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Full-Text Articles in Law and Race

Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


What Has Twenty-Five Years Of Racial Gerrymandering Doctrine Achieved?, Michael J. Pitts Sep 2018

What Has Twenty-Five Years Of Racial Gerrymandering Doctrine Achieved?, Michael J. Pitts

UC Irvine Law Review

In 1993, Shaw v. Reno created a doctrine of racial gerrymandering that has now been in existence for twenty-five years. This Article examines the doctrine’s impact over that time—whether it has achieved the goals the Court set out for the doctrine in Shaw and whether it has had other consequences. This Article examines the doctrine’s impact through the lens of the place where the doctrine first took root and has been most heavily litigated over the last twenty-five years—North Carolina’s congressional districts. This Article also draws upon the existing empirical literature in its assessment of ...


A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale Jul 2018

A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale

Law & Inequality: A Journal of Theory and Practice

Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017


Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz Apr 2018

Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz

Articles

Five years ago, Shelby County v. Holder released nine states and fifty-five smaller jurisdictions from the preclearance obligation set forth in section 5 of the Voting Rights Act (VRA). This obligation mandated that places with a history of discrimination in voting obtain federal approval—known as preclearance—before changing any electoral rule or procedure. Within hours of the Shelby County decision, jurisdictions began moving to reenact measures section 5 had specifically blocked. Others pressed forward with new rules that the VRA would have barred prior to Shelby County.


Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer Jan 2018

Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer

Faculty Scholarship

This paper examines the Court's decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court's skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court's reluctance to intervene is a function of the Court's institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should ...


Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2018

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey Nov 2017

Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey

Martha T. McCluskey

No abstract provided.


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg Aug 2017

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson Jul 2017

Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson

University of Miami Race & Social Justice Law Review

No abstract provided.


Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell Mar 2017

Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell

Michigan Journal of Race and Law

Felon disenfranchisement provisions are justified by many Americans under the principle that voting is a privilege to be enjoyed only by upstanding citizens. The provisions are intimately tied, however, to the country’s legacy of racism and systemic disenfranchisement and are at odds with the values of American democracy. In virtually every state, felon disenfranchisement provisions affect the poor and communities of color on a grossly disproportionate scale. Yet to date, most challenges to the provisions under the Equal Protection Clause and Voting Rights Act have been unsuccessful, frustrating proponents of re-enfranchisement and the disenfranchised alike.

In light of those ...


What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez Jan 2017

What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez

Honors Undergraduate Theses

This research produces original empirical estimates of Hispanics in Florida’s Dept. of Corrections (FDOC) and uses those estimates to measure the impact felony disenfranchisement is having on Hispanics in Florida. Research institutions find that data on Hispanics in the criminal justice system, particularly in Florida, is either lacking or inaccurate. This research addresses this problem by applying an optimal surname list method using Census Bureau data and Bayes Theorem to produce an empirical estimate of Hispanics in FDOC’s data. Using the Hispanic rate derived from the empirical FDOC analysis, the rate of Hispanics in the disenfranchised population is ...


Voting Realism, Gilda R. Daniels Jan 2017

Voting Realism, Gilda R. Daniels

All Faculty Scholarship

Since Shelby County v. Holder, the country has grown accustomed to life without the full strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modern day voting rights violations. In this new normal, the country should adopt “voting realism” as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.


After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour Jan 2017

After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour

Washington University Journal of Law & Policy

This Note traces the consequences of the Supreme Court’s decision in Shelby County v. Holder, which held unconstitutional the preclearance formula of the Voting Rights Act that required some states and counties to obtain federal authorization before changing voting procedures. Armour traces the history of the Voting Rights Act and the role independent commissions can play in ensuring that such facially neutral procedures do not have a disparate impact on minority communities. Armour advocates for independent commissions to take the place left empty by the Supreme Court’s rejection of the old preclearance formula suggesting that these commissions are ...


One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood Dec 2015

One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood

University of Michigan Journal of Law Reform

Skyrocketing rates of incarceration over the last three decades have had profound and lasting effects on the political power and engagement of local communities throughout the United States. Aggressive enforcement practices and mandatory sentencing laws have an impact beyond the individuals who are arrested, convicted, and incarcerated. These policies have wide-ranging and enduring ripple effects throughout the communities that are most heavily impacted by criminal laws, predominantly urban and minority neighborhoods. Criminal justice policies broadly impact everything from voter turnout and engagement, to serving on juries, participating in popular protests, census data, and the way officials draw legislative districts. The ...


What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz Nov 2015

What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz

Articles

Two years ago, United States u. Windsor tossed out the Defense of Marriage Act ("DOMA"). Thereafter, proponents of marriage equality secured dozens of notable victories in the lower courts, a smattering of setbacks, and last June, the victory they sought in Obergefell v. Hodges. During this same period, opponents of electoral restrictions such as voter identification have seen far less sustained success. Decided the day before Windsor, Shelby County v. Holder scrapped a key provision of the Voting Rights Act ("VRA") while making clear that plaintiffs might still challenge disputed voting regulations under Section 2 of the VRA and the ...


The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz Aug 2015

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Sahar F. Aziz

No abstract provided.


Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams May 2015

Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams

Touro Law Review

No abstract provided.


Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson May 2015

Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson

Journal of Race, Gender, and Ethnicity

No abstract provided.


An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow Apr 2015

An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Path Forward From Shelby County V. Holder, Janet W. Steverson Apr 2015

The Path Forward From Shelby County V. Holder, Janet W. Steverson

Journal of Race, Gender, and Ethnicity

No abstract provided.


Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander Apr 2015

Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander

Charlotte S. Alexander

In recent years, antidiscrimination scholars have focused on the productive possibilities of the “universal turn,” a strategy that calls on attorneys to convert particularist claims, like race discrimination claims, into broader universalist claims that secure basic dignity, liberty, and fairness rights for all. Scholars have urged litigators to employ universalist strategies in constitutional and voting rights cases, as well as in employment litigation. Thus far, however, arguments made in favor of universalism have been largely abstract and theoretical and therefore have failed to fully consider the second order effects of universalist strategies on the ground. In this article we challenge ...


Grandpa, Charles Walker Apr 2015

Grandpa, Charles Walker

Journal of Race, Gender, and Ethnicity

No abstract provided.


Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson Apr 2015

Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson

Journal of Race, Gender, and Ethnicity

No abstract provided.


A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar Apr 2015

A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar

Journal of Race, Gender, and Ethnicity

No abstract provided.


On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery Apr 2015

On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery

Journal of Race, Gender, and Ethnicity

No abstract provided.


Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin Apr 2015

Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Post-Shelby County Game, Steven R. Morrison Apr 2015

The Post-Shelby County Game, Steven R. Morrison

Journal of Race, Gender, and Ethnicity

No abstract provided.


After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith Apr 2015

After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith

Journal of Race, Gender, and Ethnicity

No abstract provided.


Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey Apr 2015

Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey

Journal of Race, Gender, and Ethnicity

No abstract provided.