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2000

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Full-Text Articles in Law and Race

Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell Dec 2000

Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell

University of Michigan Journal of Law Reform

The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define "Indian." This confusion raises many concerns about the role that government plays in defining "Indian." This Note surveys the most common definitions of "Indian" found in federal statutes, BIA regulations, and state laws. The author argues that the racial basis of many of these laws and regulations are unconstitutional and tread on the sovereignty of Indian tribes. She evaluates efforts of the federal government to avoid these ...


Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Ibpp Editor Oct 2000

Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Ibpp Editor

International Bulletin of Political Psychology

This article discusses issues surrounding the actions of Mr. Wen Ho Lee in the context of espionage, treason, and national security as well as racial profiling and the problems with conducting counterintelligence.


A&M Florida A&M University Magazine For Employees, Alumni And Friends: The Return Of The Famu College Of Law, Florida Agricultural And Mechanical University Oct 2000

A&M Florida A&M University Magazine For Employees, Alumni And Friends: The Return Of The Famu College Of Law, Florida Agricultural And Mechanical University

Annual Reports and Publications

This issue celebrates the return of the FAMU College of Law. This posting includes former FAMU President Frederick S. Humphries' "President's Message" entitled Celebrating the Return of the College of Law and the Cover Story from the issue, The Rebirth of the FAMU College of Law 1949-1968 2000-Present. It contains a compilation of excerpts from Chapter Five in the The Florida Agricultural and Meghanical University College of Law (1949-2000) written by Larry O. Rivers.


The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman Oct 2000

The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman

Michigan Law Review

The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding ...


The Need For Racial Profiling: Negative Fallout Of The Wen Ho Lee Case, Ibpp Editor Sep 2000

The Need For Racial Profiling: Negative Fallout Of The Wen Ho Lee Case, Ibpp Editor

International Bulletin of Political Psychology

This article describes a counterproductive theme within public discourse on racial profiling, as the Wen Ho Lee case has been resolved.


Program: Ax Handle Saturday 40th Anniversary, August 26, 2000 Aug 2000

Program: Ax Handle Saturday 40th Anniversary, August 26, 2000

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A program for the 40th anniversary of "Ax Handle" Saturday. August 26, 2000 at Hemming Plaza, Historic Snyder Memorial.


Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor Jun 2000

Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor

International Bulletin of Political Psychology

This article critiques a common criterion employed to identify examples of racial profiling in law enforcement.


Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud May 2000

Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud

Michigan Law Review

What if America were to make good on its promise of equal opportunity by [XXX]? That's the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott's new book, with one change: we have substituted "[XXX]" for the authors' catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America "to make good on its promise of equal opportunity"? As you ponder that question, you might consider the following feature of ...


Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji May 2000

Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji

Michigan Law Review

Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire ...


Racial Profiling In The Persian Gulf: Ethical, Moral, And Legal Implications, Ibpp Editor Apr 2000

Racial Profiling In The Persian Gulf: Ethical, Moral, And Legal Implications, Ibpp Editor

International Bulletin of Political Psychology

This article describes attributions about race and ethnicity that color the discourse on the ethics, morality, and legality of profiling.


Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes Apr 2000

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

University of Michigan Journal of Law Reform

The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both ...


Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush Apr 2000

Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush

University of Michigan Journal of Law Reform

This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm ...


The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts Apr 2000

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

University of Michigan Journal of Law Reform

In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya's proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in ...


Silence And Silencing: Their Centripetal And Centrifugal Forces In Legal Communication, Pedagogy And Discourse, Margaret E. Montoya Apr 2000

Silence And Silencing: Their Centripetal And Centrifugal Forces In Legal Communication, Pedagogy And Discourse, Margaret E. Montoya

University of Michigan Journal of Law Reform

Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication that, like accents, is related to one's culture and may correlate with one's racial identity. The second part of the Article posits that silence can be a force that disrupts the dominant discourse ...


Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender Apr 2000

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

University of Michigan Journal of Law Reform

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to ...


Journalism And Unconscious Racism: A Perspective From South Africa, Ibpp Editor Mar 2000

Journalism And Unconscious Racism: A Perspective From South Africa, Ibpp Editor

International Bulletin of Political Psychology

This article describes psychological problems in accurately identifying racism in public policy discourse.


Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Carey Law School Feb 2000

Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Alan M. Lerner (L '65) was a practice professor at the University of Pennsylvania Law School from 1993 until his death in 2010. He practiced and taught mainly in the areas of civil rights and family law.


Eugenic Laws Against Race Mixing, Paul A. Lombardo Feb 2000

Eugenic Laws Against Race Mixing, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling Ii, Ibpp Editor Jan 2000

Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling Ii, Ibpp Editor

International Bulletin of Political Psychology

This article provides a further elaboration of last week's IBPP article on the Arab American Institute (AAI)'s opposition to the Department of Transportation's (DOT) initiative to evaluate the discriminatory impact of the Computer-Assisted Passenger Prescreening Program (CAPPS). It is based on an IBPP interview with the AAI President, James Zogby.


Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling, Ibpp Editor Jan 2000

Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes a public rationale for opposing Federal Aviation Administration (FAA) efforts to evaluate the discriminatory impact of the FAA's own Computer-Assisted Passenger Prescreening System.


How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor Jan 2000

How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article explores peculiarities of logic and reason among supporters and opponents of racial profiling as a tool of developing and implementing public policy.


The Big Bang: Brown Vs Board Of Education, And Beyond: The Autobiography Of Oliver W. Hill, Sr., Jonathan K. Stubbs Jan 2000

The Big Bang: Brown Vs Board Of Education, And Beyond: The Autobiography Of Oliver W. Hill, Sr., Jonathan K. Stubbs

Law Faculty Publications

Autobiography of Oliver Hill discussing his life, work, and the civil rights struggle in the twentieth century.


Reflections From The Chair-The Road Taken: Honoring The Decade Of Scholarship By Law Professors Of Color In U.S. Law Schools And The People Of Color Movement (1989-1999), 20 B. C. Third World L. J. 13 (2000), Linda R. Crane Jan 2000

Reflections From The Chair-The Road Taken: Honoring The Decade Of Scholarship By Law Professors Of Color In U.S. Law Schools And The People Of Color Movement (1989-1999), 20 B. C. Third World L. J. 13 (2000), Linda R. Crane

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Colorism: A Darker Shade Of Pale, Taunya Lovell Banks Jan 2000

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks

Faculty Scholarship

In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black ...


The Wall Is Down, Now We Build More: The Exclusionary Effects Of Gated Communities Demand Stricter Burdens Under The Fha, 34 J. Marshall L. Rev. 379 (2000), Angel M. Traub Jan 2000

The Wall Is Down, Now We Build More: The Exclusionary Effects Of Gated Communities Demand Stricter Burdens Under The Fha, 34 J. Marshall L. Rev. 379 (2000), Angel M. Traub

The John Marshall Law Review

No abstract provided.


In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros Jan 2000

In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros

The John Marshall Law Review

No abstract provided.


Women In Law, Susan Carle Jan 2000

Women In Law, Susan Carle

Book Reviews

No abstract provided.


The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr Jan 2000

The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr

Journal Publications

"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial ...


Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing Jan 2000

Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing

Michigan Journal of Race and Law

This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to ...


The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf Jan 2000

The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf

Michigan Journal of Race and Law

This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.