Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 44

Full-Text Articles in Law

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2018

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


Brief Of Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Darryl K. Brown, Robert P. Burns, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar, Jessica L. West Jan 2016

Brief Of Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Darryl K. Brown, Robert P. Burns, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar, Jessica L. West

Faculty Scholarship

No abstract provided.


The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller Jan 2016

The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar Dec 2015

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.


The Voting Rights In Winter: The Death Of A Superstatute, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2015

The Voting Rights In Winter: The Death Of A Superstatute, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

The Voting Rights Act (“VRA”), the most successful civil rights statute in American history, is dying. In the recent Shelby County decision, the U.S. Supreme Court signaled that the anti-discrimination model, long understood as the basis for the VRA as originally enacted, is no longer the best way to understand today’s voting rights questions. As a result, voting rights activists need to face up to the fact that voting rights law and policy are at a critical moment of transition. It is likely the case that the superstatute we once knew as the VRA is no more and ...


State’S Rights, Last Rights, And Voting Rights, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2014

State’S Rights, Last Rights, And Voting Rights, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

There are two ways to read the Supreme Court’s decision in Shelby County Alabama v. Holder: as a minimalist decision or as a decision that undermines the basic infrastructure of voting rights policy, law, and jurisprudence. In this Article, we present the case for reading Shelby County as deeply destabilizing. We argue that Shelby County has undermined three assumptions that are foundational to voting rights policy, law, and jurisprudence. First, the Court has generally granted primacy of the federal government over the states. Second, the Court has deferred to Congress particularly where Congress is regulating at the intersection of ...


Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young Jan 2014

Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young

Faculty Scholarship

No abstract provided.


Voting Rights Law And Policy In Transition, Guy-Uriel E. Charles, Luis E. Fuentes-Rohwer Jan 2014

Voting Rights Law And Policy In Transition, Guy-Uriel E. Charles, Luis E. Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome Jan 2014

A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome

Faculty Scholarship

This symposium essay summarizes our ongoing ethnographic research on corporate board diversity, discussing the central tension in our respondents’ views – their overwhelmingly enthusiastic support of board diversity coupled with an inability to articulate coherent accounts of board diversity benefits that might rationalize that enthusiasm. As their reactions make clear, frank dialogue about race and gender – even a seemingly benign discussion of diversity’s benefits – can be a difficult conversation.


Do Racial Disparities Exist During Pretrial Decisionmaking? Evidence From North Carolina, Guangya Liu, Chloe Johnson, Neil Vidmar Jan 2014

Do Racial Disparities Exist During Pretrial Decisionmaking? Evidence From North Carolina, Guangya Liu, Chloe Johnson, Neil Vidmar

Faculty Scholarship

Racial Disparities in the Criminal Justice System are well documented in that minority defendants are over-represented compared with white defendants. The present authors argue that it is crucial to study the pretrial stages because they are a pivotal point in the criminal justice process continuum and racial disparities may begin to take root at an early stage of the process.

We find some evidence of racial disparities in pretrial decisionmaking. The type of bond assigned differs by race. Black defendants who were unable to post bond spent more days in jail, compared to white counterparts. However, race is not a ...


The Danger Of Difference: Tensions In Directors’ View Of Corporate Board Diversity, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome Jan 2013

The Danger Of Difference: Tensions In Directors’ View Of Corporate Board Diversity, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome

Faculty Scholarship

This Article describes the results from fifty-seven interviews with corporate directors and a limited number of other persons (including institutional investors, search firm personnel, and the like) regarding their views on corporate board diversity. It highlights numerous tensions in these views. Most directors, for instance, proclaim that diverse boards are good, but very few directors can articulate their reasons for this belief. Some directors have suggested that diverse boards work better than non-diverse boards, but gave relatively few concrete examples of specific instances where a female or minority board member made a special contribution related to that director’s race ...


Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles Jan 2013

Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles Jan 2012

Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar Jan 2012

The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar

Faculty Scholarship

No abstract provided.


Mental Health Care Consumption And Outcomes: Considering Preventative Strategies Across Race And Class, Barak D. Richman, Dan Grossman, Frank A. Sloan, Craig Chepke Jan 2012

Mental Health Care Consumption And Outcomes: Considering Preventative Strategies Across Race And Class, Barak D. Richman, Dan Grossman, Frank A. Sloan, Craig Chepke

Faculty Scholarship

In previous work (Richman 2007), we found that even under conditions of equal insurance coverage and access to mental healthcare providers, whites and high-income individuals consume more outpatient mental health services than nonwhites and low-income individuals. We follow-up that study to determine (1) whether nonwhite and low-income individuals obtain medical substitutes to mental healthcare, and (2) whether disparate consumption leads to disparate health outcomes. We find that nonwhites and low-income individuals are more likely than their white and high-income counterparts to obtain mental health care from general practitioners over mental healthcare providers, and nearly twice as likely not to follow ...


Intra-Group Preferencing: Problems Of Proof In Colorism And Identity Performance Cases, Trina Jones Jan 2011

Intra-Group Preferencing: Problems Of Proof In Colorism And Identity Performance Cases, Trina Jones

Faculty Scholarship

Historically, U.S. anti-discrimination law has been concerned with the total exclusion of certain groups from the workplace or from particular job categories within the workplace. Laws were directed at this across-the-board intolerance. As scholars (including Devon Carbado, Barbara Flagg, Mitu Gulati, Angela Harris and others) have noted, this is not the sole or arguably the primary way in which discrimination operates today. Homogeneous institutions and job categories are now suspicious (and presumably the market will no longer tolerate such places). Thus, instead of the wholesale exclusion of groups, what we are more likely to see is intra-group “screening” or ...


