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Law and Race

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2004

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Full-Text Articles in Law

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Introduction Symposium: The Jurisprudence Of Slavery Reparations: Introduction, Keith N. Hylton Dec 2004

Introduction Symposium: The Jurisprudence Of Slavery Reparations: Introduction, Keith N. Hylton

Faculty Scholarship

On April 9th and 10th, 2004, Boston University School of Law sponsored a symposium titled The Jurisprudence of Slavery Reparations. As the principal conference organizers, we are pleased and a bit awestruck to see the symposium contributions published in this issue of the Boston University Law Review. The papers published here - in the first symposium of its kind in a major law review - should serve as an immensely valuable reference on the jurisprudence of reparations


Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias Nov 2004

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.


Reflections On Brown And The Future, Oliver W. Hill Sr. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr. Nov 2004

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.

University of Richmond Law Review

No abstract provided.


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner Nov 2004

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.


Certificate: Appreciation To Rodney Hurst For Urban Education Summit. Oct 2004

Certificate: Appreciation To Rodney Hurst For Urban Education Summit.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of appreciation for serving as a panelist at The Education Urban Summit: "Call for Action in Education" October 26, 2004


Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle Oct 2004

Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Implementing Brown: A Lawyer’S View, Robert A. Sedler Oct 2004

Implementing Brown: A Lawyer’S View, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Standard Of Review For Prosecutorial Use Of Race Evidence During Trial, Peter Chung Oct 2004

Standard Of Review For Prosecutorial Use Of Race Evidence During Trial, Peter Chung

University of Michigan Journal of Law Reform

This Note argues that unfettered use of cultural evidence by prosecutors creates the same problems as would the use of evidence of race to show propensity of the accused to act. Using Wisconsin v. Chu as a case study, the author demonstrates that cultural evidence, just as any other evidence to show propensity to act, must rest upon the proper evidentiary foundation and that prosecutors must be sharply constrained in their use of cultural evidence.


Race Matters In Bankruptcy, A. Mechele Dickerson Oct 2004

Race Matters In Bankruptcy, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel Oct 2004

Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel

Michigan Law Review

This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court's opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve …


Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman Sep 2004

Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners’ access to the federal courts by way of habeas corpus. Of principal concern here is how an act of terrorism against the United States provides an opportunity for Congress to restrict death row prisoners from obtaining habeas corpus review. Along with an analysis of Supreme Court decisions, three attempts to limit federal habeas corpus review for state prisoners from the late …


Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh Aug 2004

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh

Law Faculty Articles and Essays

Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …


Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004 Jun 2004

Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A gathering of Movement veterans, scholars, students and the community.


Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004 Jun 2004

Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Preliminary agenda for University of South Florida's "The Civil Rights Movement in Florida" Conference. June 2-6, 2004.


Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida Jun 2004

Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Information packet from USF to Rodney Hurst confirming him as panelist for "The Civil Rights Movement in Florida" Conference. Folder 3


One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves May 2004

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

University of Richmond Law Review

No abstract provided.


The Ethnic Question In Law And Development, Lan Cao May 2004

The Ethnic Question In Law And Development, Lan Cao

Michigan Law Review

World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability, by Professor Amy Chua, is an analytically complex narrative of contemporary ethnic violence in the current era of globalization. Although such violence has historical roots, according to Chua it has also been fueled by free-market forces and democratization. The book is a forceful and provocative indictment of the current U.S. policy of promoting and exporting markets and democracy to developing and formerly communist, market-transitional countries. In her book, Professor Chua applies her thesis - that ethnicity, global capitalism, and democracy are a volatile mix - …


The Banality Of Evil And The First Amendment, W. Bradley Wendel May 2004

The Banality Of Evil And The First Amendment, W. Bradley Wendel

Michigan Law Review

In the late spring and early summer of 1994, hundreds of thousands of people in Rwanda - an estimated ten percent of the population - were brutally murdered by their fellow citizens, generally for the "crime" of belonging to the socially and economically dominant, but numerically minority Tutsi ethnic group. The slaughter followed a systematic propaganda campaign coordinated by the Rwandan government, dominated by members of the Hutu ethnic group, who had long harbored grievances against Tutsis. The campaign demonized Tutsis as "devils," stirred up fear among the largely rural and poor Hutu population by propagating false information about a …


Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins Apr 2004

Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins

Law Faculty Articles and Essays

Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …


Diné Bi Beenahaz'Áanii: Codifying Indigenous Consuetudinary Law In The 21st Century, Kenneth Bobroff Jan 2004

Diné Bi Beenahaz'Áanii: Codifying Indigenous Consuetudinary Law In The 21st Century, Kenneth Bobroff

Tribal Law Journal

The fundamental laws of the Diné, "the People" in the Navajo language, were placed by the Holy People long before Spaniards arrived in the New World. Since Coronado first traveled to Navajo Country almost five centuries ago, Diné have resisted European assaults on Navajo Law. On November 1, 2002, the Navajo Nation Council acknowledged the survival of the fundamental laws of the Diné, recognizing four specific constituent elements — traditional law, customary law, natural law, and common law – and explaining the principles of each.


Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratin And Ait 'Atta Indigenous Legal Systems, Anna Natividad Martinez Jan 2004

Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratin And Ait 'Atta Indigenous Legal Systems, Anna Natividad Martinez

Tribal Law Journal

The Haratin people of North Africa are subjects in crisis; they are people whose origins are debated and whose social status is scorned. As an indigenous population in the midst of regional turmoil, they have been subject to removal, forced labor and economic deprivation. Their exploitation by both French colonial forces and other indigenous populations (namely Arabs and Berbers) has displaced the Haratin way of life and has subsumed their legal culture.


Navajo Nation V. Rodriguez And The Traditional Navajo Principle Of Hazhó'Ógo, Philip A. Morin Jan 2004

Navajo Nation V. Rodriguez And The Traditional Navajo Principle Of Hazhó'Ógo, Philip A. Morin

Tribal Law Journal

This case note examines in detail the adoption, and adaptation, of the United States Supreme Court's Miranda decision by the Supreme Court of the Navajo Nation.

The Supreme Court of the Navajo Nation carried out the directive of the Fundamental Laws of the Diné, to make Diné bi beehaz'áanii, or Navajo Common Law, the fundamental basis for its decisions. By doing so, the Supreme Court defined uniquely Navajo rights and procedures governing the custodial interview, holding that the traditional Navajo principle of hazhó'ógo requires truthful, transparent explanations to, and respectful treatment of, persons in police custody.

Mr. Morin's case note …


Profile Of The Sayisi Dene Nation Of Tadoule Lake In Northern Manitoba, Kwesi Baffoe Jan 2004

Profile Of The Sayisi Dene Nation Of Tadoule Lake In Northern Manitoba, Kwesi Baffoe

Tribal Law Journal

The cultural groups among the Aboriginal peoples of Northern Canada correspond to climatic latitudinal divides. Above the tree line, where the boreal forest meets the tundra, are the Inuit whose territory stretches far into the arctic. South of the tree line are the Dene, and below them are the Cree nations of the prairies. The goal of this paper is to concentrate on the nature of the particular culture of the Dene People.


Cultural Eclipse: The Effect On The Aboriginal Peoples In Manitoba, Kwesi Baffoe Jan 2004

Cultural Eclipse: The Effect On The Aboriginal Peoples In Manitoba, Kwesi Baffoe

Tribal Law Journal

Cultural eclipse is a phrase that I coined to describe the inter-relationship between the Aboriginal and European cultures as seen by an observer in space. It depicts the scene of two cultures initially rotating separately in time through the Universe. The European culture slowly drifts towards the Aboriginal culture and partially covers it without consuming it. This paper explores one of the ways indigenous culture is damaged during this "union".


Customary Law: The Way Things Were, Codified, Exra Rosser Jan 2004

Customary Law: The Way Things Were, Codified, Exra Rosser

Tribal Law Journal

The author explores the meaning of customary law from its most general meaning to the meaning and application within various tribal courts. Mr. Rosser discusses the weight of customary law when choice of law and conflict of law issues arise within tribal courts. He discusses the challenges in uniformly applying customary law. He also discusses the challenges in substantiating customs when presented to a tribal court, including the use of experts. Mr. Rosser highlights the complexity and variance of customary law between tribal courts while emphasizing the importance of tribal jurisprudence. Finally, the author provides an appendix of rules and …


The Origins, Current Status, And Future Prospects Of Blood Quantum As The Definition Of Membership In The Navajo Nation, Paul Spruhan Jan 2004

The Origins, Current Status, And Future Prospects Of Blood Quantum As The Definition Of Membership In The Navajo Nation, Paul Spruhan

Tribal Law Journal

In this article, the author discusses the origin of the Navajo Nation's blood requirement. Mr. Spruhan examines the intended purpose of the quarter-blood quantum definition and the role of the Bureau of Indian Affairs. He reviews the current status, regulation, and recent attempts to change the quarter-blood quantum requirement. He discusses the future of the quarter-blood quantum requirement with respect to the Navajo Nation Council's 2002 resolution known as the "Fundamental Laws of the Diné," a resolution mandating the application of traditional law, customary law, natural law, and common law to the Navajo Nation Government and its entities. In this …