Law Commons^™

Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson

Michigan Journal of Race and Law

The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate tile necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration. …

Rawls And Reparations, Martin D. Carcieri

Michigan Journal of Race and Law

In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a "teaching moment" arising from these events. Moreover, his writings, speeches and lawmaking efforts illustrate the contractual nature of Obama's thinking. The President (and all concerned citizens) should thus find useful an analysis of racial policy and justice in light of the work of John Rauls. Rawls may …

The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant

Journal Publications

No abstract provided.

Beyond The Squabble: Putting The Tenderloin Community Justice Center In Context, Michael Cobden, Ron Albers

UC Law Journal of Race and Economic Justice

The Tenderloin Community Justice Center ("CJC") began operation in May 2009 amid a tense political and economic climate. Although it employs an innovative approach to alleviating crime, the CJC is not a novel concept, but rather modeled after successful community courts already in existence. As a product of community efforts, the CJC aims to address the shortcomings of the traditional court system, which has been ineffective in reducing crime and recidivism rates, by offering alternatives to incarceration. By coordinating service providers intimately with the court, the CJC provides a centralized system that allows it to comprehensively examine an offender's problems …

Defining The Problem, Hadar Aviram

UC Law Journal of Race and Economic Justice

No abstract provided.

Litigation Over Prison Medical Services, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

An Overview Of Special Populations In California Prisons, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Reconceptualizing Restorative Justice, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

Decent Work, Human Rights, And The Millennium Development Goals, Gillian Macnaughton, Diane F. Frey

UC Law Journal of Race and Economic Justice

The Millennium Development Goals ("MDGs") have provided the global framework for international development and poverty elimination policy for almost a decade. This framework includes time-bound targets and indicators to monitor progress toward the Goals. Initially, full employment and decent work for all was not part of the MDG framework. In 2007, however, the UN General Assembly approved four new MDG targets, including the achievement of "full and productive employment and decent work for all." This article discusses this new MDG target and its indicators from social justice and human rights perspectives. It argues that uniting the overlapping agendas of the …

We've Been Waiting A Long Time - The Struggle To Pass The Filipino Veterans Equity Act And A Bittersweet Ending To A Sixty-Three-Year Battle, Paul Daniel Rivera

UC Law Journal of Race and Economic Justice

On February 17, 2009, President Barack Obama signed into effect the American Recovery and Reinvestment Act of 2009. Buried amidst the hundreds of pages and the billions of dollars given out by the bill was Title X, Section 1002, a diminutive two pages of text authorizing the federal government to give "Payments to Eligible Persons Who Served in the United States Armed Forces in the Far East During World War II." However, Section 1002 was neither designed nor included to create jobs or stimulate the economy. In reality, Section 1002 was included to authorize a long-deserved $198 million payout to …

Reconciling Equal Protection And Federal Indian Law, Bethany Berger

Faculty Articles and Papers

In this essay for a festschrift in celebration of Philip Frickey and his work, I show how equal protection and federal Indian law can be reconciled without succumbing to what Professor Frickey has called the seduction of artificial coherence. Federal Indian policies increasingly face arguments that, in providing special treatment for individuals and groups defined in part by descent from indigenous tribes, they violate the requirement of equal protection before the law. I argue that such arguments ignore the congruence of federal Indian policy and equal protection as a matter of constitutional norms, constitutional history, and constitutional text. Federal Indian …

Recovering Texas History: Tejanos, Jim Crow, Lynchings & The University Of Texas School Of Law, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Michigan Journal of Gender & Law

This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.

A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli

Carlo A. Pedrioli

In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change.

While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …

The Ethics Of Letting Civilians Die In Afghanistan: The False Dichotomy Between Hobbesian And Kantian Rescue Paradigms, 59 Depaul L. Rev. 899 (2010), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond

UIC Law Open Access Faculty Scholarship

Popular film has a lot to teach us about social narratives of law. Both law and film are story-telling, narrative systems. Accordingly, films about law are "overdetermined" in terms of narrative: they are stories about stories. Race is also a narrative system in which visual representation is key. The significance of the visual apprehension of race is deeply relevant to the legal construction of race as well. For example, in early citizenship cases and racial "passing" cases which persisted through the latter part of the 2 0th century. Since society constructs racial categories in large part by visual identification and …

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

UC Law Journal of Race and Economic Justice

Criminological accounts of penological discourse in the United States often focus on the transition to more punitive policies beginning in the late 1970s, which led the U.S. to top international charts of incarceration rates per capita. However, recent developments in punitive policies and practices suggest a reversal of the punitive pendulum. This article maps these developments, arguing that they represent the emergence of a new correctional discourse, called humonetarianism, which focuses on scarcity of resources and on cost-benefit analysis as its main raison d'être.

This article begins by tracing the history of humonetarianism, offering two complementary genealogies for this discourse. …

A Deadly Response: Unconscious Racism And California's Provocative Act Doctrine, Katherine N. Hallinan

UC Law Journal of Race and Economic Justice

In rural Northern California, two young black men are shot multiple times from behind. Their friend, who is also black, is charged with their murders, while the gunman, who is white, walks free. During an alleged gang brawl between teenagers, a young Latino man is stabbed and killed. His friends, and not the actual perpetrator, are charged and convicted of the crime. The defendants are Latino, the gunman is white. California's little-known provocative act doctrine, which holds felons liable for killings that are provoked by a felon's provocative act, is the vehicle prosecutors used to charge each of these young …

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

UC Law Journal of Race and Economic Justice

No abstract provided.

Changing The Topography Of Sentencing, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

Sentencing Reform In California, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.

Can These Bones Live - A Look At The Impacts Of The War On Drugs On Poor African-American Children And Families, Nekima Levy-Pounds

UC Law Journal of Race and Economic Justice

The war on drugs has resulted in sharp increases in prison sentences for many drug-related crimes. Due to the structure of the federal sentencing guidelines and the disparity in sentences relating to power cocaine and crack, the primary burden of these increased sentences has disproportionately affected poor African Americans. The war on drugs legislation has also had a marked impact on another population - the families and children of the incarcerated. This article discusses the rationales behind the war on drugs legislation, addressing both the initial enactments and subsequent statutes and cases that have changed the landscape of drug-related sentencing. …

Harming Vulnerable Children: The Injustice Of California's Kinship Foster Care Policy, Meredith L. Alexander

UC Law Journal of Race and Economic Justice

California denies state foster care benefits to nonfederally eligible foster children when they are placed with relative caregivers (a placement known as "kinship foster care"). This note explores the unique benefits and needs of kinship foster care, and analyzes the current legal framework regarding kinship foster care, including the justifications for California's policy. The author argues that this California policy fails to embrace the unique benefits and needs of kinship foster care. Furthermore, the policy is contradictory to the state mandated placement priority with relatives. By not properly supporting kinship foster care, California is harming the state's most vulnerable children …

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

All Faculty Scholarship

The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.

Name Tags: Badges At Northeast Florida Book Festivals. 2008-2010.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

This file includes name tags from the Florida Historical Society Annual Meeting with Rodney Hurst, Stetson Kennedy Award winner 2009. The Much Ado About Books Festival. Featured speaker Rodney Hurst at the Amelia Island Book Festival, and the Florida Heritage Book Festival in St. Augustine, Florida. September 12-13, 2008. Folder 2.

The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda

Journal Articles

“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening …

Speech: Martin Luther King Breakfast., Rodney Lawrence Hurst Sr

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A speech commemorating Martin Luther King and the Civil Rights Movement in 2010

Thank-You Card: To Rodney Hurst From University Of North Florida Continuing Education.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

No abstract provided.