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Articles 1 - 13 of 13

Full-Text Articles in Law

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes Dec 2002

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes

Michigan Law Review

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been condoned ...


"I Will Not Sit Idly By While My Future Is Determined:" The Response Of The University Of Michigan Black Law Students' Alliance To Grutter V. Bollinger, Et Al., The Black Law Students' Alliance Jan 2002

"I Will Not Sit Idly By While My Future Is Determined:" The Response Of The University Of Michigan Black Law Students' Alliance To Grutter V. Bollinger, Et Al., The Black Law Students' Alliance

Michigan Journal of Gender & Law

Back in 1998, the Michigan Journal of Gender & Law expressed support for the University of Michigan Law School's defense of its affirmative action policy, which is at controversy in Grutter v. Bollinger. Today, as in 1998, "[W]e certainly do not believe the Law School admissions policy truly addresses the inequalities within our law school and the legal profession generally. Legal education is unfortunately not a bastion of diversity." Women and students of color struggle to be heard and seen, and to achieve equal representation in both the study and practice of law. "Without active efforts, we cannot create a society with equal opportunity for people of different races, genders, and sexual orientations. We strive for such a reality, and we hope that the Law School will not be prohibited from trying to move us there. Diversity is more than a method of enhancing the intellectual experience of law students or a narrow manifestation of 'fairness' which should be protected; it is justice that the Law School, its faculty, and its students are affirmatively obligated to seek out." Now, three years later, the validity of the Law School's affirmative action policy still hangs in the balance. Unfortunately, the most recent decision in the matter was not favorable for supporters of affirmative action. Now more than ever, the Michigan Journal of Gender & Law stands by the Law School and its policies. As a journal, however, we also are committed to providing a forum for the discussion of all views, regardless of whether ...


"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke Jan 2002

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to ...


Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing Jan 2002

Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing

Michigan Journal of Race and Law

Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion ...


The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey Jan 2002

The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey

Michigan Journal of Race and Law

After a brief overview of school finance litigation since Rodriguez and school desegregation cases since Brown, Part I argues that the "adequacy" model of reform addresses many of the underlying concerns of the equity model without sharing its methodological and strategic shortcomings. Part II focuses in more detail on Campaign for Fiscal Equity v. State ("CFE"). Part III argues that education reform that is implemented after a finding that a state has violated a state constitutional duty should: (1) equalize funding to the extent necessary to guarantee certain minimum necessary inputs such as qualified teachers, small class sizes, adequate physical ...


Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich Jan 2002

Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich

Michigan Journal of Race and Law

Part I of this Article discusses the history of Brown, and the legal and political barriers that prevented the nation from fulfilling Brown's promise. Part II, will examine the phenomenon of White flight, which resulted from the efforts to implement the court-ordered desegregation of public schools. The political and economic effects of White flight on school reform efforts will also be examined. Part III will provide the reader with possible explanations for why school desegregation failed. The author will argue that the unexpected complexity of the task of desegregation, the lack of a unified direction among the judiciary, and ...


The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers Jan 2002

The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers

Michigan Journal of Race and Law

The Michigan Journal of Race & Law Symposium, February 8th and 9th, 2002, at the University of Michigan examined the issue: Separate but Unequal: The Status of America's Public Schools. In the past, children of color were expressly denied an equal education on the basis of their race. Today's policies deny many children of color access to educational programs and supports, for reasons that are neutral on their face, with devastating consequences to the students, their families and their communities. The following article explores the concerns and experiences of a public service agency with the growing application of "Zero ...


"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor Jan 2002

"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor

Michigan Journal of Race and Law

The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in ...


Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law Jan 2002

Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Transcript of the symposium, which took place at the University of Michigan Law School on Saturday, February 9, 2002 in Hutchins Hall.


Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown Jan 2002

Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown

Michigan Journal of International Law

This Article proposes a paradigm shift away from the traditional rights-based, Pan-Africanist trajectory of black internationalism, grounded largely in concerns over racial justice and Pan-African solidarity, and instead embraces an economically grounded black empowerment strategy that is responsive first and foremost to the unique economic imperatives of the emerging world economy. Indeed, the growing complexity of the emerging global economic order as represented by a shift toward rule formalism in the, international trade sphere and embodied in multilateral initiatives like the North American Free Trade Agreement, the General Agreement on Tariffs and Trade, and the World Trade Organization, mandates that ...


Multicultural Jurisdictions At The National And International Levels, Christina L. Brandt-Young Jan 2002

Multicultural Jurisdictions At The National And International Levels, Christina L. Brandt-Young

Michigan Journal of International Law

Review of Multicultural Jurisdictions: Cultural Differences and Women's Rights by Ayelet Shachar


Racial Profiling Under Attack, Samuel R. Gross, D. Livingston Jan 2002

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in ...


Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames Jan 2002

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames

Articles

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been ...