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Articles 1 - 18 of 18
Full-Text Articles in Entire DC Network
Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane
Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane
All Faculty Scholarship
The black–white paradigm has been the crucial paradigm in racial geography of land use, housing and development. Yet it is worthwhile to consider that, in this context, distinctions based on race are accompanied by a powerful, racialized discourse of middle class versus poor. The black–white paradigm in exclusionary zoning, for example, involves the wealthy or middle-class white person (we need not even use the term white) protesting against or displacing the poor black person. (we also need not even use the term black). Another example of the racialized discourse of middle class versus poor is in the urban-gentrification context. The …
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Law Faculty Scholarly Articles
Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Julie Novkov
Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Julie Novkov
In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Faculty Scholarship
In 1954, fifty-eight years after the Plessy v. Ferguson decision, the Supreme Court was afforded another opportunity to reverse the “separate but equal doctrine” in Brown v. Board of Education of Topeka (Brown I). Brown I was a consolidation of five civil rights cases from the District of Columbia, Delaware, Kansas, Virginia, and South Carolina that attempted to change race relations in America by affording African Americans a piece of the pie. A few other cases soon followed Brown I. In 1963, Goss v. Board of Education of Knoxville proclaimed that any program that structurally appeared to maintain segregation would …
Ambiguity, Ambivalence, And Awakening: A South Asian Becoming 'Critically' Aware Of Race In America, Vinay Harpalani
Ambiguity, Ambivalence, And Awakening: A South Asian Becoming 'Critically' Aware Of Race In America, Vinay Harpalani
All Faculty Scholarship
"Ambiguity, Ambivalence, and Awakening: A South Asian Becoming 'Critically' Aware of Race in America" was the winner of the Angela Harris Award for Outstanding Student Writing at the Critical Race Theory 20 Conference. It is my critical race autobiography, where I describe my experiences growing up as a South Asian American -- a racially ambiguous figure -- during the implementation of school desegregation in New Castle County, Delaware. I relay some of my racial encounters in elementary and high school, and then discuss my undergraduate years at the University of Delaware; my graduate school education at the University of Pennsylvania; …
The Violent Bear It Away: Emmett Till & The Modernization Of Law Enforcement In Mississippi, Anders Walker
The Violent Bear It Away: Emmett Till & The Modernization Of Law Enforcement In Mississippi, Anders Walker
All Faculty Scholarship
Few racially motivated crimes have left a more lasting imprint on American memory than the death of Emmett Till. Yet, even as Till's murder in Mississippi in 1955 has come to be remembered as a catalyst for the civil rights movement, it contributed to something else as well. Precisely because it came on the heels of the Supreme Court's 1954 ruling in Brown v. Board of Education, Till's death convinced Mississippi Governor James P. Coleman that certain aspects of the state's handling of racial matters had to change. Afraid that popular outrage over racial violence might encourage federal intervention in …
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
In late winter 2009, the airwaves came alive with stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are the vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother’s well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long …
Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro
Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro
Faculty Scholarship
No abstract provided.
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
Journal Articles
The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Faculty Publications
In the face of federal inability to effectively police our national borders and to remove unauthorized immigrants, many local governments have recently sought to take measures into their own hands by passing anti-illegal immigrant ("AII") ordinances. These ordinances usually contain a combination of provisions restricting housing, employment, and public benefits for unauthorized immigrants, among other things.This Article focuses on AII provisions that are targeted at private rental housing, which typically take the form of sanctions against landlords who rent to unauthorized immigrants.
Stereotype Threat: A Case Of Overclaim Syndrome?, Amy L. Wax
Stereotype Threat: A Case Of Overclaim Syndrome?, Amy L. Wax
All Faculty Scholarship
The theory of Stereotype Threat (ST) predicts that, when widely accepted stereotypes allege a group’s intellectual inferiority, fears of confirming these stereotypes cause individuals in the group to underperform relative to their true ability and knowledge. There are now hundreds of published studies purporting to document an impact for ST on the performance of women and racial minorities in a range of situations. This article reviews the literature on stereotype threat, focusing especially on studies investigating the influence of ST in the context of gender. It concludes that there is currently no justification for concluding that ST explains women’s underperformance …
Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott
Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott
Articles
From French and Creole to Spanish, the domain of the Napoleonic Empire to the king of Spain, crossing the strait separating the French colony of Saint-Domingue and the Spanish colony of Cuba entailed a change of language and government. Some 18,000 people made that transition between the spring and summer of 1803 during the Revolutionary War in Saint-Dominque. Six years later, many crossed the Gulf of Mexico from Cuba to New Orleans and the recently acquired Louisiana Territory under the authority of a territorial governor and the United States Congress. What would these crossings lead to for those who had …
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
All Faculty Scholarship
There is no better illustration of the impact of borders on women’s equal citizenship than the three documentaries reviewed in this essay. All three deal with the femicides that befell the young women of Ciudad Juárez, Mexico between 1993 and 2005. Juarez is just across the border from El Paso, Texas. Performing the Border (1999) stimulates the viewer’s imagination regarding the ephemeral nature of borders and their impact on the citizenship of women who live at the intersection of local, regional, national and international legal regimes. Señorita Extraviada (2001) is an intimate portrait of the victims which illustrates why the …
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Our book Critical Tax Theory: An Introduction (Cambridge University Press 2009) highlights and explains the major themes and methodologies of a group of scholars who challenge the traditional claim that tax law is neutral and unbiased. The contributors to this volume include pioneers in the field of critical tax theory, as well as key thinkers who have sustained and expanded the investigation into why the tax laws are the way they are and what impact tax laws have on historically disempowered groups. This volume will provide an accessible introduction to this new and growing body of scholarship. It will be …
Getting Real About Race And Prisoner Rights, Michael B. Mushlin, Naomi Roslyn Galtz
Getting Real About Race And Prisoner Rights, Michael B. Mushlin, Naomi Roslyn Galtz
Fordham Urban Law Journal
This Article explores the connection between the dramatic increases in the incarceration of non-whites and the parallel decline in the legal protections for prisoners over the same period. Using the social sciences, the Article suggests that racial tensions play a role in the decisions made by both guards and prison administrators. Further, the authors argue that the communities of these non-white prisoners are the least well equipped to advocate for their well-being. Ultimately, the Article concludes that the law is not currently equipped to confront the possibility of dealing with race-based tensions and structural inequities that are present in the …
Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont
Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont
NYLS Law Review
No abstract provided.