Law and Race Commons^™

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Nancy L. Zisk

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has described …

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

Shakira D. Pleasant

No abstract provided.

A Retrospective On Race: The View From Long Island, Deborah W. Post

Deborah W. Post

No abstract provided.

Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance

Jason P. Nance

In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S. Department …

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Gabriel Rubin

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …

The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell

Thomas W. Mitchell

This article deconstructs the role that race played in the land crisis in Zimbabwe that occurred in Zimbabwe in the late 1990s and earls 2000s. The article makes it clear that the government of Zimbabwe did not extend robust property rights to its black majority population for the most part even as it took land from large white landowners. This is revealing given that the government's primary justification for taking land from large white landowners was that the black majority unjustly owned little property in Zimbabwe as a result of colonialist and neocolonialist, discriminatory polices.

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

Angela Onwuachi-Willig

No abstract provided.

Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell

Thomas W. Mitchell

May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …

Racial Emotions And The Feeling Of Equality, Janine Young Kim

Janine Kim

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström

Leila Brännström

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Sahar F. Aziz

No abstract provided.

New York Times V. Sullivan And The Rhetorics Of Race: A Look At The Briefs, Oral Arguments, And Opinions, Carlo A. Pedrioli

Carlo A. Pedrioli

Given the strife of the Civil Rights Movement that surrounded the case, this article looks back at the use of race in New York Times v. Sullivan. Specifically, the article examines how the advocates, led by Herbert Wechsler for the Times, I. H. Wachtel, William Rogers, and Samuel Pierce for the four ministers, and Roland Nachman for Sullivan, dealt with race in their rhetorics to the Court, both in their merits briefs and their oral arguments, and also how the justices used race in their opinions. Although Justice William Brennan did not explicitly focus on race in his opinion for …

Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Mourer

Sarah Mourer

This article examines the prosecutor’s and defense attorney’s personal pre-trial beliefs regarding the accused’s guilt or innocence. This analysis suggests that when an attorney does hold pretrial beliefs, such beliefs lead to avoidable bias and errors. These biases may alter the findings throughout all stages of the case. The procedure asking that the prosecution seek justice while having nothing more than probable cause results in the prosecutor’s need to have a belief in guilt before proceeding to trial. While this belief is intended to foster integrity and fairness in the criminal justice system, to the contrary, it actually contributes to …

Through The Looking Glass, Andrea Lyon

Andrea D. Lyon

No abstract provided.

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …

Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli

Carlo A. Pedrioli

This article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder.

Drawing upon the insights of critical theory, particularly to explore concepts like …

Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks

Taunya Lovell Banks

Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The post-colonial Mexican becomes …

Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks

Taunya Lovell Banks

Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry—English; her …

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

Janine Kim

Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer