Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (9)
- Civil Rights and Discrimination (8)
- Law and Society (6)
- Constitutional Law (3)
- Criminal Law (3)
-
- Criminal Procedure (3)
- Arts and Humanities (2)
- Family Law (2)
- Human Rights Law (2)
- Immigration Law (2)
- Law and Economics (2)
- Law and Politics (2)
- Legal History (2)
- Race and Ethnicity (2)
- Social and Behavioral Sciences (2)
- Sociology (2)
- State and Local Government Law (2)
- Administrative Law (1)
- African American Studies (1)
- Biological Engineering (1)
- Biomedical Engineering and Bioengineering (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Education (1)
- Institution
-
- University of New Mexico (4)
- University of Colorado Law School (3)
- University of Florida Levin College of Law (3)
- University of Miami Law School (3)
- California Western School of Law (2)
-
- University of Pennsylvania Carey Law School (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Florida A&M University College of Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Mississippi College School of Law (1)
- Seattle University School of Law (1)
- Southern Methodist University (1)
- The University of Maine (1)
- University of Georgia School of Law (1)
- University of Maine School of Law (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Washington University in St. Louis (1)
- Keyword
-
- Race (8)
- Affirmative action (6)
- LatCrit (4)
- Civil Rights (3)
- Discrimination (3)
-
- Diversity (3)
- Affirmative Action (2)
- Constitutional law (2)
- Criminal justice (2)
- Critical race theory (2)
- Death penalty (2)
- Gender (2)
- Racial discrimination (2)
- Racism (2)
- Ace-based pretextual stops (1)
- Adoption (1)
- African Americans (1)
- Allotment (1)
- American Indian law (1)
- And the Law (1)
- Apache (1)
- Bigotry (1)
- Bilingual (1)
- Black (1)
- Body Politic (1)
- Capital punishment (1)
- Child care (1)
- Child care subsidies (1)
- Citizenship (1)
- Civil Rights; Politics; International Law; Equal Protection (1)
- Publication
-
- Faculty Scholarship (7)
- Articles (4)
- Publications (3)
- UF Law Faculty Publications (3)
- All Faculty Scholarship (2)
-
- Articles in Law Reviews & Other Academic Journals (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Journal Publications (1)
- LLM Theses and Essays (1)
- Scholarly Works (1)
- Scholarship@WashULaw (1)
- Social Justice: Diversity, Equity, & Inclusion (1)
Articles 1 - 30 of 31
Full-Text Articles in Law and Race
Hate Crimes By Teens Disturbing, Maine Campus
Hate Crimes By Teens Disturbing, Maine Campus
Social Justice: Diversity, Equity, & Inclusion
If the stories of hate crimes told at last week's "Bridges of Respect" conference in Ellsworth are any indication, Maine has a long way to go in educating its youths about tolerance and respect for civil rights.
Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol
Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol
UF Law Faculty Publications
This essay, an expansion of remarks delivered at the LatCrit I Conference -- the first conference ever convened to discuss and explore critical legal thought from a Latina/o perspective -- develops a basis for articulating a LatCrit theory. As the introductory section, "LatCrit: The Voice for Latina/o Narratives" sets out, Latinas/os are a diverse community, whose identity components -- race, sex, ethnicity, language, and sexuality to name a few of the pertinent ones -- are indivisible yet diverse and varied. Such diversity, to date, has not allowed for a cohesive Latina/o theoretical model to be articulated. Rather, it has been …
Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol
Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol
UF Law Faculty Publications
This Essay, developed in a prologue and three parts, adopts Latinas'/os' world traveling as a metaphor for Latina/o multidimensionality and as a springboard for LatCrit theorizing. The Prologue is a brief diary entry of unfin de semana viajando mundos - a weekend of actual traveling between New York and Miami; law and familia; profesora and learner; colleague and hija; español and English; norte y sur; normativa and other; indigenous and alien. This abbreviated record of a Latina's life reveals, exposes, and unveils Latinas'/os' daily crossdressing simply by virtue of their latinidad. This Prologue thus serves as a concrete backdrop for …
Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig
Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig
Faculty Scholarship
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
Articles
No abstract provided.
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Articles
As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …
Voicing Differences (Comment), Margaret E. Montoya
Voicing Differences (Comment), Margaret E. Montoya
Faculty Scholarship
Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …
Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya
Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya
Faculty Scholarship
What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …
Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field, Lundy Langston
Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field, Lundy Langston
Journal Publications
Affirmative action is one of the most divisive issues in the United States today.' Proponents of affirmative action argue that the United States has not come far enough in leveling the playing field. They argue that affirmative action programs are needed as much today-if not more-than when the balancing policies initially took effect. Opponents of affirmative action argue that race-based decision-making is undemocratic and discriminates against the majoritarian members in United States society. As we prepare to exit the twentieth century, we are confronted with the need to resolve the affirmative action dilemma. Do we eliminate affirmative-action programs altogether and …
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Faculty Publications
This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.
