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Articles 31 - 60 of 87
Full-Text Articles in Law and Race
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Michigan Law Review
A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster
The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl
The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl
Michigan Law Review
A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice
History's Stories, Stephan Landsman
History's Stories, Stephan Landsman
Michigan Law Review
A Review of Stories of Scottsboro by James Goodman
Democracy And Dis-Appointment, Lani Guinier
Democracy And Dis-Appointment, Lani Guinier
Michigan Law Review
A Review of The Tyranny of the Majority: Fundamental Fairness in Representative Democracy
No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones
No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones
Michigan Law Review
My essay seeks to examine the internal architecture of the discursive barrier - the wall - that the Supreme Court has built within the doctrinal framework of Title VII and concomitantly within the discourse of equality. To understand how the Court has erected this discursive wall, we must begin with history. Equality, while historically a vehicle for national identity and contemporaneously for modernist conceptions of justice, is synchronically and diachronically indeterminate. Equality is a deeply sedimented concept with not one objective meaning but successive levels of meaning built up over time. Each of those historic understandings is itself a unity …
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Michigan Law Review
In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …
Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff
Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff
Michigan Law Review
Shaw is no doubt a major opinion that attempts to define limits on the use of racial or ethnic classifications in electoral redistricting. The main thrust of this article is to assess the critical question of whether Shaw renders unconstitutional the type of race-conscious realignment of electoral configurations that have given meaning to the voting rights reforms of the past two decades. In making this assessment, we try to ascertain exactly how the Court has limited the use of race-conscious districting, and we try to determine whether there is any jurisprudential coherence to the Court's latest confrontation with the law …
Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi
Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi
Michigan Law Review
This article attempts to define the constitutional principles that characterize Shaw and to suggest how those principles might be applied in a consistent, meaningful way. Part I, in which we argue that Shaw must be understood to rest on a distinctive conception of the kinds of harms against which the Constitution protects, is the theoretical heart of the article. We call these expressive harms, as opposed to more familiar, material harms. In Part II, we briefly survey the history of previous, largely unsuccessful, efforts in other legal contexts to give principled content to these kinds of harms in redistricting. …
Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper
Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper
Michigan Law Review
In the discussion that follows, we focus on the case of congressional districting rather than on districting in general. Although we proceed in this manner for the sake of clarity, it is also true that no single, all-purpose normative theory of electoral mechanics will cover every case of democratic representation, from county commissions to mosquito control districts to sovereign legislatures. We do not claim that one can generalize our argument to every sort of election to which the VRA might apply. Yet we think our argument does approximate a theory of general application.
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Michigan Law Review
In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …
Guess Who's Not Coming To Dinner!!, Stephen Reinhardt
Guess Who's Not Coming To Dinner!!, Stephen Reinhardt
Michigan Law Review
A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker
Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado
Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado
Michigan Law Review
A Review of Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard Epstein
Whose World And How?, Milner S. Ball
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
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
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Michigan Law Review
The threat of hate groups like the Ku Klux Klan and the neo-Nazi skinheads goes beyond their repeated acts of illegal violence. Their presence and the active dissemination of racist propaganda means that citizens are denied personal security and liberty as they go about their daily lives. Professor Richard Delgado recognized the harm of racist speech in his breakthrough article, Words That Wound, in which he suggested a tort remedy for injury from racist words. This Article takes inspiration from Professor Delgado's position, and makes the further suggestion that formal criminal and administrative sanction - public as opposed to private …
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Michigan Law Review
This Article first briefly considers the conceptual and constitutional framework out of which the controversy in Croson emerges. Next, the Article turns to Croson itself, and focuses on the Court's adoption of the strict scrutiny test, on the disagreement among the Justices concerning the test's meaning and implications, and on the Court's use of decontextualization to manipulate the key conceptual and factual issues at stake. Finally, drawing upon the principle of equality of opportunity, the Article endeavors to demonstrate how the adoption of particular principles of substantive equality can lead to a comprehensive and coherent constitutional resolution of the affirmative …
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Michigan Law Review
A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
Michigan Law Review
A Review of The Plessy Case: A Legal-Historical Interpretation by Charles A. Lofgren
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
Michigan Law Review
A Review of And We Are Not Saved: The Elusive Quest for Racial Justice by Derrick A. Bell
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
Michigan Law Review
A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
Michigan Law Review
A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Michigan Law Review
This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
Michigan Law Review
A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler
When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia
When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia
Michigan Law Review
A Review of Swann's Way: The School Busing Case and the Supreme Court by Bernard Schwartz
Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser
Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser
Michigan Law Review
A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond
The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn
The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn
Michigan Law Review
A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild
The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review
The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review
Michigan Law Review
A Review of The Burden of Brown: Thirty Years of School Desegregation by Raymond Wolters
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Michigan Law Review
A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons
Anatomy Of Racism, Damon J. Keith
Anatomy Of Racism, Damon J. Keith
Michigan Law Review
A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore