Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (5)
- Civil Rights and Discrimination (4)
- Inequality and Stratification (4)
- Race and Ethnicity (4)
- Sociology (4)
-
- Constitutional Law (3)
- Legal History (3)
- Public Affairs, Public Policy and Public Administration (3)
- Public Law and Legal Theory (3)
- Education Law (2)
- Gender and Sexuality (2)
- Law and Gender (2)
- Policy History, Theory, and Methods (2)
- Public Policy (2)
- Social Control, Law, Crime, and Deviance (2)
- Social Policy (2)
- African American Studies (1)
- American Politics (1)
- Anthropology (1)
- Arts and Humanities (1)
- Courts (1)
- Criminal Procedure (1)
- Criminology (1)
- Criminology and Criminal Justice (1)
- Education Policy (1)
- Educational Sociology (1)
- Family Law (1)
- Keyword
-
- African-Americans (2)
- Brown v. Board of Education (2)
- Equal protection (2)
- SCOTUS (2)
- Supreme Court of the United States (2)
-
- Achievement gap (1)
- Bastardy (1)
- Black Lives Matter (1)
- Civil Rights Act of 1964 (1)
- Clemency criteria (1)
- College admissions (1)
- Commutation (1)
- Commutations (1)
- Constitutional law (1)
- Criminal justice reform (1)
- Critical legal studies (1)
- Discrimination (1)
- Education (1)
- Education law (1)
- Executive clemency (1)
- Family law (1)
- Feminism (1)
- Ferguson (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Homicide (1)
- Illegitimacy penalties (1)
- Illegitimate children (1)
- Jane Crow (1)
- Judicial politics and ideology (1)
Articles 1 - 7 of 7
Full-Text Articles in Law and Race
How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson
How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.
Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson
Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson
All Faculty Scholarship
While agreeing that sentences for nonviolent drug offenses are too long, this Wall Street Journal op-ed piece argues that the large-scale clemency program planned by President Obama is misguided. It sets a dangerous precedent for using the clemency power beyond its traditional and intended purpose of providing a last-resort check on fairness and justice errors in individual cases, and instead uses the power to set sentencing policy. While many people will like the results of the current program, they will be less than happy when some future president uses it as precedent to promote a sentencing policy of which they …
From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson
From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson
All Faculty Scholarship
The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace. Recent events in Ferguson, Missouri, have highlighted the tension between the officers on the beat and citizens on the street. These tensions are not likely to subside unless there are major structural changes in the way the police do their job and …
Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri
Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri
All Faculty Scholarship
Title VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing “intersectionality” to critical legal scholarship. By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality critique had come of age, generating a sophisticated subfield and producing many articles that remain classics in the field of anti-discrimination law and beyond. Employment discrimination law was not the only target of intersectionality critics, but Title VII’s failure to capture and ameliorate the particular experiences of women of color loomed large in this early legal literature. Courts proved especially reluctant to recognize multi-dimensional discrimination against …
The Ironies Of Affirmative Action, Kermit Roosevelt Iii
The Ironies Of Affirmative Action, Kermit Roosevelt Iii
All Faculty Scholarship
The Supreme Court’s most recent confrontation with race-based affirmative action, Fisher v. University of Texas, did not live up to people’s expectations—or their fears. The Court did not explicitly change the current approach in any substantial way. It did, however, signal that it wants race-based affirmative action to be subject to real strict scrutiny, not the watered-down version featured in Grutter v. Bollinger. That is a significant signal, because under real strict scrutiny, almost all race-based affirmative action programs are likely unconstitutional. This is especially true given the conceptual framework the Court has created for such programs—the way …
Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri
Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri
All Faculty Scholarship
Despite a transformative half century of social change, marital status still matters. The marriage equality movement has drawn attention to the many benefits conferred in law by marriage at a time when the “marriage gap” between affluent and poor Americans widens and rates of nonmarital childbearing soar. This Essay explores the contested history of marital supremacy—the legal privileging of marriage—through the lens of the “illegitimacy” cases of the 1960s and 1970s. Often remembered as a triumph for nonmarital families, these decisions defined the constitutional harm of illegitimacy classifications as the unjust punishment of innocent children for the “sins” of their …
"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson
"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson
All Faculty Scholarship
This article is an attempt to start a conversation about where we find ourselves in the plight to help our most challenged public schools. It is not intended to be a comprehensive solution to the problem, but rather a hard look at how, after decades of many efforts, we are further away from the equal education contemplated by the United States Supreme Court's historic decision in Brown v. Board of Education. This article does not desire to simply cast blame for the failures of our children, but to send a reminder that, as Frederick Douglass would say, we can hardly …