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Full-Text Articles in Law and Race
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Michigan Law Review
A review of James Forman Jr., Locking Up Our Own: Crime and Punishment in Black America.
Flourishing Rights, Wendy A. Bach
Flourishing Rights, Wendy A. Bach
Michigan Law Review
There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade a wide …
Black Marriage, White People, Red Herrings, Melissa Murray
Black Marriage, White People, Red Herrings, Melissa Murray
Michigan Law Review
Ralph Richard Banks's Is Marriage for White People? is worlds away from Agatha Christie's novels. Decidedly a work of nonfiction, Banks's book considers the plight of middle-class African Americans who, according to statistics, are the least likely of any demographic group to get and stay married. Despite these obvious differences, Is Marriage for White People? shares some important commonalities with Agatha Christie's mysteries. Banks seeks to solve a mystery, but red herrings draw attention away from the true issue that should be the subject of Banks's concern. The mystery, of course, is the black marriage decline. In 1950, 78 percent …
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
The Final Report: Harvard's Affirmative Action Allegory, Derrick Bell
The Final Report: Harvard's Affirmative Action Allegory, Derrick Bell
Michigan Law Review
Harvard's affirmative action allegory written for this symposium.
The Politics Of Victimization Makes Strange Bedfellows, Jennifer L. Hochschild
The Politics Of Victimization Makes Strange Bedfellows, Jennifer L. Hochschild
Michigan Law Review
A Review of The Civil Rights Society: The Social Construction of Victims by Kristin Bumiller, and Plural But Equal: Blacks and Minorities in America's Plural Society by Harold Cruse
Black English And Equal Educational Opportunity, Michigan Law Review
Black English And Equal Educational Opportunity, Michigan Law Review
Michigan Law Review
There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …
A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards
A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards
Michigan Law Review
It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation within our society? (3) What must be done by the legal profession not only to alleviate the negative impact of such a shortage, but also to enhance …
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Michigan Law Review
In the landmark case of Plessy v. Ferguson decided in 1896, the Supreme Court of the United States gave its sanction to the "separate but equal" doctrine in the interpretation of the equal protection clause of the Fourteenth Amendment. More particularly, the Court held that a state statute requiring racial segregation in railway service did not result in a denial of the equal protection of the laws. This decision did not go unchallenged. Kentucky-born Justice John Harlan remonstrated in a dissenting opinion of extraordinary force. Crying out like a lone voice in the wilderness he predicted that the judgment declared …