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Articles 1 - 30 of 32
Full-Text Articles in Law
The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler
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
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 …
Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance
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
Comments By Angel Oquendo, Ángel Oquendo
Comments By Angel Oquendo, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
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
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 …
Race Law And Justice: The Rehnquist Court And The American Dilemma,, Frank H. Wu
Race Law And Justice: The Rehnquist Court And The American Dilemma,, Frank H. Wu
Faculty Scholarship
No abstract provided.
Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison
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
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
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
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
Affirmative Action: A Rose By Any Other Name, Kingsley R. Browne
Law Faculty Research Publications
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 …
The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts
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
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 …
Juror Empathy And Race, Douglas O. Linder
Beyond Self–Interest: Asian Pacific Americans Toward A Community Of Justice, Frank H. Wu
Beyond Self–Interest: Asian Pacific Americans Toward A Community Of Justice, Frank H. Wu
Faculty Scholarship
No abstract provided.
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
Faculty Scholarship
In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Articles
Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
Publications
No abstract provided.
Three Models Of Affirmative Action Beneficiaries, Thomas W. Merrill
Three Models Of Affirmative Action Beneficiaries, Thomas W. Merrill
Faculty Scholarship
What has caused the affirmative action debate to become so acrimonious? Perhaps some insight may be gained By considering three competing models of affirmative action beneficiaries that underlie this debate: (1) the outsider group model; (2) the interest group model; and (3) what I will call the adversity group model.
The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider
The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider
Vanderbilt Law School Faculty Publications
All the federal tax decisions of the Burger Court are reviewed in order to demonstrate that widely held beliefs about statutory interpretation in tax cases are misleading. For example, although the literature asserts that courts do not distinguish between legislative and interpretive regulations, the Burger Court did give greater deference to legislative regulations. Further, despite some Justices antipathy to legislative history, the Burger Court relied heavily on legislative histories in making its decisions. In addition, the widely held view that the Court eschews tax controversies was found false when compared to other business areas.
A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford
A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford
Vanderbilt Law School Faculty Publications
Using Census data and the Survey of Income Program participation (SIPP), the authors use social science methodology to show that blacks pay more federal income tax than whites at the same income levels.
Sweep Searches--The Rights Of The Community, And The Guarantees Of The Fourth And First Amendments: Moms Of The Chicago Public Housing Complex, Revisit Your Civil And Constitutional Rights And Save Your Babies, Lundy Langston
Journal Publications
African-American babies are an endangered species. They have the potential to live to the ripe old age of fourteen. We are singing new songs of overcoming-overcoming the loss of our babies. However, it's the same song: the lyrics are Black, and the music is, as always, White. Across the nation let us hold hands, let us gather together, let us save our babies. Will the music, the lyrics of our collective songs, save our babies? Is there a collective voice? There must be a collective voice if we are to save our babies and WE must save them if we …
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Scholarly Works
This Note examines the intersection of race and gender in the context of sexual harassment jurisprudence. Since the arrival in this country of the first female African slaves, Black women have experienced sexual harassment on the job. This Note discusses the failure of sexual harassment theory to acknowledge the unique sexual harassment experience of Black women. From the very earliest discussions of sexual harassment, the impact of the race of the victim on the experience and resulting legal claim was ignored. Feminist legal theorists, leaders in issues affecting women, have been slow to acknowledge and integrate the role of race …
The Color Of Money, Paul F. Campos
A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell
A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This legal history article presents a new understanding of the nature of slave property. Slave property was divided and fragmented into many different interests including those with application to real property such life estates, remainders, shifting and spring interests, and leasehold interests. With regard to these interests, the article overlays the first-year, law-school property course onto slaves as property. Property interests in slaves were also divided by credit mechanisms including mortgages and secured credit transactions. Warranties are another example of divided property interests in slaves.
The fragmented, Hohfeldian nature of slave property distributed the stake that southerners had in the …
Identity Notes Part One: Playing In The Light, Adrienne D. Davis
Identity Notes Part One: Playing In The Light, Adrienne D. Davis
Scholarship@WashULaw
This Essay had its origins in a panel held during the Washington College of Law at American University's conference on Race, Law and Justice: The Rehnquist Court and the American Dilemma on September 21, 1995. The title of my panel, "Beyond Black and White: Race Conscious Policies and the 'Other Minorities,'" crafted by the conference organizers accomplishes subtly several things that I hope to continue in more explicit fashion in this Essay. The title challenges false binary racial logic from the position of groups who are neither Black nor white. It also foregrounds the history behind the development of this …
Review Essay: Interrogating Identity, Mary I. Coombs
What Does A White Woman Look Like? Racing And Erasing In Law, Katherine M. Franke
What Does A White Woman Look Like? Racing And Erasing In Law, Katherine M. Franke
Faculty Scholarship
In significant ways, legal texts produce a narrative of national identity. They weave stories about who we are, what we are committed to, and what we expect of one another, individually and collectively. The concept of justiciability can be understood as a set of rules determining what stories courts are allowed to tell about who we are and who we can be. In this sense, Ronald Dworkin's account of judging as writing ongoing chapters in a chain novel provides a compelling conception of law as both describing where we have been and directing where we are going. If the salience …