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Articles 1 - 21 of 21
Full-Text Articles in Law and Race
Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law
Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Reparations For Slavery And Jim Crow, Its Assumptions And Implications, David B. Lyons
Reparations For Slavery And Jim Crow, Its Assumptions And Implications, David B. Lyons
Faculty Scholarship
This paper develops the case for reparations to African Americans today, based on wrongdoing that began with slavery, that was not repaired by Reconstruction, that was continued in new forms under Jim Crow, and that left a deeply-entrenched legacy of disadvantage despite civil rights reforms of the twentieth century. It reviews relevant aspects of U.S. history and policies since 1607 and lays out the moral considerations that call for a system of reparations far beyond anything yet contemplated by American society. It argues that cash payments, while needed, would not suffice, because slavery and Jim Crow were not just a …
Barriers To The Ballot Box: Implicit Bias And Voting Rights In The 21st Century, Arusha Gordon, Ezra D. Rosenberg
Barriers To The Ballot Box: Implicit Bias And Voting Rights In The 21st Century, Arusha Gordon, Ezra D. Rosenberg
Michigan Journal of Race and Law
While much has been written regarding unconscious or “implicit bias” in other areas of law, there is a scarcity of scholarship examining how implicit bias impacts voting rights and how advocates can move courts to recognize evidence of implicit bias within the context of a voting rights claim. This Article aims to address that scarcity. After reviewing research on implicit bias, this Article examines how implicit bias might impact different stages of the electoral process. It then argues that “results test” claims under Section 2 of the Voting Rights Act (VRA) present an opportunity for plaintiffs to introduce evidence regarding …
Disparaging Trademarks: Who Matters, Jasmine Abdel-Khalik
Disparaging Trademarks: Who Matters, Jasmine Abdel-Khalik
Michigan Journal of Race and Law
For more than a century, non-majority groups have protested the use of trademarks comprised of or containing terms referencing the group—albeit for various reasons. Under the 1946 Lanham Act, Congress added a prohibition against registering disparaging trademarks, which could offer protection to non-majority groups targeted by the use of trademarks offensive to members of the group. The prohibition remained relatively unclear, however, and rarely applied in that context until a group of Native Americans petitioned to cancel the Washington NFL team’s trademarks as either scandalous, offensive to the general population, or disparaging, offensive to the referenced group. In clarifying the …
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
Michigan Journal of Race and Law
At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas —the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces—social media and employment where slurs and epithets …
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas
Michigan Journal of Race and Law
In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment. This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …
Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law
Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
Sahar F. Aziz
No abstract provided.
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
Seattle University Law Review
The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Past As Prologue: Shelby County V. Holder And The Risks Ahead, J. Corey Harris
The Past As Prologue: Shelby County V. Holder And The Risks Ahead, J. Corey Harris
Journal of Race, Gender, and Ethnicity
No abstract provided.
Retaining Color, Veronica Root
Retaining Color, Veronica Root
Veronica Root
It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color — in particular black and Hispanic …
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
West Virginia Law Review
No abstract provided.
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
john a. powell
This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …
Minority And Women Entrepreneurs: Building Capital, Networks, And Skills, Michael S. Barr
Minority And Women Entrepreneurs: Building Capital, Networks, And Skills, Michael S. Barr
Other Publications
The United States has an enviable entrepreneurial culture and a track record of building new companies. Yet new and small business owners often face particular challenges, including lack of access to capital, insufficient business networks for peer support, investment, and business opportunities, and the absence of the full range of essential skills necessary to lead a business to survive and grow. Women and minority entrepreneurs often face even greater obstacles. While business formation is, of course, primarily a matter for the private sector, public policy can and should encourage increased rates of entrepreneurship, and the capital, networks, and skills essential …
A Nation Of Widening Opportunities: The Civil Rights Act At 50, Ellen D. Katz, Samuel R. Bagenstos
A Nation Of Widening Opportunities: The Civil Rights Act At 50, Ellen D. Katz, Samuel R. Bagenstos
Books
The Civil Rights Act of 1964 was an extraordinary achievement of law, politics, and human rights. On the fiftieth anniversary of the Act's passage, it is appropriate to reflect on the successes and failures of the civil rights project reflected in the statute, as well as on its future directions. This volume represents an attempt to assess the Civil Rights Act's legacy.
On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five decades since …
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
In The Structural Transformation of the Public Sphere, Jürgen Habermas documented the historical emergence and fall of what he called the bourgeois public sphere, which he defined as “[a] sphere of private people come together as a public . . . to engage [public authorities] in a debate over the general rules governing relations in the basically privatized but publicly relevant sphere of commodity exchange and social labor.” This was a space where individuals gathered to discuss with each other, and sometimes with public officials, matters of shared concern. The aim of these gatherings was not simply discourse; these gatherings …
Justice Ginsburg's Umbrella, Ellen D. Katz
Justice Ginsburg's Umbrella, Ellen D. Katz
Book Chapters
Near the end of her dissent in Shelby County v. Holder, Justice Ginsburg suggested a simple analogy to illustrate why the regional protections of the Voting Rights Act (VRA) were still necessary. She wrote that “[t]hrowing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”
On Class-Not-Race, Samuel R. Bagenstos
On Class-Not-Race, Samuel R. Bagenstos
Book Chapters
Throughout the civil rights era, strong voices have argued that policy interventions should focus on class or socioeconomic status, not race. At times, this position-taking has seemed merely tactical, opportunistic, or in bad faith. Many who have opposed race-based civil rights interventions on this basis have not turned around to support robust efforts to reduce class-based or socioeconomic inequality. That sort of opportunism is interesting and important for understanding policy debates in civil rights, but it is not my focus here. I am more interested here in the people who clearly mean it. For example, President Lyndon Baines Johnson—who can …
Enforcing The Fifteenth Amendment, Ellen D. Katz
Enforcing The Fifteenth Amendment, Ellen D. Katz
Book Chapters
This chapter examines efforts to enforce the Fifteenth Amendment in the period from United States v. Reese through Shelby County v. Holder. Reese and Shelby County expose the most rigorous stance the Court has employed to review congressional efforts to enforce the Fifteenth Amendment, while the years in-between show Congress and the Court working more in tandem, at times displaying remarkable indifference to blatant violations of the Fifteenth Amendment, and elsewhere working cooperatively to help vindicate the Amendment’s promise. Defying simple explanation, this vacillation between cooperation and resistance captures the complex and deeply consequential way concerns about federal power, …