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Full-Text Articles in Law and Race
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Michigan Law Review
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social institutions function as two sides of the same ideology, sharing a common historical nucleus rooted in the mythologies that sustained chattel slavery in the United States. The effects of these narratives continue to operate in race-related jurisprudence and in the criminal legal system, sending normative messages about race and …
Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker
Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker
Michigan Law Review
Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of …
Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice, Dana Thompson
Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice, Dana Thompson
Michigan Journal of Race and Law
The Michigan Business & Entrepreneurial Law Review (MBELR) has always strived to provide a platform for legal scholars, professionals, and students to publish business-related legal scholarship. Yet, little legal business scholarship focusing on the Black business community exists, despite the extraordinary impact that Black communities have in the U.S. business landscape. In a year of revolutionary social change, we are excited to feature in this special issue the work of Professor Dana Thompson, a Michigan Law alumna, in an effort to remedy this gap. Professor Thompson’s career, professional values, and day-to-day work demonstrate genuine, commanding, and inspiring commitment to social …
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang
Michigan Journal of Race and Law
MJEAL chose to publish Helen Kang’s piece, Looking Toward Restorative Justice for Redlined Communities Displaced by Eco-Gentrification, because it offers a unique analytic approach for analyzing the roots of environmental racism and the appropriate tools to help rectify it. She offers an argument for why restorative justice needs to be the framework and explains how we can accomplish this in the context of a whole government solution. MJEAL is excited to offer what will be an influential approach for environmental restorative justice to the broader activist and academic community.
Excerpt Of Law And Anti-Blackness, Michele Goodwin
Excerpt Of Law And Anti-Blackness, Michele Goodwin
Michigan Journal of Race and Law
Professor Michele Goodwin’s essay here (and the article from which it came, to be published in full in our Winter issue) explicitly identifies the development of American law as a project of cementing racial caste. This piece is a call for conversation and asks us all to consider: “How has the failure to acknowledge and address the carnage and prurience of America’s racial origin story impacted life today?” For 26 volumes, we have attempted to answer that question. In publishing this story in this issue, we are excited to be joined by our peers in that effort.
A Fare Share: A Proposed Solution To Address The Racial Disparity In Access To Public Transportation Funding In America, Michael Swistara
A Fare Share: A Proposed Solution To Address The Racial Disparity In Access To Public Transportation Funding In America, Michael Swistara
Michigan Journal of Race and Law
Black American households are up to six times less likely to own a car than white families and are four times more likely to rely on public transportation to meet their daily needs. Despite this, communities of color have seen consistent disinvestment in their transit infrastructure. Four hundred years of continued housing segregation combined with post-recession austerity policies and ongoing pro-automobile bias has exacerbated this disparity. This Note proposes a straightforward legislative tool to begin to combat this inequity. The proposed legislation would require that urbanized areas spend their public transit dollars according to the population density of the communities …
Law And Anti-Blackness, Michele Goodwin
Law And Anti-Blackness, Michele Goodwin
Michigan Journal of Race and Law
This Article addresses a thin slice of the American stain. Its value derives from the conversation it attempts to foster related to reckoning, reconciliation, and redemption. As the 1930s Federal Writers’ Project attempted to illuminate and make sense of slavery through its Born in Slavery: Slave Narratives From 1936-1938, so too this project seeks to uncover and name law’s role in fomenting racial division and caste. Part I turns to pathos and hate, creating race and otherness through legislating reproduction— literal and figurative. Part II turns to the Thirteenth Amendment. It argues that the preservation of slavery endured through …