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Full-Text Articles in Law
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
University of Michigan Journal of Law Reform
In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya's proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in the …
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
University of Michigan Journal of Law Reform
Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
University of Michigan Journal of Law Reform
The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …
Silence And Silencing: Their Centripetal And Centrifugal Forces In Legal Communication, Pedagogy And Discourse, Margaret E. Montoya
Silence And Silencing: Their Centripetal And Centrifugal Forces In Legal Communication, Pedagogy And Discourse, Margaret E. Montoya
University of Michigan Journal of Law Reform
Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication that, like accents, is related to one's culture and may correlate with one's racial identity. The second part of the Article posits that silence can be a force that disrupts the dominant discourse within the law school …
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
University of Michigan Journal of Law Reform
This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Michigan Journal of Race and Law
This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
Michigan Journal of Race and Law
This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.
Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero
Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero
Michigan Journal of Race and Law
This Essay will focus on "racial profiling" not just in the way many people think about the term-that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black"-but also in the context of "affirmative action"-namely, using race as a factor in employment and educational decisions. More broadly, then, the author wants us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual," which moves us slightly away from more pejorative notions of the phrase that have seeped into the national …
Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams
Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams
Articles
Before making a few remarks in response to those who commented on our article (Lempert, Chambers, and Adams 2000), we would like to express our gratitude to the editors of Law and Social Inquiry for securing these commentaries and to the people who wrote them. The comments both highlight the potential uses to which our research and similar studies may be put and give us the opportunity to address methodological concerns and questions that other readers of our article may share with those who commented on it. The responses to our work are of two types. Professors Nelson, Payne, and …
Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams
Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams
Articles
This paper reports the results of a 1997-98 survey designed to explore the careers of the University of Michigan Law School's minority graduates from the classes of 1970 through 1996, and of a random sample of Michigan Law School's white alumni who graduated during the same years. It is to date the most detailed quantitative exploration of how minority students fare after they graduate from law school and enter law practice or related careers. The results reveal that almost all of Michigan Law School's minority graduates pass a bar exam and go on to have careers that appear successful by …