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Full-Text Articles in Law
Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner
Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner
University of Michigan Journal of Law Reform
In light of the recent controversy surrounding Augusta National Golf Club's exclusionary membership policy, this Article highlights the myriad incentives and disincentives that Augusta and similar clubs have for reforming such policies. The author acknowledges the economic importance of club membership in many business communities and addresses the extent to which club members' claims of rights of privacy and free association are valid. The Article also considers the potential of judicial action in promoting the adoption of more inclusive membership policy; the state action doctrine and the First Amendment right to freedom of association are discussed as frameworks under which …
Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson
Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson
Michigan Journal of Race and Law
This article will examine the concept of racist words, symbols, and actions that are used as weapons to "ambush, terrorize, wound, humiliate, and degrade,” as psychological and physiological violence. The implications of such violence are relevant to several affirmative defenses and, indeed, to the initial formulation of mens rea. The historical and contextual legacy that is intentionally invoked by the utilization of racialized violence is what separates the racial epithet or racially violent symbolism from other distressing insults and slurs. While First Amendment protection extends to offensive or insulting speech, the mental and physical sequelae of such speech, even absent …
In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner
In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner
Michigan Journal of Gender & Law
Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents
Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe
Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe
Michigan Journal of Race and Law
Part I of this article, on the historiography of South Carolina Reconstruction, explains the difficulty scholars have had in uncovering the documentary history of Reconstruction, and outlines the development of historical interpretations of Reconstruction from the Nineteenth century Redeemer-era accounts to the revisionists of the 1970's. Part II provides brief biographies of both Justice Wright and William James Whipper. Parts III and IV track the different approaches of Whipper and Wright on two vital issues of their day: (1) whether to repudiate all private debts relating to slavery; and (2) how to construct a homestead law to protect cash-poor landowners. …
Regulating Target Marketing And Other Race-Based Advertising Practices, Ross D. Petty, Anne-Marie G. Harris, Toni Broaddus, William M. Boyd Iii
Regulating Target Marketing And Other Race-Based Advertising Practices, Ross D. Petty, Anne-Marie G. Harris, Toni Broaddus, William M. Boyd Iii
Michigan Journal of Race and Law
Recognizing the significant role that advertising plays in American life, this article examines the phenomenon of race-based targeted marketing as a contributing factor to the racial tension of our media age and evaluates the role of government regulation in preventing the dissemination of racist messages through advertising. In Part I, the article first looks at the evolution of "mass" marketing into today's standard use of targeted marketing techniques, and especially how those techniques can sometimes have racist effects. In Part II, the article discusses both measurable and esoteric harms of cultural racism. Part III examines existing laws designed to regulate …
Prologue: Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Luke Charles Harris
Michigan Journal of Race and Law
The brief of Amici Curiae on Behalf of a Committee of Concerned Black Graduates of ABA Accredited Law Schools in Grutter v. Bollinger was written so as to intervene and to assist in the refraining of the public debate surrounding minority admissions programs in institutions of higher education.
Brief Of Amici Curiae On Behalf Of A Committee Of Concerned Black Graduates Of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jory Steele, Et Al., In Support Of Respondents, Mary Mack Adu Esq.
Michigan Journal of Race and Law
In the Supreme Court of the United States. Barbara Grutter V. Lee Bollinger
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Michigan Journal of Race and Law
In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
Michigan Journal of Race and Law
Review of The Ethics of Transracial Adoption by Hawley Fogg-Davis
"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani
"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani
Michigan Journal of Race and Law
This Article argues that the Court will not fulfill the promise of the Equal Protection Clause unless the Court adapts its vision of antidiscrimination to account for the complex nature of discrimination. Imagine that we could measure unconscious discrimination. If so, then we could broaden the concept of purposeful discrimination to include the measurement of a legislator's reliance on unconscious racial stereotypes. Such a measuring device may already exist: The Implicit Association Test (IAT), a computer-based test developed by Yale and University of Washington psychologists. Researchers do not yet know how well the IAT can uncover racial stereotypes; however, if …
Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett
Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett
Michigan Journal of Race and Law
As long as American politics remain securely bound to the two-party system, Blacks will remain a voting block; a block that may shift, but a block nonetheless. And although this appears to be to our strategic disadvantage, allowing conviction to direct us, as well as a deep respect for the intense struggle for the franchise, will forever be a noble posture.
Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton
Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton
Michigan Journal of Race and Law
Based upon the premise that land reform is essential to creating socio-economic equality, easing racial tensions and stemming the tide of violence in South Africa, this note will provide suggestions for effective land reform policy. To accomplish this, this Note will examine the paths taken by several other transitional African governments in land reform policy. It will attempt to extract practical lessons from their experiences and apply them towards the development of effective land redistribution policy in South Africa. Part I of this note will provide a historical overview of colonialism and land law in Africa. Part II will examine …
Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert
Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert
Michigan Journal of Race and Law
This Article asserts that race-based policing, enabled and exacerbated by race-blind judicial review, creates an ire with a purpose that promises, especially after September 11, to make us all less safe. The illegitimate marginalization of American citizens aggravates an already alienated population and primes them for cooperation with those who seek to harm the United States. Race-based policing guts the expectation of fair-dealing, legitimacy, and justice in the criminal justice system, creating marginalized populations, especially of African Americans. Lack of judicial redress in the face of such policing irrevocably stains already beleaguered African Americans (and others so policed) as inferior …