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Articles 1 - 17 of 17
Full-Text Articles in Law and Race
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Faculty Publications By Year
The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt, Amanda L. Kool, Lauren Sudeall, Michele Statz, Danielle M. Conway, Hannah Haksgaard
Faculty Publications By Year
Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …
Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas
Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas
Faculty Publications By Year
Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they …
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas
Faculty Publications By Year
In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.
This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …
Jurisprudential Ties That Blind: The Means To Ending Affirmative Action, Tanya M. Washington
Jurisprudential Ties That Blind: The Means To Ending Affirmative Action, Tanya M. Washington
Faculty Publications By Year
No abstract provided.
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito
Faculty Publications By Year
More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …
Undoing Race? Reconciling Multiracial Identity With Equal Protection, Lauren Sudeall Lucas
Undoing Race? Reconciling Multiracial Identity With Equal Protection, Lauren Sudeall Lucas
Faculty Publications By Year
The number of multiracial individuals in America, many of whom define their racial identity in different ways, has grown dramatically in recent years and continues to increase. From this demographic shift a movement seeking unique racial status for multiracial individuals has emerged. The multiracial movement is distinguishable from other race-based movements in that it is primarily driven by identity rather than the quest for political, social, or economic equality. It is not clear how equal protection doctrine, which is concerned primarily with state-created racial classifications, will or should accommodate multiracialism. Nor is it clear how to best reconcile the recognition …
Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito
Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito
Faculty Publications By Year
This essay is based on a presentation made as part of “Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia,” a symposium sponsored by the UCLA Chicana/o-Latina/o Law Review, April 5, 2013.
Complementarity And Post-Coloniality, Nirej S. Sekhon
Complementarity And Post-Coloniality, Nirej S. Sekhon
Faculty Publications By Year
The International Criminal Court’s jurisdiction is complementary to that of national criminal jurisdictions. While most agree that complementarity is a cornerstone principle, debate continues as to what precisely it should mean for the ICC’s relationship to national criminal justice actors. “Positive complementarity,” a view many commentators hold, suggests that the ICC should use its power to educate, persuade, and prod states parties to undertake international criminal law investigations. For positive complementarity’s more optimistic proponents, the future holds promise for a coordinated system of global justice in which the ICC plays a secondary role to national courts in vindicating international criminal …
Decolonization, Development, And Denial, Natsu Taylor Saito
Decolonization, Development, And Denial, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham
After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington
The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington
Faculty Publications By Year
No abstract provided.
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Faculty Publications By Year
No abstract provided.
Rethinking Equality In The Global Society, Clark D. Cunningham
Rethinking Equality In The Global Society, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo
Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.