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Articles 1 - 12 of 12
Full-Text Articles in Law and Race
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Race-Specific, State-Specific Covid-19 Vaccination Rates Adjusted For Age, Elizabeth Wrigley-Field, Kaitlyn M. Berry, Govind C. Persad
Race-Specific, State-Specific Covid-19 Vaccination Rates Adjusted For Age, Elizabeth Wrigley-Field, Kaitlyn M. Berry, Govind C. Persad
Sturm College of Law: Faculty Scholarship
The authors provide the first age-standardized race/ethnicity-specific, state-specific vaccination rates for the United States. Data encompass all states reporting race/ethnicity-specific vaccinations and reflect vaccinations through mid-October 2021, just before eligibility expanded below age 12. Using indirect age standardization, the authors compare racial/ethnic state vaccination rates with national rates. The results show that white and Black state median vaccination rates are, respectively, 89 percent and 76 percent of what would be predicted on the basis of age; Hispanic and Native rates are almost identical to what would be predicted; and Asian American/Pacific Islander rates are 110 percent of what would be …
Fair Allocation At Covid-19 Mass Vaccination Sites, William F. Parker, Govind C. Persad, Monica E. Peek
Fair Allocation At Covid-19 Mass Vaccination Sites, William F. Parker, Govind C. Persad, Monica E. Peek
Sturm College of Law: Faculty Scholarship
On February 26, 2021, the Federal Emergency and Management Agency (FEMA) announced 18 community vaccination centers in major cities capable of administering up to 6000 vaccines daily. Mass vaccination sites like these arrive amid staggering socioeconomic and racial disparities in COVID-19 vaccination. Black and Hispanic people are being vaccinated at less than half the rate of White people, despite being twice as likely to die of COVID-19. The wealth gap is similarly substantial, reaching up to a 65% difference between the wealthiest and poorest counties in Connecticut. The federal government is supporting mass vaccination sites, in part, to alleviate disparities, …
Tear It All Down: Highways As Racist Monuments, Sarah Schindler
Tear It All Down: Highways As Racist Monuments, Sarah Schindler
Sturm College of Law: Faculty Scholarship
In recent months, citizens and elected officials around the country have been tearing down or ordering the removal of monuments that symbolize white supremacy and subjugation. While many of the targeted monuments are statues of people who supported or espoused racist ideologies, another set of more innocuous monuments to racial segregation still stand: America’s Highways.
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Bernard Chao, Catherine Durso, Ian Farrell, Christopher Robertson
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Bernard Chao, Catherine Durso, Ian Farrell, Christopher Robertson
Sturm College of Law: Faculty Scholarship
The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question depends on and reflects the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If judges’ intuitions about …
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice, Robert M. Hardaway
Race And Income Disparity: An Ideology-Neutral Approach To Reconciling Capitalism And Economic Justice, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Income and wealth disparities along racial lines in the United States constitute a continuing threat to the political and democratic stability upon which the economy and government of the United States fundamentaly depends. The quest or solutions to these economic dijpariies has thus far been frustrated by ideological battles between poliical groups and coalitions. In particular, ideological preconceptions have prevented these groups from listening to the ideas and proposals of opposing groups and working together to find real solutions to the problem of income disparities that actually work. Instead, they have created policies which, while fitting within a preconceived ideological …
Ut Case Was Stop On Road To Brown V. Board Of Education, Thomas D. Russell
Ut Case Was Stop On Road To Brown V. Board Of Education, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
“Before Brown: Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice” is Gary Lavergne’s treatment of Sweatt v. Painter, an important 1950 Supreme Court decision on the way to Brown. Lavergne, director of admissions research at the University of Texas, tells an interesting and important story that fills many gaps between Plessy and Brown.
Unifying Disparate Treatment (Really), Martin J. Katz
Unifying Disparate Treatment (Really), Martin J. Katz
Sturm College of Law: Faculty Scholarship
The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.
The Shape Of The Michigan River As Viewed From The Land Of Sweatt V. Painter And Hopwood: Comments On Lempert, Chambers, And Adam's Study Of The University Of Michigan Law School's Minority Graduates, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
The piece considers the Lempert, Chambers, Adams study of Michigan's law graduates of color from the vantage point of the history of The University of Texas's law school's history.
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This legal history article presents the empirical finding that the risk of family separation at slave auctions was higher at court-ordered and court-supervised sales as compared with private sales of capitalist auctioneers. The article also examines legal and ideological justification for the destruction of slave families. Law served to disguise human agency in the breakup of slave families.
This article builds upon the author’s earlier finding that a majority of slave auctions in South Carolina were conducted by the courts. The data for this article and the previous study were drawn from antebellum primary sources including trial-court records, the salesbooks …
A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell
A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This legal history article presents a new understanding of the nature of slave property. Slave property was divided and fragmented into many different interests including those with application to real property such life estates, remainders, shifting and spring interests, and leasehold interests. With regard to these interests, the article overlays the first-year, law-school property course onto slaves as property. Property interests in slaves were also divided by credit mechanisms including mortgages and secured credit transactions. Warranties are another example of divided property interests in slaves.
The fragmented, Hohfeldian nature of slave property distributed the stake that southerners had in the …
South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell
South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This article presents the original finding that South Carolina's legal system conducted a majority of the state's slave auctions during the antebellum years.Courts conducted slave auctions in several circumstances. Sheriffs sold the property of debtors; and courts also conducted or supervised sales in order to divide estates. Drawing upon extensive empirical analysis of primary sources in various South Carolina archives, this article compares the total number of slaves sold at court-ordered or court-supervised sales with the best empirical estimates for private slave sales - whether at auction or not. The conclusion is that the courts acted as the state's greatest …