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Law and Race Commons

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2006

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Articles 1 - 30 of 82

Full-Text Articles in Law and Race

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson Dec 2006

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson

Faculty Scholarship

Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's ...


Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon Oct 2006

Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon

North Carolina Central Law Review

No abstract provided.


Multiracial Identity And Affirmative Action, Nancy Leong Oct 2006

Multiracial Identity And Affirmative Action, Nancy Leong

Faculty Publications

No abstract provided.


A Diversity Theory Of Charitable Tax Exemption—Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen Oct 2006

A Diversity Theory Of Charitable Tax Exemption—Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen

Law Faculty Scholarly Articles

What is the normative rationale for the federal income tax exemption for nonprofit charitable corporations? Even though the exemption dates back to 1894, Congress has failed to fully rationalize it. Though scholars and courts have attempted over the years to come up with a coherent rationale for the charitable tax exemption, their attempts are focused almost exclusively on economic efficiency. Thus, the charitable tax exemption is typically framed by noted tax scholars like Boris Bittker, Henry Hansmann, and others as an economically efficient means of providing certain goods and services to the public. Rationalizing the charitable tax exemption in economic ...


The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang Aug 2006

The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang

Michigan Law Review

This Note argues that because homeowners insurance is central to homeownership, the FHA applies to insurance underwriting policies, such as those mentioned above, that have a disparate impact on minority potential homeowners. Part I considers whether the FHA applies to homeowners insurance and concludes that homeowners insurance is covered by the Act. Part II goes on to argue that the FHA applies to homeowners insurance even where the discrimination results from disparate impact, rather than from disparate treatment. Finally, Part III analyzes the above-mentioned policies of the insurance industry under the FHA disparate impact standard.


Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton May 2006

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.


Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson May 2006

Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson

University of Richmond Law Review

No abstract provided.


Undercover Other, Angela Onwuachi-Willig May 2006

Undercover Other, Angela Onwuachi-Willig

Faculty Scholarship

This Essay argues in favor of legally recognizing same-sex marriages by exploring the similarities in passing between members of same-sex marriages/relationships and interracial marriages/relationships. Specifically, this Essay unpacks the claim that the ability of gays and lesbians to pass as heterosexual distinguishes the ban on same-sex marriages from former bans on interracial marriages. Part I of this Essay first describes policy-based critiques of a Loving-based argument for legalizing same-sex marriage, or as one scholar has coined, of playing the Loving card by analogizing the racism that motivated anti-miscegenation statues that the Supreme Court struck down in 1967 to ...


The Current Landscape Of Race: Old Targets, New Opportunities, Richard Delgado May 2006

The Current Landscape Of Race: Old Targets, New Opportunities, Richard Delgado

Michigan Law Review

It is difficult enough identifying areas within a current field of scholarship that are underdeveloped and in need of further attention. In science, one thinks of missing elements in the periodic table or planets in a solar system that our calculations tell us must be there but that our telescopes have not yet spotted. In civil-rights law, one thinks of such areas as women's sports or the problems of intersectional groups, such as women of color or gay black men. One also thinks of issues that current events are constantly thrusting forward, such as discrimination against Arabs or execution ...


Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran Mar 2006

Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran

Department of Justice Studies Faculty Scholarship and Creative Works

An increasing number of scholars and activists have begun to tackle a variety of issues relevant to environmental justice studies. This study attempts to address the role of criminologists in this domain. The authors examine 425 environmental justice articles in 204 academic journals, representing 18 programs/departments between 1970 and 2003. First, they measure the environmental justice contributions in the literature by academic department or activist affiliation. Second, they identify the major themes in the literature as they have developed and reveal the current and future directions of environmental justice studies. Such themes include the spatial distribution of hazards, social ...


This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig Mar 2006

This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig

Faculty Scholarship

On April 1, 2005, the U.C. Davis Law Review hosted in its annual symposium an extremely distinguished group of scholars, who addressed central theories of Critical Race Feminism (“CRF”) in a daylong series of inspiring, thought-provoking, cutting-edge, and captivating presentations. The panelists at the symposium — in front of a packed room of students, professors, and local residents — delved into issues as diverse as the unique role of immigrant women in community economic development, societal failure to deal with domestic violence from a multidimensional perspective, the proposal of a contractual good faith claim based on Professors Devon Carbado and Mitu ...


The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii Jan 2006

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii

Faculty Scholarship

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court ...


"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson Jan 2006

"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson

Articles

No abstract provided.


To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks Jan 2006

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Current State Of International Law, S. James Anaya Jan 2006

The Current State Of International Law, S. James Anaya

Articles

No abstract provided.


Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman Jan 2006

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman

Hastings Race and Poverty Law Journal

No abstract provided.


Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff Jan 2006

Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff

Hastings Race and Poverty Law Journal

No abstract provided.


Introduction To Economic Justice Symposium, Adam Zapala Jan 2006

Introduction To Economic Justice Symposium, Adam Zapala

Hastings Race and Poverty Law Journal

No abstract provided.


Keynote Addresses, Dolores Huerta, Peter Edelman Jan 2006

Keynote Addresses, Dolores Huerta, Peter Edelman

Hastings Race and Poverty Law Journal

No abstract provided.


Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons Jan 2006

Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons

Hastings Race and Poverty Law Journal

No abstract provided.


Wealth Inequality Panel, Andy Barlow, James Head Jan 2006

Wealth Inequality Panel, Andy Barlow, James Head

Hastings Race and Poverty Law Journal

No abstract provided.


Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser Jan 2006

Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser

Hastings Race and Poverty Law Journal

Historically, physicians of color experienced significant barriers in their continued assimilation into the health care profession. Although managed care organizations do not appear to purposefully discriminate against physicians of color, the selection criteria utilized by these networks coupled with underlying biases have resulted in a disproportionate exclusion of minority physicians. By analyzing the norms and practices of managed care organizations, the author highlights possible causes of this disparity. Additionally, after addressing the inadequacy of using current civil rights laws to redress discrimination in the medical market, the author offers several innovative local, state, and federal remedies as potential alternative avenues ...


Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio Jan 2006

Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio

Hastings Race and Poverty Law Journal

This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government-run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations ...


Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli Jan 2006

Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli

Hastings Race and Poverty Law Journal

Over the past decade, the literature on lawyering has paid increased attention to the impact of cultural differences on interactions between attorneys and clients. This essay assesses the latest generation of clinical textbooks on interviewing and counseling and how they seek to prepare student-lawyers for crosscultural work. It highlights differences in these textbooks' definitions of culture, measures of crosscultural success, descriptions of the dimensions along which cultures differ, the side(s) of the lawyer-client relationship on which they focus, and the behaviors they suggest. The essay argues these texts are at their best when they define culture both broadly and ...


The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews Jan 2006

The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews

Hastings Race and Poverty Law Journal

This article argues that the conception of sexual harassment as simply a gendered harm is inadequate because sexual harassment is not only about gender but also about race, class, sexual orientation and other realities of existence. Sexual harassment is about power and about keeping particular women out of particular economic spheres. Using the Commonwealth Caribbean as an example, this article concludes that an intersectional understanding of sexual harassment, and a more nuanced understanding of the public/private divide, will lead to better workplace harassment legislation. While much of the focus is on the Commonwealth Caribbean, a North American example suggests ...


Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra Jan 2006

Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra

Hastings Race and Poverty Law Journal

This note identifies the overwhelming influence of how the race of the victim and the defendant affects prosecutors and juries in capital punishment cases. The author focuses on the legislative and judicial shortcomings that have lead to a failure in proscribing and combating the issue of purposeful discrimination against minority defendants. The author proffers different remedies to address this problem, citing ideas mentioned in several state court cases as well as various federal legislative attempts to protect against racial discrimination in the application of capital punishment.


Raising The Red Flag: The Continued Relevance Of The Japanese Internment In The Post-Hamdi World, Aya Gruber Jan 2006

Raising The Red Flag: The Continued Relevance Of The Japanese Internment In The Post-Hamdi World, Aya Gruber

Articles

In the years since the terrorist attacks of September 11th, the Japanese interment has re-emerged as a topic of serious discourse among legal scholars, politicians, civil libertarians, and society in general. Current national security policies have created concerns that the government has stepped dangerously close to the line crossed by the Roosevelt administration during World War II. Civil libertarians invoke the internment to caution policy-makers against two of the most serious dangers of repressive national security policies: racial decision-making and incarceration without process. Bush defenders advance several arguments in response to internment comparisons. The most conservative is an ardent defense ...


Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary L. Clark Jan 2006

Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary L. Clark

Kentucky Law Journal

No abstract provided.


Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks Jan 2006

Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks

Faculty Scholarship

Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The ...


Clifford V. Commonwealth: Admission Of Racial Voice Identification Testimony, Regressive Or Progressive?, D. Christopher Robinson Jan 2006

Clifford V. Commonwealth: Admission Of Racial Voice Identification Testimony, Regressive Or Progressive?, D. Christopher Robinson

Kentucky Law Journal

No abstract provided.