Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (259)
- Law and Race (144)
- Education Law (98)
- Constitutional Law (80)
- Fourteenth Amendment (55)
-
- Law and Society (51)
- Housing Law (48)
- Legal History (47)
- Supreme Court of the United States (42)
- State and Local Government Law (32)
- Social and Behavioral Sciences (22)
- Property Law and Real Estate (21)
- Sociology (18)
- Arts and Humanities (17)
- Courts (17)
- Education (15)
- Law and Gender (15)
- Race and Ethnicity (14)
- Legal Education (12)
- History (11)
- Jurisprudence (10)
- Legislation (10)
- Race, Ethnicity and Post-Colonial Studies (10)
- Human Rights Law (9)
- Labor and Employment Law (9)
- Land Use Law (9)
- Law Enforcement and Corrections (9)
- Public Affairs, Public Policy and Public Administration (9)
- Criminal Law (8)
- Institution
-
- University of Michigan Law School (87)
- Selected Works (35)
- Maurer School of Law: Indiana University (13)
- Vanderbilt University Law School (13)
- University of Maryland Francis King Carey School of Law (12)
-
- Fordham Law School (11)
- Touro University Jacob D. Fuchsberg Law Center (10)
- Boston University School of Law (9)
- Cleveland State University (9)
- Saint Louis University School of Law (9)
- University of Kentucky (9)
- University of Richmond (9)
- Duke Law (8)
- University of Missouri School of Law (8)
- University of Missouri-Kansas City School of Law (8)
- William & Mary Law School (8)
- Washington and Lee University School of Law (7)
- George Washington University Law School (6)
- Louisiana State University Law Center (6)
- Roger Williams University (6)
- St. Mary's University (6)
- University of South Carolina (6)
- American University Washington College of Law (5)
- Case Western Reserve University School of Law (5)
- Mitchell Hamline School of Law (5)
- SelectedWorks (5)
- University of Miami Law School (5)
- West Virginia University (5)
- Chicago-Kent College of Law (4)
- Cornell University Law School (4)
- Publication Year
- Publication
-
- Michigan Law Review (47)
- Faculty Scholarship (31)
- Michigan Journal of Race and Law (18)
- All Faculty Scholarship (13)
- Faculty Publications (12)
-
- Articles (10)
- University of Michigan Journal of Law Reform (9)
- Vanderbilt Law Review (9)
- Faculty Works (8)
- Faculty Articles (7)
- Fordham Urban Law Journal (7)
- GW Law Faculty Publications & Other Works (6)
- Indiana Law Journal (6)
- Louisiana Law Review (6)
- Scholarly Works (6)
- Case Western Reserve Law Review (5)
- Cleveland State Law Review (5)
- Journal Articles (5)
- Kentucky Law Journal (5)
- Mitchell Hamline Law Review (5)
- Touro Law Review (5)
- Articles by Maurer Faculty (4)
- Articles in Law Reviews & Other Academic Journals (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Journal of Race, Gender, and Ethnicity (4)
- Law Faculty Articles and Essays (4)
- Law Faculty Publications (4)
- Law Faculty Scholarly Articles (4)
- Life of the Law School (1993- ) (4)
- UF Law Faculty Publications (4)
- Publication Type
- File Type
Articles 1 - 30 of 433
Full-Text Articles in Law
Conservatives’ Use Of A Civil Rights Narrative Helped Them Secure Control Of American Education Policy. A Book Review Of The Death Of Public School: How Conservatives Won The War Over Education In America, Jeffrey Frenkiewich
Democracy and Education
In The Death of Public School, Cara Fitzpatrick traces the history of America’s move to privatize its education system. In 23 chapters, she follows the history of this movement from its beginnings as a white supremacist attempt to keep schools segregated, to its development into a bipartisan effort employing a civil rights narrative. Fitzpatrick provides case studies of how privatization efforts played out in places like Cleveland, Ohio, Florida, and New Orleans, and the author shows how conservatives appropriated a civil rights narrative to pursue their own aims for privatization in the 21st century. While others have outlined and …
When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro
When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro
Washington and Lee Journal of Civil Rights and Social Justice
Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.
Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin
Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
This article reflects on the role of residential caste in reproducing school segregation and how the Supreme Court betrays the equality principles of Brown by applying a colorblind constitutionalism that renders so-called de facto residential caste, and subsequent school segregation, acceptable.
