Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Race and law (25)
- United States Supreme Court (13)
- Affirmative action (12)
- Equal Protection Clause (12)
- Discrimination (10)
-
- Minorities (8)
- Elections (7)
- Gerrymandering (7)
- Latinos (7)
- Texas (7)
- Voting Rights Act (7)
- Congressional districts (6)
- LULAC v. Perry (6)
- Redistricting (6)
- Civil Rights Act (5)
- Congress (5)
- Grutter v. Bollinger (5)
- Michigan (5)
- Michigan Civil Rights Initiative (5)
- Academic performance (4)
- African Americans (4)
- Racism (4)
- Critical race theory (3)
- Public schools (3)
- Segregation (3)
- Admissions (2)
- Asian Americans (2)
- Colorblindness (2)
- Due Process Clause (2)
- Empirical studies (2)
- Publication
-
- Michigan Journal of Race and Law (14)
- Michigan Law Review First Impressions (11)
- UC Law Journal of Race and Economic Justice (11)
- The Modern American (4)
- Journal of Race, Gender, and Ethnicity (3)
-
- Michigan Law Review (3)
- Kentucky Law Journal (2)
- NYLS Law Review (2)
- UIC Law Review (2)
- University of Richmond Law Review (2)
- Florida A & M University Law Review (1)
- North Carolina Central Law Review (1)
- University of Colorado Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Journal of Transnational Law (1)
Articles 1 - 30 of 59
Full-Text Articles in Law
Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon
Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon
North Carolina Central Law Review
No abstract provided.
A Summary Of "Systemic Analysis", Richard H. Sander
A Summary Of "Systemic Analysis", Richard H. Sander
Journal of Race, Gender, and Ethnicity
No abstract provided.
Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan
Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Response To Professor Sander, Douglas D. Scherer
Response To Professor Sander, Douglas D. Scherer
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
Michigan Law Review
This Note argues that because homeowners insurance is central to homeownership, the FHA applies to insurance underwriting policies, such as those mentioned above, that have a disparate impact on minority potential homeowners. Part I considers whether the FHA applies to homeowners insurance and concludes that homeowners insurance is covered by the Act. Part II goes on to argue that the FHA applies to homeowners insurance even where the discrimination results from disparate impact, rather than from disparate treatment. Finally, Part III analyzes the above-mentioned policies of the insurance industry under the FHA disparate impact standard.
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
University of Richmond Law Review
No abstract provided.
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
University of Richmond Law Review
No abstract provided.
The Current Landscape Of Race: Old Targets, New Opportunities, Richard Delgado
The Current Landscape Of Race: Old Targets, New Opportunities, Richard Delgado
Michigan Law Review
It is difficult enough identifying areas within a current field of scholarship that are underdeveloped and in need of further attention. In science, one thinks of missing elements in the periodic table or planets in a solar system that our calculations tell us must be there but that our telescopes have not yet spotted. In civil-rights law, one thinks of such areas as women's sports or the problems of intersectional groups, such as women of color or gay black men. One also thinks of issues that current events are constantly thrusting forward, such as discrimination against Arabs or execution of …
A Sheep In Wolf's Clothing: The Michigan Civil Rights Initiative As The Savior Of Affirmative Action, Ryan C. Hess
A Sheep In Wolf's Clothing: The Michigan Civil Rights Initiative As The Savior Of Affirmative Action, Ryan C. Hess
Michigan Law Review First Impressions
The University of Michigan has long been a place of important discussions about civil and human rights. On the steps of the Michigan Student Union, only a few paces from the Law School, lies an inconspicuous marker where then-President John F. Kennedy, Jr. dedicated the United States Peace Core. During the Vietnam War, the University played host to significant protests that changed how we think about war and its consequences. Most recently, the University litigated a series of Supreme Court cases that have helped define the role of educational institutions in the quest for equality. This role promises to continue …
Disparate Impact And The Use Of Racial Proxies In Post-Mcri Admissions, Matthew S. Owen, Danielle S. Barbour
Disparate Impact And The Use Of Racial Proxies In Post-Mcri Admissions, Matthew S. Owen, Danielle S. Barbour
Michigan Law Review First Impressions
The Michigan Civil Rights Initiative (“MCRI”) amended the Michigan Constitution to provide that public universities, colleges, and school districts may not “discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of . . . public education.” We argue that, in addition to prohibiting the overt use of racial preferences in admissions, the MCRI also prohibits using racial proxies such as socioeconomic status or a “Ten Percent Plan” that aim to prefer minorities in admissions. Though the MCRI does not expressly say so, we stipulate …
What The Mcri Can Teach White Litigants About White Dominance, Adam Gitlin
What The Mcri Can Teach White Litigants About White Dominance, Adam Gitlin
Michigan Law Review First Impressions
The ballots have barely been counted, but litigation to enjoin implementation of the now-codified Michigan Civil Rights Initiative (“MCRI”) or at least limit its effect on admissions practices in Michigan’s universities is already underway. One of the primary arguments against the MCRI—and the basis upon which some plaintiff professors assert standing—is that students will suffer an impaired education if current admissions practices are discarded. Assuming that the MCRI survives these legal challenges, educators should be consoled somewhat to know the MCRI may still offer some pedagogy as compensation: litigation will likely be brought to enforce its provisions, and that litigation …
