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Full-Text Articles in Law

Introduction Of Professor Derrick Bell At The 2003 Annual Meeting Of The Law And Society Association, Thomas D. Russell Jun 2003

Introduction Of Professor Derrick Bell At The 2003 Annual Meeting Of The Law And Society Association, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

Professor Bell was the plenary speaker at the 2003 annual meeting of the Law and Society Association, which took place in PIttsburgh, Pennsylvania. Professor Bell was a native of Pittsburgh as is the author of this introduction to his plenary speech.


Foreword: Is Civil Rights Law Dead?, John Valery White May 2003

Foreword: Is Civil Rights Law Dead?, John Valery White

Louisiana Law Review

No abstract provided.


Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin May 2003

Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin

Louisiana Law Review

No abstract provided.


Discrimination And Dignity, Denise G. Réaume May 2003

Discrimination And Dignity, Denise G. Réaume

Louisiana Law Review

No abstract provided.


Affirmative Action After Grutter: Reflections On A Tortured Death, Imagining A Humanity-Affirming Reincarnation, Rhonda V. Magee Andrews May 2003

Affirmative Action After Grutter: Reflections On A Tortured Death, Imagining A Humanity-Affirming Reincarnation, Rhonda V. Magee Andrews

Louisiana Law Review

No abstract provided.


Civil Rights In The Post 911 World: Critical Race Praxis, Coalition Building, And The War On Terrorism, Adrien Katherine Wing May 2003

Civil Rights In The Post 911 World: Critical Race Praxis, Coalition Building, And The War On Terrorism, Adrien Katherine Wing

Louisiana Law Review

No abstract provided.


The Struggle For Civil Rights: The Need For, And Impediments To, Political Coalitions Among And Within Minority Groups, Kevin R. Johnson May 2003

The Struggle For Civil Rights: The Need For, And Impediments To, Political Coalitions Among And Within Minority Groups, Kevin R. Johnson

Louisiana Law Review

No abstract provided.


Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya Kateri Hernández May 2003

Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya Kateri Hernández

Louisiana Law Review

No abstract provided.


The Activist Insecurity And The Demise Of Civil Rights Law, John Valery White May 2003

The Activist Insecurity And The Demise Of Civil Rights Law, John Valery White

Louisiana Law Review

No abstract provided.


Louisiana Associated General Contractors: A Case Study In The Failure Of A State Equality Guarantee To Further The Transformative Vision Of Civil Rights, John Devlin May 2003

Louisiana Associated General Contractors: A Case Study In The Failure Of A State Equality Guarantee To Further The Transformative Vision Of Civil Rights, John Devlin

Louisiana Law Review

No abstract provided.


Shedding Tiers "Above And Beyond" The Federal Floor: Loving State Constitutional Equality Rights To Death In Louisiana, Robert F. Williams May 2003

Shedding Tiers "Above And Beyond" The Federal Floor: Loving State Constitutional Equality Rights To Death In Louisiana, Robert F. Williams

Louisiana Law Review

No abstract provided.


Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh Jan 2003

Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh

Faculty Articles and Other Publications

This article argues that courts should use the doctrine of good faith in contract law to prohibit improper considerations of race in contract formation and performance, and should recognize good faith as a device for eliminating racial subordination that can function beyond the scope of conventional civil rights discourse. Although civil rights laws provide important remedies to victims of discrimination, the elimination of racial subordination cannot remain the exclusive domain of civil rights law. Rather, other substantive areas of law can and should incorporate expansive equality principles to achieve that end. For example, this article demonstrates how the implied obligation …


Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero Jan 2003

Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero

Journal Articles

The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.


The Race Card: Dealing With Domestic Violence In The Courts, Leslie Espinoza Garvey Jan 2003

The Race Card: Dealing With Domestic Violence In The Courts, Leslie Espinoza Garvey

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey Jan 2003

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …


Adjudication, Antisubordination, And The Jazz Connection, Christopher A. Bracey Jan 2003

Adjudication, Antisubordination, And The Jazz Connection, Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in the midst of a pervasive and sustained democratic crisis. Our society expresses a deep commitment to core notions of freedom, justice, and equality for all citizens. Yet, it is equally clear that our democracy tolerates a great deal of social and economic inequality. Membership in a socially disfavored group can (and often does) profoundly distort one's life chances and opportunities. Our constitutional democracy acknowledges this tension, providing for both majority rule and the protection of minority rights and interests. Although we seek to safeguard minority rights and interest through express legal prohibitions on the subordination of socially …


Thinking Race, Making Nation (Reviewing Glenn C. Loury, The Anatomy Of Racial Inequality), Christopher A. Bracey Jan 2003

Thinking Race, Making Nation (Reviewing Glenn C. Loury, The Anatomy Of Racial Inequality), Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in a race-conscious culture. As Americans, we are a nation of people who self-consciously chose to adopt a vision of society that embraced lofty ideals of individual freedom and democracy for all along with powerful mechanisms for devastating racial oppression. Our history is replete with instances of differential treatment on account of race - slavery being only the most egregious example - that achieved the desired effect of generating remarkable disparities in socioeconomic well-being among individuals and between different racial groups. Such disparities are not simply historical artifacts. They are facts of the contemporary American racial landscape as …


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

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

Articles

No abstract provided.


Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney Jan 2003

Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney

Articles

No abstract provided.


Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson Jan 2003

Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson

Faculty Scholarship

With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the development of a national agenda for ending discrimination and promoting equality. One area that was not included in this initial congressional effort, but later found its way into the legislative agenda, was the subject of housing discrimination. Despite the relatively few debates …


Subject Unrest, Angela Harris, Frank Valdes, Jerome Culp Dec 2002

Subject Unrest, Angela Harris, Frank Valdes, Jerome Culp

Angela P Harris

No abstract provided.