During the seven-decade Great Migration of the 20th century, northern cities deployed policies to create an architecture of inequality in which African Americans and white Americans did not live in the same neighborhoods. While the Fair Housing Act of 1968 rendered intentional discrimination in housing markets illegal, and the Court also ruled against forms of intentional housing discrimination, …
Tolled Education: An Economic Markets And Goods Analysis Of Inefficiencies In American Public Education, Ethan Dilks
Tolled Education: An Economic Markets And Goods Analysis Of Inefficiencies In American Public Education, Ethan Dilks
Indiana Journal of Law and Social Equality
The goal of this Comment is to evaluate the failures of the current system of education within the United States via policy and economic market and goods analysis lenses; in doing so, it will establish that public education in the United States is a toll good, and the only way to properly fix the inefficiencies that result is to reduce excludability and convert the education into a public good. First, Part I will overview how we got here by describing relevant laws and history, the current state of federal case law, and the dire situation for many students throughout the …
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
William & Mary Bill of Rights Journal
This rejection of race conscious admissions practices under the Equal Protection Clause of the Fourteenth Amendment by the [Supreme] Court requires a revisit to desegregation jurisprudence and practice to demonstrate why the considerations of race in higher education admissions fulfills the desegregation mandate. Given its rich history and contributions to the formation of equality norms and affirmative action, desegregation jurisprudence and practice provide a foundation for the premise that the use of race in college admissions constitutes a compelling state interest, supported by specific evidence of discrimination, that moves us closer to the democratization of education and racial equality under …
Foreword: Property And Education, Timothy M. Mulvaney, Latoya Baldwin Clark
Foreword: Property And Education, Timothy M. Mulvaney, Latoya Baldwin Clark
Faculty Scholarship
Education policy is today a flashpoint in public discourse at both the national and state levels. This focus is for good reason. Public schools are highly segregated. School spending is stratified. The need for infrastructural renovations is extensive and expanding. Student debt has reached historic highs. For-profit companies are exploiting school districts’ limited resources for everything from curricular content to lunch menus. The list goes on.
This moment presents an opportunity to highlight a threshold issue on which it seems prudent for this discourse to direct greater attention: the interconnections between education and property law. Indeed, decisions surrounding property—crafting district-mapping …
Law School News: Commencement 2023: Rwu Graduates Urged To 'Work Hard And Dream Big Dreams' 5-19-2023, Jill Pais, Roger Williams University School Of Law
Law School News: Commencement 2023: Rwu Graduates Urged To 'Work Hard And Dream Big Dreams' 5-19-2023, Jill Pais, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Black Boarding Academies As A Prudential Reparation: Finis Origine Pendet, Roy L. Brooks
Black Boarding Academies As A Prudential Reparation: Finis Origine Pendet, Roy L. Brooks
Faculty Scholarship
With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (“Black Reparations”) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil rights society. Reparatory strategies typically target the norms and structures that sustain racial disadvantage wrought by slavery and Jim Crow. The goal of such transitional reparations is to extinguish the menace of white supremacy and systemic racism across the board. Restructuring in housing, education, employment, voting, law enforcement, health care, and the environment—social transformation—is absolutely needed in the …
Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham
Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham
SMU Law Review
Appraisal discrimination not only persists, but its influence has actually increased in some housing markets. New studies document how contemporary appraisal methods operate as systemic racism, such as how appraisers select from a narrower set of comparable properties when appraising homes in predominantly Black neighborhoods. Recent events have renewed public attention to appraisal discrimination, from shocking news stories to a new multiagency federal task force. In tandem, a new wave of litigation has emerged. This Article examines litigation as one element of a multifaceted approach to combatting appraisal discrimination. After examining the weaknesses of the regulatory framework governing appraisals, this …
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
Faculty Articles
As a native Texan who attended intentionally segregated Texas public schools, then an effectively segregated Texas public law school, litigated many cases against discrimination in Texas education, and now teaches Texas education law, I have what I think to be informed opinions on where we have been, where we are going, and what we should do next. I will briefly describe our sad history of discrimination in segregation, school finance, testing, higher education, and lack of responsiveness to newer issues in education at all levels. I will then summarize some of our ongoing challenges and some possible approaches that I …
The Black Fourth Amendment, Charisma Hunter
The Black Fourth Amendment, Charisma Hunter
Washington and Lee Law Review Online
Policing Black bodies serves at the forefront of the American policing system. Black bodies are subject to everlasting surveillance through institutions and everyday occurrences. From relaxing in a Starbucks to exercising, Black bodies are deemed criminals, surveilled, profiled, and subjected to perpetual implicit bias when participating in mundane activities. Black people should have the same protections as white people and should possess the ability to engage in everyday, commonplace, and routine activities.
The Fourth Amendment was not drafted with the intention of protecting Black bodies. In fact, Black bodies were considered three-fifths of a person at the drafting of the …
“Pigs In The Parlor”: The Legacy Of Racial Zoning And The Challenge Of Affirmatively Furthering Fair Housing In The South, Jade A. Craig
“Pigs In The Parlor”: The Legacy Of Racial Zoning And The Challenge Of Affirmatively Furthering Fair Housing In The South, Jade A. Craig
Mississippi College Law Review
The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to “affirmatively further” fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has not focused on the impact of zoning and discriminatory land use policies within and around low-income rural and small communities or specifically in the southeastern United States. Scholars have also insufficiently considered the implications of these policies on the duty to “affirmatively further” fair housing.
