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Articles 1 - 30 of 53
Full-Text Articles in Law and Race
The Return Of The Ring: Welfare Reform’S Marriage Cure As The Revival Of Post-Bellum Control, Angela Onwuachi-Willig
The Return Of The Ring: Welfare Reform’S Marriage Cure As The Revival Of Post-Bellum Control, Angela Onwuachi-Willig
Faculty Scholarship
In 1996, the United States Congress began its imposition of a marital solution to poverty when it enacted the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA"). Nearly ten years later, Congress has strengthened its commitment to marriage as a cure for welfare dependency with proposals such as the Personal Responsibility, Work, and Family Promotion Act of 2005. If passed, this bill would provide 1.5 billion dollars for pro-marriage programs and require each state to explain how its welfare program will encourage marriage for single mothers who receive public aid. With these proposals, Congress has continued to construct poverty as …
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt
Other Publications
This year marks the fortieth anniversary of one of the most remarkable and consequential pieces of congressional legislation ever enacted. The Voting Rights Act of 1965 ("the VRA") targeted massive disfranchisement of African-American citizens in numerous Southern states. It imposed measures drastic in scope and extraordinary in effect. The VRA eliminated the use of literacy tests and other "devices" that Southern jurisdictions had long employed to prevent black residents from registering and voting. The VRA imposed on these jurisdictions onerous obligations to prove to federal officials that proposed changes to their electoral system would not discriminate against minority voters. Resistance …
Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton
Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton
Faculty Scholarship
In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning whether …
It's All Right To Be Wrong, Sometimes, Seow Hon Tan
It's All Right To Be Wrong, Sometimes, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?
It's All Right To Be Wrong, Sometimes, Seow Hon Tan
It's All Right To Be Wrong, Sometimes, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
Faculty Scholarship
This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Faculty Scholarship
Mitchell's study exemplifies the New Legal Realist goal of combining qualitative and quantitative empirical research to shed light on important legal and policy issues. He also demonstrates the utility of a ground-level contextual analysis that examines legal problems from the bottom up. The study tracks processes by which black rural landowners have gradually been dispossessed of more than 90% of the land held by their predecessors in 1910. Mitchell points out that despite the continuing practices that contribute to this problem, there has been very little research on the issue, and what little attention legal scholars have paid to it …
Just Another Brother On The Sct?: What Justice Clarence Thomas Teaches Us About The Influence Of Racial Identity, Angela Onwuachi-Willig
Just Another Brother On The Sct?: What Justice Clarence Thomas Teaches Us About The Influence Of Racial Identity, Angela Onwuachi-Willig
Faculty Scholarship
Justice Clarence Thomas has generated the attention that most Justices receive only after they have retired. He has been boycotted by the National Bar Association, caricatured as a lawn jockey in Emerge Magazine, and protested by professors at an elite law school. As a general matter, Justice Thomas is viewed as a "non-race" man, a Justice with a jurisprudence that mirrors the Court's most conservative white member, Justice Antonin Scalia, in other words, Justice Scalia in "blackface." This Article argues that, although Justice Thomas's ideology differs from the liberalism that is more widely held by Blacks in the United States, …
Oral History: Rodney Hurst. Interviewed By The University Of Florida, Kristin Dodek, Rodney Lawrence Hurst
Oral History: Rodney Hurst. Interviewed By The University Of Florida, Kristin Dodek, Rodney Lawrence Hurst
Textual material from the Rodney Lawrence Hurst, Sr. Papers
An Oral history about Jacksonville's Civil Rights on 2/18/2005. Box 1, Folder 4.
Certificate: Appreciation To Rodney Hurst For 2nd Annual Black History Leader Luncheon
Certificate: Appreciation To Rodney Hurst For 2nd Annual Black History Leader Luncheon
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A certificate of appreciation from Stanton College Preparatory school on the 2nd annual Black History Leader Luncheon, February 15, 2005
The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann
The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann
Articles & Chapters
How did Justice Stanley Reed come to join the Supreme Court's unanimous decision in Brown v. Board ofEducation? It is clear from the historical record that Reed's first inclination was to uphold the constitutionality of racially segregated education, and clear as well that in the end he put this inclination aside and joined, without any public qualification, in the Court's decision banning segregation. Perhaps Reed changed his mind about the meaning of the constitution; perhaps he changed his mind about the legitimacy of judges' making social policy in the name of the constitution; perhaps he decided to uphold the Supreme …
Medical Code Blue Or Clue Light Special: Where Is The Market For Indigent Care, Peter J. Hammer
Medical Code Blue Or Clue Light Special: Where Is The Market For Indigent Care, Peter J. Hammer
Law Faculty Research Publications
No abstract provided.
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
Publications
No abstract provided.
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Some Potential Causalities Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, 12 Wash. & Lee J. Civ. Rts. & Soc. Just. 81 (2005), Rogelio A. Lasso
Some Potential Causalities Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, 12 Wash. & Lee J. Civ. Rts. & Soc. Just. 81 (2005), Rogelio A. Lasso
UIC Law Open Access Faculty Scholarship
No abstract provided.
Resegregation In Public Education, Stephen Wermiel
Resegregation In Public Education, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page
Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page
Faculty Publications
No abstract provided.
The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert
The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert
Articles
In 1970, there were about 4000 African American lawyers in the United States. Today there are more than 40,000. The great majority of the 40,000 have attended schools that were once nearly all-white, and most were the beneficiaries of affirmative action in their admission to law school. American law schools and the American bar can justly take pride in the achievements of affirmative action: the training of tens of thousands of African American (as well as Latino, Asian American, and Native American) practitioners, community leaders, judges, and law professors; the integration of the American bar; the services that minority attorneys …
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd
Publications
For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person's Afro-centric features. Section I of the article describes a line of social science research that shows that a person's Afro-centric features have a strong biasing effect on judgment such …
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Desautels-Stein
Rites And Rights In Afghanistan: The Hazara And The 2004 Constitution, Justin Desautels-Stein
Publications
No abstract provided.
Diversity: A Fundamental American Principle, David Orentlicher
Diversity: A Fundamental American Principle, David Orentlicher
Scholarly Works
In this article, Professor David Orentlicher argues that following the U.S. Supreme Court's affirmative action decisions in June 2003, both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity . Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest, diversity is a critical principle for much of American constitutional and social structure. In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to better …
Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke
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 …
Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri
Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya
The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya
Research outputs pre 2011
Racism in Australian society is not something new and surprising. For a variety of historical and socio-political reasons it has existed from the earliest days ·of colonisation, and there have been a variety of strategies tried over the years to deal with racism as a social problem. One strategy most frequently resorted to, especially in recent years, has been to use the law as a means of combating racism. Before considering the questions of law and racism, we need first to clarify what we mean by the term racism...
Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli
Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli
Faculty Scholarship
This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how …
How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner
How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Navigating Diverse Identities: Building Coalitions Through Redistribution Of Academic Capital--An Exercise In Praxis, Aya Gruber
Publications
No abstract provided.
Book Review, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
By Any Other Name?: On Being “Regarded As” Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario Barnes
By Any Other Name?: On Being “Regarded As” Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario Barnes
Faculty Scholarship
Forty years after the passage of Title VII, scholars Marianne Bertrand and Sendhil Mullainathan reported the results of their groundbreaking study, Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination. Their study revealed that simply having an African American-sounding name significantly decreased one's opportunity to receive a job interview, regardless of occupation or industry. The results of Bertrand and Mullainathan's investigation raise critical questions about the effectiveness of Title VII as a remedy for race discrimination in the hiring market today, especially as employment discrimination has evolved into different forms. As shown …