Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (23)
- University of New Mexico (9)
- University of Richmond (6)
- University of Colorado Law School (5)
- Columbia Law School (4)
-
- UC Law SF (4)
- University of North Florida (4)
- American University Washington College of Law (3)
- Cleveland State University (3)
- Florida A&M University College of Law (3)
- University of Miami Law School (3)
- University of Pittsburgh School of Law (3)
- Wayne State University (3)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Emory University School of Law (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Montclair State University (1)
- New York Law School (1)
- Roger Williams University (1)
- St. Mary's University (1)
- UIC School of Law (1)
- University of Denver (1)
- University of Montana (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Race (19)
- Race and law (18)
- Affirmative action (13)
- Brown v. Board of Education (11)
- Diversity (11)
-
- Discrimination (9)
- Equal protection (8)
- Grutter v. Bollinger (7)
- United States Supreme Court (7)
- Judiciary (6)
- Minorities (6)
- Segregation (6)
- Slavery (6)
- Racism (5)
- Supreme Court (5)
- Civil rights (4)
- Education (4)
- Equal Protection Clause (4)
- Equality (4)
- Racial diversity (4)
- Rodney Lawrence (4)
- Rodney Lawrence Hurst (4)
- Sr. Papers; Hurst (4)
- Sr.; Hurst (4)
- Virginia (4)
- Admissions (3)
- African Americans (3)
- Culture (3)
- Desegregation (3)
- Fla)--History--20th century--Sources; National Association for the Advancement of Colored People. Jacksonville Branch (Jacksonville Fla.) (3)
- Publication
-
- Articles (13)
- Michigan Journal of Race and Law (10)
- Tribal Law Journal (8)
- Faculty Scholarship (6)
- University of Richmond Law Review (6)
-
- Michigan Law Review (4)
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (4)
- UC Law Journal of Race and Economic Justice (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Journal Publications (3)
- Law Faculty Articles and Essays (3)
- Law Faculty Research Publications (3)
- Publications (3)
- Faculty Articles (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty Journal Articles & Other Writings (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Human Rights & Human Welfare (1)
- Law Faculty Scholarship (1)
- Michigan Journal of International Law (1)
- Scholarly Articles (1)
- Scholarship@WashULaw (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- UIC Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Journal of Transnational Law (1)
- Publication Type
Articles 61 - 90 of 90
Full-Text Articles in Law
Navajo Nation V. Rodriguez And The Traditional Navajo Principle Of Hazhó'Ógo, Philip A. Morin
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 …
One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves
One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves
Journal Publications
The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.
Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard
Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard
Journal Publications
It is my belief that the failure of Brown v. Board of Education and the continuing problem of race in America stems from the fact that America never took ownership of the promise of Brown, and instead, viewed the decision purely in terms of desegregation, as opposed to integration. Consequently, integration has remained a concept instead of an action item. Implicit in this notion of desegregation is the idea that the races sit next to one another, while the concept of integration carries with it a much heavier burden. It appears that the races have never made a personal …
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Faculty Scholarship
Transcript of The 2004 James McCormick Mitchell Lecture. On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its …
(Un)Masking Race-Based Intracorporate Conspiracies Under The Ku Klux Klan Act, Catherine E. Smith
(Un)Masking Race-Based Intracorporate Conspiracies Under The Ku Klux Klan Act, Catherine E. Smith
Scholarly Articles
The intracorporate conspiracy doctrine should not be applicable to § 1985(3) conspiracies. Section 2 of the Ku Klux Klan Act was designed to specifically challenge collective action and eliminate the many ways in which individuals conspired to engage in civil rights violations. Some commentators may argue that race-based intracorporate agreements are actionable under other federal antidiscrimination laws and state causes of actions. However, § 1985(3) fulfills a unique role in the national comprehensive civil rights scheme to eliminate different forms of bias-motivated and discriminatory actions. As the only federal civil conspiracy statute that punishes individuals who use collective resources to …
The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru
The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Articles
No abstract provided.
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Publications
No abstract provided.
