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Law and Race Commons

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2009

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Articles 1 - 30 of 79

Full-Text Articles in Law and Race

Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges, John P. Bringewatt Dec 2009

Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges, John P. Bringewatt

Michigan Law Review

In March 2008, the Supreme Court decided Snyder v. Louisiana, the latest in the line of progeny of Batson v. Kentucky. This Note demonstrates that Snyder is part of a historical pattern of Supreme Court decisions concerning the use of peremptory challenges in which the Court has moved away from permitting the unfettered use of the peremptory challenge in favor of stronger Equal Protection considerations. Snyder alters the requirements for trial judges in deciding Batson challenges by requiring them to provide some explanation of their reasons for accepting a prosecutor's justification of a peremptory challenge. Snyder is the latest ...


Rethinking Minority Business Development Strategies, Robert E. Suggs Dec 2009

Rethinking Minority Business Development Strategies, Robert E. Suggs

Robert E. Suggs

Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating ...


Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz Dec 2009

Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz

Chicago-Kent Law Review

In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to ...


Another Interdisciplinary Collaboration—This Time With A Professor Of German!, Antoinette M. Sedillo Lopez Nov 2009

Another Interdisciplinary Collaboration—This Time With A Professor Of German!, Antoinette M. Sedillo Lopez

Faculty Scholarship

The University of New Mexico International Studies Institute has a relationship with the German government in which the Institute runs a summer program at a castle near Dusseldorf known as Schloss-Dyck. In summer 2010, I am going to have the privilege of teaching in the program with a Jason Wilby, a UNM visiting Professor of German. We put a joint proposal together. He will teach about the culture, political environment and constitutional framework right after the Weimar Republic was created as a result of WWI. I will teach about the Nuremberg trials, with a particular focus on the trial of ...


Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior Oct 2009

Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior

Department of Political Science and Law Faculty Scholarship and Creative Works

Partisan theories of political economy expect that bondholders will panic with the election of a left-wing presidential candidate. The latter seems to be what happened in Brazil in the 2002 presidential elections. However, quantitative analysis of perceptions of sovereign credit risk in Argentine, Brazilian, Mexican, and Venezuelan presidential elections from 1994 until 2007 shows no real evidence of a link between partisanship and perceptions of risk, even if the left-right divide is further broken down into left, center-left, center-right, right. Instead, international and domestic economic fundamentals have a stronger influence on risk evaluations. Qualitative analysis of the individual presidential elections ...


The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James Oct 2009

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James

Faculty Scholarship

This Symposium Essay examines the campaign that led up to the last presidential election to illuminate the complex interplay between race and class within our society. Specifically, it explores how race and class functioned together to disadvantage President Obama in the race to the White House (even as he ultimately won the election). Section II focuses on how Obama’s income, job status, and prestigious education functioned as markers of elitism during the campaign, even as compared to opponents with more elite and wealthier backgrounds, and how these factors were used as tools by his opponents to convince lower-class white ...


Reflections On Recommendation 12, Naiomi Metallic Oct 2009

Reflections On Recommendation 12, Naiomi Metallic

Articles, Book Chapters, & Blogs

Regarding the Marshall Commission Report’s recommendation for increased representation of racialized persons within the judiciary.


Celebrating Critical Race Theory At 20, Angela Onwuachi-Willig Jul 2009

Celebrating Critical Race Theory At 20, Angela Onwuachi-Willig

Faculty Scholarship

The year 2009 marks the twentieth anniversary of the first Critical Race Theory (CRT) workshop. On July 8, 1989, more than twenty scholars "who were interested in defining and elaborating on the lived reality of race, and who were open to the aspiration of developing theory" gathered together at a workshop in Madison, Wisconsin. 1 The 1989 workshop, which was spearheaded by Kimberle Crenshaw and organized by her, Neil Gotanda, and Stephanie Phillips, also included as its participants Anita Allen, Taunya Banks, Derrick Bell, Kevin Brown, Paulette Caldwell, John Calmore, Harlon Dalton, Richard Delgado, Linda Greene, Trina Grillo, Isabelle Gunning ...


A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos Jul 2009

A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos

Faculty Scholarship

Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use outcome-based' assessments, i.e., using learning objectives and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students' performances to each other.


