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Full-Text Articles in Law and Race

Multiracial Identity And Affirmative Action, Nancy Leong Oct 2006

Multiracial Identity And Affirmative Action, Nancy Leong

Faculty Publications

No abstract provided.


Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran Mar 2006

Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran

Department of Justice Studies Faculty Scholarship and Creative Works

An increasing number of scholars and activists have begun to tackle a variety of issues relevant to environmental justice studies. This study attempts to address the role of criminologists in this domain. The authors examine 425 environmental justice articles in 204 academic journals, representing 18 programs/departments between 1970 and 2003. First, they measure the environmental justice contributions in the literature by academic department or activist affiliation. Second, they identify the major themes in the literature as they have developed and reveal the current and future directions of environmental justice studies. Such themes include the spatial distribution of hazards, social ...


Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh Mar 2006

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

Law Faculty Articles and Essays

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 ...


Hate Crime Law And The Limits Of Inculpation, Janine Young Kim Dec 2005

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate. This manuscript explores the concept of culpability to examine this challenge, and argues that critics inaccurately assume that our criminal law conditions culpability on a robust understanding of choice. This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment. Notwithstanding the apparent doctrinal validity of hate crime law, the author ...