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Full-Text Articles in Law and Race

Feminism And The Tournament, Jessica A. Clarke Jan 2018

Feminism And The Tournament, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

Naomi Bishop, the protagonist of the 2016 film "Equity," is the rare "she-wolf of Wall Street."' At the beginning of the film, Bishop appears on a panel at an alumni event. She explains her career choices to the young women in the audience as follows: I like money. I do. I like numbers. I like negotiating. I love a challenge. Turning a no into a yes. But I really do like money. I like knowing that I have it. I grew up in a house where there was never enough. I was raised by a single mom with four kids ...


The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock Jan 2014

The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock

Vanderbilt Law School Faculty Publications

Experts routinely criticize three aspects of regression analyses presented by the opposing party in employment discrimination cases: omitted explanatory variables, sample size, and statistical significance. However, these factors affect the reliability of the regression results only in very limited circumstances. As a result, valid regression analyses do not provide the critical guidance that they should in employment discrimination cases. Our own statistical analyses of seventy-eight Title VII employment discrimination cases find that merely raising these critiques, even if spurious, reduces plaintiffs’ likelihood of prevailing at trial. We propose that courts adopt a peer-review system in which court-appointed economists, compensated by ...


Federal Preemption And Immigrants' Rights, Karla M. Mckanders Jan 2013

Federal Preemption And Immigrants' Rights, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Recently, immigration scholars have focused on the relationship between federal, state, and local governments in regulating immigration to the exclusion of civil rights issues. States and localities assert that they should be able to use their Tenth Amendment police powers to regulate unauthorized immigrants within their borders, while the federal government claims exclusivity in the area of immigration law and policy. In the middle of this debate, there is the question of whether states abrogate individual civil rights and civil liberties when exercising their police powers to regulate immigration. This article takes a detailed look at these complex issues of ...


Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders Jan 2010

Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many legislators and city council members state that the purpose of the anti-immigrant laws is to restrict illegal immigration where the federal government has failed to do so, opponents claim that the laws are passed to enable discrimination and exclusion of all Latinos, regardless of their immigration status ...


Profiling The New Immigrant Worker: The Effects Of Skin Color And Height, Joni Hersch Jan 2008

Profiling The New Immigrant Worker: The Effects Of Skin Color And Height, Joni Hersch

Vanderbilt Law School Faculty Publications

Using data from the New Immigrant Survey 2003, this paper shows that skin color and height affect wages among new lawful immigrants to the U.S. controlling for education, English language proficiency, occupation in source country, family background, ethnicity, race, and country of birth. Immigrants with the lightest skin color earn on average 17 percent more than comparable immigrants with the darkest skin color. Taller immigrants have higher wages, but weight does not affect wages. Controls for extensive current labor market characteristics that may be influenced by discrimination do not eliminate the negative effect of darker skin color on wages.


Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick Jan 2007

Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

In 2003, the Supreme Court of the United States held that public universities - and the University of Michigan in particular - had a compelling reason to use race as one of many factors in their admissions processes: to reap the educational benefits of a racially diverse student body. In 2006, in response to the Supreme Court's decision, the people of Michigan approved a ballot proposal - called the Michigan Civil Rights Initiative (MCRI) - that prohibits public universities in the state from discriminating or granting preferential treatment on the basis of race. Shortly after the MCRI was approved, a number of Michigan ...


Skin-Tone Effects Among African Americans: Perceptions And Reality, Joni Hersch Jan 2006

Skin-Tone Effects Among African Americans: Perceptions And Reality, Joni Hersch

Vanderbilt Law School Faculty Publications

It is commonly assumed that lighter skinned African Americans receive preferential treatment over darker skinned counterparts. Using individual data from three sources, this paper examines the influence of skin tone on education and on wages. Lighter skin tone has a consistent positive impact on educational attainment but has a less consistent influence on wages. Possible mechanisms by which skin tone differences might influence economic outcomes are investigated, including measurement error, perceived attractiveness, access to integrated schools or work groups, perceived discrimination, and genetic differences. The perception that there is differential treatment on the basis of skin tone is more pronounced ...


Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke Jan 2005

Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, and racial identity share striking similarities to adverse possession law – these doctrines confer legal status on those who are merely acting as if they have that legal status. In each case, the elements of a legal claim are strikingly similar: physical proximity, notoriety and publicity, a claim of right, consistent and continuous behavior, and public acquiescence. The reason public performance is critical is that these ...


United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran Jan 2004

United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The United States Trade Representative and the policies that he (or she) attempt to impose on our trading partners have the serious and perhaps unintended effect of destroying local culture particularly in the area of film production.