The Michigan Civil Rights Initiative And The Civil Rights Act Of 1964, Carl Cohen
The Michigan Civil Rights Initiative And The Civil Rights Act Of 1964, Carl Cohen
Michigan Law Review First Impressions
The underlying principle of the Michigan Civil Rights Initiative (MCRI), adopted by state wide vote on 7 November 2006, is identical to that of the Civil Rights Act of 1964. Section 601 of the Civil Rights Act provides: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The recent passage of the MCRI results now in the inclusion [in Article 1, Section 26 of the Michigan constitution] of section …
"Framing Affirmative Action", Kimberlé W. Crenshaw
"Framing Affirmative Action", Kimberlé W. Crenshaw
Michigan Law Review First Impressions
With the passage of the Michigan Civil Rights Initiative (“MCRI”), Michigan joins California and Washington to constitute the new postaffirmative action frontier. For proponents such as Ward Connerly, affirmative action is on the edge of extinction. Connerly plans to carry his campaign against what he calls “racial preferences” to eight states in 2008, scoring a decisive Super-Tuesday repudiation of a social policy that he portrays as the contemporary face of racial discrimination. On the other side of the issue, proponents of affirmative action are struggling to regroup, fearful that the confluence of lukewarm support among Democratic allies, messy presidential politics …
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
Michigan Law Review First Impressions
After winning control of both houses of the legislature and the governorship, Texas Republicans eventually succeeded in redistricting Texas’s congressional seats in 2003, replacing a 2001 court-drawn plan. LULAC v. Perry reviewed a number of challenges to that second redistricting. The decision deals with a multiplicity of issues, including, most importantly, the standard for violations of Section 2 of the Voting Rights Act and the nature of tests for unconstitutional partisan gerrymandering. While there are some clear holdings in the case, several of them reflect different combinations of Justices in the majority and, since there are six different opinions, it …
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Michigan Law Review First Impressions
In League of United Latin American Citizens (“LULAC”) v. Perry, the Supreme Court, for the second time in two years, agonized over partisan gerrymandering. LULAC’s rejection of a Democratic challenge to the Texas legislature’s mid-decade pro-Republican congressional redistricting resembles the Court’s 2004 dismissal of a Democratic gerrymandering suit against Pennsylvania’s pro-Republican congressional redistricting plan in Vieth v. Jubelirer. As in Vieth, the Justices wrangled over justiciability, the substantive standard for assessing the constitutionality of partisan gerrymandering claims, and the interplay of justiciability and constitutionality. As in Vieth, the Court was highly fragmented: Vieth produced five separate opinions, while LULAC took …
Self-Defeating Minimalism, Adam B. Cox
Self-Defeating Minimalism, Adam B. Cox
Michigan Law Review First Impressions
Everyone wants a piece of Tom DeLay. The former majority leader is under investigation and indictment, and even the Supreme Court threatened last Term to undo one of his signal achievements. In 2003, DeLay orchestrated a highly unusual mid-decade revision of Texas’s congressional map. The revised map was a boon to Republicans, shifting the Texas congressional delegation from 15 Republicans and 17 Democrats to 21 Republicans and 11 Democrats. The map was attacked as an unconstitutional partisan gerrymander and a violation of the Voting Rights Act. When the Supreme Court agreed to hear those challenges in LULAC v. Perry, many …
Cultural Compactness, Daniel R. Oritz
Cultural Compactness, Daniel R. Oritz
Michigan Law Review First Impressions
The Supreme Court’s opinions in LULAC v. Perry, the Texas redistricting case, confounded expectation. While many believed that the Court would develop the law governing partisan gerrymandering in one direction or another, it did not. As exactly before, such claims are justiciable but there is no law to govern them. In other words, the courthouse doors are open, but until some plaintiff advances a novel theory persuasive to five justices, no claims will succeed. On the other hand, few expected the Court to make any major changes to doctrine under the Voting Rights Act and Shaw v. Reno. But LULAC …
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
University of Michigan Journal of Law Reform
In its 2003 media ownership proceedings, the FCC relied on the existence of the Internet to provide justification for radically relaxing the FCC ownership rules. These rules limited the national audience reach of the broadcast licensees and the cross-ownership of different media properties by broadcasters and newspapers. In relaxing these rules, the FCC failed to recognize that a media submarket for African Americans and Latinos/as existed. This separate market is evidenced by the different television viewing habits of African Americans and Latinos/as as compared to Whites and Billboard magazine's delineation of R&B/urban music radio stations as a separate radio station …
Equal Protection - Florida's Disenfranchisement Law: Appellate Court Affirms Decision Finding Disenfranchisement Provision Does Not Violate Constitution - Johnson V. Governor Of The State Of Florida, Et. Al., 405 F.3d 1214 (11th Cir. 2005), Arthenia L. Joyner
Florida A & M University Law Review
No abstract provided.
Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman
Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman
UC Law Journal of Race and Economic Justice
No abstract provided.
Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff
Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff
UC Law Journal of Race and Economic Justice
No abstract provided.
Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons
Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons
UC Law Journal of Race and Economic Justice
No abstract provided.
Keynote Addresses, Dolores Huerta, Peter Edelman
Keynote Addresses, Dolores Huerta, Peter Edelman
UC Law Journal of Race and Economic Justice
No abstract provided.
Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli
Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli
UC Law Journal of Race and Economic Justice
Over the past decade, the literature on lawyering has paid increased attention to the impact of cultural differences on interactions between attorneys and clients. This essay assesses the latest generation of clinical textbooks on interviewing and counseling and how they seek to prepare student-lawyers for crosscultural work. It highlights differences in these textbooks' definitions of culture, measures of crosscultural success, descriptions of the dimensions along which cultures differ, the side(s) of the lawyer-client relationship on which they focus, and the behaviors they suggest. The essay argues these texts are at their best when they define culture both broadly and fluidly, …
The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews
The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews
UC Law Journal of Race and Economic Justice
This article argues that the conception of sexual harassment as simply a gendered harm is inadequate because sexual harassment is not only about gender but also about race, class, sexual orientation and other realities of existence. Sexual harassment is about power and about keeping particular women out of particular economic spheres. Using the Commonwealth Caribbean as an example, this article concludes that an intersectional understanding of sexual harassment, and a more nuanced understanding of the public/private divide, will lead to better workplace harassment legislation. While much of the focus is on the Commonwealth Caribbean, a North American example suggests that …
Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra
Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra
UC Law Journal of Race and Economic Justice
This note identifies the overwhelming influence of how the race of the victim and the defendant affects prosecutors and juries in capital punishment cases. The author focuses on the legislative and judicial shortcomings that have lead to a failure in proscribing and combating the issue of purposeful discrimination against minority defendants. The author proffers different remedies to address this problem, citing ideas mentioned in several state court cases as well as various federal legislative attempts to protect against racial discrimination in the application of capital punishment.
Introduction To Economic Justice Symposium, Adam Zapala
Introduction To Economic Justice Symposium, Adam Zapala
UC Law Journal of Race and Economic Justice
No abstract provided.
Wealth Inequality Panel, Andy Barlow, James Head
Wealth Inequality Panel, Andy Barlow, James Head
UC Law Journal of Race and Economic Justice
No abstract provided.
Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser
Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser
UC Law Journal of Race and Economic Justice
Historically, physicians of color experienced significant barriers in their continued assimilation into the health care profession. Although managed care organizations do not appear to purposefully discriminate against physicians of color, the selection criteria utilized by these networks coupled with underlying biases have resulted in a disproportionate exclusion of minority physicians. By analyzing the norms and practices of managed care organizations, the author highlights possible causes of this disparity. Additionally, after addressing the inadequacy of using current civil rights laws to redress discrimination in the medical market, the author offers several innovative local, state, and federal remedies as potential alternative avenues …
Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio
Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio
UC Law Journal of Race and Economic Justice
This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government-run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations of American …