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Law and Race Commons

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2007

Discipline
Institution
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Articles 61 - 85 of 85

Full-Text Articles in Law and Race

Disparity Rules, Olatunde C.A. Johnson Jan 2007

Disparity Rules, Olatunde C.A. Johnson

Faculty Scholarship

In 1992, Congress required states receiving federal juvenile justice funds to reduce racial disparities in the confinement rates of minority juveniles. This provision, now known as the disproportionate minority contact standard (DMC), is potentially more far-reaching than traditional disparate impact standards: It requires the reduction of racial disparities regardless of whether those disparities were motivated by intentional discrimination orjustified by "legitimate" agency interests. Instead, the statute encourages states to address how their practices exacerbate racial disadvantage.

This Article casts the DMC standard as a partial response to the failure of constitutional and statutory standards to discourage actions that produce racial ...


Toward A Sui Generis View Of Black Rights In Canada - Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss Jan 2007

Toward A Sui Generis View Of Black Rights In Canada - Overcoming The Difference-Denial Model Of Countering Anti-Black Racism, Lolita Buckner Inniss

Faculty Scholarship

No abstract provided.


A Domestic Right Of Return: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss Jan 2007

A Domestic Right Of Return: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss

Faculty Scholarship

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus ...


No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii Jan 2007

No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii

UIC John Marshall Law School Open Access Faculty Scholarship

This Article reflects on the infamous decision in Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857), in which the Supreme Court of the United States upheld the constitutionality of slavery. This Article considers this infamous case and the distance the nation has come since it was decided as well as its continuing legacy on the contemporary American struggle for racial equality. In Dred Scott the Court held that slavery was constitutional because it was consistent with the intent of the Framers and because black people were "a subordinate and inferior class of beings who... whether emancipated or ...


Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp Jan 2007

Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Is Chicago's Plan For Transformation Promoting Integration Or Reinforcing Segregation?, 41 J. Marshall L. Rev. 249 (2007), Joe O'Brien Jan 2007

Is Chicago's Plan For Transformation Promoting Integration Or Reinforcing Segregation?, 41 J. Marshall L. Rev. 249 (2007), Joe O'Brien

The John Marshall Law Review

No abstract provided.


Dealing With Harrassment In All Of Its Forms, Michael T. Zugelder, Paul J. Champagne, Steven D. Maurer Jan 2007

Dealing With Harrassment In All Of Its Forms, Michael T. Zugelder, Paul J. Champagne, Steven D. Maurer

Finance Faculty Publications

Workplace harassment in its many forms presents an increasingly serious challenge for employers, in terms of legal liability and its potential negative effect on employee behavior. This article reviews workplace harassment with attention to the affirmative defense that the Supreme Court has authorized and the factors the courts have considered in deciding whether the defense has been established. That analysis in turn is applied to a discussion of specific actions organizations might take to prevent harassment and create a more positive and effective organizational environment.


Truth Matters: A Call For The American Bar Association To Acknowledge Its Past And Make Reparations To African Descendants, Adjoa A. Aiyetoro Jan 2007

Truth Matters: A Call For The American Bar Association To Acknowledge Its Past And Make Reparations To African Descendants, Adjoa A. Aiyetoro

Faculty Scholarship

No abstract provided.


Disparate Impact Discrimination: The Limits Of Litigation, The Possibilities For Internal Compliance, Melissa Hart Jan 2007

Disparate Impact Discrimination: The Limits Of Litigation, The Possibilities For Internal Compliance, Melissa Hart

Articles

No abstract provided.


Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya Jan 2007

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Articles

No abstract provided.


Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner Jan 2007

Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu Jan 2007

The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu

Faculty Scholarship

This article demonstrates that the effect of the post-9/l1 climate facing Muslim-Americans pervades even ordinary aspects of contemporary life. Part II of the article discusses the legal paradigm of when discrimination has legal implications and merits government action. Part III explores al-Qaeda's sophisticated use of the Internet and summarizes the government's post-9/l1 online surveillance efforts. Part IV discusses OUPOLL's survey results.


Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny Jan 2007

Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny

Articles

The following essay is excerpted from the prospectus for Perspectives on Genocide and Genocidal Violence in the Sudan, edited by Law School Assistant Professor Laura N. Beny, Sondra Hale of UCLA, and Lako Tongun of Claremont Colleges, California. The book is under advance contract for publication by the University of Michigan Press. Its 14 chapters, written by prominent historians, anthropologists, social scientists, political leaders, and others, “tell overlapping stories about the social constructions of race, gender, culture, and religious and political loyalties, each of which underlies the longstanding conflict” in Sudan, according to Beny, whose essay in the book is ...


Congressional Power To Extend Preclearance: A Response To Professor Karlan, Ellen D. Katz Jan 2007

Congressional Power To Extend Preclearance: A Response To Professor Karlan, Ellen D. Katz

Articles

Is the core provision of the Voting Rights Act unconstitutional? Many people now think that the Act's preclearance requirement is invalid, but Professor Karlan is not among them. In part, that is because she is not convinced the problems that originally motivated Congress to impose preclearance have been fully remedied. Professor Karlan points out the many ways section 5 of the Voting Rights Act (VRA) shapes behavior in the jurisdictions subject to the statute--not just by blocking discriminatory electoral changes, but also by influencing less transparent conduct by various political actors operating in these regions. Do not be so ...