Trapped By A Paradox: Speculations On Why Female Law Professors Find It Hard To Fit Into Law School Cultures, Beverly I. Moran Jan 2002

Trapped By A Paradox: Speculations On Why Female Law Professors Find It Hard To Fit Into Law School Cultures, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Feminist psychologists postulate that women are more people focused than men and therefore less likely to be attracted to rule oriented cultures that do not take into account personal differences and needs. This work postulates that the opposite is true of males and females who are attracted to law school teaching. Instead of rule oriented men and people oriented women, the legal academy is populated by women who believe that rules are meant to protect the weak against the tyranny of the strong and who then find themselves in "female" cultures ruled by men.


Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran Jan 2001

Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law producing state. Using law reform in Eritrea as a case study, the article asks what will happen in the United States when we become the recipient, rather than the exporter, of maladapted laws that serve the purpose of others instead of serving the unique needs of the United States and its economy.


Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran Jan 1998

Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The politics behind tax legislation are explored in order to demonstrate that, rather than being surprising or unexpected, it is easily predictable that federal tax laws would favor whites over blacks.


The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney Jan 1998

The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney

Vanderbilt Law School Faculty Publications

The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions for which were created by the convergence in previous decades of two very different social movements - civil rights and victims' rights. This anti-hate-crime movement has been radiply assimilated into the institutions of criminal justice, with the result that anti-hate-crime measures now reflect the culture and priorities of those institutions. The civil rights and victims' rights movements created collective beliefs, structural resources, and political opportunities that facilitated the emergence of a social ...


The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider Jan 1996

The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider

Vanderbilt Law School Faculty Publications

All the federal tax decisions of the Burger Court are reviewed in order to demonstrate that widely held beliefs about statutory interpretation in tax cases are misleading. For example, although the literature asserts that courts do not distinguish between legislative and interpretive regulations, the Burger Court did give greater deference to legislative regulations. Further, despite some Justices antipathy to legislative history, the Burger Court relied heavily on legislative histories in making its decisions. In addition, the widely held view that the Court eschews tax controversies was found false when compared to other business areas.


A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford Jan 1996

A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford

Vanderbilt Law School Faculty Publications

Using Census data and the Survey of Income Program participation (SIPP), the authors use social science methodology to show that blacks pay more federal income tax than whites at the same income levels.


The Effects Of Race-Conscious Jury Selection On Public Confidence In The Fairness Of Jury Proceedings: An Empirical Puzzle, Nancy J. King Jan 1994

The Effects Of Race-Conscious Jury Selection On Public Confidence In The Fairness Of Jury Proceedings: An Empirical Puzzle, Nancy J. King

Vanderbilt Law School Faculty Publications

In "Powers v. Ohio," the Court held that a peremptory challenge based on race violates the equal protection right of the challenged veniremember not to have her opportunities for jury service determined by her skin color. Powers and its progeny have placed defendants in the secondary role of enforcers of jurors' equal protection rights, granting defendants relief whenever jurors' rights are violated. This shift away from litigant rights to juror rights solved some doctrinal problems but created others. One of these problems is the subject of this essay-the task of judging when, if ever, the Constitution permits racial preferences in ...


Racial Jurymandering: Cancer Or Cure? A Contemporary Review Of Affirmative Action In Jury Selection, Nancy J. King Jan 1993

Racial Jurymandering: Cancer Or Cure? A Contemporary Review Of Affirmative Action In Jury Selection, Nancy J. King

Vanderbilt Law School Faculty Publications

Racial and ethnic minorities continue to be substantially underrepresented on criminal juries. At all stages of jury selection-venue choice, source list development, qualified list development, and jury panel and foreperson selection-traditional methods of selection exclude a disproportionate number of minorities. In response, a growing number of jurisdictions are employing race-conscious procedures to ensure that minorities are represented in juries and jury pools in proportions that equal or exceed their percentages in local communities. At the same time, the Supreme Court's most recent pronouncements on affirmative action and standing suggest that these reforms may be short-lived. Professor King suggests that ...


Minority Law Teachers Conference, Beverly I. Moran Jan 1991

Minority Law Teachers Conference, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The 1990 Minority Law Teachers Conference was dedicated to expanding the number of minorities in law teaching. To this end, the volume addresses a wide variety of concerns for new and veteran teachers including: teaching, scholarship, service, diversity and recruitment. The volume remains one of the most comprehensive statements of minority law professors about their role in the academy.


Stargazing: The Alternative Minimum Tax For Individuals And Future Tax Reform, Beverly I. Moran Jan 1990

Stargazing: The Alternative Minimum Tax For Individuals And Future Tax Reform, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The article uses the provisions of the Alternative Minimum Tax in an attempt to predict the course of future tax reform.