Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

1991

Discipline
Institution
Keyword
Publication
Publication Type

Articles 1 - 26 of 26

Full-Text Articles in Law and Race

Remedying Environmental Racism, Rachel D. Godsil Nov 1991

Remedying Environmental Racism, Rachel D. Godsil

Michigan Law Review

This Note addresses the equity issues that arise in the placement of commercial hazardous waste facilities. Currently, minorities are shouldering an unequal share of the burdens of hazardous waste16 while the benefits of production that results in hazardous waste are dispersed throughout society. Studies demonstrate that poor whites are overburdened as well. While inequitable distribution of wastesites along class lines is troubling and deserving of attention, this Note focuses specifically on the burdens facing racial minorities.

This Note contends that all races should share equitably the burdens and risks of hazardous waste facilities. Part I documents the disproportionate burden of ...


An Interpretive History Of Modern Equal Protection, Michael Klarman Nov 1991

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, for ...


Double Reverse Discrimination In Housing: Contextualizing The Starrett City Case, Thomas W. Simon Oct 1991

Double Reverse Discrimination In Housing: Contextualizing The Starrett City Case, Thomas W. Simon

Buffalo Law Review

No abstract provided.


Abusive Prosecutors: Gender, Race & Class Discretion And The Prosecution Of Drug-Addicted Mothers, Dwight L. Greene Oct 1991

Abusive Prosecutors: Gender, Race & Class Discretion And The Prosecution Of Drug-Addicted Mothers, Dwight L. Greene

Buffalo Law Review

No abstract provided.


The Challenges Of Multiplicity, Jennifer Nedelsky May 1991

The Challenges Of Multiplicity, Jennifer Nedelsky

Michigan Law Review

A Review of Inessential Woman: Problems of Exclusion in Feminist Thought by Elizabeth V. Spelman


Recruitment And Retention Of The African American Law Student, Cheryl E. Amana Apr 1991

Recruitment And Retention Of The African American Law Student, Cheryl E. Amana

North Carolina Central Law Review

No abstract provided.


A Road Map To Achieve Enhanced Cultural Diversity In Legal Education Employment Decisions, Bruce Comly French Apr 1991

A Road Map To Achieve Enhanced Cultural Diversity In Legal Education Employment Decisions, Bruce Comly French

North Carolina Central Law Review

No abstract provided.


Social Transformation Theory, African Americans And The Rise Of Buffalo's Post-Industrial City, Henry Louis Taylor Jr. Apr 1991

Social Transformation Theory, African Americans And The Rise Of Buffalo's Post-Industrial City, Henry Louis Taylor Jr.

Buffalo Law Review

No abstract provided.


The Triumph Of Tokenism: The Voting Rights Act And The Theory Of Black Electoral Success, Lani Guinier Mar 1991

The Triumph Of Tokenism: The Voting Rights Act And The Theory Of Black Electoral Success, Lani Guinier

Michigan Law Review

In this article, my goal is to organize the divergent themes of black electoral success strategy within one conceptual framework in order to give the themes more cogency and attention. Having exposed the existence of a coherent theory, I then argue that the theory posits many of the correct goals but fails to provide a realistic mechanism for achieving them. The article proceeds in three Parts. In Part I, I develop the ideological and statutory roots of black electoral success theory. In Part II, I analyze the inadequacies of current voting rights litigation and its failure to realize the statute ...


Affirmative Action As A Majoritarian Device: Or, Do You Really Want To Be A Role Model?, Richard Delgado Mar 1991

Affirmative Action As A Majoritarian Device: Or, Do You Really Want To Be A Role Model?, Richard Delgado

Michigan Law Review

Have you ever noticed how affirmative action occupies a place in our system of law and politics far out of proportion to its effects in the real world? Liberals love talking about and sitting on committees that define, oversee, defend, and give shape to it. Conservatives are attached to the concept for different reasons: they can rail against it, declare it lacking in virtue and principle, and use it to rally the troops. Affirmative action is something they love to hate. The program also generates a great deal of paper, conversation, and jobs probably more of the latter for persons ...


Voting Rights Act Section 2: Racially Polarized Voting And The Minority Community's Representative Of Choice, Evelyn Elayne Shockley Feb 1991

Voting Rights Act Section 2: Racially Polarized Voting And The Minority Community's Representative Of Choice, Evelyn Elayne Shockley

Michigan Law Review

A much needed congressional effort to give substance to African-American suffrage resulted in the enactment of the Voting Rights Act of 1965 (the Act). Although the fifteenth amendment gave African-American men the right to vote in 1870, almost a hundred years later they were still largely unable to exercise the right. This condition did not result from apathy on the part of African-American voters, but rather from their inability to overcome barriers set up by white racists. Practices whites instituted, such as "[l]iteracy and 'understanding' tests, poll taxes, the white primary, intimidation, [and] violence," prevented African-Americans from realizing their ...


Forum: Colorizing The Law School Experience, 1991 Wisc. L. Rev. 1427 (1991), Linda R. Crane Jan 1991

Forum: Colorizing The Law School Experience, 1991 Wisc. L. Rev. 1427 (1991), Linda R. Crane

Faculty Scholarship

No abstract provided.


Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun Jan 1991

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Articles

No abstract provided.


The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen Jan 1991

The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen

Faculty Scholarship

No abstract provided.


Thurgood Marshall And The Administrative State, Jonathan Weinberg Jan 1991

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne Jan 1991

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Foreword: Racist Speech On Campus, Kingsley R. Browne Jan 1991

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs Jan 1991

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.


Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler Jan 1991

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii Jan 1991

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.


To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Articles

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and ...


Minority Law Teachers Conference, Beverly I. Moran Jan 1991

Minority Law Teachers Conference, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The 1990 Minority Law Teachers Conference was dedicated to expanding the number of minorities in law teaching. To this end, the volume addresses a wide variety of concerns for new and veteran teachers including: teaching, scholarship, service, diversity and recruitment. The volume remains one of the most comprehensive statements of minority law professors about their role in the academy.


Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman Jan 1991

Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman

The John Marshall Law Review

No abstract provided.


Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels Jan 1991

Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels

The John Marshall Law Review

No abstract provided.


Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts Jan 1991

Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Black Surrogate Mother, Anita L. Allen Jan 1991

The Black Surrogate Mother, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.