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Full-Text Articles in Law and Race

Regulating White Desire, Reginald Oh Aug 2019

Regulating White Desire, Reginald Oh

Reginald Oh

This Article contends that segregationist justifications for miscegenation and segregation laws shows that those laws effectively imposed a legal duty on whites to adhere to cultural norms of endogamy. Dominant social groups enforce rules of endogamy⁠—the cultural practice of encouraging people to marry within their own social group⁠—to protect the dominant status of their individual members and of the social group in general. Thus, laws prohibiting interracial marriages regulated white desire in order to protect the dominant status of whites as a group. The Loving Court, therefore, ultimately was correct in declaring that miscegenation laws denied blacks equal ...


Creative Lawyering For Social Change, Raymond H. Brescia Apr 2019

Creative Lawyering For Social Change, Raymond H. Brescia

Georgia State University Law Review

Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex ...


Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom Apr 2019

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Urban Decolonization, Norrinda Brown Hayat Oct 2018

Urban Decolonization, Norrinda Brown Hayat

Michigan Journal of Race and Law

National fair housing legislation opened up higher opportunity neighborhoods to multitudes of middle-class African Americans. In actuality, the FHA offered much less to the millions of poor, Black residents in inner cities than it did to the Black middle class. Partly in response to the FHA’s inability to provide quality housing for low-income blacks, Congress has pursued various mobility strategies designed to facilitate the integration of low-income Blacks into high-opportunity neighborhoods as a resolution to the persistent dilemma of the ghetto. These efforts, too, have had limited success. Now, just over fifty years after the passage of the Fair ...


Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden Feb 2018

Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden Jan 2018

A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law Jan 2018

Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert Jan 2018

Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.


Charter Schools And School Desegregation Law, Will Stancil Jan 2018

Charter Schools And School Desegregation Law, Will Stancil

Mitchell Hamline Law Review

No abstract provided.


Feminism And The Tournament, Jessica A. Clarke Jan 2018

Feminism And The Tournament, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

Naomi Bishop, the protagonist of the 2016 film "Equity," is the rare "she-wolf of Wall Street."' At the beginning of the film, Bishop appears on a panel at an alumni event. She explains her career choices to the young women in the audience as follows: I like money. I do. I like numbers. I like negotiating. I love a challenge. Turning a no into a yes. But I really do like money. I like knowing that I have it. I grew up in a house where there was never enough. I was raised by a single mom with four kids ...


Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias Dec 2017

Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias

Tim Iglesias

This is a book review of The Fight for Fair Housing: Causes, Consequences and Future Implications of the 1968 Federal Fair Housing Act  ed. Gregory D. Squires (Routledge 2018).
In addition to summarizing and evaluating all 15 chapters this review highlights the two major contributions of the volume: (1) Some chapters (especially chapters 10, 11, 13, and 15) begin to articulate an argument that effective implementation of fair housing law is not just good for members of protected classes but valuable for everyone because it can help markets work better, promote democracy, and expand opportunity for all; (2) the chapters ...


The Missouri Student Transfer Program, Howard E. Fields Iii Apr 2017

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close ...


Reconstructing Local Government, Daniel Farbman Mar 2017

Reconstructing Local Government, Daniel Farbman

Vanderbilt Law Review

After the Civil War, the South faced a problem that was almost entirely new in the United States: a racially diverse and geographically integrated citizenry. In one fell swoop with emancipation, millions of former slaves were now citizens. The old system of plantation localism, built largely on the feudal control of the black population by wealthy white planters, was no longer viable. The urgent question facing both those who sought to reform and those who sought to preserve the "Old South" was: What should local government look like after emancipation? This Article tells the story of the struggle over the ...


Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander Jan 2017

Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander

Faculty Publications

This Essay studies the relationship between race, rhetoric, and history in three twentieth century segregation cases: State ex rel. Gaines v. Canada, Kraemer v. Shelley, and Liddell v. Board of Education. Part I gives a brief overview of the scholarship of Critical Race Theory, majoritarian narratives and minority counter-narratives, and the judiciary’s rhetoric in race-based cases. Part II analyzes the narratives and language of Gaines, Kraemer, and Liddell, provides the social context of these cases, and traces their historical outcomes.

The Essay contends that majoritarian narratives with problematic themes continue to perpetuate even though court opinions have evolved to ...


New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash Jan 2017

New Policing, New Segregation: From Ferguson To New York, Jeffrey Fagan, Elliott Ash

Faculty Scholarship

Modern policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes as the core of its institutional design. Recent policing research has shown how this policing regime has been woven into the social, political and legal systems in urban areas, but there has been little attention to these policing regimes in smaller areas. In these places, where relationships between citizens, courts and police are more intimate and granular, and local boundaries are closely spaced with considerable flow of persons through spaces, the “new policing” has reached deeply into the everyday lives of predominantly ...


Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton Jan 2016

Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton

Articles

No abstract provided.