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
Derechos Y Honra Públicos: Louis Martinet, Plessy Contra Ferguson Y El Acceso A La Ley En Luisiana, 1888-1917, Rebecca J. Scott
Derechos Y Honra Públicos: Louis Martinet, Plessy Contra Ferguson Y El Acceso A La Ley En Luisiana, 1888-1917, Rebecca J. Scott
Articles
Rebecca J. Scott explores the historical context of Plessy v. Ferguson to two ends. First, Scott argues that that the historical situation, including everyday legal practice, helps us understand the source of the arguments in the case. In particular, the plaintiffs based their understanding of their rights in the French revolution, the Louisiana Constitution, and their experience exercising their rights through notaries. Second, Scott argues that the plaintiffs and defendants sought to frame the case with different rights. For the plaintiffs, the issue with the Separate Car Act was "public rights" and "the dignity of citizenship." The defendants instead framed …
Equality Without Tiers, Suzanne B. Goldberg
Equality Without Tiers, Suzanne B. Goldberg
Faculty Scholarship
The immediate impact of Grutter v. Bollinger and Gratz v. Bollinger is nothing short of momentous. Not only do the Supreme Court's most recent affirmative action decisions settle the deeply contested question of whether race may be considered in higher education admissions, but they also, more broadly, envision permissible and impermissible uses of racial classifications in that context, and surface new, challenging questions about the official use of affirmative action.
Yet Grutter and Gratz are also momentous for what they tell us about the long-term struggle over the structure of equal protection doctrine. This struggle, which has been under way …
Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratin And Ait 'Atta Indigenous Legal Systems, Anna Natividad Martinez
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.
Diné Bi Beenahaz'Áanii: Codifying Indigenous Consuetudinary Law In The 21st Century, Kenneth Bobroff
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.
The Origins, Current Status, And Future Prospects Of Blood Quantum As The Definition Of Membership In The Navajo Nation, Paul Spruhan
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 …
Profile Of The Sayisi Dene Nation Of Tadoule Lake In Northern Manitoba, Kwesi Baffoe
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.
Customary Law: The Way Things Were, Codified, Exra Rosser
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 …
Mercy Lawyers, Anthony V. Alfieri
Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott
Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott
Articles
By seeing events in the past as part of a dynamically evolving system with a large, but not indefinite, number of degrees of freedom, we can turn our attention to the multiple possibilities for change, and to the ways in which societies that are initially similarly situated may go on to diverge very sharply. Thus it is, I will argue, with societies in the 19th century that faced the challenge of building citizenship on the ruins of slavery.
Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews
Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews
Articles & Chapters
No abstract provided.
The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner
The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner
Scholarship@WashULaw
This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of “criminality” within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element, spoken of in many circles as “oppositional culture” constitutes a bold and calculated rejection of destructive mainstream values that have perpetuated social inequalities and power imbalances. African American resistance culture is captured by novelist John Edgar Wideman in his account of his brother ’s criminal lifestyle and the …
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Publications
This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.
After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham
After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Book Review. Affirmative Action And Racial Preference By Carl Cohen And James P. Sterba, Joseph L. Hoffmann
Book Review. Affirmative Action And Racial Preference By Carl Cohen And James P. Sterba, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Human Rights Hero - Coretta Scott King, Stephen Wermiel
Human Rights Hero - Coretta Scott King, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Michigan Journal of International Law
In this paper the author will try to explore the topic from a different perspective: i.e. the emergence of cultural heritage as part of the shared interest of humanity, with the consequent need for international law to safeguard it in its material and living manifestations, including the cultural communities that create, perform and maintain it. Culture in itself is not extraneous to the formation of the modern nation State. Especially in the history of nineteenth century Europe, culture as language, religion, literary and artistic traditions provided the cement and the legitimizing element to support the claim to independent statehood.
Racism's Past And Law's Future, Vivian Grosswald Curran
Racism's Past And Law's Future, Vivian Grosswald Curran
Articles
Legal scholars, lawmakers and, increasingly, the general public seem to place ever-increasing hope in the potential of law and legal theory, and of enforceable uniform international legal standards. Many appear to believe that identifying and enacting laws and a legal framework that correspond worldwide to human rights will solve the age-old problem of legalized barbarism. The historical propensity of courts, even in democratic states, to legitimate and enable racist policies provides compelling evidence that the current level of faith in law is misplaced.
This Article argues the limitations of law and legal theory, contesting the view that on their own …
A Thirteenth Amendment Framework For Combating Racial Profiling, William M. Carter Jr.
A Thirteenth Amendment Framework For Combating Racial Profiling, William M. Carter Jr.
Articles
Law enforcement officers’ use of race to single persons out for criminal suspicion (“racial profiling”) is the subject of much scrutiny and debate. This Article provides a new understanding of racial profiling. While scholars have correctly concluded that racial profiling should be considered a violation of the Fourth Amendment, the Fourteenth Amendment’s Equal Protection Clause, and existing federal statutes, this Article contends that the use of race as a proxy for criminality is also a badge and incident of slavery in violation of the Thirteenth Amendment.
Racial profiling is not only a denial of the right to equal treatment, but …
The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards
The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards
Michigan Law Review
Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities?" The Court's answer was precise and straightforward: "We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs ... are, by reason of the segregation complained of, …
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Faculty Articles
At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …