Law Commons^™

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Judging And Diversity: Justice Or Just Us?, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

It is clear that the inevitable is upon us: as a society Canada is undergoing significant social change and law, as a social institution and mode of social interaction and regulation, cannot be immune to such changes. I want to suggest to you that these transitions are more than statistical - they are cultural and in that sense they will generate significant changes, indeed challenges, to our conventional ways of doing things. Change is of course somewhat unnerving, even disturbing or threatening, but I want to ask what sort of responses are available to us as we attempt to continue …

Black Man, White Justice: The Extradition Of Matthew Bullock, An African-American Residing In Ontario, 1922, John C. Weaver

Osgoode Hall Law Journal

Canadian extradition law uncomfortably combines common law precepts with compromises deemed necessary for carrying out treaty obligations. In this context, for example, the substitution of affidavits for parol evidence has been an area where international courtesy has clashed with a valued means of testing an allegation, namely the cross-examination of witnesses. To reject an application for extradition because only documentary evidence is provided can amount to a censure of judicial proceedings in the state making the request; rejection may suggest that a fair trial cannot be secured. In 1922, in a sensational but hitherto uncited case, an Ontario extradition judge …

Using The Law To Break Discriminatory Barriers To Fair Lending For Home Ownership, David H. Harris Jr.

North Carolina Central Law Review

No abstract provided.

Can Affirmative Action Survive In Education, Shawna A. Early

North Carolina Central Law Review

No abstract provided.

Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph

Washington Law Review

It has been forty-three years since the Supreme Court decided Brown v. Board of Education. In this Article, the author argues that the Court's recent decision, Missouri v. Jenkins, presages the end of court-enforced school desegregation. In addition, Jenkins shows that the Court is unwilling to confront its doctrinal principles in the area, preferring instead to base its decisions on relatively narrow, case-specific grounds. Jenkins therefore reveals that the Court will end this important era in our constitutional history quietly, gradually and without articulating its justifications. The author also contends that the reasons for curtailing desegregation remedies proffered …

Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This report consists of the following parts:

• Introduction
• Statement of Purpose
• Affirmative Action Plan for Minorities & Women
• Affirmative Action Plan for Covered Veterans & Persons with Disabilities

The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya

University of Michigan Journal of Law Reform

This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …

Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.

Michigan Law Review

A Review of Linn Washington, Black Judges on Justice

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America

Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura

Michigan Law Review

A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster

Context And Legitimacy In Federal Indian Law, Philip P. Frickey

Michigan Law Review

A Review of Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life

The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl

Michigan Law Review

A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice

Comments By Angel Oquendo, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Race And Place: Geographic And Transcendent Community In The Post-"Shaw" Era, Lisa A. Kelly

Vanderbilt Law Review

In the Preface to Colored People, Henry Louis Gates, Jr., describes and explains for his daughter, Liza, communities characterized by race. Throughout his memoir, Professor Gates re- creates communities local and communities transcendent. In one passage, he insists that he is "from and of a time and place-Piedmont, West Virginia... slathered along the ridge of 'Old Baldie' mountain like butter on the jagged side of a Parker House roll." The geography of place, even within the small town of Piedmont, is central. Italian neighborhoods in the west, Irish neighborhoods up on "Arch Hill," wealthy white neighborhoods defined by the block …

Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman

Articles & Chapters

This article argues that, if the MacArthur Treatment Competence Study (e.g., P. S. Appelbaum and T. Grisso, Grisso et al, and Grisso and Appelbaum; see records 82:39258, 82:35494, and 82:37814, respectively) is to be meaningfully operationalized, it is necessary to consider the ways that counsel is provided in individual cases to institutionalized individuals wishing to assert the right to refuse antipsychotic drug treatment. It looks at the role of counsel in individual right to refuse cases, examines the ways that counsel is assigned in 3 states, and considers the underlying questions through the filters of "sanism" and "pretextuality." It concludes …

Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor

Michigan Law Review

This Note argues that groups seeking to correct underrepresentation caused by the differential undercount do not have standing to sue the Secretary of Commerce but that they can sue their state governments in an effort to force them to use the best population data available in the construction of congressional districts. Part I details the deeply rooted character of the differential undercount, describes statistical means that could have been employed to adjust the 1990 census, and demonstrates that the adjusted count surpasses the official census as an accurate representation of the true population. Part II examines recent litigation that has …

Race Law And Justice: The Rehnquist Court And The American Dilemma,, Frank H. Wu

Faculty Scholarship

No abstract provided.

Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald

Michigan Journal of Race and Law

Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …

Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison

Faculty Scholarship

While we believe that the work of healing our cultural dyslexia is partly cognitive, in and through this paper we have tried to enact the experiential aspect. We may approach the entrances of the borderlands through reading and thinking, however we believe that the borderlands is a phenomenon of living, a phenomenon of well-intentioned people interacting in deliberate and thoughtful ways with those who are simultaneously like and unlike us/them. The borderlands require that we bring our critical faculties to bear on life's experiences, but, more often than not, we must suspend them in favor of more charitable and affiliative …

Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This legal history article presents the empirical finding that the risk of family separation at slave auctions was higher at court-ordered and court-supervised sales as compared with private sales of capitalist auctioneers. The article also examines legal and ideological justification for the destruction of slave families. Law served to disguise human agency in the breakup of slave families.

This article builds upon the author’s earlier finding that a majority of slave auctions in South Carolina were conducted by the courts. The data for this article and the previous study were drawn from antebellum primary sources including trial-court records, the salesbooks …

Rape, Race, And Representation: The Power Of Discourse, Discourses Of Power, And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

Articles

No abstract provided.

Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

Articles

No abstract provided.

Affirmative Action: A Rose By Any Other Name, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya

Michigan Journal of Gender & Law

This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.

The Legacy Of Korematsu V. United States: A Dangerous Narrative Retold, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.

Human Rights, Environmental Racism: The Nigerian Executions And The Case For The Ogoni, Wendy Irvine

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

“You've Got To Be Carefully Taught”: Justifying Affirmative Action After Croson And Adarand, 74 N.C. L. Rev. 1141 (1996), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

In this Article Professor Beschle assesses the continuing legitimacy of affirmative action as a governmental response to racial discrimination. The author begins with a historical review of Supreme Court decisions in which the Court has determined the circumstances under which affirmative action programs are permissible. Next, Professor Beschle surveys the views of contemporary social scientists who contend that racial bias is an instinctive human characteristic, rather than simply a learned attitude. Finally, the author considers the implications of the work of these theorists for the future of affirmative action. Professor Beschle concludes that the ongoing need for governmental action to …

The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article is a literary review and analysis of Malign Neglect: Race, Crime, and Punishment in America by Michael Tonry (1995). Part I of this review describes Tonry's analysis of the crime policies of the Reagan and Bush administrations. Part II discusses Tonry's indictment of the War on Drugs and criticizes his failure to acknowledge the effects of discriminatory prosecutorial practices and sentencing laws. Part III critiques Tonry's trivialization of the significance of race discrimination in the criminal justice system more generally. Part IV summarizes Tonry's proposals for change and stresses the importance of documenting, examining, and eliminating racial bias …