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Law and Race Commons

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2013

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Articles 1 - 30 of 101

Full-Text Articles in Law and Race

“A Chinaman’S Chance” In Court: Asian Pacific Americans And Racial Rules Of Evidence, Gabriel J. Chin Dec 2013

“A Chinaman’S Chance” In Court: Asian Pacific Americans And Racial Rules Of Evidence, Gabriel J. Chin

UC Irvine Law Review

No abstract provided.


The Invention Of Asian Americans, Robert S. Chang Dec 2013

The Invention Of Asian Americans, Robert S. Chang

UC Irvine Law Review

No abstract provided.


Foreword: Reigniting Community: Strengthening The Asian Pacific American Identity, Denny Chan, Jennifer Chin, James Yoon Dec 2013

Foreword: Reigniting Community: Strengthening The Asian Pacific American Identity, Denny Chan, Jennifer Chin, James Yoon

UC Irvine Law Review

No abstract provided.


“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang Dec 2013

“Of The Law, But Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction And Violence Against Asian Immigrant Women, Lee Ann S. Wang

UC Irvine Law Review

No abstract provided.


The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman Dec 2013

The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman

UC Irvine Law Review

No abstract provided.


The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones Dec 2013

The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones

UC Irvine Law Review

No abstract provided.


Citizenship, Voting, And Asian American Political Engagement, Ana Henderson Dec 2013

Citizenship, Voting, And Asian American Political Engagement, Ana Henderson

UC Irvine Law Review

No abstract provided.


Critical Ethnic Legal Histories: Unearthing The Interracial Justice Of Filipino American Agricultural Labor Organizing, Marc-Tizoc González Dec 2013

Critical Ethnic Legal Histories: Unearthing The Interracial Justice Of Filipino American Agricultural Labor Organizing, Marc-Tizoc González

UC Irvine Law Review

No abstract provided.


Half/Full, Nancy Leong Dec 2013

Half/Full, Nancy Leong

UC Irvine Law Review

No abstract provided.


Reconceptualizing Asian Pacific American Identity At The Margins, Julian Lim Dec 2013

Reconceptualizing Asian Pacific American Identity At The Margins, Julian Lim

UC Irvine Law Review

No abstract provided.


An Invisibility Cloak: The Model Minority Myth And Unauthorized Asian Immigrants, Denny Chan Dec 2013

An Invisibility Cloak: The Model Minority Myth And Unauthorized Asian Immigrants, Denny Chan

UC Irvine Law Review

No abstract provided.


Policing “Radicalization”, Amna Akbar Dec 2013

Policing “Radicalization”, Amna Akbar

UC Irvine Law Review

No abstract provided.


Legal Solutions For Apa Transracial Adoptees, Kim H. Pearson Dec 2013

Legal Solutions For Apa Transracial Adoptees, Kim H. Pearson

UC Irvine Law Review

No abstract provided.


The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang Dec 2013

The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang

Research Collection School Of Law

This paper explores the use of the fiduciary doctrine whereby the state is conceived as a fiduciary vis-à-vis her native peoples and attendant equitable remedies are made available for the native customary rights over land in Sarawak. Thus far, most challenges to extinguishment of native customary rights in Sarawak have proceeded on constitutional grounds, with little success. This article draws on the jurisprudence of fiduciary law in other parts of the Commonwealth and argues that this is a viable alternative cause of action against the state.


Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres Dec 2013

Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres

Michigan Journal of Race and Law

At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and ...


Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner Dec 2013

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Michigan Journal of Race and Law

Immigration is currently a hot topic; discussion of immigration reform and the problems in our current system appear in the news virtually every day. There is widespread consensus that our current immigration system is “broken,” but there is little agreement on why and even less on what should be done to fix it. These are difficult and important questions, involving many complex interrelated factors. While I do not hope and cannot aim to answer them completely in this Article, I will argue that in doing so we must consider an often overlooked and generally understudied issue: the effects of trauma ...


The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro Dec 2013

The Court Loses Its Way With The Global Positioning System: United States V. Jones Retreats To The “Classic Trespassory Search”, George M. Dery Iii, Ryan Evaro

Michigan Journal of Race and Law

This Article analyzes United States v. Jones, in which the Supreme Court considered whether government placement of a global positioning system (GPS) device on a vehicle to follow a person’s movements constituted a Fourth Amendment “search.” The Jones Court ruled that two distinct definitions existed for a Fourth Amendment “search.” In addition to Katz v. United States’s reasonable-expectation-of-privacy standard, which the Court had used exclusively for over four decades, the Court recognized a second kind of search that it called a “classic trespassory search.” The second kind of search occurs when officials physically trespass or intrude upon a ...


An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh Dec 2013

An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh

Michigan Journal of Race and Law

In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues ...


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"


Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson Nov 2013

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"


Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program Nov 2013

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities ...


Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann Nov 2013

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6


'Dred Scott V. Sandford' Analysis, Sarah E. Roessler Nov 2013

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.


Victimology, Personality, And Hazing: A Study Of Black Greek-Letter Organizations, Gregory S. Parks, E. Shayne, Matthew W. Hughey Oct 2013

Victimology, Personality, And Hazing: A Study Of Black Greek-Letter Organizations, Gregory S. Parks, E. Shayne, Matthew W. Hughey

North Carolina Central Law Review

No abstract provided.


The Dangerous Law Of Biological Race, Khiara Bridges Oct 2013

The Dangerous Law Of Biological Race, Khiara Bridges

Faculty Scholarship

The idea of biological race -- a conception of race that postulates that racial groups are distinct, genetically homogenous units -- has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals. Almost a century ago, the Court famously appeared to recognize the socially constructed nature of race. Moreover, the jurisprudence since then appears to reaffirm this disbelief: within law, race is understood to be a social construction, having no biological truth to it at all. Yet upon closer examination ...


Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman Sep 2013

Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman

Buffalo Public Interest Law Journal

This article seeks to explain how a relative newcomer to constitutional anti-discrimination jurisprudence, secular identity, has managed to gamer a far higher degree of protection than historically suspect classes, such as race and gender. It attributes this phenom- enon to the "separate but equal" model of equality inherent in the doctrine of "separation of church and state." It notes that, despite acknowledging that government segregation is per se unequal in the Brown decision, the Supreme Court has continued to enforce religious segregation as a requirement of the Establishment Clause. In doing so, the Court has created a new type of ...


Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene Sep 2013

Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene

University of Michigan Journal of Law Reform

This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of ...


Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels Aug 2013

Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels

All Faculty Scholarship

This booklet ( a joint project of the Advancement Project and the Lawyer's Committee for Civil Rights Under Law) provides an extensive overview of restrictive voting laws, especially concerning minority voters. Daniels begins with a summary of voter obstructions and intimidation in the 2012 election, and then places that within the context of the history of voting and race in America.

Most recently, the Section 5 protections of the Voting Rights Act of 1965 were effectively removed by the Shelby County v. Holder Supreme Court decision. Daniels then explains what this means practically and legally for minority voters and how ...


Front Matter And Table Of Contents Jul 2013

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.