Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 65

Full-Text Articles in Law and Race

Whose World And How?, Milner S. Ball May 1992

Whose World And How?, Milner S. Ball

Michigan Law Review

A Review of Rethinking the American Race Problem by Roy L. Brooks


Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld Jun 1989

Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld

Michigan Law Review

This Article first briefly considers the conceptual and constitutional framework out of which the controversy in Croson emerges. Next, the Article turns to Croson itself, and focuses on the Court's adoption of the strict scrutiny test, on the disagreement among the Justices concerning the test's meaning and implications, and on the Court's use of decontextualization to manipulate the key conceptual and factual issues at stake. Finally, drawing upon the principle of equality of opportunity, the Article endeavors to demonstrate how the adoption of particular principles of substantive equality can lead to a comprehensive and coherent constitutional resolution of the affirmative …


The Plessy Case: A Legal-Historical Interpretation, David D. Meyer May 1989

The Plessy Case: A Legal-Historical Interpretation, David D. Meyer

Michigan Law Review

A Review of The Plessy Case: A Legal-Historical Interpretation by Charles A. Lofgren


Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers May 1989

Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers

Michigan Law Review

A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap


The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson May 1988

The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson

Michigan Law Review

A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust


The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter May 1988

The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter

Michigan Law Review

A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet


Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt Aug 1987

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …


The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur May 1987

The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur

Michigan Law Review

A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler


Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser Apr 1986

Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser

Michigan Law Review

A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond


The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn Apr 1986

The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn

Michigan Law Review

A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild


The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review Feb 1985

The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review

Michigan Law Review

A Review of The Burden of Brown: Thirty Years of School Desegregation by Raymond Wolters


Black Innocence And The White Jury, Sheri Lynn Johnson Jan 1985

Black Innocence And The White Jury, Sheri Lynn Johnson

Michigan Law Review

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …


The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff Mar 1982

The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff

Michigan Law Review

A Review of Shades of Brown: New Perspectives on School Desegregation edited by Derrick Bell


Trial And Error: The Detroit School Segregation Case, Michigan Law Review Mar 1982

Trial And Error: The Detroit School Segregation Case, Michigan Law Review

Michigan Law Review

A Review of Trial and Error: The Detroit School Segregation Case by Eleanor P. Wolf


A True Deliverance: The Joan Little Case, Michigan Law Review Mar 1981

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell


The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm Mar 1981

The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm

Michigan Law Review

A Review of Race, Racism and American Law by Derrick A. Bell, Jr.


Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review Mar 1981

Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review

Michigan Law Review

A Review of Apartheid in America: A Historical and Legal Analysis of Contemporary Racial Segregation in the United States by James A. Kushner


To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review Mar 1981

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman


South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke Mar 1979

South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke

Michigan Law Review

A Review of Human Rights and the South African Legal Order by John Dugard


Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii Mar 1979

Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii

Michigan Law Review

A Review of Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 by David J. Garrow


Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen Nov 1972

Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen

Michigan Law Review

In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …


Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review Dec 1970

Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review

Michigan Law Review

This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.


Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review Jun 1970

Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review

Michigan Law Review

In granting the preliminary injunction, the district court found that plaintiffs were asserting a substantial constitutional claim and had a reasonable possibility of success. Balancing the equities of the parties, the court decided that the possibility of significant adverse effect on the Commissioner and schools awaiting tax benefits was not great and was in any event far outweighed by the harm which could result from a denial of the requested relief pendente lite. Thus, the court found that the threat of irreparable injury justified the issuance of a preliminary injunction. The propriety of the court's decision to grant a preliminary …


Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould Dec 1969

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …


Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review Feb 1969

Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review

Michigan Law Review

The concept of the local draft board is based on the theory that selection of persons for compulsory military service can be accomplished most fairly by small groups of neighbors of those who are to serve. As the National Office of the Selective Service recently stated: "Because of its comparatively long association with a registrant and knowledge of what he has done, the local board is relatively well qualified to evaluate his ability to perform," A corollary to this basic theory is that a more flexible selection process evincing greater sensitivity to the problems of individual registrants can be achieved …


The Warren Court And Desegregation, Robert L. Carter Dec 1968

The Warren Court And Desegregation, Robert L. Carter

Michigan Law Review

When Chief Justice ·warren assumed his post in October 1953, the underpinnings of the "separate but equal" concept had become unmoored beyond restoration. Full-scale argument on the validity of apartheid in public education was only weeks away, and the portent of change in the constitutional doctrine governing American race relations was unmistakable. Although the groundwork had been carefully prepared for the Chief Justice's announcement in Brown v. Board of Education that fundamental principles forbade racial segregation in the nation's public schools, the decision, when it was delivered on :May 17, 1954, was more than a break with the past. In …


Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen Mar 1965

Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen

Michigan Law Review

Classification along racial lines, when involving state action, is unconstitutional. Such classification may violate the due process or equal protection clause of the fourteenth amendment or the fifteenth amendment, and it has been held invalid in the fields of education, transportation, voting, recreational facilities, ownership and use of real property, and jury selection.


Corporations-Nonprofit Corporations-Expulsion Of Member By Board Of Directors, Paul W. Eaton, Jr. Apr 1949

Corporations-Nonprofit Corporations-Expulsion Of Member By Board Of Directors, Paul W. Eaton, Jr.

Michigan Law Review

The board of directors of defendant, a nonprofit corporation, passed a resolution that persons should not be denied membership on racial, religious or political grounds. Plaintiff, a branch member of defendant, had enacted by-laws denying Negroes admission to its group. Defendant's board declared plaintiff's by-laws were in conflict with the resolution and threatened to expel plaintiff branch if its by-laws were not amended. Plaintiff brought suit to enjoin defendant from carrying out its threat. Held, injunction granted. No national by-law required admission of all races to membership in branches, nor did the national directors have power to expel a …


Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed. May 1948

Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.

Michigan Law Review

The highest courts of Missouri and Michigan, and the Court of Appeals for the District of Columbia, had held that restrictions against occupancy of land by negroes were enforceable by injunction. On certiorari, held, reversed. Enforcement of such restrictions by state courts constitutes a denial of equal protection of the laws. Enforcement by courts of the District violates the Civil Rights Act of 1866, and also it is contrary to the public policy of the United States to allow a federal court to enforce an agreement which a state court could not constitutionally enforce. Shelley v. Kraemer, (U.S. …


Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie Apr 1948

Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie

Michigan Law Review

A Japanese alien paid for some agricultural land in California which was conveyed to his seven-year-old citizen son. All records indicated that the son owned the land, although the father, his guardian, managed it. The California Alien Land Law prohibits ownership of any interest in agricultural land by aliens ineligible for citizenship. Property acquired in violation of the statute escheats as of the date of acquisition as does land transferred "with intent to prevent, evade, or avoid escheat." This intent is presumed prima facie whenever an ineligible alien pays the consideration for a transfer of land to one who may …