Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Language discrimination (2)
- Latinos (2)
- Limited English Proficient (2)
- National origin (2)
- Affirmative action (1)
-
- African American (1)
- Bowen (1)
- California (1)
- Campus climate (1)
- Cascade effect (1)
- Chilling effect (1)
- Civil Rights Act (1)
- Clarence Thomas (1)
- Court interpreters (1)
- Critical Race Theory (1)
- Derrick Bell (1)
- Discrimination (1)
- Due Process Clause (1)
- Earnings (1)
- Employment discrimination (1)
- English-Only (1)
- Equal protection (1)
- Fair cross-section (1)
- Fisher (1)
- Fundamental rights (1)
- Gay rights (1)
- Graduation rates (1)
- Interest Convergence Theory (1)
- Jurors (1)
- LEP (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose
Faculty Scholarship
This is the Introduction to the University of Pittsburgh Law Review’s Challenging Authority: A Symposium Honoring Derrick Bell (L.L.B. 1957). This special symposium issue of the 75th volume of the Law Review celebrates and seeks to continue Bell’s critical inquiry into and fight against racial injustice. It features leading and emerging voices that examine and build upon some of Bell’s most eminent concepts, such as the permanence of racism and Interest Convergence Theory; explore Bell’s impact as a professor and activist; and look ahead to the next wave of critical race study.
The Myth Of Strict Scrutiny For Fundamental Rights, James E. Fleming, Linda C. Mcclain
The Myth Of Strict Scrutiny For Fundamental Rights, James E. Fleming, Linda C. Mcclain
Faculty Scholarship
Dissenting in Lawrence v. Texas, Justice Scalia stated that, under the Due Process Clause, if an asserted liberty is a "fundamental right," it triggers "strict scrutiny" that almost automatically invalidates any statute restricting that liberty. For strict scrutiny requires that the challenged statute, to be upheld, must further a "compelling governmental interest" and must be "necessary" or "narrowly tailored" to doing so. Scalia also wrote that if an asserted liberty is not a fundamental right, it is merely a "liberty interest" that triggers rational basis scrutiny that is so deferential that the Court all but automatically upholds the statute in …
Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose
Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose
Faculty Scholarship
Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …
Still Hazy After All These Years: The Lack Of Empirical Evidence And Logic Supporting Mismatch, Angela Onwuachi-Willig, William Kidder
Still Hazy After All These Years: The Lack Of Empirical Evidence And Logic Supporting Mismatch, Angela Onwuachi-Willig, William Kidder
Faculty Scholarship
In the context of reviewing the book "Mismatch" by Sander and Taylor, the authors provide a comprehensive review and synthesis of dozens of social science research studies regarding affirmative action, mismatch, graduation rates and labor market earnings. In addition, the authors look at the recent graduation rates of nearly two hundred thousand black and Latino students at one hundred U.S. research intensive universities (Table 1). The authors conclude that the social science research overall, and particularly the best peer-reviewed studies, do not support the mismatch hypothesis with respect to affirmative action and African American and Latino college graduation rates and …
Race Inequity Fifty Years Later: Language Rights Under The Civil Rights Act Of 1964, Jasmine Gonzales Rose
Race Inequity Fifty Years Later: Language Rights Under The Civil Rights Act Of 1964, Jasmine Gonzales Rose
Faculty Scholarship
As Latinos have become the largest racialized minority in the United States, we should ask whether the civil rights laws of yesterday are equipped to address the race problems of today. Half a century after the passage of the Civil Rights Act of 1964, racial discrimination still exists, but it manifests itself differently. Rather than explicitly barring someone from employment, education, public accommodations, or civic participation on the basis of his or her race, racially discriminatory exclusion is often couched in seemingly race-neutral terms. English language requirements are one example of this. A sign outside a restaurant stating, “No Mexicans, …