Digital Commons Network^™

'Roots Run Deep Here': The Construction Of Black New Orleans In Post-Katrina Tourism Narratives, Lynnell L. Thomas

American Studies Faculty Publication Series

This article explores the emergent post-Katrina tourism narrative and its ambivalent racialization of the city. Tourism officials are compelled to acknowledge a New Orleans outside the traditional tourist boundaries – primarily black, often poor, and still largely neglected by the city and national governments. On the other hand, tourism promoters do not relinquish (and do not allow tourists to relinquish) the myths of racial exoticism and white supremacist desire for a construction of blacks as artistically talented but socially inferior.

Why Diversity Still Needs A Champion, Nancy Cantor

Chancellor's Collection

Although The New York Times has already observed that President Barack Obama is an "omnipresent icebreaker" in the national conversation about race, now is a good time to recall the President's warning that we will not "get beyond our racial divisions in a single election cycle, or with a single candidacy" and that race is something in American history and life "that we've never really worked through." Diversity—and not only in race (though importantly race)—is an agenda that still needs champions, on campus as well as in Washington, D.C.

Infectious Agents: Race And Environment In Nineteenth-Century America, Kristen Renee Egan

Dissertations

This dissertation critically examines the relationship between race and nature in nineteenth-century America by analyzing texts that attempt to discover, create, or preserve a pure national identity. Historical events in the nineteenth-century U.S. - such as mass immigration, Native American displacement, industrialization, westward expansion, and the rise of science - frustrated the quest for a unified American identity. While these events seem various, each one exacerbated a nation already bewildered by one central question. What is the traffic between body and space? Nineteenth-century American literature frequently portrays the American environment as an ideal space in need of preservation and at …

Environmental Concerns: Race, Gender, And Income, Char Dae' Love

XULAneXUS

No abstract provided.

The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black

Maryland Law Review

No abstract provided.

Agenda: The Climate Of Environmental Justice: Taking Stock, University Of Colorado Boulder. School Of Law

The Climate of Environmental Justice: Taking Stock (March 16-17)

On March 16-17, The Climate of Environmental Justice: Taking Stock conference gathered 125 academics and practitioners from around the country to consider the pressing issues facing low-income and/or communities of color that continue to be subjected to a disproportionate share of environmental maladies.

"Some people are more equal than others when it comes to bracing ourselves for the impacts of climate change," said conference organizer Professor Maxine Burkett. "Whether it's because poor folks lived in the lowest areas of New Orleans when Katrina floodwaters rushed in, or are less able to afford the cooling bill during increasingly frequent heat waves, …

Title Vi And The Warren County Protests, Bradford Mank

Faculty Articles and Other Publications

One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls ("PCB") landfill in Warren County, North Carolina, was a suit by the National Association for the Advancement of Colored People ("NAACP") under Title VI of the 1964 Civil Rights Act. Although the suit was unsuccessful, the Warren County protests led to a 1983 General Accounting Office study and a 1987 United Church of Christ's Commission on Racial Justice (CRJ) study, both of which found that hazardous waste facilities were more likely to be located in minority communities. The Warren County protests and the two studies helped build …

Disparity Rules, Olatunde C.A. Johnson

Faculty Scholarship

In 1992, Congress required states receiving federal juvenile justice funds to reduce racial disparities in the confinement rates of minority juveniles. This provision, now known as the disproportionate minority contact standard (DMC), is potentially more far-reaching than traditional disparate impact standards: It requires the reduction of racial disparities regardless of whether those disparities were motivated by intentional discrimination orjustified by "legitimate" agency interests. Instead, the statute encourages states to address how their practices exacerbate racial disadvantage.

This Article casts the DMC standard as a partial response to the failure of constitutional and statutory standards to discourage actions that produce racial …

Race, Religion, And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.

The Impacts Of Exclusionary Zoning Practices And Gentrification On Low-Income And Minority Populations In America's Inner Cities, Tanjanesia Jackson

LSU New Orleans Theses and Dissertations

This thesis will examine the effects of residential segregation, exclusionary zoning, and gentrification on low-income minorities in inner cities. The research will show the relationship between housing inequalities and institutional classism and racism. In addition, the research will examine the use of public policies and regulations that maintain the existing isolation and concentration of minorities and low-income families through disinvestment.

Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster

Fordham Law Review

No abstract provided.

Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank

Faculty Articles and Other Publications

This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.

Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.

Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …

Pursuing Environmental Justice Through The Courts: An Overview Of The Process And Why It Has Failed, Julie Lynne Hershenberg

IPED Technical Reports

This project brought together two issues that dominate policy debates in the southwestern U.S. and especially along the United States – Mexico Border; namely, environmental justice, and legal liabilities associated with adverse environmental actions. Both are major implementation problems. In the southwest the issue becomes more problematic as the two-nations meet face-to-face, and the maquiladora industry continues to expand, creating new burdens on an already stressed environment as a result of industrial practices that have not always meet U.S. environmental standards.

Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank

Faculty Articles and Other Publications

This Article examines the circumstances under which § 1983 suits may be used to enforce agency regulations in general, and Title VI's disparate impact regulations in particular.

Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla

Faculty Scholarship

Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.

On The Complexities Of Race: The Treaty Of Guadalupe Hidalgo And Dred Scott V. Sandford, Guadalupe T. Luna

University of Miami Law Review

No abstract provided.

Issues Of Classification In Environmental Equity: How We Manage Is How We Measure, Rae Zimmerman

Fordham Urban Law Journal

This Article addresses how concepts of race and ethnicity have been operationalized as a basis for defining and locating subpopulations (either explicitly or implicitly) for the purpose of analyzing environmental equity issues, and recommends some future directions. Part II focuses on how subpopulations are currently defined and on some problems encountered to date. The implications of these inconsistencies on the accuracy of health and environmental risk measures for a given subpopulation are addressed. Part III focuses on how spatial areas have been defined to aggregate these subpopulations within confined geographic boundaries.

Notes From The Front Line, Nancy E. Anderson, Ph.D

Fordham Urban Law Journal

In the last five years, local thinking about environmental protection started to take shape. It is indisputable that cities are not neutral or homogenous geographies in terms of distributing benefits and burdens by class and race. This fact is applicable to local environmental politics. Environmental justice and fair share advocates – and in some instances the courts – are finding that cities like New York are extremely heterogeneous in terms of environmental conditions and the impact of implementing environmental laws. This Essay describes the Environmental Benefits Program, which the New York City Department of Environmental Protection has undertaken in order …