Racial zoning was …
White Picket Fences & Suburban Gatekeeping: How Long Island’S Land Use Laws Cement Its Status As One Of The Most Segregated Places In America, Jessica Mingrino
White Picket Fences & Suburban Gatekeeping: How Long Island’S Land Use Laws Cement Its Status As One Of The Most Segregated Places In America, Jessica Mingrino
St. John's Law Review
(Excerpt)
The average wealth of Black families is one-seventh that of white families in the United States today. Homeownership—the primary avenue through which Americans accumulate personal and generational wealth—is the leading driver of the wealth disparity between white and Black American families, known as the “racial wealth gap.” The systematic and intentional exclusion of Black people from developing communities during the twentieth century largely excluded people of color from the housing boom and denied them the opportunity afforded to white people to multiply their assets. Contrary to widespread belief, however, legislation-backed oppression of Black Americans did not end in the …
The Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight
The Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight
Electronic Theses, Projects, and Dissertations
For a country that has been built on the legacy of freedom and the idea of individual rights, the United States has a history of legalizing oppressive policies and denying rights and freedom based on the color of one’s skin. As scholars take on the issue of Colorism within the American society, this thesis works to examine the origins of white supremacy and its legalization through the institutions of American enslavement and the era of Jim Crow. First examining the portrayal of those of African descent and its connection to white supremacy during the period of enslavement, this thesis relies …
The 1676 Project: Black And White Together In The U.S.A., Danny Duncan Collum
The 1676 Project: Black And White Together In The U.S.A., Danny Duncan Collum
The Journal of Social Encounters
America’s post-George Floyd racial reckoning has brought a new focus on the country’s history of enslavement, segregation and systemic racism. However, this reckoning has often failed to recognize that the roots of systemic racism lie in the need of the wealthy planters in colonial Virginia to divide the African and English indentured servants who constituted a majority threatening to elite power. Nor do contemporary versions of U.S. history always account for the persistent reoccurrence of class-based interracial movements, such as the late 19th century Populists, or their promise as a long-term solution to the country’s racial divides.
On Proper[Ty] Apologies And Resilience Gaps, Marc L. Roark
On Proper[Ty] Apologies And Resilience Gaps, Marc L. Roark
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reparations For Black Health, Alexandre Rotondo-Medina
Reparations For Black Health, Alexandre Rotondo-Medina
Journal of Race, Gender, and Ethnicity
No abstract provided.
United Skates: A Call For Leisure Justice For Black Urban Adult Roller Skaters, Regina Austin
United Skates: A Call For Leisure Justice For Black Urban Adult Roller Skaters, Regina Austin
Marquette Sports Law Review
No abstract provided.
Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall
Catholic University Journal of Law and Technology
No abstract provided.
Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty, Briana Rosenbaum
Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty, Briana Rosenbaum
Scholarly Works
Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, “the Board of Regents” refused to change its policy and “the University” denied a person’s application.
But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …
Occupational Segregation As A Driver Of Racial Health Disparities Among Black Women, Pilar C. Whitaker
Occupational Segregation As A Driver Of Racial Health Disparities Among Black Women, Pilar C. Whitaker
Saint Louis University Law Journal
No abstract provided.
Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua
Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua
Journal Articles
The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …
Separate But Free, Joshua E. Weishart
Separate But Free, Joshua E. Weishart
Law Faculty Scholarship
“Separate but equal” legally sanctioned segregation in public schools until Brown. Ever since, separate but free has been the prevailing dogma excusing segregation. From “freedom of choice” plans that facilitated massive resistance to desegregation to current school choice plans exacerbating racial, socioeconomic, and disability segregation, proponents have venerated parental freedom as the overriding principle.
This Article contends that, in the field of public education, the dogma of separate but free has no place; separate is inherently unfree. As this Article uniquely clarifies, segregation deprives schoolchildren of freedom to become equal citizens and freedom to learn in democratic, integrated, …
Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities, Sarah Gibbons
Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities, Sarah Gibbons
Chicago-Kent Law Review
No abstract provided.
Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham
Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham
Journal Articles
Fifty-two years ago, Congress enacted a one-of-a-kind civil rights directive. It requires every federal agency—and state and local grantees by extension—to take affirmative steps to undo segregation. In 2020, this overlooked Fair Housing Act provision—the “affirmatively furthering fair housing” or “AFFH” mandate—has heightened relevance. Perhaps most visible is Donald Trump’s racially charged “protect the suburbs” campaign rhetoric. In an apparent appeal to suburban constituents, his administration repealed a race-conscious fair housing rule, replacing it with a no-questions-asked regulation that elevates “local control” above civil rights.
The maneuver is especially stark as protesters fill the streets, marching in opposition to systemic …
The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil
The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil
Faculty Publications & Other Works
This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang
Michigan Journal of Race and Law
MJEAL chose to publish Helen Kang’s piece, Looking Toward Restorative Justice for Redlined Communities Displaced by Eco-Gentrification, because it offers a unique analytic approach for analyzing the roots of environmental racism and the appropriate tools to help rectify it. She offers an argument for why restorative justice needs to be the framework and explains how we can accomplish this in the context of a whole government solution. MJEAL is excited to offer what will be an influential approach for environmental restorative justice to the broader activist and academic community.
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla
Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla
Touro Law Review
No abstract provided.
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Touro Law Review
No abstract provided.
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Scholarly Works
No abstract provided.