Mission Accomplished?, Ellen D. Katz Jan 2007

Mission Accomplished?, Ellen D. Katz

Articles

My study of voting rights violations nationwide suggests that voting problems are more prevalent in places “covered” by the Act than elsewhere. Professor Persily’s careful and measured defense of the renewed statute posits that this evidence is the best available to support reauthorization. The evidence matters because if, as critics charge, the regional provisions of the Voting Rights Act (VRA) are no longer needed, minority voters should confront fewer obstacles to political participation in places where additional federal safeguards protect minority interests than in places where these safeguards do not operate. In fact, minority voters confront more.


Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander Jan 2007

Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander

Hastings Race and Poverty Law Journal

Plaintiffs who have been discriminated against in retail stores on the basis of race or national origin have historically turned to the contracts clause of 42 U.S.C. § 1981, which guarantees to all people within the United States the same right "as is enjoyed by white citizens" to "make and enforce contracts." In 1991, Congress amended the statute, extending the requirement of equality beyond the "making and enforcement" of contracts to include the "performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." However, many courts have continued to ...


Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki Jan 2007

Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki

Hastings Race and Poverty Law Journal

Each year, innumerable asylum seekers are denied relief in the United States because the asylum officer or immigration judge does not believe that the applicant is telling the truth. The immigration judge makes an adverse credibility determination because the applicant's story of persecution lacks sufficient detail and is inconsistent. A victim of severe and often prolonged trauma may develop post-traumatic stress disorder (PTSD), which profoundly affects his ability to tell a consistent and detailed story of past persecution. Thus, an asylum seeker suffering from PTSD as a result of traumatic experiences, desperately in need of a safe haven, may ...


Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris Jan 2007

Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris

Hastings Race and Poverty Law Journal

Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own ...


Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf Jan 2007

Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf

Hastings Race and Poverty Law Journal

Proving race discrimination in a criminal case using statistical evidence has been a difficult endeavor since the Supreme Court's rulings in McCleskey and Armstrong. In those cases, the Court set a high threshold for using statistics to prove constitutional violations. This note argues that this threshold is not insurmountable. Studies can be crafted to overcome the strict guidelines set out in McCleskey and Armstrong. Additionally, lower courts have interpreted these cases too broadly, such that validly presented statistical studies have unfairly been brushed aside. This note also argues that the Court analyzes social scientific studies differently when those studies ...


Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar Jan 2007

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ...


A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott Jan 2007

A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott

Articles

Edwin F. Atkins and Charles Francis Adams, Jr., stand out on this stage not as major players but as a particularly intriguing Boston connection. Among the truly major players, planters like Juli?n Zulueta and the Count of Casa More owned hundreds of slaves and shaped Spanish policy. On the Cuban nationalist side, few could equal the impact of Antonio Maceo, the mulato insurgent general who insisted on full emancipation at the end of the 1868-1878 war, or the thousands of rebels who fought under the orders of rebel generals Maceo and Maximo Gomez. As the master of some ninety-five ...


Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott Jan 2007

Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

Articles

Tracing the history of a family across three generations, from enslavement in eighteenth-century West Africa through emancipation during the Haitian Revolution and subsequent resettlement in New Orleans, then France, then Belgium, can shed light on phenomena that are Atlantic in scope. A business letter written in 1899 by the cigar merchant Edouard Tinchant to General Máximo Gómez in Cuba frames an inquiry that opens out onto a family itinerary that spanned the long nineteenth century. Rosalie Vincent’s achievement of freedom in the shadow of slavery in Saint-Domingue in 1793–1803 can be seen as linked to her grandson Edouard ...


Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard Jan 2007

Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard

Articles

During the Louisiana Constitutional Convention of 1867-1868, the young Edouard Tinchant proposed measures to protect the civil rights of women. He suggested that the State adopt legal measures to allow all women, regardless of race or color, to more easily bring complaints in the event of a breach of a marriage promise. He also proposed additional measures to prevent women from being forced into “concubinage” against their will. While that constitutional Convention was open to men of color and guaranteed a number of the rights for which Tinchant and his friends were fighting, the assembly did not adopt his propositions ...


Reviving The Right To Vote, Ellen D. Katz Jan 2007

Reviving The Right To Vote, Ellen D. Katz

Articles

Losers in partisan districting battles have long challenged the resulting districting plans under seemingly unrelated legal doctrines. They have filed lawsuits alleging malapportionment, racial gerrymandering, and racial vote dilution, and they periodically prevail. Many election law scholars worry about these lawsuits, claiming that they needlessly "racialize" fundamentally political disputes, distort important legal doctrines designed for other purposes, and provide an inadequate remedy for a fundamentally distinct electoral problem. I am not convinced. This Article argues that the application of distinct doctrines to invalidate or diminish what are indisputably partisan gerrymanders is not necessarily problematic, and that the practice may well ...


Progressive Lawyering In Politically Depressing Times, Susan D. Carle Dec 2006

Progressive Lawyering In Politically Depressing Times, Susan D. Carle

Susan D. Carle

INTRODUCTION: Susan Sturm's important work offers a ray of optimism in a contemporary political climate most people of progressive inclinations find somewhat depressing. Sturm examines new models for bringing about institutional re- form without extensive management from legislatures or courts. As Sturm recognizes, resort to litigation as a strategy for increasing gender parity in employment is not a promising option these days, for several sets of reasons. First, as Sturm has explained in an earlier pathbreaking article, judicial decrees are not well suited to addressing "second generation" problems of structural reform of institutions, such as eliminating manifestations of race ...