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University of Miami Law School

Civil Rights and Discrimination

Ethnicity

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Full-Text Articles in Law

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri Jul 2023

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

Articles

The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …


Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan Jun 2023

Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan

University of Miami Inter-American Law Review

This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …


Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave Jul 2022

Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave

Articles

No abstract provided.


Booktalk: The Cult Of The Constitution, Mary Anne Franks Jan 2021

Booktalk: The Cult Of The Constitution, Mary Anne Franks

Articles

No abstract provided.


The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases And The Nynex Consent Decree In Roxbury, Madeleine M. Plasencia Jan 1999

The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases And The Nynex Consent Decree In Roxbury, Madeleine M. Plasencia

Articles

No abstract provided.