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Full-Text Articles in Jurisprudence
Introduction To Law, Ethics, And Affirmative Action In America, Joseph P. Tomain
Introduction To Law, Ethics, And Affirmative Action In America, Joseph P. Tomain
Faculty Articles and Other Publications
This article discusses the language of the opinion in Grutter v. Bollinger. The rhetoric and language that we use to address race is difficult, if not tortured. The article explains why Grutter should have been an easy case and a simple opinion, and the ways in which the final opinion was anything but simple.
A Thirteenth Amendment Framework For Combating Racial Profiling, William M. Carter Jr.
A Thirteenth Amendment Framework For Combating Racial Profiling, William M. Carter Jr.
Articles
Law enforcement officers’ use of race to single persons out for criminal suspicion (“racial profiling”) is the subject of much scrutiny and debate. This Article provides a new understanding of racial profiling. While scholars have correctly concluded that racial profiling should be considered a violation of the Fourth Amendment, the Fourteenth Amendment’s Equal Protection Clause, and existing federal statutes, this Article contends that the use of race as a proxy for criminality is also a badge and incident of slavery in violation of the Thirteenth Amendment.
Racial profiling is not only a denial of the right to equal treatment, but …
Race, Face, And Rawls, Anita L. Allen