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Law and Race Commons

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1997

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Articles 1 - 30 of 59

Full-Text Articles in Law and Race

Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig Oct 1997

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.


Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol Oct 1997

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 ...


Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol Oct 1997

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 ...


The Future Of Racial Redistricting In Voting: Clark V. Calhoun County, Mississippi., Paul H. Dickerson Sep 1997

The Future Of Racial Redistricting In Voting: Clark V. Calhoun County, Mississippi., Paul H. Dickerson

In the Public Interest

No abstract provided.


Scenes From The Southside: A Desegregation Drama In Five Acts, Jennifer E. Spreng Apr 1997

Scenes From The Southside: A Desegregation Drama In Five Acts, Jennifer E. Spreng

University of Arkansas at Little Rock Law Review

No abstract provided.


The Black Public Sphere And Mainstream Majoritarian Politics, Regina Austin Mar 1997

The Black Public Sphere And Mainstream Majoritarian Politics, Regina Austin

Vanderbilt Law Review

As a person who pays only passing attention to formal black electoral politics, let alone the Voting Rights Act and the Supreme Court's attempts to decimate it, it is a privilege and a daunting challenge to respond to Professor Karlan's Article, Loss and Redemption: Voting Rights at the Turn of a Century. At the outset, I felt inadequate to the task. My research has largely focused on informal black socioeconomic development and discourse, most of which occurs far from the spotlight of the political mainstream., The only formal politics with which I am concerned occurs primarily at the ...


Loss And Redemption: Voting Rights At The Turn Of A Century, Pamela S. Karlan Mar 1997

Loss And Redemption: Voting Rights At The Turn Of A Century, Pamela S. Karlan

Vanderbilt Law Review

The year the Voting Rights Act was passed, Langston Hughes published Long View: Negro. "Sighted through the [t]elescope of dreams," Hughes wrote, Emancipation loomed very large:

"But turn the telescope around, Look through the larger end- And wonder why What was so large Becomes so small Again."

We don't really need to wonder why the political side of the First Reconstruction failed; there were so many reasons. One was the exhaustion of the national commitment to ensuring black equality and its replacement by a cynical bipartisan compromise in which black aspirations played no role. Another was the "progressive ...


The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher Mar 1997

The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher

Michigan Law Review

Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system ...


The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman Mar 1997

The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman

Michigan Law Review

For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race ...


Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr. Feb 1997

Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.

Michigan Law Review

I can only explain what Vampires Anonymous has done for me by telling my story. I know, stories, particularly autobiographical stories, are currently being dissed by some law professors. Raised in an overly obsessive, objectively neutralized cultural style, they are plain and simple Storyhaters. Their middle to upper class parents had money, a home in the burbs, and nice kids who were going to go on from their fancy grade schools and college preparatory gigs to Harvard/Stanford/Yale - all those types of pricey places where law professors usually come from. These kids were raised to be objective, neutral, neutered ...


Unshackling Black Motherhood, Dorothy E. Roberts Feb 1997

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant ...


Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell Feb 1997

Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell

Michigan Law Review

For attorneys of color, the concept of "representing race" within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country.


Straightjacketing Professionalism: A Comment On Russell, David B. Wilkins Feb 1997

Straightjacketing Professionalism: A Comment On Russell, David B. Wilkins

Michigan Law Review

Professor Russell's essay sounds a much needed cautionary note about the public's characterization of Christopher Darden and Johnnie Cochran both during and after the spectacle of O.J. Simpson's criminal trial. Russell cogently argues that Darden and Cochran's choices, as well as those of other black lawyers confronting similar problems, must be evaluated against the backdrop of racism that devalues and constrains the lives of African Americans in general and African-American lawyers in particular. Black lawyers, Russell insists, not only face "glass ceilings" inhibiting their advancement, but must also live inside "glass bubble[s] ... that severely ...


Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn Feb 1997

Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn

Michigan Law Review

Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people ...


The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr. Feb 1997

The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question ...


Foreword: "Racialism" And Reason, Frank I. Michelman Feb 1997

Foreword: "Racialism" And Reason, Frank I. Michelman

Michigan Law Review

Clueless, I am not; but still I can wonder why I, of all people, was recruited to write a foreword for this symposium - sight unseen, before its component papers had even been submitted. Neither legal representation nor the teaching of it has ever been for me a main activity or focus of scholarly reflection. Although I have written occasionally about race - in defense of busing, on the side of affirmative action - no one could mistake me for a critical race theorist. I am the original-model imperial scholar, as of last report only partially redeemed. "Liberal" is the usual name for ...


Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto Feb 1997

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to ...


Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza Feb 1997

Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza

Michigan Law Review

My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out ...


Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents, Richard Delgado Feb 1997

Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents, Richard Delgado

Michigan Law Review

Professor! You're back! Rodrigo leaped to his feet and shook my hand fervently. "I heard a rumor you might be coming. What good news! Sit down. Did the authorities give you any trouble?"


Afterword: Other Americas, Angela P. Harris Feb 1997

Afterword: Other Americas, Angela P. Harris

Michigan Law Review

In an article published by Harper's Magazine in July 1991, James Traub, a white journalist, reported that participants on "The Gary Byrd Show," a New York City-based black radio talk show, insisted on attributing nearly every event adversely affecting African Americans to racist conspiracies. Traub titled his article "A CounterReality Grows in Harlem," and he was clearly shocked and dismayed by what he saw as the widespread irrationalism, even paranoia, of Harlem's black residents. His article suggested that the emergence of this counterreality was a measure of the dangerous isolation of certain segments of African America from the ...


The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur Jan 1997

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

The John Marshall Law Review

No abstract provided.


Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler Jan 1997

Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler

The John Marshall Law Review

No abstract provided.


United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa Jan 1997

United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa

The John Marshall Law Review

No abstract provided.


Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki Jan 1997

Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki

Faculty Scholarship

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 ...


Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler Jan 1997

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

The John Marshall Law Review

No abstract provided.


The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya Jan 1997

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 ...


An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister Jan 1997

An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister

Michigan Journal of Race and Law

The Article's focus is confined to discussions of race-based affirmative action; it does not consider stigmatization arguments in the context of discrimination involving gender or disabilities, for example. Further, the Article's scope is limited to the stigmatization issue as between Whites and African Americans. Although similar issues exist with respect to other ethnic or racial groups, we view the White/African American paradigm as providing the clearest framework for analysis. Moreover, the cases of Plessy v. Ferguson and Brown v. Board of Education, joint progenitors of stigmatization as a concept having constitutional significance in interpreting the Equal Protection ...


The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts Jan 1997

The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods Jan 1997

The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods

Michigan Journal of International Law

Neutrality is one of many conceptual fictions of liberal discourse. A legal fiction is "contrived by the law" to facilitate adjudication of issues. Such fictions may serve as symbols, to make abstract concepts tangible or, they may be myths designed to promote some normative principle or goal. The problem arises when these fictions cease to be recognized as inventions, or as "presumptions about reality," and are believed to have an independent existence in reality. Then, they "purport to provide us with an objective and impersonal criterion, but they do not." According to the philosopher Alasdair MacIntyre, a fiction is "a ...