Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (7)
- Civil Rights and Discrimination (4)
- Law and Race (3)
- Arts and Humanities (2)
- Constitutional Law (2)
-
- Criminal Law (2)
- Economics (2)
- Social and Behavioral Sciences (2)
- American Studies (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Courts (1)
- Criminal Procedure (1)
- Election Law (1)
- History (1)
- Intellectual Property Law (1)
- Labor and Employment Law (1)
- Law Enforcement and Corrections (1)
- Law and Psychology (1)
- Religion (1)
- Supreme Court of the United States (1)
- United States History (1)
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
Racial Discrimination In Business Transactions, Robert E. Suggs
Racial Discrimination In Business Transactions, Robert E. Suggs
Robert E. Suggs
When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure of …
Afro-Colombian Welfare: An Application Of Amarty Sen's Capability Approach Using Multiple Indicators Multiple Causes Modeling - Mimic, Paula Lezama
USF Tampa Graduate Theses and Dissertations
This research analyzes welfare conditions of Afro-Colombians vis-à-vis non Afro-Colombians using Amartya Sen's Capability Approach as the theoretical framework, and the latent variable modeling as the empirical method. Multiple Indicators Multiple Causes (MIMIC) models are estimated using data from the Colombian Quality of Life Survey, 2003. Two latent constructs, namely, 'knowledge' and 'being adequately sheltered', represent the two 'Capability' dimensions to be analyzed. Ethnic background appears to have a consistently negative influence after controlling statistically by a set of relevant variables (e.g. being poor, area, marital status, age and gender, among others) included in the models as exogenous "causes" or …
Culture Matters: America’S African Diaspora And Labor Market Outcomes, Patrick Leon Mason
Culture Matters: America’S African Diaspora And Labor Market Outcomes, Patrick Leon Mason
Patrick L. Mason
This paper contrasts the explanatory power of the mono-cultural and diversity models of racial disparity. The mono-cultural model ignores nativity and ethnic differences among African Americans. The diversity model assumes that culture affects both intra- and interracial labor market disparity. The diversity model seeks to enhance our ability to understand the relative merits of culture versus market discrimination as determinants of racial inequality in labor market outcomes. Our results are consistent with the diversity model of racial inequality. Specifically, racial disparity consists of the following outcomes: 1) persistent racial wage and employment effects between both native and immigrant African Americans …
Identity Matters: Inter- And Intra-Racial Disparity And Labor Market Outcomes, Patrick Leon Mason
Identity Matters: Inter- And Intra-Racial Disparity And Labor Market Outcomes, Patrick Leon Mason
Patrick L. Mason
Standard econometric analysis of African American – white inequality incorporates racial classification as an exogenous binary variable. This approach masks identity differences among African Americans: empirically obfuscating the relative importance of racial self-identity and clouding our ability to understand the relative importance of unobserved productivity-linked attributes versus market discrimination as determinants of racial inequality in labor market outcomes. Our examination of identity heterogeneity among African Americans suggests racial wage disparity is most consistent with weak colorism, while genotype disparity best describes racial employment differences. Further, among African Americans, the wage data are not consistent with the hypothesis that black-mixed race …
Felon Disenfranchisement And The Systemic Racism Of The Criminal Justice System, Matthew D. Itkin
Felon Disenfranchisement And The Systemic Racism Of The Criminal Justice System, Matthew D. Itkin
Journal of Race, Gender, and Ethnicity
No abstract provided.
Baker, James Thomas, B. 1940 (Sc 1801), Manuscripts & Folklife Archives
Baker, James Thomas, B. 1940 (Sc 1801), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 1801. Typescript titled "Christ and Anti-Christ[:] Reciprocal Excommunication in North Carolina" analyzing the controversy surrounding a 1924 Elizabeth City, North Carolina revival conducted by Mordecai F. Ham.
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Michigan Journal of Race and Law
Racial bias in election administration-more specifically, in the interaction between poll workers and voters at a polling place on election day-may be implicit, or unconscious. Indeed, the operation of a polling place may present an "optimal" setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where the letter of the law …
The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley
The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley
Duke Journal of Gender Law & Policy
Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.
Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price
Michigan Journal of Race and Law
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 …
Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz
Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Confusing Cause And Effect, Lawrence Rosenthal
Confusing Cause And Effect, Lawrence Rosenthal
Lawrence Rosenthal
This brief essay commenting on Paul Butler's article, "Race Based Jury Nullification: Black Power in the Criminal Justice System," prepared for the Criminal Law Conversations project, argues that Professor Butler's proposal of race-based jury nullification to address the African-American community's perception of racial injustice in the administration of the criminal laws, particularly the drug laws, confuses cause and effect. The most important cause of African-American dissatisfaction with the criminal justice system is its inability to keep inner-city communities safe. A regime of race-based jury nullification, in turn, would aggravate rather than ameliorate this serious problem.