Law and Society Commons^™

The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood

University of Michigan Journal of Law Reform

The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay explores the multiple margins that Latinas inhabit both within majority society and their comunidad Latina because of their compounded outsider status in all their possible communities. Exploring the concept and theme of "Between/Beyond Colors: Outsiders Within Latina/o Communities" elucidates both the challenges and the possibilities the young LatCrit movement presents for Latinas.

From its inception, LatCrit has broadened and sought to reconstruct the race discourse beyond the normalized binary black/white paradigm -- an underinclusive model that effects the erasure of the Latina/o, Native, and Asian experiences as well as the realities of other racial and ethnic groups in …

Minority Preferences Reconsidered, Terrance Sandalow

Reviews

During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.

The Content Of Our Characterizations, Paulette M. Cladwell

Michigan Journal of Race and Law

This essay suggests both further amplification of Yamamoto's guidelines for critical race praxis and, more importantly, recommends their application to the analysis and development of progressive race theory itself.

Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change

Michigan Journal of Race and Law

Review of Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America by Eric Yamamoto

Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama

Michigan Journal of Race and Law

Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …

Expert Report Of Thomas J. Sugrue, Thomas J. Sugrue

Michigan Journal of Race and Law

At the end of the twentieth century, the United States is a remarkably diverse society. It grows more diverse by the day, transformed by an enormous influx of immigrants from Latin America, the Caribbean, Africa, and Asia. In an increasingly global economy, Americans are coming into contact with others of different cultures to an extent seen only in times of world war. Yet amidst this diversity remains great division. When the young black academic W.E.B. DuBois looked out onto America in 1903, he memorably proclaimed that "the problem of the twentieth century is the problem of the color line." Over …

Expert Report Of Eric Foner, Eric Foner

Michigan Journal of Race and Law

Race has been a crucial line of division in American society since the settlement of the American colonies in the beginning of the 17th century. It remains so today. While the American understanding of the concept of "race" has changed over time, the history of African-Americans provides a useful template for understanding the history of race relations. The black experience has affected how other racial minorities have been treated in our history, and illuminates the ways in which America's white majority has viewed racial difference.

Expert Report Of Patricia Gurin, Patricia Gurin

Michigan Journal of Race and Law

A racially and ethnically diverse university student body has far-ranging and significant benefits for all students, non-minorities and minorities alike. Students learn better in a diverse educational environment, and they are better prepared to become active participants in our pluralistic, democratic society once they leave such a setting. In fact, patterns of racial segregation and separation historically rooted in our national life can be broken by diversity experiences in higher education. This Report describes the strong evidence supporting these conclusions derived from three parallel empirical analyses of university students, as well as from existing social science theory and research.

Expert Report Of Claude M. Steele, Claude M. Steele

Michigan Journal of Race and Law

Report based on 25-year period of research in the areas of social psychology, the social psychology of race and race relations, and the effects of race on standardized test performance.

Expert Report Of Robert B. Webster, Robert B. Webster

Michigan Journal of Race and Law

The author’s opinions are based primarily upon knowledge and insight gained in the forty years in which he has been a practicing attorney, counselor, arbitrator, mediator, bar officer, and state court judge. Webster’s opinions are also based in part upon materials described in Section IV.B, within.

Expert Report Of Kinley Larntz, Ph.D., Kinley Larntz

Michigan Journal of Race and Law

While working in this matter, the author undertook the task of analyzing the statistical relationship between law school acceptance and ethnicity. In particular, focusing on the strength of the relationship between law school acceptance and being a member of certain ethnic groups, controlling for qualifications for admission such as undergraduate grade point average, Law School Admission Test score, and selection index, and for other factors such as residency in the State of Michigan, gender, and a measure of economic disadvantage, waiver of the fee for application.

(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri

Articles

No abstract provided.

The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris

Articles

Racial profiling of drivers - often called "driving while black" - has taken an increasingly important role in the public debate on issues of race and criminal justice. It is one of the few such issues that has penetrated not only the public discourse, but the legislative process as well. This article takes three different approaches in attempting to explain that racial profiling is important not only for its own sake, but because it is a manifestation - both a symbol and a symptom - of all of the most difficult problems that we face at the intersection of race …

Beyond The Rhetoric Of "Dirty Laundry": Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

Michigan Journal of Race and Law

Part I of this Article discusses examples of resistance to internal criticism within progressive social movements in order to demonstrate the extent to which such opposition operates as a barrier to constructive dissent. Part II argues that resistance to internal criticism may often result from the embrace of heterosexism, patriarchy, and racism within oppressed communities and among progressive intellectuals, and that any remaining explanations for such resistance are outweighed by the value of internal criticism to progressive theory and politics. Part III offers suggestions-to both internal critics and to the objects of their critiques-for minimizing the potentially negative effects of …

Introduction, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

The last Supreme Court decision addressing the use of race in admissions to institutions of higher education, Bakke v. Regents of the University of California, affirmed that the role of diversity in colleges and universities is both essential and compelling. Since Bakke, opponents and proponents have wrestled with ideology and theory, but have never had the benefit of a comprehensive theoretical framework that has been tested by reliable empirical data. The University of Michigan has drawn on several of the nation's leading, and most respected, researchers and scholars, to develop such a framework and verify its legitimacy with …

Expert Report Of Albert M. Camarillo, Albert M. Camarillo

Michigan Journal of Race and Law

At the request of attorneys with Wilmer, Cutler & Pickering, the author has prepared this report which outlines the historical patterns and legacies of racial isolation and separation of Hispanics in American society. The research is based on archival collections, syntheses of secondary literature, and other primary sources such as U.S. government reports including Bureau of the Census population reports. Based on the author’s knowledge and research, this report outlines the historical developments that resulted in patterns of racial exclusion and isolation of Hispanics in the states and cities where they have settled since 1900. In particular, this report will …

Expert Report Of William G. Bowen, William G. Bowen

Michigan Journal of Race and Law

Higher education plays a unique role in our society. The obligation of a university is to the society at large over the long run, and, even more generally, to the pursuit of learning. Although this may seem amorphous, there is no escaping a university's obligation to try to serve the long-term interests of society defined in the broadest and least parochial terms, and to do so through two principal activities: advancing knowledge and educating students who will in turn serve others, within this nation and beyond it, both through their specific vocations and as citizens. Universities therefore are responsible for …

Expert Report Of Kent D. Syverud, Kent D. Syverud

Michigan Journal of Race and Law

Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.

Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Commercial And Corporate Lawyers 'N The Hood, Alfred Dennis Mathewson

Faculty Scholarship

I shall begin the development of this proposition with a theme from a "Last Lecture" I was asked to deliver by the UNM Campus Ministries several years ago. I was asked to pretend that I would die immediately after giving the lecture. I opened the lecture with a story my mother used to tell us about the time she was traveling on Trailways with two of my older brothers, then toddlers. The bus driver asked her to move to the back of the bus. She had not wanted to get up but decided that compliance with the demand was in …

Rejoinder (Response To Article By William G. Bowen And Derek Bok), Terrance Sandalow

Articles

In The Shape of the River, presidents Bowen and Bok pronounce the race-sensitive admission policies adopted by selective undergraduate schools a resounding success. The evidence they adduce in support of that conclusion primarily concerns the performance of African-American students in and after college. But not all African-American students in those institutions were admitted in consequence of minority preference policies. Some, perhaps many, would have been admitted under race-neutral policies. I argued at several points in my review that since these students might be expected to be academically more successful than those admitted because of their race, the evidence on which …

Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim

Janine Kim