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Full-Text Articles in Law and Race

In The Shadow Of Gaslight: Reflections On Identity, Diversity, And The Distribution Of Power In The Academy, Cyra Akila Choudhury Jan 2017

In The Shadow Of Gaslight: Reflections On Identity, Diversity, And The Distribution Of Power In The Academy, Cyra Akila Choudhury

Faculty Publications

This essay explores identity and diversity in the Academy through the work of feminist philosopher, Sara Ahmed. It makes two interventions. First, it sketches the use of identity politics from the 1980s and 1990s as a tool of resistance against assimilation and erasure to its current uses sometimes as a tool of discipline within minority groups. Second, it raises the problem of the cooptation of identity by institutions to maintain the status quo. In the hands of institutions and as a metric for progress, diversity can mask ongoing subordination and create doubt in the minds of minorities about whether what ...


Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander Jan 2017

Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander

Faculty Publications

This Essay studies the relationship between race, rhetoric, and history in three twentieth century segregation cases: State ex rel. Gaines v. Canada, Kraemer v. Shelley, and Liddell v. Board of Education. Part I gives a brief overview of the scholarship of Critical Race Theory, majoritarian narratives and minority counter-narratives, and the judiciary’s rhetoric in race-based cases. Part II analyzes the narratives and language of Gaines, Kraemer, and Liddell, provides the social context of these cases, and traces their historical outcomes.

The Essay contends that majoritarian narratives with problematic themes continue to perpetuate even though court opinions have evolved to ...


Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins Jan 2016

Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins

Faculty Publications

Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the surface of tort opinions; and court records do not reveal the race of tort plaintiffs, defendants, or jurors. Yet it is essential to try and understand the workings of race and racism in the torts system. The authors pose ...


Architectural Exclusion: Discrimination And Segregation Through Physical Design Of The Built Environment, Sarah B. Schindler Jan 2015

Architectural Exclusion: Discrimination And Segregation Through Physical Design Of The Built Environment, Sarah B. Schindler

Faculty Publications

The built environment is characterized by man-made physical features that make it difficult for certain individuals — often poor people and people of color — to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways separate historically white neighborhoods from historically black ones. Wealthy communities have declined to be served by public transit so as to make it difficult for individuals from poorer areas to access their neighborhoods. Although the law has addressed the exclusionary impacts of racially ...


Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong Jan 2010

Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong

Faculty Publications

No abstract provided.


Multiracial Identity And Affirmative Action, Nancy Leong Oct 2006

Multiracial Identity And Affirmative Action, Nancy Leong

Faculty Publications

No abstract provided.


Explaining Grutter V. Bollinger, Neal Devins Jan 2003

Explaining Grutter V. Bollinger, Neal Devins

Faculty Publications

No abstract provided.


Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

Contract Rights And Civil Rights, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas Jan 2000

Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Jan 2000

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas Jan 1998

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.


The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas Jan 1994

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas Jan 1993

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.


The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne Apr 1962

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Publications

No abstract provided.


Discrimination In State University Housing Programs - Policy And Constitutional Consideration, William W. Van Alstyne Jan 1960

Discrimination In State University Housing Programs - Policy And Constitutional Consideration, William W. Van Alstyne

Faculty Publications

This paper examines several of the questions surrounding state universities’ relationships with local landlords who employ discriminatory practices. These questions include the privilege of state universities to enforce a policy of nondiscrimination and the prohibition against state universities placing students into segregated housing.