Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (24)
- Law and Society (15)
- Criminal Law (14)
- Constitutional Law (12)
- Law and Gender (11)
-
- Legal History (10)
- Criminal Procedure (9)
- Indigenous, Indian, and Aboriginal Law (9)
- Courts (8)
- Law Enforcement and Corrections (8)
- Jurisprudence (7)
- Family Law (5)
- Immigration Law (5)
- Judges (5)
- Legal Education (5)
- Law and Politics (4)
- Legislation (4)
- Religion Law (4)
- Supreme Court of the United States (4)
- Labor and Employment Law (3)
- Law and Economics (3)
- Social and Behavioral Sciences (3)
- Sociology (3)
- Business Organizations Law (2)
- Education Law (2)
- Election Law (2)
- Fourteenth Amendment (2)
- Fourth Amendment (2)
- Institution
-
- University of Michigan Law School (19)
- University of New Mexico (18)
- UC Law SF (15)
- University of Colorado Law School (8)
- University of Miami Law School (5)
-
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- University of Pittsburgh School of Law (4)
- University of Washington School of Law (4)
- American University Washington College of Law (3)
- Columbia Law School (3)
- New York Law School (3)
- Brooklyn Law School (2)
- Florida A&M University College of Law (2)
- Georgia State University College of Law (2)
- Selected Works (2)
- Southern Methodist University (2)
- University at Buffalo School of Law (2)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- North Carolina Central University School of Law (1)
- Nova Southeastern University (1)
- St. John's University School of Law (1)
- University of California, Irvine School of Law (1)
- University of Denver (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- Race and law (14)
- Discrimination (10)
- Race (9)
- Affirmative action (4)
- African Americans (4)
-
- Civil rights (4)
- Critical race theory (4)
- History (4)
- Slavery (4)
- Grutter v. Bollinger (3)
- Immigrants (3)
- Law reform (3)
- Racial justice (3)
- Racial profiling (3)
- Racism (3)
- Segregation (3)
- Brown v. Board of Education (2)
- Class (2)
- Crimes (2)
- Deportations (2)
- Disparate impact (2)
- Efficiency (2)
- Equal protection (2)
- Fairness (2)
- Foucault (2)
- Gender (2)
- Hate crime (2)
- Implicit bias (2)
- Judicial review (2)
- Jurisprudence (2)
- Publication
-
- Faculty Scholarship (23)
- UC Law Journal of Race and Economic Justice (15)
- Articles (13)
- Michigan Journal of Race and Law (9)
- Publications (8)
-
- Tribal Law Journal (5)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Journal Articles and Book Chapters (2)
- Racial Justice Project (2)
- The Journal of Appellate Practice and Process (2)
- Washington Law Review (2)
- Amici Briefs (1)
- Articles & Chapters (1)
- Book Chapters (1)
- Book Reviews (1)
- Buffalo Journal of Gender, Law & Social Policy (1)
- Carmen G. Gonzalez (1)
- Chicago-Kent Law Review (1)
- Event Materials (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Florida A & M University Law Review (1)
- Janine Kim (1)
- Journal Publications (1)
- Law Faculty Articles and Essays (1)
- Michigan Journal of Gender & Law (1)
- Michigan Law Review (1)
- Michigan Law Review First Impressions (1)
- North Carolina Central Law Review (1)
- Paul A. Lombardo (1)
- Publication Type
Articles 1 - 30 of 112
Full-Text Articles in Law and Race
Revisiting The Work We Know So Little About: Race, Wealth, Privilege, And Social Justice, Stephanie M. Wildman, Margalynne Armstrong, Beverly Moran
Revisiting The Work We Know So Little About: Race, Wealth, Privilege, And Social Justice, Stephanie M. Wildman, Margalynne Armstrong, Beverly Moran
UC Irvine Law Review
No abstract provided.
Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff
Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff
Washington Law Review
Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians “racial or political?” If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This Article challenges the dichotomy itself. The legal categories “tribe” and “tribal member” are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …
Proclaiming Emancipation, University Of Michigan Law School, William L. Clements Library, Martha S. Jones
Proclaiming Emancipation, University Of Michigan Law School, William L. Clements Library, Martha S. Jones
Event Materials
Program for Proclaiming Emancipation, held October 15 2012 - February 18 2013. This was a combination exhibit and symposium. Martha S. Jones and Clayton Lewis were Curators.
As we approach the 150th anniversary of the Emancipation Proclamation, commemorations can be a site for complex and nuanced reflections. They can also sanitize a messy past, making it palatable for popular consumption. Proclaiming Emancipation confronts myths with history. Oftentimes competing voices proclaim that no longer does Proclamation stand as an exceptional moment from the U.S. past. Instead, we understand January 1, 1863 as being situated on a timeline that stretches from …
Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes
Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes
Faculty Scholarship
Dawinder S. Sidhu of the University of New Mexico School of Law writes in with the following comments on the fallout from the shooting at the Sikh Temple at Oak Creek, Wisconsin.
Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu
Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …
In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu
In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey
Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey
Michigan Journal of Race and Law
This Article focuses on the oft-neglected intersection of racially skewed outcomes and anti-competitive markets. Through historical, contextual, and empirical analysis, the Article describes the state of Hollywood motion-picture distribution from its anticompetitive beginnings through the industry's role in creating an anti-competitive, racially divided market at the end of the last century. The Article's evidence suggests that race-based inefficiencies have plagued the film distribution process and such inefficiencies might likely be caused by the anti-competitive structure of the market itself, and not merely by overt or intentional racial-discrimination. After explaining why traditional anti-discrimination laws are ineffective remedies for such inefficiencies, the …
Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi
Michigan Journal of Race and Law
Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …
To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley
To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley
Michigan Journal of Race and Law
The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 "criminal aliens" in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court's recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure …
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
Michigan Journal of Race and Law
Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendment had long required that police officers have probable cause in order to conduct Fourth Amendment invasions; to administer a "reasonable" search and seizure, the state needed probable cause. But in 1968, the Warren Court, despite its liberal reputation, lowered the standard police officers had to meet to conduct a certain type of search: the so-called "'stop' and 'frisk.'" A "stop and frisk" occurs when a police officer, believing a suspect is armed and crime is afoot, stops the suspect, conducts an interrogation, and pats him …
Socio-Economic Status And Legal Factors Affecting African American Fathers, Herbert Fain, Kimberly Fain
Socio-Economic Status And Legal Factors Affecting African American Fathers, Herbert Fain, Kimberly Fain
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Ut Case Was Stop On Road To Brown V. Board Of Education, Thomas D. Russell
Ut Case Was Stop On Road To Brown V. Board Of Education, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
“Before Brown: Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice” is Gary Lavergne’s treatment of Sweatt v. Painter, an important 1950 Supreme Court decision on the way to Brown. Lavergne, director of admissions research at the University of Texas, tells an interesting and important story that fills many gaps between Plessy and Brown.
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins
Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors' Implicit Racial Biases, Pamela A. Wilkins
West Virginia Law Review
How can capital defense lawyers craft narratives that neutralize jurors' unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …
Have A Job To Get A Job: Disparate Treatment And Disparate Impact Of The 'Currently Employed' Requirement, Jennifer Jolly-Ryan
Have A Job To Get A Job: Disparate Treatment And Disparate Impact Of The 'Currently Employed' Requirement, Jennifer Jolly-Ryan
Michigan Journal of Race and Law
Countless people struggle to find a job in a competitive job market despite possessing solid qualifications. Although the news media reports that job numbers are improving, the problems of unemployment particularly loom for people of color, older workers, and people with disabilities. These groups are often unemployed longer than other job seekers. These groups also suffer the disparate impact of job advertisements that require "current employment" as a prerequisite for hiring. The harsh reality is that the longer a job seeker is unemployed, the closer a job seeker becomes to becoming permanently unemployed. Job advertisements that require "current employment" exacerbate …
Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu
Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Fisher V. Univ. Of Texas (No. 11-345), U.S. Supreme Court (August 2012) (With Deborah N. Archer, Susan J. Abraham & Aderson Francois)., New York Law School Racial Justice Project.
Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Fisher V. Univ. Of Texas (No. 11-345), U.S. Supreme Court (August 2012) (With Deborah N. Archer, Susan J. Abraham & Aderson Francois)., New York Law School Racial Justice Project.
Racial Justice Project
No abstract provided.
Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu
Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith
Presentations
sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.
Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings
Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings
Faculty Scholarship
The financial market crisis of 2008 landed heaviest and hardest upon communities of color. In the minority communities that continue to bear the crushing weight of this crisis—which continues unrequited—women of color, and by extension, their families, are by far the group most devastated by the global market meltdown. In an ultimate irony, most economists, scholars, and commentators now agree that the collapse, which continues to ravage Main Street, was caused primarily by a select group of privileged white men–i.e., Wall Street executives, bankers, and the politicians purchased by Wall Street largess. The impact of Wall Street’s fascination with securitizing …
Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu
Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu
Faculty Scholarship
In this Article, I argue that the Eleventh Circuit's general legal approach to such religious freedom claims and its support for restrictive inmate grooming standards are no longer sustainable. That is, a substantial and increasing number of jurisdictions have been able to respond to their penological concerns-the same penological interests that undergird and justify the restrictive inmate grooming standards adopted by the states within the Eleventh Circuit-without abridging the rights of inmates to grow their hair in accordance with their respective faiths. Accordingly, I posit that the Eleventh Circuit's jurisprudence must not only be revisited, but replaced with a more …
Unshared Bounty: How Structural Racism Contributes To The Creation And Persistence Of Food Deserts. (With American Civil Liberties Union)., New York Law School Racial Justice Project.
Unshared Bounty: How Structural Racism Contributes To The Creation And Persistence Of Food Deserts. (With American Civil Liberties Union)., New York Law School Racial Justice Project.
Racial Justice Project
No abstract provided.
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
Michigan Law Review First Impressions
In 1975, the Brothers Malone took the entrance exam for the Boston Fire Department. At the time, the Department was under a court-ordered affirmative action plan: it divided its pool of test-takers into groups of black and white applicants and gave substantial preference to those in the former. The Brothers listed themselves as white and didn't make the cut. In 1977, the Brothers Malone again took the entrance exam for the Boston Fire department, this time listing themselves as black. The Brothers became firemen. Within a few years, someone at the Fire Department grew suspicious of the Malones. An investigation …
Rluipa: What's The Use, Jason Z. Pesick
Rluipa: What's The Use, Jason Z. Pesick
Michigan Journal of Race and Law
After Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which protects religious land use, many observers feared that the legislation would allow religious organizations to flout land-use regulations. Because RLUIPA defines "religious exercise" broadly, these observers feared the law would protect an array of nonworship uses, including commercial ventures, as long as a religious entity owned the land. More than a decade after RLUIPA's passage, this Note concludes that courts have not interpreted religious exercise as broadly as those observers feared. Courts have not, however, settled on a clear or consistent way of interpreting religious …
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Michigan Journal of Race and Law
Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Michigan Journal of Race and Law
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Journal of Appellate Practice and Process
No abstract provided.
The Abyss Of Racism, J. Thomas Sullivan
The Abyss Of Racism, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
The Black International Tradition And African American Business In Africa, Henry J. Richardson Iii
The Black International Tradition And African American Business In Africa, Henry J. Richardson Iii
North Carolina Central Law Review
No abstract provided.