Diversity Without Integration, Kevin Woodson Jan 2016

Diversity Without Integration, Kevin Woodson

Law Faculty Publications

The de facto racial segregation pervasive at colleges and universities across the country undermines a necessary precondition for the diversity benefits embraced by the Court in Grutter — the requirement that students partake in high-quality interracial interactions and social relationships with one another. This disjuncture between Grutter’s vision of universities as sites of robust cross-racial exchange and the reality of racial separation should be of great concern, not just because of its potential constitutional implications for affirmative action but also because it reifies racial hierarchy and reinforces inequality. Drawing from an extensive body of social science research, this article explains ...


Section 8 Is The New N-Word: Policing Integration In The Age Of Black Mobility, Norrinda Brown Hayat Jan 2016

Section 8 Is The New N-Word: Policing Integration In The Age Of Black Mobility, Norrinda Brown Hayat

Washington University Journal of Law & Policy

This Article addresses the concept of black mobility within the context of Section 8 housing vouchers. Hayat explores the rise of racially coded language and its impact on racially discriminatory housing measures, highlighting the intersectionality between narratives of black criminality and the implicit biases of Section 8 proponents. Hayat argues for eradication of Section 8 enforcement schemes and facially race-neutral policies to promote the elimination of hyper-segregated neighborhoods.


Jack Johnson: Reluctant Hero Of The Black Community, Denise C. Morgan Jul 2015

Jack Johnson: Reluctant Hero Of The Black Community, Denise C. Morgan

Akron Law Review

The difficulties which both White and Black Americans had with Jack Johnson, the first Black man to win the world heavyweight boxing championship, resulted from his status as a reluctant hero. Johnson was hated by White Americans for exhibiting a strong sense of individuality, for excelling in a sport that had previously been closed to men of his race, and for asserting his right to love the three White women whom he married. And although Black Americans admired his courage and felt vindicated by his success in the ring, they were troubled by the ways that Johnson’s uncompromising individuality ...


Jackals, Tall Ships, And The Endless Forest Of Lies: Foreword To Symposium On The Voting Rights Act In The Wake Of Shelby County V. Holder, Anthony Paul Farley Apr 2015

Jackals, Tall Ships, And The Endless Forest Of Lies: Foreword To Symposium On The Voting Rights Act In The Wake Of Shelby County V. Holder, Anthony Paul Farley

Journal of Race, Gender, and Ethnicity

No abstract provided.


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian Mar 2015

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 Ironies Of Affirmative Action, Kermit Roosevelt Iii Jan 2015

The Ironies Of Affirmative Action, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

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 ...


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian Jul 2014

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

University of Michigan Journal of Law Reform

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 ...


Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin Jul 2014

Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin

University of Michigan Journal of Law Reform

Ultimately, I argue that one important response to the demise of race-based affirmative action should be to incorporate the experience of segregation into diversity strategies. A college applicant who has thrived despite exposure to poverty in his school or neighborhood deserves special consideration. Those blessed to come of age in poverty-free havens do not. I conclude that use of place, rather than race, in diversity programming will better approximate the structural disadvantages many children of color actually endure, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. While I propose substituting ...


The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler Jan 2014

The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler

University of Michigan Journal of Law Reform

How far does Justice Kennedy’s “moral and ethical obligation” to avoid racial isolation extend? Does the obligation flow primarily from Supreme Court case law, does it derive from an evolving consensus in the social sciences, or does it also have a statutory basis in Title VI and other federal law? In addition to its value as a justification for non-individualized, race-conscious remedial efforts by state and local governments, does the compelling interest identified in Parents Involved also suggest an affirmative duty on the part of the federal government? And if so, how far does this affirmative duty extend, and ...


Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter Apr 2013

Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter

Michigan Journal of Race and Law

For the past twelve months, there has been a burgeoning campaign to abolish, or greatly reduce, the use of segregated confinement in prisons. Advocates for the campaign call such classifications "solitary confinement" despite the fact that in some states, like New York, prisoners in these cells are often double-celled. The Michigan Department of Corrections, as well as other prison systems, uses labels such as "segregation," "special management," "special housing," and "observation" for these classifications. Prisoners ordinarily use traditional terms, such as "the hole." In this Essay we will refer to such restrictive classifications as "segregation" or "segregated confinement." Our perspective ...


The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden Apr 2013

The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden

Michigan Journal of Race and Law

The Federal Bureau of Prisons ("BOP") and the larger U.S. government either purposely ignore the plight of men with serious mental illness in the federal prison system or maliciously act in violation of the law. I have no way of knowing which it is. In a complex system comprising many individual actors, motivations are most likely complex and contradictory. Either way, uncontrovertibly, the BOP and the U.S. government, against overwhelming evidence to the contrary, continuously assert that there are no men with serious mental illnesses housed in the federal supermax prison, the Administrative Maximum facility in Florence, Colorado ...


History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre Jan 2012

History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre

Florida A & M University Law Review

No abstract provided.


Ua5/3 University Attorney - Committee File, Wku Archives Dec 2010

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.