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Articles 1 - 11 of 11
Full-Text Articles in Law
Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson
Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson
Michigan Journal of Race and Law
This Essay situates Professor Malavet's analysis in LatCrit theory. The diminished citizenship status of Puerto Ricans on the island shares important commonalities with and differences from the experiences of persons of Mexican ancestry in the United States. Both Mexican Americans and Puerto Ricans enjoy citizenship and membership rights unequal to those accorded Anglos, although one group (Mexican Americans) is composed of citizens by law with full legal rights while the other (Puerto Ricans) includes United States citizens with limited legal rights in Puerto Rico. The guarantees of the law historically have held limited meaning for Mexican Americans; the limitation on …
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Michigan Journal of Race and Law
This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
Michigan Journal of Race and Law
This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.
The Alienation Of Fathers, Linda Kelly
The Alienation Of Fathers, Linda Kelly
Michigan Journal of Race and Law
By evaluating immigration and custody law from a father's perspective and thereby uncovering and addressing the biases held against men, both fathers and mothers will achieve greater recognition. Beyond revealing gender discrimination, such a study also demonstrates the disparate views still harbored toward unmarried parents. Examining custody and immigration law with an emphasis on these issues will hopefully foster a dialogue that brings the law in line with the reality of today's families and promotes each family member's individual potential.
The New Cultural Diversity And Title Vii, Steven A. Ramirez
The New Cultural Diversity And Title Vii, Steven A. Ramirez
Michigan Journal of Race and Law
This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …
Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero
Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero
Michigan Journal of Race and Law
This Essay will focus on "racial profiling" not just in the way many people think about the term-that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black"-but also in the context of "affirmative action"-namely, using race as a factor in employment and educational decisions. More broadly, then, the author wants us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual," which moves us slightly away from more pejorative notions of the phrase that have seeped into the national …
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Michigan Journal of Race and Law
This Article articulates a theory of Puerto Rican cultural nationhood that is largely based on ethnicity. In linking ethnicity and citizenship, it is imperative, however, to avoid the evils of ethnic strife and balkanization, while celebrating rather than imposing difference; community consciousness cannot degenerate into fascism.
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Michigan Journal of Race and Law
This article proposes "de-coding" as a method for unveiling the racist purpose behind the enactment of race-neutral legislation. Through the use of "code words," defined as “phrases and symbols which refer indirectly to racial themes, but do not directly challenge popular democratic or egalitarian ideals,” legislators can appeal to racist sentiments without appearing racist. More importantly, they can do so without leaving evidence that can be traced back as an intent to discriminate. This article proposes to use "de-coding" as a method to unmask the racist purpose behind the enactment of the 100:1 crack versus powder cocaine ratio for mandatory …
Protecting Native Americans: The Tribe As Parens Patriae, Cami Fraser
Protecting Native Americans: The Tribe As Parens Patriae, Cami Fraser
Michigan Journal of Race and Law
This Note argues that Tribes have parens patriae standing to protect their citizens through litigation on their behalf, even if not all of their citizens are engaged in the litigation. Part I examines the current requirements of parens patriae standing, as articulated by the Supreme Court. Part II briefly examines the nature of tribal sovereignty within American jurisprudence and concludes that parens patriae standing is a retained right of the Tribes. Part III examines the way in which the Federal District Courts have incorrectly handled tribal parens patriae standing. This section argues for a reexamination of Supreme Court doctrine when …
Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly
Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly
Michigan Journal of Race and Law
This Case Note examines a recent Supreme Court decision that collapses the purpose and effect prongs of Section 5, effectively lowering the barrier to preclearance for covered jurisdictions. In Reno v. Bossier Parish School Board II the Court determined that Section 5 disallows only voting plans that are enacted with a retrogressive purpose (i.e., with the purpose to "worsen" the position of minority voters). The Court held that Section 5 does not prohibit preclearance of a plan enacted with a discriminatory purpose but without a retrogressive effect. Evidence of a Section 2 violation alone will not be enough to prove …
Breaking Into The Academy: The 2000-2002 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Breaking Into The Academy: The 2000-2002 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Michigan Journal of Race and Law
Once you have set your sights upon a career in law teaching you must determine how best to position yourself to obtain a job in the field. The answer is to write, publish, and otherwise bolster your credentials. Write as many papers with as many of your law school professors as you can; write onto a journal and have your article published; work as a research assistant for a professor and write with him or her; work for a judge and write bench memos and draft opinions; work for a public interest organization or a law firm and publish scholarship …