Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Race (12)
- Civil Rights and Discrimination (11)
- African American Studies (2)
- Arts and Humanities (2)
- Constitutional Law (2)
-
- Environmental Law (2)
- Immigration Law (2)
- Jurisprudence (2)
- Law and Politics (2)
- Race, Ethnicity and Post-Colonial Studies (2)
- Supreme Court of the United States (2)
- Courts (1)
- Education (1)
- Education Law (1)
- Family Law (1)
- First Amendment (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Judges (1)
- Labor and Employment Law (1)
- Latina/o Studies (1)
- Law Enforcement and Corrections (1)
- Law and Philosophy (1)
- Law and Psychology (1)
- Legal Ethics and Professional Responsibility (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Psychology (1)
- Institution
- Publication Year
- Publication
- Publication Type
Articles 1 - 23 of 23
Full-Text Articles in Law and Society
Criminalization As Governance In The American Racial State, Charlton C. Copeland
Criminalization As Governance In The American Racial State, Charlton C. Copeland
Articles
No abstract provided.
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
Nancy Dowd
Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …
“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer
“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer
David Barnhizer
Mao’s Red Guards and the “Wicked Wisdom” of Lesley Gore There could not possibly be any parallel between the actions of Mao Tse Tung’s young Red Guard zealots and the intensifying demands of identity groups that all people must conform to their version of approved linguistic expression or in effect be condemned as “reactionaries” and “counter-revolutionaries” who are clearly “on the wrong side of history”. Nor, in demanding that they be allowed to effectively take over the university and its curriculum while staffing faculty and administrative positions with people who think like them while others are subjected to “re-education” sessions …
Opening Borders: African Americans And Latinos Through The Lens Of Immigration, Maritza I. Reyes
Opening Borders: African Americans And Latinos Through The Lens Of Immigration, Maritza I. Reyes
Journal Publications
African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in office, his executive policy of granting temporary protection to DREAMers solidified his lead among Latino voters in 2012. Both elections showed the power that minority groups can exert when they vote in support of the candidate. If the demographic changes continue as currently estimated, African Americans and Latinos will contribute in large …
The End Of Annulment, Kerry Abrams
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
UF Law Faculty Publications
Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …
Annotated Bibliography: Who Can Help? A History Lesson On Urban Relations , Daniel A. Broughton
Annotated Bibliography: Who Can Help? A History Lesson On Urban Relations , Daniel A. Broughton
The Modern American
No abstract provided.
Majority Politics And Race Based Remedies, Darren Lenard Hutchinson
Majority Politics And Race Based Remedies, Darren Lenard Hutchinson
UF Law Faculty Publications
This Essay applies the principles of social movement theory and analyzes the legal status of race-based remedies. Many scholars have debated the constitutionality and efficacy of affirmative action, the appropriateness of race-consciousness (from legal and social perspectives) and the legitimacy of structural judicial remedies for various types of discrimination. This paper will add to this literature by demonstrating the influence of conservative race politics and ideology on Court doctrine concerning affirmative action and other race-based remedies. In particular, this Essay will demonstrate that, consistent with broader political trends, the Court disfavors governmental usage of race as a remedy for discrimination …
Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da
Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da
Michigan Journal of Race and Law
Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding "Whiteness" as the filler in the middle as Whites manipulate the differing interests of both subordinated groups to align with White (the dominant group's) interests. Although Whites purport to champion the interests of one subordinate group over the other, in reality the racialization of Asian Americans and Blacks in our country is rooted in the preservation …
Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin
Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
Part I of this essay begins one hundred years before the passage of the Act, with Reconstruction. I briefly canvas the interracial alliances of the Reconstruction and Redemption periods, underscoring that American democracy has been most responsive to the masses, including working class whites, when interracial alliances between whites and blacks commanded majority power. I then recount how a politics of white supremacy animated and perpetuated racial schisms between blacks and whites for a century in the South. Part II describes how the Act came to be passed, emphasizing the role of protest and coalition politics in its enactment, and …
Paper Daughters, Nancy K. Ota
Paper Daughters, Nancy K. Ota
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Race, Trust, Altruism, And Reciprocity, George W. Dent Jr.
