Law and Race Commons^™

Preface, Paul A. Lombardo

Paul A. Lombardo

Introduction to a volume chronicling the 20th Century North Carolina eugenic sterilization program and the investigative journalism that prompted the state to apologize for it

Resistance And Transformation: Re-Reading Mari Matsuda In The Postracial Era, Janine Young Kim

Janine Kim

Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell

Cedric M. Powell

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 …

A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli

Carlo A. Pedrioli

In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change.

While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …

Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusions In The Local Political Process, Matthew J. Parlow

Matthew Parlow

Introductory Note For The International Criminal Court.Pdf, Susana L. Sacouto

Susana L. SáCouto

Rethinking Minority Business Development Strategies, Robert E. Suggs

Robert E. Suggs

Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …

Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

David S. Bogen

No abstract provided.

The State Of Black Arizona: Education And The Law, Penny L. Willrich

Penny Willrich

No abstract provided.

Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim

Matthew Parlow

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

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 …

Two Life Stories: Reflections Of One Black Woman Law Professor, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

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 …

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Discretionary Justice And The Black Offender, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Progressive Lawyering In Politically Depressing Times, Susan D. Carle

Susan D. Carle

The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal

Lawrence Rosenthal

No abstract provided.

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Engendering Legal History, Felice J. Batlan

Felice J Batlan

No abstract provided.

The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal

Lawrence Rosenthal

No abstract provided.

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle

Susan D. Carle

Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker

Katharine K. Baker