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Articles 1 - 21 of 21
Full-Text Articles in Law
Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig
Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig
Faculty Scholarship
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
Mary L. Dudziak
When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
Mary L. Dudziak
When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
Faculty Scholarship
This essay explores the process of teaching students—and ourselves—to listen to and accept different versions of reality. Such exploration results in a proposition that is easy to state but difficult to accomplish: that in order to achieve this goal, we must challenge the students' "common sense”—their sense that they "know" how people act—by offering examples of behaviors that differ from that knowledge, without triggering the very "common sense" we are trying to combat. Toward this end, the first section of the essay presents a hypothetical initial interview with a client, and the student interviewer's reactions to her, which reflect the …
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang
Indiana Law Journal
No abstract provided.
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem
Oklahoma Law Review
No abstract provided.
Making Traditional Courses More Inclusive: Confessions Of An African American Female Professor Who Attempted To Crash All The Barriers At Once, Angela Mae Kupenda
Making Traditional Courses More Inclusive: Confessions Of An African American Female Professor Who Attempted To Crash All The Barriers At Once, Angela Mae Kupenda
Journal Articles
"WE MUST DISMANTLE all barriers at once!"' "No, go slow!" These were two of the opposing cries heard during, the civil rights movement. Some thought the only way to eliminate exclusiveness, based on race and gender, was to dismantle all the barriers all at once. Others thought the costs of such change too great and urged for caution and patience. Even in the 1990s, barriers of exclusiveness continue to exist, even in the law school classroom. Here I share my story of how, as a beginning law school professor, I tried to bring change to the law school classroom. I …
Two Parents Are Better Than None: Whether Two Single, African American Adults--Who Are Not In A Traditional Marriage Or A Romantic Or Sexual Relationship With Each Other--Should Be Allowed To Jointly Adopt And Co-Parent African American Children, Angela Mae Kupenda
Journal Articles
This article proposes an additional adoption model to allow joint adoption and co-parenting by single African Americans who are not in a traditional marriage relationship with each other and not in a romantic or sexual relationship with each other. Under this model, for example, two friends, two sisters, two brothers, a sister and a brother, etc., could jointly adopt and co-parent a child. If some new model such as this one is not devised, many single blacks may hesitate to take on the entire adoption responsibility alone. As a result, many black children will continue to go without any parents. …
Foreword, Katharine B. Silbaugh
Foreword, Katharine B. Silbaugh
Faculty Scholarship
This special section of The Boston University Public Interest Law Journal addresses the issue of transracial adoptions. Few topics within family law generate as much controversy as the placement of Black or other minority and mixed race children for adoption with white families. Although transracial placement could in theory apply to the placement of white children with mixed race and Black families, in practice it has not. The predominant practice of matching adoptive children with adoptive parents of the same race has come under increasing scrutiny in recent years as many older and difficult to place minority children wait in …
Race, Cops, And Traffic Stops, Angela J. Davis
Race, Cops, And Traffic Stops, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Faculty Scholarship
This article explores the position of women of color in the affirmative action dialogue. Affirmative action has come under attack locally, statewide, and federally. During this same period, critical race feminists have brought into sharp relief how women of color are marginalized or erased in discourses over sex and gender, as well as over race and ethnicity. Despite these protests and warnings, the current debate over affirmative action continues this history of invisibility, perpetuating America's spoken and unspoken conceptions about where women of color belong. For example, most discussion of affirmative action focuses on race, more specifically on African-Americans. Some …
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Touro Law Review
No abstract provided.
Representing Black Male Innocence, Joan W. Howarth
Representing Black Male Innocence, Joan W. Howarth
Scholarly Works
This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.
The second part uses the case to investigate …
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Faculty Scholarship
This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …
The Underfederalization Of Crime, A. Kimberley Dayton
The Underfederalization Of Crime, A. Kimberley Dayton
Faculty Scholarship
This article contends that judicial and academic complaints about the overfederalization of crime largely have matters backwards. The image of a runaway national government increasingly taking away the enforcement of the criminal law from the States is essentially false. The available evidence indicates that the national government's share in the enforcement of criminal law has been actually diminishing for more than the last half century. The national government does have concurrent authority over a greater range of criminal activity now, including much violent street crime. But, contrary to Lopez and the conventional wisdom it embraces, this expanded authority does not …
Race And Criminal Justice, Richard B. Collins
Classifying Race, Racializing Class, Fran Ansley
Classifying Race, Racializing Class, Fran Ansley
Scholarly Works
No abstract provided.
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Lenard Hutchinson
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Lenard Hutchinson
UF Law Faculty Publications
No abstract provided.
The Diversity Among Us, Berta E. Hernández-Truyol
The Diversity Among Us, Berta E. Hernández-Truyol
UF Law Faculty Publications
It is really a pleasure to be here today and I think we owe great thanks to Western New England College School of Law for hosting this historic First Annual Northeastern People of Color Legal Scholarship Conference. I think there are two people who deserve special mention and to whom a great deal of thanks are in order. First, I would like to thank Dean Mahoney of Western New England College School of Law who made this conference possible. These events just do not happen without administrative and, more specifically, deaconal support. Her role and support are invaluable. The other …
Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza
Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza
Angela P Harris
No abstract provided.