Race, Trust, Altruism, And Reciprocity, George W. Dent Jr.
University of Richmond Law Review
No abstract provided.
Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter
Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter
Michigan Law Review
More than a decade ago, in a colloquium sponsored by the Virginia Law Review, scholars of the civil rights movement launched a fierce assault on Michael J. Klarman's interpretation of the significance of the Supreme Court's famous school desegregation ruling in Brown v. Board of Education. Klarman's "backlash thesis," initially set forth in a series of law review and history journal articles and now serving as the centerpiece of his new book, revolves around two central claims. First, he argues that the advancements toward racial equality generally attributed to Brown were instead the inevitable products of long-term political, …
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas
Michigan Journal of Race and Law
This Article concludes that political dialogue engendered by controversial minority judicial nominations, like those of Miguel Estrada and Janice Rogers Brown, could be an avenue to educating the polity as to why it is important to achieve greater minority representation on the bench. The pluralistic process-based model of judging advocates that a critical mass of diverse judges be achieved, not that the minority judges be liberal rather than conservative, communitarian rather than individualist, or Democrat rather than Republican. The goal is that there be a critical mass of minority judges on benches that make decisions as a group, like circuit …
Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard
Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard
Journal Publications
It is my belief that the failure of Brown v. Board of Education and the continuing problem of race in America stems from the fact that America never took ownership of the promise of Brown, and instead, viewed the decision purely in terms of desegregation, as opposed to integration. Consequently, integration has remained a concept instead of an action item. Implicit in this notion of desegregation is the idea that the races sit next to one another, while the concept of integration carries with it a much heavier burden. It appears that the races have never made a personal …
Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee
St. Mary's Law Journal
A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …
Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe
Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe
Michigan Journal of Race and Law
A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.
Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law
Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Statements on affirmative action followed by the Asian Pacific American Law Students Association Symposium.
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Michigan Journal of Race and Law
In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has …
Black Police, White Society, Michigan Law Review
Black Police, White Society, Michigan Law Review
Michigan Law Review
A Review of Black Police, White Society by Stephen Leinen
Race, Property Rights, And The Economic Consequences Of Reconstruction: A Case Study, Robert J. Haws, Michael V. Namorato
Race, Property Rights, And The Economic Consequences Of Reconstruction: A Case Study, Robert J. Haws, Michael V. Namorato
Vanderbilt Law Review
In assessing the problems of race and debtor relief in Mississippi during Reconstruction, it is clear that, on the local level, the Lafayette County court system, as represented by the Lafayette county court, effectively carried out an institutional framework established by the Mississippi legislature and the Mississippi Supreme Court in which the freedman was denied any meaningful role and/or opportunity in the economic environment of the community.In doing so, the county court system, by allegedly protecting the rights of private property, helped stifle the economic recovery of Lafayette County and, inferentially, the State as a whole. Moreover, by quickly acting …
Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones
Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones
Vanderbilt Law Review
Professors Haws and Namorato are to be praised for their pioneer work in studying the operation of a county court system in the Reconstruction era. They break new historical ground in this effort that has the potential for greatly contributing to the study of the legal history of the South. More scholars must engage in this endeavor if the field of legal history is to reach its full maturity. While their efforts are to be complimented it must be pointed out, however, that they generally fail to make their case in this Article. They do not show a significant link …
On Dissent, Violence, And The Intellectual, Page Keeton
On Dissent, Violence, And The Intellectual, Page Keeton
Vanderbilt Law Review
If I have properly assessed the meaning of Dean Forrester's comments, he stated that: (1) America is now in the midst of an attempted revolution, an attempt to create a new society by force and violence; (2) war, race relations, poverty, environment, and the other festers in our society, while great problems, are not the real causes of the discontent; (3) the attempted revolution is the product of a generation of university teaching and writing which has created the intellectual atmosphere and the state of mind that sustain the conflict. I respectfully dissent while recognizing at the same time the …