Certificate: Appreciation To Rodney Hurst From Durkeeville Historical Society Jun 2009

Certificate: Appreciation To Rodney Hurst From Durkeeville Historical Society

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Certificate of appreciation to Rodney Hurst for his valuable contributions to Durkeeville Historical Society Inc. June 27, 2009.


Commencement Address, Cuny School Of Law, Margaret E. Montoya May 2009

Commencement Address, Cuny School Of Law, Margaret E. Montoya

Faculty Scholarship

Who we are, how we see ourselves, how we want to be seen, what we value, how our memories connect us to specific histories in specific places — we communicate this information best through narratives. In Spanish we sometimes call such stories cuentos — an accounting. I encourage all of you to take time over the next few days to celebrate your graduation, this singular accomplishment of your lives, by accounting — by telling stories to those who have helped you, held you up, fed you, wiped your tears, paid your bills. Share your recollections.


Racist, Robert E. Steinbuch May 2009

Racist, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


Program: Jacksonville Historic Preservation Commission Preservation Awards May 2009

Program: Jacksonville Historic Preservation Commission Preservation Awards

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Jacksonville Historical Preservation Commission awards held on May 1, 2009


Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr. Apr 2009

Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Because of decriminalized prostitution, the number of places where there is indoor prostitution is rapidly increasing. The following is a partial list that demonstrates the escalating problem in Rhode Island, particularly since the Korean spa-brothels are known to be connected to Asian organized crime.


The First Integration Of The University Of Maryland School Of Law, David S. Bogen Apr 2009

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

David S. Bogen

No abstract provided.


Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud Apr 2009

Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud

North Carolina Central Law Review

No abstract provided.


Priam's Lament: The Intersection Of Law And Morality In The Right To Burial And Its Need For Recognition In Post-Katrina New Orleans, Sarah Tomkins Mar 2009

Priam's Lament: The Intersection Of Law And Morality In The Right To Burial And Its Need For Recognition In Post-Katrina New Orleans, Sarah Tomkins

University of the District of Columbia Law Review

Priam's lament might resound with those of us who saw certain images after Hurricane Katrina struck New Orleans three short years ago: bodies of beloved mothers, fathers, sisters, and brothers dangling from house rafters and left to rot on street corners and in basements for months. The remaining unidentified victims were interred last summer at a new memorial, after spending the three years since Hurricane Katrina in a storage facility.3 How could this happen? In America, we might not expect the intercession of gods, but we do expect our government to set reasonable limits on human suffering. Were ...


Certificate Of Appreciation Presented To Rodney Hurst For Participation In The Enaable And Blue Cross Blue Shield Of Florida 2009 Black History Month Celebration Feb 2009

Certificate Of Appreciation Presented To Rodney Hurst For Participation In The Enaable And Blue Cross Blue Shield Of Florida 2009 Black History Month Celebration

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate presented to Rodney Hurst in appreciation for participation in the ENAABLE and Blue Cross Blue Shield of Florida 2009 Black History Month celebration. February 17, 2009


Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan Feb 2009

Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan

Michigan Law Review

Under section 2 of the Voting Rights Act, illegal vote dilution exists when an electoral standard, practice, or procedure results in a denial or abridgement of the right to vote on account of race or color Plaintiffs demonstrate vote dilution by introducing evidence regarding a variety of objective factors, including whether voting in the jurisdiction in question is polarized along racial lines. In 1993, the Fifth Circuit adopted a new standard for section 2 plaintiffs trying to prove racially polarized voting. The Fifth Circuit held that demonstrating a mere correlation between race and vote was insufficient to establish racially polarized ...


Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk Jan 2009

Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki Jan 2009

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

Hastings Race and Poverty Law Journal

This article explores the important role that lawyers are afforded in evaluating the mental health concerns of clients. The article advocates that, where a lawyer has concerns about the mental, cognitive, or emotional health of a client, the lawyer should counsel the client to consider seeking appropriate mental health treatment. While acknowledging that counseling a client to seek mental health treatment is not an intuitive aspect of providing legal services, the article argues that humanitarian concerns, as well as the Model Rules of Professional Responsibility allow, and in some situations perhaps require, a lawyer to consider providing such a referral ...


