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New Financial Regulation Reform: A Good Measure For African Americans, Alexander J. Chenault 2011 North Carolina Central University School of Law

New Financial Regulation Reform: A Good Measure For African Americans, Alexander J. Chenault

North Carolina Central Law Review

No abstract provided.


Defending Profiling While Combating Racism: A Companion To Ogletree's Presumption Of Guilt, Amos N. Jones 2011 North Carolina Central University School of Law

Defending Profiling While Combating Racism: A Companion To Ogletree's Presumption Of Guilt, Amos N. Jones

North Carolina Central Law Review

No abstract provided.


Some Women's Work: Domestic Work, Class, Race, Heteropatriarchy, And The Limits Of Legal Reform, Terri Nilliasca 2011 City University of New York School of Law

Some Women's Work: Domestic Work, Class, Race, Heteropatriarchy, And The Limits Of Legal Reform, Terri Nilliasca

Michigan Journal of Race and Law

This Note employs Critical Race, feminist, Marxist, and queer theory to analyze the underlying reasons for the exclusion of domestic workers from legal and regulatory systems. The Note begins with a discussion of the role of legal and regulatory systems in upholding and replicating White supremacy within the employer and domestic worker relationship. The Note then goes on to argue that the White, feminist movement's emphasis on access to wage labor further subjugated Black and immigrant domestic workers. Finally, I end with an in-depth legal analysis of New York's Domestic Worker Bill of Rights, the nation's first ...


Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy 2011 University of Michigan Law School

Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy

Michigan Journal of Race and Law

Disproportionate minority contact ("DMC") has plagued the United States juvenile justice system for decades, but federal legislation has lacked the clarity and guidance to battle this affliction. A strong partnership must exist between state and federal entities in order to directly target DMC and thereby decrease the appallingly disproportionate number of minority children who come into contact with the juvenile justice system. This Note discusses the problem of DMC, identifies state and private efforts to combat the crisis, and indicates deficiencies in the Juvenile Justice and Delinquency Prevention Act as well as its reauthorization bill, S. 678. The Note urges ...


Finding A Cure In The Courts: A Private Right Of Action For Disparate Impact In Health Care, Sarah G. Steege 2011 University of Michigan Law School

Finding A Cure In The Courts: A Private Right Of Action For Disparate Impact In Health Care, Sarah G. Steege

Michigan Journal of Race and Law

There is no comprehensive civil rights statute in health care comparable to the Fair Housing Act, Title VII, and similar laws that have made other aspects of society more equal. After Congress passed the Civil Rights Act of 1964, Title VI served this purpose for suits based on race, color, and national origin for almost four decades. Since the Supreme Court's 2001 ruling in Alexander v. Sandoval, however, there has been no private right of action for disparate impact claims under Title VI, and civil rights enforcement in health care has suffered as a result. Congress has passed new ...


From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde 2011 Rhode Island College

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states ...


A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph Karl Grant 2011 Florida A & M University College of Law

A Conversation With President Obama: A Dialogue About Poverty, Race, And Class In Black America, Joseph Karl Grant

Journal Publications

The date is November 13, 2012.1 Just mere days ago, I received the invitation of a lifetime. Last night, I arrived in Washington, D.C. I am staying in the Hay-Adams Hotel on the third floor. I still cannot believe the extent of my life's journey. I have just been summoned to the White House by second term President-elect Barack Obama, who defeated Mitt Romney, the Republican nominee for President on November 6, 2012. The 2012 Presidential Election was a hard-fought battle between Barack Obama on the Democratic side, and Mitt Romney on Republican side. The election was ...


Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli 2011 Barry University

Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli

Faculty Scholarship

This article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder. Drawing upon the insights of critical theory, particularly to explore ...


Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris 2011 New York Law School

Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris

Tribeca Square Press

No abstract provided.


Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp 2011 John Marshall Law School

Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp

Faculty Scholarship

No abstract provided.


