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Articles 1 - 7 of 7
Full-Text Articles in Law
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
Michigan Journal of Race and Law
This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.
The Tension Between The Need And Exploitation Of Migrant Workers: Using Msawpa's Legislative Intent To Find A Balanced Remedy, Mark J. Russo
The Tension Between The Need And Exploitation Of Migrant Workers: Using Msawpa's Legislative Intent To Find A Balanced Remedy, Mark J. Russo
Michigan Journal of Race and Law
This Comment concludes that the recent Maine federal district cases represent an irreconcilable spike in a national and international trend to afford more protection to a vulnerable class whose resources are the object of urgent demand. However, the search for a proper remedial weight in the balance between migrant worker protection and the provision of competitive farm labor is not a new problem.
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Michigan Journal of International Law
Interest groups advocating rights of sexual minorities have been lobbying international organizations for years without success. A standard explanation for that failure is that human sexuality is something complex, even mysterious, which requires that international organizations proceed with special caution. In this essay, it will be argued that such an explanation amounts to a self-fulfilling prophecy. Sexual orientation is neither more nor less complex than many other issues, such as race, ethnicity, religion or gender, which have nevertheless found wide recognition within leading intergovernmental organizations. It is not because sexual orientation is uniquely complex or mysterious that it is barred …
Striking A Sincere Balance: A Reasonable Black Person Standard For "Location Plus Evasion" Terry Stops, Mia Carpiniello
Striking A Sincere Balance: A Reasonable Black Person Standard For "Location Plus Evasion" Terry Stops, Mia Carpiniello
Michigan Journal of Race and Law
Randall Susskind originally proposed the "reasonable African American standard” for Terry stops as a way to minimize racial disparities in Fourth Amendment jurisprudence. This paper will expand upon Susskind's suggested standard within the specific context of "location plus evasion" stops, in which suspects are stopped upon flight in a high-crime neighborhood. Part one will present the reasonable Black person standard in the context of Illinois v. Wardlow, a recent "location plus evasion case." Part one will then show how this alternative standard better accounts for Wardlow's "raced" decision to flee, the police officers' "raced" decision to stop him, and …
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Michigan Journal of Race and Law
This Case Note presents the facts of Montero-Camargo, describes the decision of the Ninth Circuit Court in historical context, and analyzes the effect of the Court's holding. The Case Note argues that while the Ninth Circuit's decision to prohibit the use of race as a factor in determining the reasonableness calculus in traffic stops is progressive in spirit, implementing the decision will be difficult. Thus far, mechanisms designed to limit officers' use of race in traffic stops have been ineffective and have left victims with little recourse, resulting in a disproportionate number of innocent African American and Latino drivers …
Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson
Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson
Seattle University Law Review
This Article will view the relationship between affirmative action and law school admissions through the lens of The Bell Curve, a book suggesting that a genetic link probably exists between race and intelligence. In The Bell Curve, Charles Murray and Richard J. Herrnstein conduct a statistical analysis on a variety of aptitude tests and other measures of intelligence, concluding that blacks and whites do differ on standardized tests of cognitive ability, even when controlling for such factors as motivation and socioeconomic status. Indeed, much of the book is geared toward discounting environmental explanations of intelligence scores. The relevancy …
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
St. Mary's Law Journal
Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …