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Civil Rights and Discrimination

2019

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Articles 1 - 30 of 78

Full-Text Articles in Law and Race

The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer Nov 2019

The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer

Michigan Law Review

America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without access to quality schools, jobs, transportation, or health care on the other. Many people view this as an unfortunate fact of life, or as a relic of legal systems long since overturned and beyond the reach of current legal process. But this is not true. On the contrary, the law continues ...


Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes Nov 2019

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman Oct 2019

Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman

Dan Farbman

No abstract provided.


Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh Oct 2019

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh

Reginald Oh

This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system ...


Changing The Bathwater And Keeping The Baby: Exploring New Ways Of Evaluating Intent In Environmental Discrimination Cases, Browne C. Lewis Oct 2019

Changing The Bathwater And Keeping The Baby: Exploring New Ways Of Evaluating Intent In Environmental Discrimination Cases, Browne C. Lewis

Browne C Lewis

This paper is divided into four parts. Part one consists of a general overview of the problem of environmental discrimination. Part two gives a brief discussion of relevant Equal Protection jurisprudence. The section begins with a summary of general Equal Protection law. Then, the section analyzes the primary cases that established the foundation of modem-day Equal Protection doctrine. Part three examines the current application of the intent requirement in environmental discrimination cases. To that end, the section reviews the outcome of three of the early environmental discrimination cases, and speculates about the components that are necessary to prepare a successful ...


Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie Oct 2019

Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie

Conference: The Social Practice of Human Rights

The built urban environment is the product of more than a century of policy decisions that have both intentionally discriminated and have had the effect of discriminating, against African Americas, immigrants, the work class, low income individuals and other undesirables. While more than fifty years have passed since the passage of civil rights legislation in the United States, individuals in today’s cities are living out our discriminatory legacy.

In Dayton, Ohio, a new movement has risen from the community to disrupt the legacy of de jure and de facto discrimination by the collaborative efforts of the impactive individuals, neighborhood ...


Challenging Voting Rights And Political Participation In State Courts, Irving Joyner Oct 2019

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb Oct 2019

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female ...


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Explaining Grutter V. Bollinger, Neal Devins Sep 2019

Explaining Grutter V. Bollinger, Neal Devins

Neal E. Devins

No abstract provided.


The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas Sep 2019

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

Davison M. Douglas

No abstract provided.


Contract Rights And Civil Rights, Davison M. Douglas Sep 2019

Contract Rights And Civil Rights, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Sep 2019

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

Davison M. Douglas

No abstract provided.


Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas Sep 2019

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

Davison M. Douglas

No abstract provided.


Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas Sep 2019

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

Davison M. Douglas

No abstract provided.


Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas Sep 2019

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

Davison M. Douglas

No abstract provided.


Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis Sep 2019

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Angela J. Davis

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America


Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke Sep 2019

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

All Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias Aug 2019

What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias

Erwin Chemerinsky

This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court’s opinion reinforced the cramped understanding that constitutional claims require evidence of not only disparate impact but also discriminatory purpose, producing significant negative consequences for the operation of the U.S. criminal justice system. Second, the Court rejected the Baldus study’s findings of statistically significant correlations between the races of the perpetrators and victims and the imposition of the ...


Front Matter And Table Of Contents Aug 2019

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.


Masthead Aug 2019

Masthead

University of Miami Race & Social Justice Law Review

No abstract provided.


Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges Jul 2019

Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges

Khiara M Bridges

The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist — the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the germination of post-racialism — the sense that we, as a nation, have overcome our racial problems. The dramatic visibility of the minority poor’s suffering, combined with the relative invisibility of the suffering of those minorities who are not poor, breeds the belief that class is now the ...


Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson Jul 2019

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the ...


Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk Jun 2019

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Nancy L. Zisk

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has ...


Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow Jun 2019

Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow

Northwestern Journal of Law & Social Policy

No abstract provided.


A Comparative Study On Death Penalty Statutes And Their Effects On Certain Minority Groups In Light Of Furman V. Georgia, Analise Nuxoll Jun 2019

A Comparative Study On Death Penalty Statutes And Their Effects On Certain Minority Groups In Light Of Furman V. Georgia, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

Part One of this comment will address the recent history of the death penalty in the United States, focusing on Furman v. Georgia, which placed a four-year moratorium on the death penalty in 1972. Part Two examines which states still have death penalty statutes and the reasons for choosing the selected states for further analysis. Part Two also addresses the difference between facial and as-applied attacks on the state statutes and the reason for analyzing the statutes under as applied unconstitutionality. Part Three explains the thought behind choosing to examine the death penalty’s effect on racial minorities, low socio-economic ...


Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movements, Politics, And The Maintenance Of Democracy, Patricia A. Broussard Jun 2019

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movements, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant Jun 2019

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

Shakira D. Pleasant

No abstract provided.