Transitions To Justice: Prisoner Reentry As An Opportunity To Confront The Counteract Racism, Adrienne Lyles-Chockley Jan 2009

Transitions To Justice: Prisoner Reentry As An Opportunity To Confront The Counteract Racism, Adrienne Lyles-Chockley

Hastings Race and Poverty Law Journal

This article discusses the issues facing formerly incarcerated individuals upon reentry from prison into their communities, focusing primarily on the unique challenges faced by African-American males. The article first highlights the strong correlation between incarceration and race: People of color make up a disproportionate percentage of the U.S. prison population, are more likely to receive harsh prison sentences, and are less likely to be found eligible for parole. The article focuses specifically on the challenges facing African-American males as they exit prison and attempt to reenter a society where they will face institutional racism in multiple forms and on ...


Mean Streets: Violence Against The Homeless And The Makings Of A Hate Crime, Raegan Joern Jan 2009

Mean Streets: Violence Against The Homeless And The Makings Of A Hate Crime, Raegan Joern

Hastings Race and Poverty Law Journal

In 1999 the National Coalition for the Homeless began to document incidents of hate crime and violence against homeless people in an annual report. The statistics and stories in these reports demonstrate a disturbing rise in violent attacks and murders of homeless people across the country. This note argues that these attacks, whereby the perpetrator targets the victim because he or she is homeless, meet the legal definition for a bias motivated or hate crime. Bias motivated crimes against the homeless are bred in a social context that devalues homeless people's lives and pinpoints them as appropriate targets for ...


San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt Jan 2009

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

Hastings Race and Poverty Law Journal

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language ...


Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore Jan 2009

Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore

Hastings Race and Poverty Law Journal

This article examines the holding in the archetypal case onstanding, Warth v. Seldin, through the lens of racial and economic discrimination. In Warth, five sets of plaintiffs brought a claim challenging the city of Penfield's zoning ordinances that prevented the construction of low and moderate-income housing in the area. The plaintiffs included low income, African- American and Puerto Rican residents of a nearby city who sought low income housing options in Penfield, taxpayers in the neighboring city, and a non-profit organization dedicated to combating discrimination in housing. The U.S. Supreme Court held that none of the plaintiffs had ...


Race, Gender, And Genetic Technologies: A New Reproductive Dystopia?, Dorothy E. Roberts Jan 2009

Race, Gender, And Genetic Technologies: A New Reproductive Dystopia?, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Red: Racism And The American Indian, Bethany Berger Jan 2009

Red: Racism And The American Indian, Bethany Berger

Faculty Articles and Papers

How does racism work in American Indian law and policy? Scholarship on the subject has too often assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of White-Black racism, such as uses of blood quantum, as evidence of racism, or has emphasized the lack of such hallmarks, such as prohibitions on interracial marriage, to argue that racism is not a significant factor. This Article surveys the different eras of Indian-White interaction to argue that racism has been important in those interactions, but has worked ...


Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King Jan 2009

Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King

Michigan Journal of International Law

In Part I, this Article provides a brief history of ICA. In Part II, using a post-colonialist theoretical framework, the work of legal scholars from the past twenty years on the subject of ICA is explored. This analysis exposes the centrality of MonoHumanism to our discourse on ICA. In Part III, this Article illustrates how our discourse regarding intercountry adoption contributes to our violating the rights of children (and families) as they are defined in the CRC. Lastly, in Part IV, this Article explores how this argument fits into the current and somewhat polarized debate on ICA and how the ...


Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott Jan 2009

Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

Book Chapters

Sidney Mintz’s Worker in the Cane is a model life history, uncovering the subtlest of dynamics within plantation society by tracing the experiences of a single individual and his family. By contrast, Mintz’s Sweetness and Power gains its force from taking the entire Atlantic world as its scope, examining the marketing, meanings, and consumption of sugar as they changed over time. This essay borrows from each of these two strategies, looking at the history of a single peripatetic family across three long-lived generations, from enslavement in West Africa in the eighteenth century through emancipation during the Haitian Revolution ...


Critical Race Feminist Bioethics: Telling Stories In Law School And Medical School In Pursuit Of "Cultural Competency", Deleso Alford Washington Jan 2009

Critical Race Feminist Bioethics: Telling Stories In Law School And Medical School In Pursuit Of "Cultural Competency", Deleso Alford Washington

Journal Publications

This article examines how slavery and the concept of race intersect with gender to construct a distinct notion of science and technology that has been historically marginalized at best. The particular aspect of "science" that is explored is the development of the medical specialty of gynecology in the United States. The focal point of this article is to explore a means to address the impact of continuing to tell the narrative on the development of the medical specialty of gynecology in the United States without the benefit of a "herstorical" lens.