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Full-Text Articles in Law and Race

Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson Apr 2019

Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson

Articles & Chapters

Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory—a social psychology theory with a robust body of supporting empirical research—to take on this task and connect judicial interpretation of Title VII to the human tendency to create and maintain group-based hierarchies. In doing so, the Article questions the common view that Title VII race discrimination doctrine is symmetrical, protecting all …


“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused Dec 2017

“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused

Other Publications

This post originally appeared on https://www.richardchused.org/2017/12/24/jane-crow-laws-contemporary-sexual-harassment/


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.


Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim Jan 2010

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.


African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown Jan 2010

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown

NYLS Law Review

No abstract provided.


Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer Jan 2010

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.


Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont Jan 2009

Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.


Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield Jan 2005

Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield

NYLS Law Review

No abstract provided.


The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr. Jan 2005

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.


Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker Jan 2005

Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker

NYLS Law Review

No abstract provided.


Environmental Justice And The Integration Ideal, Rachel D. Godsil Jan 2005

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.


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

Perspectives On Brown: The South African Experience, Penelope E. Andrews

NYLS Law Review

No abstract provided.


Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont Jan 2005

Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.


Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura Jan 2005

Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura

NYLS Law Review

No abstract provided.


Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan Jan 2005

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.


Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley Jan 2005

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.


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.


Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman Mar 1996

Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman

Articles & Chapters

This article argues that, if the MacArthur Treatment Competence Study (e.g., P. S. Appelbaum and T. Grisso, Grisso et al, and Grisso and Appelbaum; see records 82:39258, 82:35494, and 82:37814, respectively) is to be meaningfully operationalized, it is necessary to consider the ways that counsel is provided in individual cases to institutionalized individuals wishing to assert the right to refuse antipsychotic drug treatment. It looks at the role of counsel in individual right to refuse cases, examines the ways that counsel is assigned in 3 states, and considers the underlying questions through the filters of "sanism" and "pretextuality." It concludes …


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.