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Law and Race

Faculty Scholarship

Series

2024

Race

Articles 1 - 4 of 4

Full-Text Articles in Law

Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres Jun 2024

Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres

Faculty Scholarship

Thirty-five states have enacted critical race theory bans at the level of elementary and secondary public education, and seven states have extended these to the university level. One way to resist these attempts to repress a healthy democracy by whitewashing history is through a pedagogy of antiracism, including literary works. The question of what that would look like involves questions of cultural appropriation, which occurs when one takes from another culture, such as a writer creating a narrative about a character outside of the writer’s cultural identity. This Article considers the story of Ota Benga, brought from the Congo to …


Expanding The Ban On Forced Arbitration To Race Claims, Michael Z. Green Mar 2024

Expanding The Ban On Forced Arbitration To Race Claims, Michael Z. Green

Faculty Scholarship

When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex, especially race, tempers any exuberance attributable to the passage of EFASASHA. This Article prescribes an approach for employees and consumers to rely upon EFASASHA as a tool to prevent both race and sex discrimination claims from being forced into arbitration by employers and companies. This approach relies upon procedural …


Racial Targets, Atinuke O. Adediran Jan 2024

Racial Targets, Atinuke O. Adediran

Faculty Scholarship

It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020’s racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as “racial targets.” The Article addresses this phenomenon and shows that companies can defend racial targets as distinct from racial quotas, which involve a rigid number or proportion of opportunities reserved exclusively for minority groups. The political implications of the legal defensibility of racial targets are significant in this moment in American history, where race …


Book Review: Hidden In Plain Sight: Redefining The Field Of National Security, Aziza Ahmed Jan 2024

Book Review: Hidden In Plain Sight: Redefining The Field Of National Security, Aziza Ahmed

Faculty Scholarship

Eventually, litigation challenging the Executive Order made it to the Supreme Court. Plaintiffs, including the Muslim Association of Hawaii and individual Muslims, challenged the constitutionality of the law.4 In Trump v. Hawaii, the Supreme Court found the Executive Order constitutional. Chief Justice Roberts' majority opinion dismisses the claims by the Plaintiffs that the Executive Orders were driven by anti-Muslim animus. The justices separate Trump's comments about Muslims from the Executive Order itself. They "look behind" the Executive Order and use rational basis review to uphold the order on the grounds that vetting immigrants could be "plausibly related to …