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Social and Behavioral Sciences

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Full-Text Articles in Law and Race

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 …

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Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim Dec 1998

Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim

Janine Kim

In recent years, Asian Americans have increasingly laid claim to a place in civil rights history. One strategy of this movement has been to renounce the black/white paradigm as a biracial model of race relations that no longer accurately describes contemporary America. In this essay, I suggest that the black/white paradigm is more compelling than commonly assumed, and explore six dimensions of the paradigm that speak to its contemporary relevance to the Asian American civil rights agenda.

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