Dangerous Categories: Narratives Of Corporate Board Diversity, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec Jan 2011

Dangerous Categories: Narratives Of Corporate Board Diversity, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec

Faculty Scholarship

In this article, we report the results of a series of interviews with corporate directors about racial, ethnic, and gender diversity on corporate boards. On the one hand, our respondents were clear and nearly uniform in their statements that board diversity was an important goal worth pursuing. Yet when asked to provide examples or anecdotes illustrating why board diversity matters, many subjects acknowledged difficulty in illustrating theory with reference to practice.

This expressed reluctance to come to specific terms with general claims about the value of director diversity inspired our title phrase: dangerous categories. That is, while "diversity" evokes universal ...


“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel Jan 2010

“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel

Faculty Scholarship

In this essay, Professor Siegel examines the nature and function of constitutional visions in the American constitutional order. He argues that Associate Justice Ruth Bader Ginsburg possesses such a vision and that her vision is defined by her oft-stated commitment to “full human stature,” to “equal citizenship stature.” He then defends Justice Ginsburg’s characteristically incremental and moderate approach to realizing her vision. He does so in part by establishing that President Barack Obama articulated a similar vision and approach in his Philadelphia speech on American race relations and illustrated its capacity to succeed during the 2008 presidential election.


Response: Anti-Discrimination Law In Peril?, Trina Jones Jan 2010

Response: Anti-Discrimination Law In Peril?, Trina Jones

Faculty Scholarship

No abstract provided.


Narratives Of Diversity In The Corporate Boardroom: What Corporate Insiders Say About Why Diversity Matters, Kimberly D. Krawiec, Lissa Lamkin Broome, John M. Conley Jan 2010

Narratives Of Diversity In The Corporate Boardroom: What Corporate Insiders Say About Why Diversity Matters, Kimberly D. Krawiec, Lissa Lamkin Broome, John M. Conley

Faculty Scholarship

Over the last generation, the concept of diversity has become commonplace and taken-for-granted in discourses ranging from law to education to business. In higher education, for example, it is hard to imagine a faculty job search or a student admissions discussion that was not heavily laden with talk of diversity, in the sense of the representative inclusion of women and racial and ethnic minorities in a group or organization. In this paper we present the results of an interview-based study of the discourse of diversity in a particular business setting: the corporate boardroom. Our principal observation is that—thirty-one years ...


A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky Jan 2010

A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky

Faculty Scholarship

Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of equality ...


Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles Jan 2009

Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles

Faculty Scholarship

In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 University of Pennsylvania Law Review 1075 (2009)


White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller Jan 2008

White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller

Faculty Scholarship

In 2008, Jones v. Alfred H. Mayer Co. turned forty. In Jones, the U.S. Supreme Court held for the first time that Congress can use its enforcement power under the Thirteenth Amendment, which abolished slavery, to prohibit private racial discrimination in the sale of property. Jones temporarily awoke the Thirteenth Amendment and its enforcement legislation--the Civil Rights Act of 1866--from a century-long slumber. Moreover, it recognized an economic reality: racial discrimination by private actors can be as debilitating as racial discrimination by public actors. In doing so, Jones veered away from three decades of civil rights doctrine--a doctrine that ...


After Inclusion, Mitu Gulati, Devon W. Carbado, Catherine Fisk Jan 2008

After Inclusion, Mitu Gulati, Devon W. Carbado, Catherine Fisk

Faculty Scholarship

What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workplaces and labor markets. Underwriting this effort is the notion that, although determining what happens before and during the moment in which a prospective employee is excluded from an employment opportunity ...


Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2006

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 Jan 2004

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 ...


In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2004

In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr. Jan 2004

Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.

Faculty Scholarship

No abstract provided.


Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes Jun 2003

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 Jan 2003

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 not discuss how norms incentivize racial behavior, obscuring that how people present their race (or themselves as racial subjects) is a function of norms. The strength of CRT is its conception of race as a social construction. Under this view, race is neither biologically determined nor fixed. Instead, race is ever evolving as a function of social, political, legal, and economic pressures. A limitation of CRT is that much of its analysis of race as a social construction is macro-oriented. Thus, CRT has paid insufficient attention to the social construction of race within specific institutional settings, like the workplace. Further, CRT has virtually ignored the agency people of color exercise to shape how their racial identity is interpreted - that is say, constructed. Explicitly incorporating L&E's focus on incentives and norms into CRT provides CRT with a means by which to articulate the notion of race as a social construction at the level of individual "choice." The basic idea is that people of color construct (present racial impressions of) themselves in response to norms. Norms, in this sense, are racially productive, and individuals are part of the production apparatus. Having set out the basic elements of the collaborative enterprise, we deploy this collaboration to respond to a specific and important question about the workplace: How are modern employers and employees likely to "manage" workplace racial diversity? We raise this question because we assume that, for institutional legitimacy reasons, most workplaces will strive to achieve at least a modicum of racial diversity. The question, again, is: How will this diversity be managed? Part of the answer has to do with assimilation, an ideological technology for constructing race and a central theme in CRT; and part of the answer has to do with efficiency, an ideological technology for creating incentives and a central theme in L&E. Both ideas - assimilation and efficiency - combine to tell a story about workplace discrimination that derives from what we call "the homogeneity incentive." In sum, in order to increase efficiency, employers have incentives to screen prospective employees for homogeneity, and, in order to counter racial stereotypes, nonwhite employees have incentives to demonstrate a willingness and capacity to assimilate. In this sense, the modern workplace discrimination problem may be more about ...