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Articles 1 - 30 of 37
Full-Text Articles in Law
Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell
Who Is An Indian? Searching For An Answer To The Question At The Core Of Federal Indian Law, Margo S. Brownell
University of Michigan Journal of Law Reform
The definition of Indian is the measure of eligibility for a variety of benefits and programs provided to Indians under federal law. There is confusion, however, at the core of efforts to define "Indian." This confusion raises many concerns about the role that government plays in defining "Indian." This Note surveys the most common definitions of "Indian" found in federal statutes, BIA regulations, and state laws. The author argues that the racial basis of many of these laws and regulations are unconstitutional and tread on the sovereignty of Indian tribes. She evaluates efforts of the federal government to avoid these …
Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Ibpp Editor
Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Ibpp Editor
International Bulletin of Political Psychology
This article discusses issues surrounding the actions of Mr. Wen Ho Lee in the context of espionage, treason, and national security as well as racial profiling and the problems with conducting counterintelligence.
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
Michigan Law Review
The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …
The Need For Racial Profiling: Negative Fallout Of The Wen Ho Lee Case, Ibpp Editor
The Need For Racial Profiling: Negative Fallout Of The Wen Ho Lee Case, Ibpp Editor
International Bulletin of Political Psychology
This article describes a counterproductive theme within public discourse on racial profiling, as the Wen Ho Lee case has been resolved.
Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor
Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor
International Bulletin of Political Psychology
This article critiques a common criterion employed to identify examples of racial profiling in law enforcement.
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Michigan Law Review
Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Michigan Law Review
What if America were to make good on its promise of equal opportunity by [XXX]? That's the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott's new book, with one change: we have substituted "[XXX]" for the authors' catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America "to make good on its promise of equal opportunity"? As you ponder that question, you might consider the following feature of the Ackerman/ …
Racial Profiling In The Persian Gulf: Ethical, Moral, And Legal Implications, Ibpp Editor
Racial Profiling In The Persian Gulf: Ethical, Moral, And Legal Implications, Ibpp Editor
International Bulletin of Political Psychology
This article describes attributions about race and ethnicity that color the discourse on the ethics, morality, and legality of profiling.
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
University of Michigan Journal of Law Reform
In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya's proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in the …
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
University of Michigan Journal of Law Reform
Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
University of Michigan Journal of Law Reform
The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …
Silence And Silencing: Their Centripetal And Centrifugal Forces In Legal Communication, Pedagogy And Discourse, Margaret E. Montoya
Silence And Silencing: Their Centripetal And Centrifugal Forces In Legal Communication, Pedagogy And Discourse, Margaret E. Montoya
University of Michigan Journal of Law Reform
Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication that, like accents, is related to one's culture and may correlate with one's racial identity. The second part of the Article posits that silence can be a force that disrupts the dominant discourse within the law school …
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
University of Michigan Journal of Law Reform
This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …
Journalism And Unconscious Racism: A Perspective From South Africa, Ibpp Editor
Journalism And Unconscious Racism: A Perspective From South Africa, Ibpp Editor
International Bulletin of Political Psychology
This article describes psychological problems in accurately identifying racism in public policy discourse.
Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling Ii, Ibpp Editor
Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling Ii, Ibpp Editor
International Bulletin of Political Psychology
This article provides a further elaboration of last week's IBPP article on the Arab American Institute (AAI)'s opposition to the Department of Transportation's (DOT) initiative to evaluate the discriminatory impact of the Computer-Assisted Passenger Prescreening Program (CAPPS). It is based on an IBPP interview with the AAI President, James Zogby.
Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling, Ibpp Editor
Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling, Ibpp Editor
International Bulletin of Political Psychology
This article analyzes a public rationale for opposing Federal Aviation Administration (FAA) efforts to evaluate the discriminatory impact of the FAA's own Computer-Assisted Passenger Prescreening System.
How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor
How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor
International Bulletin of Political Psychology
This article explores peculiarities of logic and reason among supporters and opponents of racial profiling as a tool of developing and implementing public policy.
Introduction To New Mexico Tribal Court Handbook, Tribal Law Journal Staff
Introduction To New Mexico Tribal Court Handbook, Tribal Law Journal Staff
Tribal Law Journal
These handbooks are intended to help attorneys and advocates become more aware of the various individual tribal court systems and their rules and protocol.
Troublesome Aspects Of Western Influences On Tribal Justice Systems And Laws, Alex Tallchief Skibine
Troublesome Aspects Of Western Influences On Tribal Justice Systems And Laws, Alex Tallchief Skibine
Tribal Law Journal
Troublesome Aspects of Western Influences on Tribal Justice Systems and Laws by Alex Tallchief Skibine provides readers with an overview of the colonial process by which tribal written law resembles the legal structures of the states and the federal government. Skibine's article highlights why and how tribal court systems have been influenced by western law, as well as the problems associated with the integration of tribal justice systems into the U.S. political system.
Means V. District Court Of The Chinle Judicial District And The Hadane Doctrine In Navajo Criminal Law, Paul Spruhan
Means V. District Court Of The Chinle Judicial District And The Hadane Doctrine In Navajo Criminal Law, Paul Spruhan
Tribal Law Journal
This case note analyzes the Navajo Nation's application of traditional law concepts in order to find criminal jurisdiction to prosecute a non-member Indian in Means v. District Court. The author examines this use in light of the Supreme Court's decision in Duro v. Reina.
Tribal Law As Indigenous Social Reality And Separate Consciousness [Re]Incorporating Customs And Traditions Into Tribal Law, Christine Zuni Cruz
Tribal Law As Indigenous Social Reality And Separate Consciousness [Re]Incorporating Customs And Traditions Into Tribal Law, Christine Zuni Cruz
Tribal Law Journal
Tribal Law as Indigenous Social Reality and Separate Consciousness-[Re]Incorporating Customs and Traditions into Tribal Law by Christine Zuni Cruz explores the reflection of traditional legal concepts and values in enacted laws of indigenous nations. The premise of this article is that "an indigenous nation's sovereignty is strengthened if its law is based upon its own internalized values and norms." Zuni-Cruz's article questions the impact of enacted western laws on indigenous communities' people and culture.
Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson
Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson
Michigan Journal of Race and Law
This Essay situates Professor Malavet's analysis in LatCrit theory. The diminished citizenship status of Puerto Ricans on the island shares important commonalities with and differences from the experiences of persons of Mexican ancestry in the United States. Both Mexican Americans and Puerto Ricans enjoy citizenship and membership rights unequal to those accorded Anglos, although one group (Mexican Americans) is composed of citizens by law with full legal rights while the other (Puerto Ricans) includes United States citizens with limited legal rights in Puerto Rico. The guarantees of the law historically have held limited meaning for Mexican Americans; the limitation on …
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Michigan Journal of Race and Law
This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf
Michigan Journal of Race and Law
This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.
The New Cultural Diversity And Title Vii, Steven A. Ramirez
The New Cultural Diversity And Title Vii, Steven A. Ramirez
Michigan Journal of Race and Law
This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …
Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero
Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero
Michigan Journal of Race and Law
This Essay will focus on "racial profiling" not just in the way many people think about the term-that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black"-but also in the context of "affirmative action"-namely, using race as a factor in employment and educational decisions. More broadly, then, the author wants us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual," which moves us slightly away from more pejorative notions of the phrase that have seeped into the national …
In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros
In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros
UIC Law Review
No abstract provided.
Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll
UIC Law Review
No abstract provided.
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
UIC Law Review
No abstract provided.
Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson
Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson
UIC Law Review
No abstract provided.