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Full-Text Articles in Law and Race

Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Editor Oct 2000

Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Editor

International Bulletin of Political Psychology

This article discusses issues surrounding the actions of Mr. Wen Ho Lee in the context of espionage, treason, and national security as well as racial profiling and the problems with conducting counterintelligence.


Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing Jan 2000

Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing

Michigan Journal of Race and Law

This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to ...


Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak Jan 2000

Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak

Michigan Journal of Race and Law

This article proposes "de-coding" as a method for unveiling the racist purpose behind the enactment of race-neutral legislation. Through the use of "code words," defined as “phrases and symbols which refer indirectly to racial themes, but do not directly challenge popular democratic or egalitarian ideals,” legislators can appeal to racist sentiments without appearing racist. More importantly, they can do so without leaving evidence that can be traced back as an intent to discriminate. This article proposes to use "de-coding" as a method to unmask the racist purpose behind the enactment of the 100:1 crack versus powder cocaine ratio for ...


Race In The Courtroom: Perceptions Of Guilt And Dispositional Attributions, Phoebe C. Ellsworth, Samuel R. Sommers Jan 2000

Race In The Courtroom: Perceptions Of Guilt And Dispositional Attributions, Phoebe C. Ellsworth, Samuel R. Sommers

Articles

The present studies compare the judgments of White and Black mock jurors in interracial trials. In Study 1, the defendant’s race did not influence White college students’ decisions but Black students demonstrated ingroup/outgroup bias in their guilt ratings and attributions for the defendant’s behavior. The aversive nature of modern racism suggests that Whites are motivated to appear nonprejudiced when racial issues are salient; therefore, the race salience of a trial summary was manipulated and given to noncollege students in Study 2. Once again, the defendant’s race did not influence Whites when racial issues were salient. But ...


The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr Jan 2000

The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr

Journal Publications

"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial ...


The Importance Of Being Biased, Anthony M. Dillof Jan 2000

The Importance Of Being Biased, Anthony M. Dillof

Michigan Law Review

The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick ...