Law and Race Commons^™

New Zealand's Forgotten Promises: The Treaty Of Waitangi, Jennifer S. Mcginty

Vanderbilt Journal of Transnational Law

This Note presents the problems the Maori, New Zealand's indigenous people, have encountered in seeking enforcement of the Treaty of Waitangi that they signed with Great Britain in 1840. It argues that the Treaty of Waitangi is a valid legal document that should be fully integrated into New Zealand domestic law and afforded protection under international law. The author argues that the Maori met the international law requirements of statehood in 1840 and, therefore, were capable of entering into a treaty with Great Britain. Even if there was no Maori state capable of entering into a treaty, there is analogous …

Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff

Michigan Law Review

This article attempts to provide an analytic framework for the evolved voting rights law as it confronts the persistent effects of racial factionalism in the electoral arena. Insight into the corrosiveness of racially polarized voting and its frustration of minority electoral opportunity has organized and guided the new voting rights jurisprudence. This article will argue that the combination of process distortions from majority domination of electoral outcomes and substantive deprivation from minority exclusion defines this area of law and protects it against challenge from currently fashionable academic currents. The central insights gathered from the focus on polarized voting, I will …

Remedies For Environmental Racism: A View From The Field, Luke W. Cole

Michigan Law Review

The Michigan Law Review's recent Note, Remedying Environmental Racism, is an important and timely analysis of a civil rights law-based approach to environmental justice work - one of the first to emerge from legal academia. It correctly points out the high hurdles that toxic racism's victims must overcome to successfully pursue such a strategy. Godsil's piece will hopefully spur more academic and on-the-ground work in this nascent legal field, which I call "environmental poverty law" - that is, representing low-income communities (often, in this field, communities of color) facing environmental hazards. As a practitioner of environmental poverty law …

Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell

Faculty Scholarship

May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …

Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner

Michigan Law Review

A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza

Whose World And How?, Milner S. Ball

Michigan Law Review

A Review of Rethinking the American Race Problem by Roy L. Brooks

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Michigan Law Review

A Review of The Alchemy of Race and Rights: The Diary of a Law Professor by Patricia L. Williams

Response To Racism: The Racial Justice Campaign Of The Women's International League For Peace And Freedom, Melinda Plastas

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell

University of the District of Columbia Law Review

No abstract provided.

Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.

Florida State University Law Review

No abstract provided.

The Supreme Court And The First Amendment: The 1991-1992 Term, Elliot M. Mincberg

NYLS Journal of Human Rights

No abstract provided.

Race, Gender, And Sexual Harassment, Kimberlé W. Crenshaw

Faculty Scholarship

I would like to thank Anita Hill and express my deep respect to her for having the courage to shatter the silence on sexual harassment. I am certain that I speak for millions of women in saying that I have been inspired and renewed by her strength and integrity.

I have looked forward to addressing you tonight on a critical issue at this very important juncture in our political history. Sexual harassment has captured our attention over the last several weeks and has of course galvanized women in a way that scarcely could have been imagined only a few short …

Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller

Articles in Law Reviews & Other Academic Journals

No abstract provided.

On Sanism, Michael L. Perlin

Articles & Chapters

No abstract provided.

Race, Aggravated Murder, And The Death Sentence In Multnomah County, Oregon, 1984-1990 : A Descriptive Analysis And Review, Patrick Arthur Jolley

Dissertations and Theses

Criminal justice administrators in the United States have been challenged by a highly visible accusation of racial discrimination. This perception has weakened the confidence in, and support of, our judicial process. This study attempted to clarify this perception by examining the effect of race on certain judicial decisions related to the death penalty. The variables chosen for analysis focused on the persons involved in the homicide, the circumstances of the crime, and decisions made during the processing of capital cases.

Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown

UIC Law Review

No abstract provided.

Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im

UIC Law Review

No abstract provided.

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Articles

No abstract provided.

Two Legal Constructs Of Motherhood: "Protective" Legislation In Mexico And The United States, Antoinette M. Sedillo Lopez

Faculty Scholarship

The theme of this symposium, "Reconstructing Motherhood," requires an examination of laws designed to further traditional motherhood roles. Societal constructs of motherhood-women as child bearers and nurturers-have profoundly affected women's involvement in paid employment. Conversely, women's participation in paid employment affects how women experience motherhood. For example, a woman who does not work outside the home has a dramatically different mothering experience than a woman who works outside the home and leaves her children with a day-care provider. The legal system can affect the relationship between motherhood and employment opportunities for women by means of employment laws and policies. Sometimes …

500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr

Faculty Scholarship

In 1992, the San Antonio Museum of Art hosted a panel which addressed a number of issues, including: what arts institutions can do to better represent the cultures of the communities they serve; what the United States is doing to protect Native American art and culture; what the international community is doing to address the flow of art and cultural objects across national boundaries; and what should be the plan to protect and to promote multiculturalism in the arts for the next 500 years. This article summarizes and highlights this event.

An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman

Articles

The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …