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Law and Race Commons

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Articles 1 - 30 of 378

Full-Text Articles in Law and Race

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle Oct 2019

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan D. Carle

Susan D. Carle

Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between “us” versus “them” on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership ...


Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir Oct 2019

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir

Doron M Kalir

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part ...


Explaining Grutter V. Bollinger, Neal Devins Sep 2019

Explaining Grutter V. Bollinger, Neal Devins

Neal E. Devins

No abstract provided.


The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas Sep 2019

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Davison M. Douglas

No abstract provided.


The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas Sep 2019

The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Contract Rights And Civil Rights, Davison M. Douglas Sep 2019

Contract Rights And Civil Rights, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Sep 2019

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas Sep 2019

Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas Sep 2019

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas Sep 2019

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis Sep 2019

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Angela J. Davis

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America


Historic Partition Law Reform: A Game Changer For Heirs’ Property Owners, Thomas W. Mitchell Sep 2019

Historic Partition Law Reform: A Game Changer For Heirs’ Property Owners, Thomas W. Mitchell

Thomas W. Mitchell

Over the course of several decades, many disadvantaged families who owned property under the tenancy-in-common form of ownership—property these families often referred to as heirs’ property—have had their property forcibly sold as a result of court-ordered partition sales. For several decades, repeated efforts to reform State partition laws produced little to no reform despite clear evidence that these laws unjustly harmed many families. This paper addresses the remarkable success of a model State statute named the Uniform Partition of Heirs Property Act (UPHPA), which has been enacted into law in several States since 2011, including in five southern ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Regulating White Desire, Reginald Oh Aug 2019

Regulating White Desire, Reginald Oh

Reginald Oh

This Article contends that segregationist justifications for miscegenation and segregation laws shows that those laws effectively imposed a legal duty on whites to adhere to cultural norms of endogamy. Dominant social groups enforce rules of endogamy⁠—the cultural practice of encouraging people to marry within their own social group⁠—to protect the dominant status of their individual members and of the social group in general. Thus, laws prohibiting interracial marriages regulated white desire in order to protect the dominant status of whites as a group. The Loving Court, therefore, ultimately was correct in declaring that miscegenation laws denied blacks equal ...


Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Keynote Speakers, Mark Rosenbaum, Erwin Chemerinsky Aug 2019

Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Keynote Speakers, Mark Rosenbaum, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Austin, Angela Onwuachi-Willig, Mario Barnes, Erwin Chemerinsky Aug 2019

Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Austin, Angela Onwuachi-Willig, Mario Barnes, Erwin Chemerinsky

Erwin Chemerinsky

In this Article, Mario Barnes, Erwin Chemerinsky, and Angela Onwuachi-Willig examine and analyze one recent, affirmative action case, Fisher v. University of Texas, Austin, as a means of highlighting why the anti-subordination or equal opportunity approach, as opposed to the anti-classification approach, is the correct approach for analyzing equal protection cases. In so doing, these authors highlight several opportunities that the U.S. Supreme Court missed to acknowledge and explicate the way in which race, racism, and racial privilege operate in society and thus advance the anti-subordination approach to equal protection. In the end, the authors suggest that, with regard ...


What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias Aug 2019

What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias

Erwin Chemerinsky

This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court’s opinion reinforced the cramped understanding that constitutional claims require evidence of not only disparate impact but also discriminatory purpose, producing significant negative consequences for the operation of the U.S. criminal justice system. Second, the Court rejected the Baldus study’s findings of statistically significant correlations between the races of the perpetrators and victims and the imposition of the ...


The Challenges Of Multiplicity, Jennifer Nedelsky Jul 2019

The Challenges Of Multiplicity, Jennifer Nedelsky

Jennifer Nedelsky

A Review of Inessential Woman: Problems of Exclusion in Feminist Thought by Elizabeth V. Spelman


Windsor, Surrogacy, And Race, Khiara M. Bridges Jul 2019

Windsor, Surrogacy, And Race, Khiara M. Bridges

Khiara M Bridges

Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor ...


Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges Jul 2019

Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges

Khiara M Bridges

The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist — the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the germination of post-racialism — the sense that we, as a nation, have overcome our racial problems. The dramatic visibility of the minority poor’s suffering, combined with the relative invisibility of the suffering of those minorities who are not poor, breeds the belief that class is now the ...


Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges Jul 2019

Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges

Khiara M Bridges

This Article conducts a critique of class-based affirmative action, identifying and problematizing the narrative that it tells about racial progress. The Article argues that class-based affirmative action denies that race is a significant feature of American life. It denies that individuals - and groups - continue to be advantaged and disadvantaged on account of race. It denies that there is such a thing called race privilege that materially impacts people’s worlds. Moreover, this Article suggests that at least part of the reason why class-based affirmative action has been embraced by those who oppose race-based affirmative action is precisely because it denies ...


Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk Jun 2019

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Nancy L. Zisk

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has ...


More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant Jun 2019

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

Shakira D. Pleasant

No abstract provided.


Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal May 2019

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Laura R. McNeal

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.


Introduction, Deborah W. Post May 2019

Introduction, Deborah W. Post

Deborah W. Post

No abstract provided.


A Retrospective On Race: The View From Long Island, Deborah W. Post May 2019

A Retrospective On Race: The View From Long Island, Deborah W. Post

Deborah W. Post

No abstract provided.


Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on ...


Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance Apr 2019

Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance

Jason P. Nance

In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S ...


The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin Apr 2019

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin

Lynnise E. Pantin

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout ...


Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal Apr 2019

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Cedric M. Powell

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.