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Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan

Michigan Law Review

Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions, …

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …

Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter

University of Richmond Law Review

The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.

Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda

Journal Articles

Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …

Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson

Faculty Scholarship

While youth violence has always been a critical part of delinquency, the modern epidemic is marked by high rates of gun violence. Adolescents in cities possess and carry guns on a large scale, guns are often at the scene of youth violence, and guns often are used. Guns play a central role in initiating, sustaining, and elevating the epidemic of youth violence. The demand for guns among youth was fueled by an "ecology of danger," comprising street gangs, expanding drug markets with high intrinsic levels of violence, high rates of adult violence and fatalities, and cultural styles of gun possession …

Playing Race Cards: Constructing A Proactive Defense Of Affirmative Action, Kimberlé W. Crenshaw

Faculty Scholarship

On behalf of the African American Policy Forum ("AAPF"), I am pleased to participate in this symposium as a co-sponsor and contributor. The AAPF, who together with Fairness and Accuracy in Reporting (FAIR) and the Women's Roundtable constitute the Women's Media Initiative, believes that events such as these are critical in efforts to map strategies for intervening in public debates surrounding affirmative action and a host of related issues such as welfare reform, racial profiling, the prison industrial complex, and the concentration of wealth, just to name a few. As one of many organizations that have taken up the defense …

Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …

The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney

Vanderbilt Law School Faculty Publications

The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions for which were created by the convergence in previous decades of two very different social movements - civil rights and victims' rights. This anti-hate-crime movement has been radiply assimilated into the institutions of criminal justice, with the result that anti-hate-crime measures now reflect the culture and priorities of those institutions. The civil rights and victims' rights movements created collective beliefs, structural resources, and political opportunities that facilitated the emergence of a …

Listen, Matthew L.M. Fletcher

Michigan Journal of Race and Law

In a traditional law school setting, experiences of students of color, especially Native Americans, are often buried by the discourse of the dominant culture. This piece, a non-traditional work using elements of prose, lyric, monologue, and poetry, weaves strands of legal discourse, commentary, and autobiography into a critical narrative of the experience of legal education from an outsider law student's perspective. The author, a member of the Grand Traverse Band of Ottawa and Chippewa Indians, recounts these vignettes in a voice infused with the history and traditions of Native American oral storytelling.

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.

Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton

Articles

No abstract provided.

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.

Affirmative Action Statements, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

The student editors of the Michigan Journal of Gender & Law adopted a brief statement for release with other student statements and voted to publish a statement in the Journal. This is their statement in response to the anti-affirmative action lawsuits. Several other Law School student organizations have also provided their statements to publish.

Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn

UF Law Faculty Publications

Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.

Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …