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Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb
UIC Law Open Access Faculty Scholarship
No abstract provided.
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb
UIC Law Open Access Faculty Scholarship
No abstract provided.
Do Black Lives Matter? Race As A Measure Of Injury In Tort Law, 18 Scholar: St. Mary's L. Rev. & Soc. Just. 41 (2016), Alberto Bernabe
Do Black Lives Matter? Race As A Measure Of Injury In Tort Law, 18 Scholar: St. Mary's L. Rev. & Soc. Just. 41 (2016), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
Discussions of race-related issues are a constant in American society. Within the last year alone, there have been several high profile events that have prompted important debates about race. Most of the events attracting nationwide attention involved the conduct of law enforcement agents, including incidents in which unarmed black men died at the hands of police officers, peaceful protests that turned violent following the failure to indict the police officers involved in those cases and the use of excessive force on black teenagers attending social events and while at school. Other events included the racial identity controversy regarding a member …
The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii
The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
This Essay begins by understanding the law school crisis through the framework of disaster capitalism. This framing uncovers the ways in which reformers are taking advantage of the current crisis to restructure legal education. Under the circumstances, faculty may reasonably read the contemporaneous student-led movement to require trigger warnings in the classroom as an assault on academic freedom. This reading, however, clouds the water. Part II attempts to clear the confusion by decoupling the trigger-warning movement from the broader phenomenon of law school corporatization. Trigger-warning demands might alternatively be read as a student critique of traditional law school pedagogy. Especially …
Between Black And White: The Coloring Of Asian Americans, 14 Wash. U. Global Stud. L. Rev. 637 (2015), Kim D. Chanbonpin
Between Black And White: The Coloring Of Asian Americans, 14 Wash. U. Global Stud. L. Rev. 637 (2015), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
As in other ethnic and racial groups, colorism plays a significant role in the social interactions in and among Asian Americans. Investigating colorism in the Asian American community provides insights into how group members construct their own racial identities in relation to the broader race-stratified society. A colorism inquiry is a necessary intervention into the existing discourse of Asian American identity construction because it complicates common understandings of the Black/White binary in ways that shed new light on inter- and intra-racial relationships. This article addresses colorism in the Asian American community, and demonstrates both how Asian Americans have been racialized …
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
Because of intensifying civil strife over the recent killings of unarmed Black men, women, and boys, many Americans are wondering, “What's wrong with our police?” Remarkably, one of the most compelling but unexplored explanations may rest with an FBI warning of October, 2006, which reported that “[W]hite supremacist infiltration of law enforcement” represented a significant national threat.
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …
Checking Out Of The Exception To 3-104: Why Parties Should Be Able To Negotiate Whether Checks Should Be Payable On Demand, 3 Colum. J. Race & L. 73 (2013), Linda R. Crane
UIC Law Open Access Faculty Scholarship
Many aspects of American society, including its legal system, operate to the disadvantage of minorities. Obvious examples include inequities in our criminal/justice system and in school funding. Much has been written on those and other topics. This article focuses on another example, specifically on how a sweeping change to an obscure banking rule regulating the check collection process has negatively affected consumers in general, and minority groups in particular.
U.S. check collections require a complex system comprised of a variety of institutions including commercial banks, savings and loans, savings banks, and credit unions, as well as the customers who rely …
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Ethics Of Letting Civilians Die In Afghanistan: The False Dichotomy Between Hobbesian And Kantian Rescue Paradigms, 59 Depaul L. Rev. 899 (2010), Samuel Vincent Jones
The Ethics Of Letting Civilians Die In Afghanistan: The False Dichotomy Between Hobbesian And Kantian Rescue Paradigms, 59 Depaul L. Rev. 899 (2010), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond
Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond
UIC Law Open Access Faculty Scholarship
Popular film has a lot to teach us about social narratives of law. Both law and film are story-telling, narrative systems. Accordingly, films about law are "overdetermined" in terms of narrative: they are stories about stories. Race is also a narrative system in which visual representation is key. The significance of the visual apprehension of race is deeply relevant to the legal construction of race as well. For example, in early citizenship cases and racial "passing" cases which persisted through the latter part of the 2 0th century. Since society constructs racial categories in large part by visual identification and …
Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk
Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk
UIC Law Open Access Faculty Scholarship
No abstract provided.
No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp
No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii
No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
This Article reflects on the infamous decision in Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857), in which the Supreme Court of the United States upheld the constitutionality of slavery. This Article considers this infamous case and the distance the nation has come since it was decided as well as its continuing legacy on the contemporary American struggle for racial equality. In Dred Scott the Court held that slavery was constitutional because it was consistent with the intent of the Framers and because black people were "a subordinate and inferior class of beings who... whether emancipated or not.., …
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii
The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Some Potential Causalities Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, 12 Wash. & Lee J. Civ. Rts. & Soc. Just. 81 (2005), Rogelio A. Lasso
Some Potential Causalities Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, 12 Wash. & Lee J. Civ. Rts. & Soc. Just. 81 (2005), Rogelio A. Lasso
UIC Law Open Access Faculty Scholarship
No abstract provided.
From Gibbons To Lopez: Does The Commerce Clause Remain A Viable Tool For Eliminating The Vestiges Of Slavery, 4 Barry L. Rev. 71 (2003), Linda R. Crane
From Gibbons To Lopez: Does The Commerce Clause Remain A Viable Tool For Eliminating The Vestiges Of Slavery, 4 Barry L. Rev. 71 (2003), Linda R. Crane
UIC Law Open Access Faculty Scholarship
No abstract provided.
In The Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending Under A New Theory Of Economic Hate Crime, 35 U. Tol. L. Rev. 211 (2003), Cecil J. Hunt Ii
In The Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending Under A New Theory Of Economic Hate Crime, 35 U. Tol. L. Rev. 211 (2003), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
No abstract provided.
Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler
UIC Law Open Access Faculty Scholarship
Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …
Forgive U.S. Our Debts? Righting The Wrongs Of Slavery, 89 Geo. L.J. 2531 (2001), Kevin Hopkins
Forgive U.S. Our Debts? Righting The Wrongs Of Slavery, 89 Geo. L.J. 2531 (2001), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
No abstract provided.
Reflections From The Chair-The Road Taken: Honoring The Decade Of Scholarship By Law Professors Of Color In U.S. Law Schools And The People Of Color Movement (1989-1999), 20 B. C. Third World L. J. 13 (2000), Linda R. Crane
UIC Law Open Access Faculty Scholarship
No abstract provided.
Introduction To The Symposium On The Works In Progress Presented During The First National Meeting Of The Six Regional People Of Color Legal Scholarship Conferences: March 25-27, 1999, 36 Cal. W. L. Rev. 1 (1999), Linda R. Crane
UIC Law Open Access Faculty Scholarship
No abstract provided.
Back To Afrolantica: A Legacy Of (Black) Perseverance?, 24 N.Y.U. Rev. L. & Soc. Change 447 (1998), Kevin Hopkins
Back To Afrolantica: A Legacy Of (Black) Perseverance?, 24 N.Y.U. Rev. L. & Soc. Change 447 (1998), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
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
“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 …
Forum: Colorizing The Law School Experience, 1991 Wisc. L. Rev. 1427 (1991), Linda R. Crane
Forum: Colorizing The Law School Experience, 1991 Wisc. L. Rev. 1427 (1991), Linda R. Crane
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng
The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.