Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Racism (5)
- Race and law (3)
- Bigotry (2)
- Furman v. Georgia (2)
- Hate crimes (2)
-
- Hate speech (2)
- Korematsu v. United States (2)
- McCleskey v. Kemp (2)
- Minorities (2)
- Racial discrimination (2)
- Romer v. Evans (2)
- Adarand v. Pena (1)
- Affirmative action (1)
- African American (1)
- African Americans (1)
- American Civil Liberties Union (1)
- Ballard v. United States (1)
- Batson v. Kentucky (1)
- Bias (1)
- Bolling v. Sharpe (1)
- Bowers v. Hardwick (1)
- Boy Scouts of America v. Dale (1)
- Brandenburg v. Ohio (1)
- Brown v. Board of Education (1)
- Bush v. Gore (1)
- Chaplinsky v. New Hampshire (1)
- Civil Rights Cases (1)
- Civil Service Commission (1)
- Cleburne v. Cleburne Living Center (1)
- Colleges and universities (1)
Articles 1 - 8 of 8
Full-Text Articles in Law and Race
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
Michigan Journal of Race and Law
At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas —the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces—social media and employment where slurs and epithets …
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Michigan Journal of Race and Law
Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …
The Banality Of Evil And The First Amendment, W. Bradley Wendel
The Banality Of Evil And The First Amendment, W. Bradley Wendel
Michigan Law Review
In the late spring and early summer of 1994, hundreds of thousands of people in Rwanda - an estimated ten percent of the population - were brutally murdered by their fellow citizens, generally for the "crime" of belonging to the socially and economically dominant, but numerically minority Tutsi ethnic group. The slaughter followed a systematic propaganda campaign coordinated by the Rwandan government, dominated by members of the Hutu ethnic group, who had long harbored grievances against Tutsis. The campaign demonized Tutsis as "devils," stirred up fear among the largely rural and poor Hutu population by propagating false information about a …
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
Michigan Law Review
The tension between equality and discretion lies at the heart of some of the most vexing questions of constitutional law. The considerable discretion that many official decisionmakers wield raises the spectre that violations of equality norms will sometimes escape detection. This is true in a variety of settings, whether discretion lies over speakers' access to public fora, implementation of the death penalty, or the recounting of votes. Is the First Amendment violated, for example, when a city ordinance gives local officials broad discretion to determine the conditions under which political demonstrations may take place? Is equal protection denied where the …
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
The Importance Of Being Biased, Anthony M. Dillof
The Importance Of Being Biased, Anthony M. Dillof
Michigan Law Review
The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick …
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Michigan Journal of Race and Law
Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates …
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Michigan Law Review
The threat of hate groups like the Ku Klux Klan and the neo-Nazi skinheads goes beyond their repeated acts of illegal violence. Their presence and the active dissemination of racist propaganda means that citizens are denied personal security and liberty as they go about their daily lives. Professor Richard Delgado recognized the harm of racist speech in his breakthrough article, Words That Wound, in which he suggested a tort remedy for injury from racist words. This Article takes inspiration from Professor Delgado's position, and makes the further suggestion that formal criminal and administrative sanction - public as opposed to private …