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Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji Oct 1998

Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji

Florida State University Law Review

No abstract provided.

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Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

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Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding Apr 1998

Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding

University of Michigan Journal of Law Reform

The speech of many black Americans is marked by phrases such as 'we be writin"' or "we don't have no problems." Because most listeners consider such "Black English" speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative reactions to Black English because it makes sense to allow employers to insist that employees use correct grammar.

This article argues against this common sense understanding of Black English as bad grammar. The author first analyzes the extent of the job market disadvantages faced by Black English speakers …

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Catch Me If You Can! Resolving The Ethical Tragedies In The Brave New World Of Jury Selection, José F. Anderson Jan 1998

Catch Me If You Can! Resolving The Ethical Tragedies In The Brave New World Of Jury Selection, José F. Anderson

All Faculty Scholarship

Since the Supreme Court's opinion in Batson v. Kentucky, the rules and tools available to lawyers for selecting juries have changed dramatically from what they had been for decades in American courtrooms. The Court's well intentioned effort in Batson to attempt to eliminate racial discrimination from the process of jury selection set in motion a series of modifications in lawyer decision making which have changed how lawyers fill the jury box. Prior to Batson, the sacrosanct tool known as the peremptory challenge had been virtually unassailable as a jury selection weapon. Abuses by prosecutors, particularly in the southern United States, …

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Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson Jan 1998