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Articles 31 - 54 of 54
Full-Text Articles in Law
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles
Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles
Faculty Scholarship
In this Article, the author explores Grutter v. Bollinger from the vantage point of the colorblindness principle. He posits that the Grutter decision is noteworthy for two reasons. First, the Court rejected the argument that the Constitution is colorblind and that the classifications based on race are per se unconstitutional. Second, the Court explicitly recognized that racial categorizations are not all morally equivalent. The author uses classical liberalism as a heuristic for exploring whether the colorblindness argument is necessarily a moral imperative. He ultimately concludes that the Court adopted the correct approach in Grutter in rejecting the allure of the …
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Faculty Scholarship
No abstract provided.
In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer
In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Faculty Scholarship
No abstract provided.
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.
Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.
Faculty Scholarship
In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not because of their sexuality but, rather, despite it. The authors demonstrate their thesis by examining the racial underpinnings of the Court's opinion, which begins with Justice Harlan's famous dissent in Plessy v. Ferguson and which relies on a specific vision of color-blindness. This submerged racial jurisprudence provides the …
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Eliminating Discrimination In Administering The Death Penalty: The Need For The Racial Justice Act, Erwin Chemerinsky
Eliminating Discrimination In Administering The Death Penalty: The Need For The Racial Justice Act, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr.
Understanding The Racial Discourse Of Justice Rehnquist, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Small Numbers, Big Problems, Black Men, And The Supreme Court: A Reform Program For Title Vii After Hicks, Jerome Mccristal Culp Jr.
Small Numbers, Big Problems, Black Men, And The Supreme Court: A Reform Program For Title Vii After Hicks, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
A New Journal Of Color In A “Colorblind” World: Race And Community, Jerome Mccristal Culp Jr., Frank Cooper, Lovita Tandy
A New Journal Of Color In A “Colorblind” World: Race And Community, Jerome Mccristal Culp Jr., Frank Cooper, Lovita Tandy
Faculty Scholarship
No abstract provided.
Notes From California: Rodney King And The Race Question, Jerome Mccristal Culp Jr.
Notes From California: Rodney King And The Race Question, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Neutrality, The Race Question, And The 1991 Civil Rights Act: The “Impossibility” Of Permanent Reform, Jerome Mccristal Culp Jr.
Neutrality, The Race Question, And The 1991 Civil Rights Act: The “Impossibility” Of Permanent Reform, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
You Can Take Them To Water But You Can’T Make Them Drink: Black Legal Scholarship And White Legal Scholars, Jerome Mccristal Culp Jr.
You Can Take Them To Water But You Can’T Make Them Drink: Black Legal Scholarship And White Legal Scholars, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.
Book Review, Michael E. Tigar
The New Law Of Race Relations, Arthur Larson
The New Law Of Race Relations, Arthur Larson
Faculty Scholarship
No abstract provided.
The Law Schools And The Negro, Ernest Gellhorn
The Law Schools And The Negro, Ernest Gellhorn
Faculty Scholarship
No abstract provided.