When Will Race No Longer Matter In Jury Selection?, Bidish Sarma 2011 Capital Appeals Project

When Will Race No Longer Matter In Jury Selection?, Bidish Sarma

Michigan Law Review First Impressions

We are coming upon the twenty-fifth anniversary of the Supreme Court's opinion in Batson v. Kentucky, which made clear that our Constitution does not permit prosecutors to remove prospective jurors from the jury pool because of their race. The legal question in Batson-when, if ever, can governmental race discrimination in jury selection be tolerated?-was easy. The lingering factual question, however-when will prosecutors cease to discriminate on the basis of race?-has proven far more difficult to answer. The evidence that district attorneys still exclude minorities because of their race is so compelling that it is tempting to assume ...


Examining The "Stick" Of Accreditation For Medical Schools Through Reproductive Justice Lens: A Transformative Remedy For Teaching The Tuskegee Syphilis Study, Deleso Alford Washington 2011 Florida A&M University College of Law

Examining The "Stick" Of Accreditation For Medical Schools Through Reproductive Justice Lens: A Transformative Remedy For Teaching The Tuskegee Syphilis Study, Deleso Alford Washington

Journal Publications

The Tuskegee Syphilis Study, like the traditional recounting of the event, failed to acknowledge the direct impact of untreated syphilis in women. Arguably, the most infamous biomedical research study ever performed by the United States government is the Tuskegee Syphilis Study, which occurred between 1932 and 1972 in Macon County, Alabama. The stated purpose of the Tuskegee Syphilis Study was to determine the effects of untreated syphilis on Black men in Macon County, Alabama. Accordingly, historical and legal accounts have primarily told the stories of the male participants of the Study.

However, an overlooked yet important question looms: What about ...


Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard 2011 Florida A & M University College of Law

Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard

Journal Publications

No abstract provided.


Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez 2011 University of Cincinnati College of Law

Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez

Faculty Articles and Other Publications

Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.

Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to ...


Bias In The Classroom, One Degree Removed: The Story Of Turner V. Stime And Amicus Participation, Robert S. Chang 2011 Seattle University School of Law

Bias In The Classroom, One Degree Removed: The Story Of Turner V. Stime And Amicus Participation, Robert S. Chang

Faculty Scholarship

This article summarizes a recent amicus brief written by the Korematsu Center. It describes a Spokane, Washington medical malpractice case where juror racial bias toward a party’s attorney was used as direct evidence. It describes the momentum and mobilization of the amicus brief, and the success in the appellate courts. It is offered as a model for how law school clinics can engage in effective advocacy to help democratize the courts.


Courting Justice, Hannah Brenner 2011 Michigan State University College of Law

Courting Justice, Hannah Brenner

Faculty Publications

No abstract provided.


Williams V. Lee And The Debate Over Indian Equality, Bethany Berger 2011 University of Connecticut School of Law

Williams V. Lee And The Debate Over Indian Equality, Bethany Berger

Faculty Articles and Papers

Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally assumed to be the product of a timeless and unquestioning struggle of Indian peoples for sovereignty. This Article, based on interviews with the still-living participants in the case and on examination of the congressional records, Navajo council minutes, and Supreme Court transcripts, records, and ...


Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli 2011 American Bar Foundation

Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli

Carlo A. Pedrioli

This article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder.

Drawing upon the insights of critical theory, particularly to explore ...


Stimulus And Civil Rights, Olatunde C.A. Johnson 2011 Columbia Law School

Stimulus And Civil Rights, Olatunde C.A. Johnson

Faculty Scholarship

Federal spending has the capacity to perpetuate racial inequality, not simply through explicit exclusion, but through choices made in the legislative and institutional design of spending programs. Drawing on the lessons of New Deal and postwar social programs, this Essay offers an account of the specificfeatures offederal spending that give it salience in structuring racial arrangements. Federal spending programs, this Essay argues, are relevant in structuring racial inequality due to their massive scale, their creation of new programmatic and spending infrastructures, and the choices made in these programs as to whether to impose explicit inclusionary norms on states and localities ...


Why Reparations To African Descendants In The United States Are Essential To Democracy, Adjoa A. Aiyetoro 2011 University of Arkansas at Little Rock William H. Bowen School of Law

Why Reparations To African Descendants In The United States Are Essential To Democracy, Adjoa A. Aiyetoro

Faculty Scholarship

No abstract provided.


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