Law Commons^™

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

American University Law Review

No abstract provided.

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

American University Law Review

No abstract provided.

We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin

Dalhousie Law Journal

In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …

Disciplinary Differences, Dwight Aarons

Scholarly Works

No abstract provided.

Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.

University of the District of Columbia Law Review

The focus of this Article, however, is on the more pervasive problem of overzealous police officers acting on less than probable cause or even less than reasonable articulable suspicion. Police officers may frequently act on hunches or suspicions with the attitude that their actions will not be questioned, especially when the victim is a minor and may not be savvy enough to know his or her legal rights. Officers may believe they can act with impunity because of the combination of socio-economic conditions in public housing areas and in other low-income housing areas, or where there are a substantial number …

Critical Cultural Law And Economics, The Culture Of Deindividualization, The Paradox Of Blackness, Linz Audain

Indiana Law Journal

No abstract provided.

Who's Black, Who's White, And Who Cares: Reconceptualizing The United States Definition Of Race And Racial Classifications, Luther Wright, Jr.

Vanderbilt Law Review

How much would it be worth to a young man entering upon the practice of law, to be regarded as a white man rather than a colored one?... Probably most white persons if given a choice, would prefer death to life in the United States as a colored person.... Indeed, [being white] is the master-key that unlocks the golden door of opportunity.

There is no law of the United States, or of the state of Louisiana defining the limits of race-who are white and who are "colored'? By what rule then shall any tribunal be guided in determining racial character? …

The Color Of Tradition: Critical Race Theory And Postmodern Constitutional Traditionalism, Robert L. Hayman

Robert L. Hayman

No abstract provided.

On Not "Getting It", Dianne Pothier

Dianne Pothier Collection

Although there has been increasing awareness regarding equity and access issues in the legal profession, that awareness has tended to miss the multi-faceted nature of the problem. The author discusses how the recognition of one kind of barrier may not assist in the recognition of others. Understanding race or gender does not necessarily imply understanding disability or sexual orientation. Students, faculty and practitioners need to challenge and question their assumptions, to guard against barriers to entry and to really belonging.

Bien qu 'ii y ail une prise de conscience grandissante en ce qui touche /es questions d'egalite et d'acces dans …

Review Of: It Just Ain't Fair: The Ethics Of Health Care For African Americans (Annette Dula & Sara Goering Eds.), Carrie Anne Juliano

RISK: Health, Safety & Environment (1990-2002)

Review of: It Just Ain't Fair: The Ethics of Health Care for African Americans (Annette Dula & Sara Goering eds., Praeger 1994) About the editors and contributors, acknowledgements, bibliography, foreword by Mark Siegler, index, notes. L.C. 93-43780, ISBN 0-275-94494-8. [ 336 pp. Paper $19.95. P.O. Box 5007, Westport CT 06881-5007.]

Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia

Scholarly Works

Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …

Language And Silence: Making Systems Of Privilege Visible, Adrienne D. Davis, Stephanie M. Wildman

Scholarship@WashULaw

A colleague of mine once had a dream in which I appeared. My colleague, who is African-American, was struggling in this dream to be himself in the presence of a monolithic white maleness that wanted to oppress my friend and deny his intellect, his humanity, and his belonging in our community. In his dream, I, a white woman, attempted to speak on his behalf, but the white man and I spoke as if my friend were not there.

This portrayal disturbed me because I know my friend can speak for himself. Recognizing this fact, he described my discomfort at participating …

Equal Protection

Touro Law Review

No abstract provided.

Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius

All Faculty Scholarship

This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …

First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth

Scholarly Works

Do all of us who choose members of our own sex as objects of desire and as sexual partners share some meaningful common identity, such as “homosexual,” “gay” or perhaps “queer”? The classifications “homosexual” and “gay” claim for themselves just that kind of inclusiveness; that is, that the gay world includes people of all races, all classes and any possible gender identity. You, me, James Baldwin, Gertrude Stein, J. Edgar Hoover: we are all gay together. In this way “homosexual” or “gay” is a generic term, like, for example, “human being.” But we know that the alleged inclusiveness masks just …