Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law and Race

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton Apr 2022

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.


Equality Is A Brokered Idea, Robert Tsai Jan 2020

Equality Is A Brokered Idea, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …


On Class-Not-Race, Samuel R. Bagenstos Jan 2015

On Class-Not-Race, Samuel R. Bagenstos

Book Chapters

Throughout the civil rights era, strong voices have argued that policy interventions should focus on class or socioeconomic status, not race. At times, this position-taking has seemed merely tactical, opportunistic, or in bad faith. Many who have opposed race-based civil rights interventions on this basis have not turned around to support robust efforts to reduce class-based or socioeconomic inequality. That sort of opportunism is interesting and important for understanding policy debates in civil rights, but it is not my focus here. I am more interested here in the people who clearly mean it. For example, President Lyndon Baines Johnson—who can …


Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos Jan 2014

Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos

Articles

After the Supreme Court’s decision in Shelby County v. Holder, voting rights activists proposed a variety of legislative responses. Some proposals sought to move beyond measures that targeted voting discrimination based on race or ethnicity. They instead sought to eliminate certain problematic practices that place too great a burden on voting generally. Responses like these are universalist, because rather than seeking to protect any particular group against discrimination, they formally provide uniform protections to everyone. As Bruce Ackerman shows, voting rights activists confronted a similar set of questions—and at least some of them opted for a universalist approach—during the campaign …


From Space-Off To Represented Space, Lolita Buckner Inniss Jan 2013

From Space-Off To Represented Space, Lolita Buckner Inniss

Publications

In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of "home," focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In Reimagining Equality, Hill takes on a topic clearly distinct from the Clarence Thomas Senate confirmation hearings, the episode for which she is best known. Her work here is, nonetheless, evocative of her struggle in those hearings, because the book addresses the interrelation between gender, race, place, space, …


Public Rights, Social Equality, And The Conceptual Roots Of The Plessy Challenge, Rebecca J. Scott Jan 2008

Public Rights, Social Equality, And The Conceptual Roots Of The Plessy Challenge, Rebecca J. Scott

Articles

This Article argues that the test case that gave rise to the 1896 decision in Plessy v. Ferguson is best understood as part of a wellestablished, cosmopolitan tradition of anticaste activism in Louisiana rather than as a quixotic effort that contradicted nineteenth-century ideas of the boundaries of citizens' rights. By drawing a dividing line between civil and political rights, on the one hand, and social rights, on the other, the Supreme Court construed challenges to segregation as claims to a "social equality" that was beyond the scope of judicially cognizable rights. The Louisiana constitutional convention of 1867-68, however, had defined …


Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James Jan 2008

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

Articles

No abstract provided.


Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya Jan 2007

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Publications

No abstract provided.


Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins Apr 2004

Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins

Law Faculty Articles and Essays

Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …


Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow Jan 1975

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …