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Articles 61 - 83 of 83
Full-Text Articles in Law
Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin
Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin
Fordham Law Review
No abstract provided.
University Dons And Warrior Chieftains: Two Concepts Of Diversity, Thomas H. Lee
University Dons And Warrior Chieftains: Two Concepts Of Diversity, Thomas H. Lee
Fordham Law Review
No abstract provided.
Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster
Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster
Fordham Law Review
No abstract provided.
The Conception Of Brown, Robert L. Carter
The Conception Of Brown, Robert L. Carter
Fordham Urban Law Journal
This Article discusses the pervasive racism that continues to exist in the United States and examines the critical role that the Supreme Court case Brown v. Board of Education played in transforming race relations. The Article stresses the need to find a way to rid the country of race and color differentiation and emphasizes the deleterious effect that segregated school systems have on black school childrens ability to learn. The Article examines how Brown came about and states that the Court's rejection of Plessy v. Ferguson is what makes the case so significant. The Article discusses some of the important …
The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones
The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones
Fordham Urban Law Journal
This Article discusses the history of school desegregation beginning with the pivotal decision in Brown v. Board of Education and noting the hopes that the case raised for black americans. The Article notes the resistance that Brown faced, especially from political forces who began to subvert the desegregation process, and examines the Supreme Court's subsequent decisions which aimed to secure Brown's objectives. The Article also examines the desegregation attempts in the North and discusses the difficulties plaintiffs faced in proving racial discrimination in school districts. The Article concludes by stating that the commitment to desegregation is waring and that segregation …
Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt
Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt
Faculty Scholarship
In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that most racialized conduct or thought is unconscious, rather than intentional, into account in their constitutional analyses of acts or policies challenged on the grounds of race. Drawing on the social science work of Erving Goffman and the ground-breaking work of Charles H. Lawrence, Professor Lenhardt argues that courts should …
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
Fordham Urban Law Journal
This article explores the factors that affect the creation of racial classifications and how they are reflected in the Census categories, particularly in regard to the classification of Hispanics. The article argues that an increase in racial minorities will not solely stop white racial domination of political power structures because of entrenched racial policies and practices. To end this domination, racial minorities must organize and collaborate to take down these racially oppressive structures.
A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore
A Call To Context: The Professional Challenges Of Cause Lawyering At The Intersection Of Race, Space, And Poverty, John O. Calmore
Fordham Law Review
No abstract provided.
From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines
From Representing "Clients" To Serving "Recipients": Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines
Fordham Law Review
No abstract provided.
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Faculty Scholarship
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Fordham Law Review
No abstract provided.
A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn
A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn
Fordham Law Review
No abstract provided.
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Fordham Law Review
No abstract provided.
Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David
Shaw V. Reno: A Mirage Of Good Intentions With Devastating Racial Consquences, A Leon Higginbotham, Jr., Gregory A. Clarick, Marcella David
Fordham Law Review
In this Article the authors critically examine the Supreme Court's recent decision in Shaw v. Reno, which held that a North Carolina minority-majority voting district of "dramatically irregular" shape is subject to strict scrutiny, absent sufficient race-neutral explanations for its boundaries. While the authors assert that such race-conscious redistricting will meet the burdens of strict-scrutiny, given the peculiar history of the southern states, they here argue that Shaw is fundamentally flawed. They examine the history of political racism in North Carolina leading up to the 1991 redistricting plan. They then examine the Court's misguided presumptions that race-conscious districting plans are …
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman
Fordham Urban Law Journal
This Article addresses how concepts of race and ethnicity have been operationalized as a basis for defining and locating subpopulations (either explicitly or implicitly) for the purpose of analyzing environmental equity issues, and recommends some future directions. Part II focuses on how subpopulations are currently defined and on some problems encountered to date. The implications of these inconsistencies on the accuracy of health and environmental risk measures for a given subpopulation are addressed. Part III focuses on how spatial areas have been defined to aggregate these subpopulations within confined geographic boundaries.
Notes From The Front Line, Nancy E. Anderson, Ph.D
Notes From The Front Line, Nancy E. Anderson, Ph.D
Fordham Urban Law Journal
In the last five years, local thinking about environmental protection started to take shape. It is indisputable that cities are not neutral or homogenous geographies in terms of distributing benefits and burdens by class and race. This fact is applicable to local environmental politics. Environmental justice and fair share advocates – and in some instances the courts – are finding that cities like New York are extremely heterogeneous in terms of environmental conditions and the impact of implementing environmental laws. This Essay describes the Environmental Benefits Program, which the New York City Department of Environmental Protection has undertaken in order …
Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon
Beyond Batson V. Kentucky: A Proposed Ethical Rule Prohibiting Racial Discrimination In Jury Selection, Andres G. Gordon
Fordham Law Review
No abstract provided.
Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh
Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh
Faculty Scholarship
"New voices" of future lawyers are particularly important in the area of civil rights because racial problems are theirs to confront in the next decades. Teaching techniques developed by Paulo Freire have facilitated the enlistment of students in the racial struggle. By these techniques teachers, as well as students, learn through sharing, and students become active participants, rather than passive observers, in the learning process. The educational process, Freire counsels, ''must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both are simultaneously teachers and students. In the fall of 1988, two …
Eradicating Racial Discrimination In Voter Registration: Rights And Remedies Under The Voting Rights Act Amendments Of 1982, Steven L. Lapidus
Eradicating Racial Discrimination In Voter Registration: Rights And Remedies Under The Voting Rights Act Amendments Of 1982, Steven L. Lapidus
Fordham Law Review
No abstract provided.
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
Fordham Law Review
No abstract provided.
Conflict Between The Judiciary And The Legislature In School Desegregation, Edward P. Meyers
Conflict Between The Judiciary And The Legislature In School Desegregation, Edward P. Meyers
Fordham Law Review
No abstract provided.
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Fordham Urban Law Journal
Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …