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Full-Text Articles in Law and Race

Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo Jan 2017

Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Individuals with mental disabilities have traditionally been and continue to be subjected to rights violations and pervasive discrimination because of their mental disabilities. Seen as “the other,” individuals who are racial minorities and/or are women are marginalized to an even greater extent than other persons with mental disabilities in matters related to civil commitment and institutional treatment (especially involving theright to refuse medication).

It is impossible to examine these questions critically without coming to grips with the ways that expert testimony — testimony that is essential and necessary in all these cases — is infected with bias that leads to skewed ...


Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky Jan 2017

Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky

Other Publications

No abstract provided.


Special Education Law And Practice: Cases And Materials, Deborah N. Archer, Richard D. Marsico Dec 2016

Special Education Law And Practice: Cases And Materials, Deborah N. Archer, Richard D. Marsico

Books

Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.


We Built It And They Did Not Come: Using Governance Theory In The Fight For Food Justice In Low-Income Communities Of Color, Deborah N. Archer, Tamara Belinfanti Jan 2016

We Built It And They Did Not Come: Using Governance Theory In The Fight For Food Justice In Low-Income Communities Of Color, Deborah N. Archer, Tamara Belinfanti

Articles & Chapters

Food deserts and food insecurity have received considerable attention from various stakeholders, such as state and local governments, community organizations, and private sector institutions. These stakeholders have sought to overcome food insecurity by turning food deserts into oases by providing “access” to fresh, healthy food. However, many of their solutions—building supermarkets and sponsoring farmers markets—have missed the mark. Residents of food deserts did not flock to grocery stores to purchase fruits andvegetables. As a result, many stakeholders blame the residents of food deserts for their own predicament, lamenting, to paraphrase Field of Dreams, “we built it but they ...


Impact: Collected Essays On The Threat Of Economic Inequality., New York Law School. Impact For Public Interest Law And The Racial Justice Project. Jan 2015

Impact: Collected Essays On The Threat Of Economic Inequality., New York Law School. Impact For Public Interest Law And The Racial Justice Project.

Racial Justice Project

On April 17, 2015, the Impact Center for Public Interest Law at New York Law School hosted a symposium entitled "Tackling Economic Inequality" to bring together policymakers, advocates, academics, and community members to explore some of the causes and solutions to this growing problem. The essays collected in this volume, written by leading social justice advocates, are published to stimulate continued conversation on this critically important issue.


Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer Jan 2015

Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer

Articles & Chapters

No abstract provided.


Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Texas Dep’T Of Housing And Community Affairs V. Inclusive Communities Project, Inc. (No. 13-1371), U.S. Supreme Court (January 2013) (With Deborah N. Archer & Erika L. Wood)., New York Law School Racial Justice Project Dec 2014

Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Texas Dep’T Of Housing And Community Affairs V. Inclusive Communities Project, Inc. (No. 13-1371), U.S. Supreme Court (January 2013) (With Deborah N. Archer & Erika L. Wood)., New York Law School Racial Justice Project

Racial Justice Project

No abstract provided.


Brief Amicus Curiae For The Honorable Congressman John Lewis In Support Of Respondents And Intervenor-Respondents, Shelby County V. Holder (No. 12-96), U.S. Supreme Court (January 2013) (With Deborah N. Archer, Tamara C. Belinfanti & Erika L. Wood)., New York Law School Racial Justice Project. Jan 2013

Brief Amicus Curiae For The Honorable Congressman John Lewis In Support Of Respondents And Intervenor-Respondents, Shelby County V. Holder (No. 12-96), U.S. Supreme Court (January 2013) (With Deborah N. Archer, Tamara C. Belinfanti & Erika L. Wood)., New York Law School Racial Justice Project.

Racial Justice Project

No abstract provided.


Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Fisher V. Univ. Of Texas (No. 11-345), U.S. Supreme Court (August 2012) (With Deborah N. Archer, Susan J. Abraham & Aderson Francois)., New York Law School Racial Justice Project. Aug 2012

Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Fisher V. Univ. Of Texas (No. 11-345), U.S. Supreme Court (August 2012) (With Deborah N. Archer, Susan J. Abraham & Aderson Francois)., New York Law School Racial Justice Project.

