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Articles 1 - 21 of 21
Full-Text Articles in Law and Race
The Highly Political Supreme Court, Riley Lane Munks
The Highly Political Supreme Court, Riley Lane Munks
Student Scholar Symposium Abstracts and Posters
This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …
Windsor, Surrogacy, And Race, Khiara Bridges
Windsor, Surrogacy, And Race, Khiara Bridges
Faculty Scholarship
Scholars and activists interested in racial justice have long been opposed to surrogacy arrangements, wherein a couple commissions a woman to become pregnant, give birth to a baby, and surrender the baby to the couple to raise as its own. Their fear has been that surrogacy arrangements will magnify racial inequalities inasmuch as wealthy white people will look to poor women of color to carry and give birth to the white babies that the couples covet. However, perhaps critical thinkers about race should reconsider their contempt for surrogacy following the Supreme Court’s recent decision in United States v. Windsor. In …
And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe
Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe
Student Publications
This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]
Through The Looking Glass, Andrea Lyon
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Paradox Of Race-Conscious Labels, Leslie Y. Garfield
The Paradox Of Race-Conscious Labels, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications
Labeling affirmative action laws with integrity is a hopelessly paradoxical pursuit. This article illustrates the consequences of such a pursuit. Section I traces the origins of the Top Ten Percent Law, which arose as a legislative protest to the Fifth Circuit's rejection of the use of race in admissions decisions. This section provides an in-depth understanding of the Top Ten Percent Law and concludes with a detailed analysis of the Fisher decision. Section II supplies an explanation of the majority's conclusion to treat the Top Ten Percent Law as race-neutral and provides detailed support for Justice Ginsburg's affirmation that the …
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
All Faculty Scholarship
This Essay deepens the discussion Professor Levinson began in his lecture for the Richard J. Childress Memorial Lecture at SLU Law, Who Counts?. Professor Levinson explored the question of who counts as a member of the US community, and who gets to decide who counts. Inevitably, given our history of exclusion on the basis of race and sex, questions about belonging and race and sex form a central part of the current debate. Labeling a person with a race and sex presupposes the questions of what makes a person a certain race or sex? This essay explores what identity …
Leveraging Antidiscrimination, Olatunde C.A. Johnson
Leveraging Antidiscrimination, Olatunde C.A. Johnson
Faculty Scholarship
As the Civil Rights Act of 1964 turns fifty, antidiscrimination law has become unfashionable. Civil rights strategies are posited as not up to the serious task of addressing contemporary problems of inequality such as improving mobility for low-wage workers or providing access into entry-level employment. This Article argues that there is a danger in casting aside the Civil Rights Act as one charts new courses to address inequality. This Article revisits the implementation strategies that emerged in the first decade of the Act to reveal that the Act was not limited to addressing formal discrimination or bias, but rather drew …
Constitutional Concern, Membership, And Race, Sarah Krakoff
Constitutional Concern, Membership, And Race, Sarah Krakoff
Publications
American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies and the over-arching history of this country’s brand of settler-colonialism. One of the several legacies of this history is that federally recognized tribes have membership rules that diverge significantly from typical state or national citizenship criteria. These rules and their history are poorly understood by judges and members of the public, leading to misunderstandings about the “racial” status of tribes and Indian people, and on occasion to incoherent and damaging decisions on a range of Indian law issues. This article, which …
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Articles
No abstract provided.
Challenging Presumed (Im)Morality: A Personal Narrative, Angela Mae Kupenda
Challenging Presumed (Im)Morality: A Personal Narrative, Angela Mae Kupenda
Journal Articles
This narrative essay is about presumptions of (im)morality in academic settings. Such biased presumptions affect our abilities, even as educators, to work together and foster a society built on principles of justice that could help us work, live, and play better together. Learning to understand, work with, live near, and care about others are goals to which many of us would say we aspire. As law professors, we consider collegiality to be one of the factors we use in evaluating candidates for hiring and promotion decisions. However, these evaluations may rest not on the worthiness or respected humanity of others, …
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Journal Articles
Through lessons learned from LatCrit 2013, this essay is hoping to evoke the missing sentiment of understanding and equality by signifying that the south that will rise again will be a south that is transformed, as Dr. Martin Luther King said “into an oasis of freedom and justice,” by moving out of its fears of understanding and moving to a far greater level of cross-cultural understanding.
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium--The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien K. Wing
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium--The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien K. Wing
Journal Articles
Presumed Incompetent was produced thanks to the vision and commitment of its editors: Dr. Gabriella Gutiérrez y Muhs, Dr. Yolanda Flores Niemann, Carmen G. González, and Angela P. Harris. This symposium came to fruition because the Berkeley Journal of Gender, Law & Justice invited the two law professor editors, Professor Harris and Professor González, to convene a distinguished group of scholars from Canada and the United States to expand and deepen the conversation initiated by the book. The very successful day-long symposium and the publication of the resulting articles were made possible by the resources, time, and dedication provided by …
A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford, Anthony C. Infanti
A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford, Anthony C. Infanti
Articles
The law of wills, trusts, and estates could benefit from consideration of its development and impact on people of color; women of all colors; lesbian, gay, bisexual, and transgendered individuals; low-income and poor individuals; the disabled; and nontraditional families. One can measure the law’s commitment to justice and equality by understanding the impact on these historically disempowered groups of the laws of intestacy, spousal rights, child protection, will formalities, will contests, and will construction; the creation, operation and construction of trusts; fiduciary administration; creditors’ rights; asset protection; nonprobate transfers; planning for incapacity and death; and wealth transfer taxation. This essay …
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This Article proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and who vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that …
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen
Publications
On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …
Classcrits Mission Statement, Justin Desautels-Stein, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy
Classcrits Mission Statement, Justin Desautels-Stein, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy
Publications
No abstract provided.
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
All Faculty Scholarship
Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …
The Thirteenth Amendment And Constitutional Change, William M. Carter Jr.
The Thirteenth Amendment And Constitutional Change, William M. Carter Jr.
Articles
This article builds upon remarks the author originally delivered at the Nineteenth Annual Derrick Bell Lecture on Race in American Society at NYU Law in November of 2014. The Article describes the history and purpose of the Thirteenth Amendment’s proscription of the badges and incidents of slavery and argues that an understanding of the Amendment's context and its Framers' intent can provide the basis for a more progressive vision for advancing civil rights. The Article discusses how the Thirteenth Amendment could prove to be more effective in addressing persisting forms of inequality that have escaped the reach of the Equal …
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
Articles
In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a …