Law and Race Commons^™

Rethinking Minority Business Development Strategies, Robert E. Suggs

Faculty Scholarship

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, …

The Mission Of Black Law Schools Toward The Year 2000, Roy Carleton Howell

North Carolina Central Law Review

No abstract provided.

Pure Politics, Girardeau A. Spann

Michigan Law Review

Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …

Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers

History Faculty Publications

Review of the book, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865, by Philip J. Schwarz. Baton Rouge: Louisiana University Press, 1988.

Meanness As Racial Ideology, Derrick Bell

Michigan Law Review

A Review of The Port Chicago Mutiny: The Story of the Largest Mutiny Trial in U.S. History by Robert L. Allen

Suffering The Children: 35 Years Of Suspension, Expulsion, And Beatings--The Price Of Desegregation, Leroy Pernell

Journal Publications

No abstract provided.

The Maryland Context Of Dred Scott: The Decline In The Legal Status Of Maryland Free Blacks 1776-1810, David S. Bogen

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Essay Review: The Civil Rights Struggle In Retrospect: Review Of Cruse: Plural But Equal, And Bell: And We Are Not Saved, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

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

Articles in Law Reviews & Other Academic Journals

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

Articles

In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.

Stargazing: The Alternative Minimum Tax For Individuals And Future Tax Reform, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The article uses the provisions of the Alternative Minimum Tax in an attempt to predict the course of future tax reform.

Justice In A Post-Apartheid South Africa, Penelope Andrews

Other Publications

No abstract provided.

The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr

Faculty Works

The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …

Pure Politics, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The present Supreme Court has been noticeably unreceptive to legal claims asserted by racial minorities. Although it is always possible to articulate nonracial motives for the Court's civil rights decisions, the popular perception is that a politically conservative majority wishing to cut back on the protection minority interests receive at majority expense now dominates the Supreme Court. In reviewing the work of the Court during its 1988 Term, The United States Law Week reported that "[a] series of civil rights decisions by a conservative majority of the U.S. Supreme Court making it easier to challenge affirmative action programs and more …

Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman

Faculty Scholarship

Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …

Women In The Aids Epidemic: A Portrait Of Unmet Needs, Arlene Zarembka, Katherine M. Franke

Faculty Scholarship

While rarely a month goes by that the topic of AIDS escapes discussion in the legal literature, a survey of legal publications reveals that the implications of AIDS for women has received scant treatment by legal commentators. Unfortunately, this neglect is not unique to the legal community, but reflects a larger societal disinterest in women with AIDS.

In fact, this epidemic looks quite different from the perspective of women. The medical, social, and legal needs of women affected by AIDS are in many ways needs that preexisted AIDS, but which have been magnified by the threat and implications of HIV …

Desegregating Politics: "All-Out" School Desegregation Explained, James S. Liebman

Faculty Scholarship

School desegregation is not dead. It lives quietly in what used to be the Confederate South. Notwithstanding the Reagan and Bush Administrations' ten-year campaign to limit the legal, remedial, and temporal scope of court-ordered integration plans throughout the nation, desegregation persists in southern rural areas where substantial numbers of black Americans continue to reside and in southern urban areas where school districts were organized in 1970 to encompass not only the inner city but also the suburbs. By many accounts, moreover, desegregation is an effective and accepted – one may even say respected – member of the family of social …

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

Candace Kovacic-Fleischer