Racial Justice Project

No abstract provided.


Unshared Bounty: How Structural Racism Contributes To The Creation And Persistence Of Food Deserts. (With American Civil Liberties Union)., New York Law School Racial Justice Project. Jun 2012

Unshared Bounty: How Structural Racism Contributes To The Creation And Persistence Of Food Deserts. (With American Civil Liberties Union)., New York Law School Racial Justice Project.

Racial Justice Project

No abstract provided.


Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray Jan 2012

Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray

Articles & Chapters

Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices-and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors-contribute to the staggering and disproportionate incarceration of black Americans. In ...


Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris Jan 2011

Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris

Tribeca Square Press

No abstract provided.


A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann Jan 2010

A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann

Articles & Chapters

This essay responds to Martin Chanock's argument that race tainted the entire enterprise of South African judging. It seeks to understand how that could have been so, and looks to such driving forces as whites' guilt, denial, identity-building, self-protection, and legitimation for explanations. Then it asks whether an institution so tainted should now be altogether abandoned as part of the rebuilding of post-apartheid South Africa. The essay answers that much should be changed, but that the existence of a judiciary laying claim to a special expertise and responsibility in interpreting law and protecting rights a key heritage of the ...


Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused Jan 2009

Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused

Other Publications

No abstract provided.


Simplify You, Classify You: Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin Jan 2008

Simplify You, Classify You: Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin

Articles & Chapters

In this paper I consider the question of the extent to which sanism and pretextuality - the factors that contaminate all of mental disability law - do or do not equally contaminate the special education process, and the decision to label certain children as learning disabled. The thesis of this paper is that the process of labeling of children with intellectual disabilities implicates at least five conflicts and clusters of policy issues:

* The need to insure that all children receive adequate education

* The need to insure that the cure is not worse than the illness (that is, that the labeling of a ...


Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused Jan 2007

Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused

Other Publications

No abstract provided.


The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann Jan 2005

The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann

Articles & Chapters

How did Justice Stanley Reed come to join the Supreme Court's unanimous decision in Brown v. Board ofEducation? It is clear from the historical record that Reed's first inclination was to uphold the constitutionality of racially segregated education, and clear as well that in the end he put this inclination aside and joined, without any public qualification, in the Court's decision banning segregation. Perhaps Reed changed his mind about the meaning of the constitution; perhaps he changed his mind about the legitimacy of judges' making social policy in the name of the constitution; perhaps he decided to ...


Perspectives On Brown: The South African Experience, Penelope Andrews Jan 2005

Perspectives On Brown: The South African Experience, Penelope Andrews

Articles & Chapters

In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references ...


Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews Jan 2004

Reparations For Apartheid's Victims: The Path To Reconciliation?, Penelope Andrews

Articles & Chapters

No abstract provided.


Racial Profiling And Terrorism, Stephen J. Ellmann Jan 2003

Racial Profiling And Terrorism, Stephen J. Ellmann

NYLS Law Review

No abstract provided.


New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico Jan 2000

New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico

Articles & Chapters

No abstract provided.


Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews Jan 2000

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and ...


Surviving Title Vii: Defending Municipal Residency Requirements In Minority Communities, Erika L. Wood Jan 1999

Surviving Title Vii: Defending Municipal Residency Requirements In Minority Communities, Erika L. Wood

Articles & Chapters

No abstract provided.


Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico Jan 1999

Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico

Articles & Chapters

No abstract provided.


Global Issues In Compensatory Justice: Introduction, Penelope Andrews Jan 1999

Global Issues In Compensatory Justice: Introduction, Penelope Andrews

Articles & Chapters

No abstract provided.


Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews Jan 1998

Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the ...


New York Law School Reporter, Vol 10, No. 3, March 1993, New York Law School Mar 1993

New York Law School Reporter, Vol 10, No. 3, March 1993, New York Law School

Student Newspapers

No abstract provided.


On Sanism, Michael L. Perlin Jan 1992

On Sanism, Michael L. Perlin

Articles & Chapters

No abstract provided.


Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen Jan 1986

Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen

NYLS Journal of Human Rights

No abstract provided.


The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen Jan 1975

The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.