Black And White (Book Review), Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
The Diversity Among Us, Berta E. Hernández-Truyol
The Diversity Among Us, Berta E. Hernández-Truyol
UF Law Faculty Publications
It is really a pleasure to be here today and I think we owe great thanks to Western New England College School of Law for hosting this historic First Annual Northeastern People of Color Legal Scholarship Conference. I think there are two people who deserve special mention and to whom a great deal of thanks are in order. First, I would like to thank Dean Mahoney of Western New England College School of Law who made this conference possible. These events just do not happen without administrative and, more specifically, deaconal support. Her role and support are invaluable. The other …
Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki
Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki
Faculty Articles
In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders becoming increasingly porous to the flows of information, goods and capital while simultaneously constricting when it comes to the movement of certain persons, particularly those of Asian and Latinalo ancestry. The authors examine Monterey Park, California, as one site where there has been a large influx …
The Legal Construction Of Race: Mexican-Americans And Whiteness, George A. Martinez
The Legal Construction Of Race: Mexican-Americans And Whiteness, George A. Martinez
Faculty Journal Articles and Book Chapters
In light of the privileged status of whiteness and these important critical race projects, this essay seeks to examine a number of issues concerning Mexican-Americans and whiteness. In particular, this essay seeks to examine how legal actors - courts and others –constructed the race of Mexican-Americans. In this regard, the essay seeks to examine whether the law constructed Mexican-Americans as white and whether they received the benefits traditionally associated with whiteness. The essay also explores the importance of group definition and argues that an examination of whiteness and Mexican-Americans has implications for the affirmative action debate. The article also explores …
Race And Criminal Justice, Richard B. Collins
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Publications
No abstract provided.
Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya
Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya
Publications
No abstract provided.
Race, Cops, And Traffic Stops, Angela J. Davis
Race, Cops, And Traffic Stops, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …
Two Parents Are Better Than None: Whether Two Single, African American Adults--Who Are Not In A Traditional Marriage Or A Romantic Or Sexual Relationship With Each Other--Should Be Allowed To Jointly Adopt And Co-Parent African American Children, Angela Mae Kupenda
Journal Articles
This article proposes an additional adoption model to allow joint adoption and co-parenting by single African Americans who are not in a traditional marriage relationship with each other and not in a romantic or sexual relationship with each other. Under this model, for example, two friends, two sisters, two brothers, a sister and a brother, etc., could jointly adopt and co-parent a child. If some new model such as this one is not devised, many single blacks may hesitate to take on the entire adoption responsibility alone. As a result, many black children will continue to go without any parents. …
Representing Black Male Innocence, Joan W. Howarth
Representing Black Male Innocence, Joan W. Howarth
Scholarly Works
This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.
The second part uses the case to investigate …
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Identity Notes Part Ii: Redeeming The Body Politic, Adrienne D. Davis
Identity Notes Part Ii: Redeeming The Body Politic, Adrienne D. Davis
Scholarship@WashULaw
These remarks were given in April 1996 at the First Annual LatCrit Conference, co-sponsored by California Western Law School and the Harvard Latino Law Review. While the body of Christ has not been used explicitly to order secular American law and political theory, a multi-dimensional analysis of his body in Western political theory would have to include its use at a critical historic moment as an organizing metaphor for the racial order of the United States and the consolidation of the national identity as white. Reclamation of the national identity as historically always diverse, documentation of the denial of citizenship …
Family Secrets, Antoinette M. Sedillo Lopez
Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya
Faculty Scholarship
I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
All Faculty Scholarship
No abstract provided.
The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya
The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya
LLM Theses and Essays
The emergence of an artificially constructed modern state with internal contradictions, sophisticated state apparatus, and weaponry, coupled with external forces has made Africa one of the most unstable regions in the world, and peace prospects a daunting task. The post-cold war era punctuated by forces of economic liberalization and dominance of the Breton Woods institutions in the economic management of the developing countries has not only accelerated the economic marginalization of Africa placing her at the fringes of the global economy but also wrought insecurity in their wake. This post-cold war and serves to emphasize the need for the OAU …
Rethinking Equality In The Global Society, Clark D. Cunningham
Rethinking Equality In The Global Society, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Proposition 209, Girardeau A. Spann
Proposition 209, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
I have a proposition for you. It's called Proposition 209. All you have to do is stop discriminating in favor of women and racial minorities, and your perpetual problems of race and gender discrimination will finally disappear. If this Proposition sounds too good to be true ... well, you know how the saying goes. In law, as in life, the seductiveness of a proposition owes as much to its disregard of established norms as to its underlying content. Eliminate the affront to social convention, and a proposition promises about as much excitement as a routine liaison with one's spouse. But …
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Faculty Scholarship
This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …