Law Commons^™

Yes We Did, Photograph

Textual material from the Rodney Lawrence Hurst, Sr. Papers

MoveOn.org print.

Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif

Research Collection School of Social Sciences

This article begins by seeking an explanation for the solidarity between Malay inmates and guards in perpetrating abusive and discriminatory treatment towards Malay transvestites. In the course of explaining an empirical phenomenon in the Singapore prison, this article has examined Singapore's history and ethnic demography, the ethnic Malay minority's lack of socio-economic development and modernisation vis-a-vis the ethnic Chinese majority, geo-politics, the ideology and strategic choices of the state's political elite and their implications for inter-ethnic interactions between Malays and Chinese. As this article will argue, prison culture, rather than being divorced from larger society, is in effect able to …

Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.

Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A press release about Rodney Hurst's book "It was never about a hot dog and a coke." In addition, it advertises the Amelia Island Book Festival on October 2-4, 2008.

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Cracking The Egg: Which Came First—Stigma Or Affirmative Action?, Angela Onwuachi-Willig, Emily Houh, Mary Campbell

Faculty Scholarship

This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's qualifications) for the Class of 2009 at seven public law schools, four of which employed race-based affirmative action policies when the Class of 2009 was admitted and three of which did not use such policies at that time. Specifically, this Article examines and presents survey findings of 1) minimal, …

Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A winner for "It was Never About a Hotdog and a Coke!" at the Sabrina Awards, July 31, 2008

Pushing Weight, André Douglas Pond Cummings

Faculty Scholarship

The plight of the black athlete in United States professional and collegiate sports reflects a historical road burdened by strident discrimination, yielding assimilation and gleeful exploitation. As African American athletes began to be permitted to enter the lineups of storied professional sports clubs beginning in the 1950s, they did so only on the strict conditions placed upon them by the status quo white male dominated regime. Often the very terms of black athlete participation required a rigid commitment to - covering - racial identity and outright suppression of self. Once African American athletes burst onto the nation's consciousness in the …

Program: Rodney Hurst Sr Presents "It Was Never About A Hot Dog And A Coke," His Personal Account.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A presentation by Rodney Hurst at Bethel Baptist Institutional Church on Friday, April 18, 2008

Irony, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Race In Ordinary Course: Utilizing The Racial Background In Antitrust And Corporate Law Courses, Alfred Dennis Mathewson

Faculty Scholarship

This article is about the discourses in law school classes in which non-white students are in classes with white students. While I stake a position distinct from critical race theorists, I do not analyze critical race theory or the large body of scholarship pertaining thereto in this article. I limit my discussion to my use of race in teaching traditional law school subjects, specifically antitrust and corporate law. I present this article in two parts. In Part I, I describe the challenges of using critical race theory to introduce discussions of race in traditional law school subjects. Race is interjected …

Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu

Faculty Scholarship

This Article examines segregation and affirmative action in a different context-that of gender. Title IX of the Education Amendments of 1972 ("Title IX") l° prohibits discrimination on the basis of gender in education programs or activities that receive federal financial assistance. The regulations implementing Title IX, however, explicitly permit recipients of federal funding to offer single-sex schools, classes, and extracurricular activities. The regulations also permit recipients to "take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.” This Article discusses whether and to what extent the affirmative action provision …

Brief For Respondent Iqubal As Amicus Curiae, Dawinder S. Sidhu, Brian E. Robinson

Faculty Scholarship

Whether a conclusory allegation that a cabinet-level officer or other high-ranking official knew of, condoned, or agreed to subject a plaintiff to allegedly unconstitutional acts purportedly committed by subordinate officials is sufficient to state individual-capacity claims against those officials under Bivens.

Unifying Disparate Treatment (Really), Martin J. Katz

Sturm College of Law: Faculty Scholarship

The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.

Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks

Faculty Scholarship

Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry—English; her …

No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.

William Thaddeus Coleman, Jr.: Breaking The Color Barrier At The U.S. Supreme Court, Todd C. Peppers

Scholarly Articles

The purpose of this essay is twofold: It will endeavor to succinctly summarize the important events of Coleman’s life and professional career, while making the argument that these achievements were as groundbreaking in the legal community as Robinson’s were to baseball. Admittedly, looking to our national pastime is hardly an original literary maneuver; The myriad similarities and links between baseball and the law have offered rich material for many legal writers.2 Moreover, this article does not wish to diminish Coleman’s accomplishments by comparing them to a mere “game.” By drawing upon the sixtieth anniversary of Robinson’s debut, my hope is …

Prosecuting The Jena Six, Anthony V. Alfieri

Articles

No abstract provided.

The African-American Child Welfare Act: A Legal Redress For African-American Disproportionality In Child Protection Cases, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This article proposes a radical change in the way African-American children and families are handled within the legal system when abuse and neglect are at issue. African-American disproportionality in child protection cases is significant for the United States because documentation shows that African-American children are overrepresented in the child welfare system in forty-eight states, although research shows that there is no difference in the occurrence of child abuse and neglect among the races. The first part of the article presents an overview of disproportionality by presenting the national statistics and research, revealing where racial bias and disparate treatment occurs within …

“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson

Articles

News coverage of three nooses hanging from the "whites only tree" at Jena High School, in Jena, Louisiana, created public outcry. Criticism rose as the public learned that District Attorney Reed Walters exercised his prosecutorial discretion to decline to press charges against the white students that admitted hanging the nooses, yet over zealously charged black students with attempted murder for conduct normally considered a battery or a school-yard-fight. The apparent lack of equity in the exercise of prosecutorial discretion became the focus of heated debate. Although the Jena High School incidents occurred in 2006, the Jena story is unpleasantly reminiscent …

(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri

Articles

No abstract provided.

Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones

Articles

No abstract provided.

Policies To Expand Minority Entrepreneurship: Closing Comments, Michael S. Barr

Book Chapters

This essay is based on comments delivered at the Conference on on Entrepreneurship in Low- and Moderate-Income Communities, November 3-4, 2005. This has been a productive conversation. In my closing comments, I want to shift our focus somewhat, from entrepreneurship in low-income communities to minority entrepreneurship generally. I want to do so because many minority entrepreneurs are connected to or hire from low-income communities, and because minority entrepreneurs face critical barriers even when they attempt to create and grow firms outside of distressed communities. In this comment, I want to highlight key barriers and suggest five steps for Congress, the …

Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda

Journal Articles

Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.

Book Review, Angela Mae Kupenda

Journal Articles

YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.

Surveillance And Identity Performance: Some Thoughts Inspired By Martin Luther King, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Cooper explores self-actualization, the process whereby people create their own identity by means of experimenting with different behaviors, in the context of Martin Luther King, Jr. and the FBI surveillance he was subjected to in the time leading up to his death. He argues that it is possible for people to live in an environment that is more or less alienating to the way in which they perform their identities. Performativity scholars such as Devon Carbado and Mitu Gulati say that people can have an internal sense of self that is distinct from the identity …

Why Counting Votes Doesn't Add Up: A Response To Cox And Miles' Judging The Voting Rights Act, Ellen D. Katz, Anna Baldwin

Articles

In Judging the Voting Rights Act, Professors Adam B. Cox and Thomas J. Miles report that judges are more likely to find liability under section 2 of the Voting Rights Act (VRA) when they are African American, appointed by a Democratic president, or sit on an appellate panel with a judge who is African American or a Democratic appointee. Cox and Miles posit that their findings “contrast” and “cast doubt” on much of the “conventional wisdom” about the Voting Rights Act, by which they mean the core findings we reported in Documenting Discrimination in Voting: Judicial Findings Under Section 2 …

Servitude, Liberté Et Citoyenneté Dans Le Monde Atlantique Des Xviiie Et Xixe Siècles: Rosalie De Nation Poulard…, Rebecca J. Scott, Jean Hebrard

Articles

On December 4, 1867, the ninth day of the convention to write a new post-Civil War constitution for the state of Louisiana, delegate Edouard Tinchant rose to propose that the convention should provide “for the legal protection in this State of all women” in their civil rights, “without distinction of race or color, or without reference to their previous condition.” Tinchant’s proposal plunged the convention into additional debates ranging from voting rights and equal protection to recognition of conjugal relationships not formalized by marriage.

This article explores the genesis of Tinchant’s conceptions of citizenship and women’s rights through three generations …