLetter Law Journal 221 (Spring, 1994) |
In the pre-dawn hours of a summer morning in 1990, an African American family woke to find a crudely constructed cross burning in their front lawn. Robert A. Viktora, a juvenile at the time of the incident, had assembled the cross and set it ablaze inside the yard of the African American family who had recently moved into the neighborhood. Viktora; Search Snippet: ...Publication WORDS AS STICKS AND STONES: NAMING THE HARM OF RACIST SPEECH Words that Wound: Critical Race Theory, Assaultive Speech, and... |
1994 |
| Margaret M. Russell |
A New Scholarly Song: Race, Storytelling, and the Law |
33 Santa Clara Law Review 1057 (1993) |
Faces at the Bottom of the Well: The Permanence of Racism by Professor Derrick Bell and The Alchemy of Race and Rights by Professor Patricia J. Williams are two unique outstanding recent books with quite a bit in common. Each is a collection of thematically intertwined essays about the pervasiveness of racism and lingering legacies of slavery in; Search Snippet: ...Faces at the Bottom of the Well: The Permanence of Racism , By Derrick Bell. New York, NY: BasicBooks, 1992. Pp. xiv... |
1993 |
| Kevin Brown |
A Reply to Derrick Bell's Racial Realism |
20 Hastings Constitutional Law Quarterly 783 (Spring, 1993) |
I agree with some of what Professor Cummings has written in his article . To begin with, I agree with Professor Cummings's assertion that Brown v. Board of Education (Brown I) was not, and that the constitutionality of gender-segregated education should not be, determined by social science evidence. I also agree that in the school desegregation; Search Snippet: ...Board of Education Essay A REPLY TO CUMMINGS: ARE THE RACIAL REALISTS FORCED TO EMBRACE THE LEGAL RATIONALE OF THE LIBERAL... |
1993 |
| James J. Hartnett |
African American College Football Players and the Dilemma of Exploitation, Racism and Education: a Socio-economic Analysis of Sports Law |
68 New York University Law Review 89 (April, 1993) |
The devastating riots in Los Angeles in 1992 caused America to focus, at least temporarily, on the intractable problems of the urban ghetto. Many of these problems, such as pervasive crime, widespread drug abuse, teenage pregnancy, and structural unemployment, have been much discussed, and various solutions have been proposed. However, a major; Search Snippet: ...ZONING, AND AMERICAN APARTHEID: USING TITLE VIII TO FOSTER STATEWIDE RACIAL INTEGRATION James J. Hartnett Copyright (c) 1993 by the New... |
1993 |
| Michael Heise |
An Examination of International Environmental Racism Through the Lens of Transboundary Movement of Hazardous Wastes |
24 Seton Hall Law Review 921 (1993) |
This Article focuses on an Equal Protection Clause issue raised by a conflict between an existing policy goal-school desegregation-and an emerging policy goal-school choice. This conflict is a result of school districts' use of racial ceilings in school choice programs, which operates to the detriment of a large number of black students. These... |
1993 |
| M. Shanara Gilbert |
An Uneasy Dance with Data: Racial Bias in Criminal Law |
67 Tulane Law Review 1855 (June, 1993) |
L1-2Introduction 1856 I. The Recent Cases. 1868 A. People v. Powell. 1868 B. State of Florida v. Lozano. 1877 C. State of Mississippi v. Beckwith. 1882 II. Constitutional Policy Sources of the Community's Interest: The Sixth Amendment's Fair Cross Section Requirement and the Fourteenth Amendment's Equal Protection Clause. 1887 A. The Sixth; Search Snippet: ...OF PREVENTION: A CONSTITUTIONAL PRESCRIPTION FOR CHOICE OF VENUE IN RACIALLY SENSITIVE CRIMINAL CASES M. Shanara Gilbert [FNa] Copyright (c) 1993... |
1993 |
| |
Angela Harris and the Racial Politics of Masculinity: Trayvon Martin, George Zimmerman, and the Dilemmas of Desiring Whiteness |
106 Harvard Law Review 1358 (April, 1993) |
The faces in the title of Professor Derrick Bell's new book are those of poor African Americans, stranded at the bottom of society's well. Poor whites, who stand only slightly higher, refuse to join forces with their black counterparts in an effort to escape their common plight. Instead, by keeping African Americans in their lowly position,... |
1993 |
| Cheryl I. Harris |
Benign Neglect of Racism in the Criminal Justice System |
60 University of Chicago Law Review 783 (Spring, 1993) |
Blues is an impulse to keep the painful details and episodes of a brutal experience alive in one's aching consciousness, to finger its jagged grain, and to transcend it, not by the consolation of philosophy but by squeezing from it a near-tragic, near-comic lyricism. Ralph Ellison, Shadow and Act. What is wrong with Derrick Bell? What has happened; Search Snippet: ...Faces at the Bottom of the Well: The Permanence of Racism. Derrick Bell Basic Books, 1992. Pp. ix, 222. Cheryl I... |
1993 |
| Andrew G. Gordon |
Beyond Batson: Challenging Systemic Racism at Every Level |
62 Fordham Law Review 685 (December, 1993) |
Recently, a jury found Henry Watson and Damian Williams not guilty of attempted murder. The two black men had attacked a white truck driver named Reginald Denny at an intersection in Los Angeles during the infamous riots which consumed that city in April, 1992. Those riots had followed the acquittals of four white police officers who, themselves,; Search Snippet: ...Note BEYOND BATSON v. KENTUCKY: A PROPOSED ETHICAL RULE PROHIBITING RACIAL DISCRIMINATION IN JURY SELECTION Andrew G. Gordon Copyright (c) 1993... |
1993 |
| Ian Forbes , Geoffrey Mead |
Comparative Racialization: Racial Profiling and the Case of Wen Ho Lee |
14 Comparative Labor Law Journal 403 (Summer, 1993) |
This article provides an informed and critical overview of the law, policies, and practises relating to discrimination in employment on the basis of colour in the member countries of the European Community (EC or the Community). The country-by-country review of measures to combat racial discrimination is preceded by two examinations. The first... |
1993 |
| Cheryl A. O'Brien |
Constitutional Law--personal Rights: Civil--state Court's Award of Damages for Breach of Racial Restrictive Covenant Does Not Violate Fourteenth Amendment |
15 Western New England Law Review 315 (1993) |
The use of peremptory challenges in jury trials dates back to the early days of English common law, which allowed a defendant on trial for a felony to challenge thirty-five jurors and the prosecutor to challenge an unlimited number of jurors peremptorily. However, because the prosecutor's unlimited number of peremptory challenges resulted in... |
1993 |
| 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 |