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Articles 1 - 30 of 31
Full-Text Articles in Law
True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen
True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen
Michigan Law Review
In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R. V. R.D.S., Richard F. Devlin
Dalhousie Law Journal
In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …
Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.
Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.
University of the District of Columbia Law Review
The focus of this Article, however, is on the more pervasive problem of overzealous police officers acting on less than probable cause or even less than reasonable articulable suspicion. Police officers may frequently act on hunches or suspicions with the attitude that their actions will not be questioned, especially when the victim is a minor and may not be savvy enough to know his or her legal rights. Officers may believe they can act with impunity because of the combination of socio-economic conditions in public housing areas and in other low-income housing areas, or where there are a substantial number …
Democracy And Dis-Appointment, Lani Guinier
Democracy And Dis-Appointment, Lani Guinier
Michigan Law Review
A Review of The Tyranny of the Majority: Fundamental Fairness in Representative Democracy
History's Stories, Stephan Landsman
History's Stories, Stephan Landsman
Michigan Law Review
A Review of Stories of Scottsboro by James Goodman
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Florida State University Law Review
No abstract provided.
Discrimination In The Education Process Based On Race, Deborah Mayo-Jeffries
Discrimination In The Education Process Based On Race, Deborah Mayo-Jeffries
North Carolina Central Law Review
No abstract provided.
Power Ethnicized: The Pursuit Of Protection And Participation In Rwanda And Burundi, Linda Maguire
Power Ethnicized: The Pursuit Of Protection And Participation In Rwanda And Burundi, Linda Maguire
Buffalo Journal of International Law
No abstract provided.
Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin
Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin
Florida State University Law Review
No abstract provided.
An End To Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Larry Norton, Marc Linder
An End To Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Larry Norton, Marc Linder
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Fantasy, Celebrity, And Homicide, Thomas Morawetz
Fantasy, Celebrity, And Homicide, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Foreword: A New Journal Of Color In A "Colorblind" World, Frank Rudy Cooper, Jerome Mccristal Culp Jr, Lovita Tandy
Foreword: A New Journal Of Color In A "Colorblind" World, Frank Rudy Cooper, Jerome Mccristal Culp Jr, Lovita Tandy
Scholarly Works
In this foreword for the inaugural issue of the African-American Law & Policy Report (ALPR), Professor Frank Rudy Cooper and his colleagues present articles, which contribute to the debate that this premier issue presents: an important discussion about race that majoritarian concerns impede. The majoritarian story basically states that race is not important or race can only be examined in a "colorblind" way or that race can only be considered if we do not upset the existing power arrangements that keep African Americans and other racial groups in their place. This journal is important to ventilate those concerns because the …
Balanced Scholarship And Racial Balance, Brian K. Landsberg
Balanced Scholarship And Racial Balance, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …
Re-Imagining The Latino/A Race, Ángel Oquendo
Re-Imagining The Latino/A Race, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier
Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier
Dianne Pothier Collection
In my assessment there is a genuine and strong commitment to affirmative action and anti-racism at the MSSW. But that in itself is only the beginning. Real cross cultural understanding is a major challenge, and needs to be constantly worked at. In the process, mistakes will be made on all sides. Allowances need to be made for that. The School looks at itself compared to other institutions; critics look at the School compared to an ideal world. Neither perspective holds the complete truth. The MSSW needs to continue to work at the effectiveness of its affirmative action program, defining that …
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman
Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman
Articles
Three years ago, with the publication of his article ''An Asymmetrical Approach to the Problem of Peremptories" in this journal, Professor Friedman initiated a debate on the subject that was taken up in 1994 by three prosecutors who offered a rebuttal that was also printed in these pages. Professor Friedman continues the debate.
Integrating The "Underclass": Confronting America's Enduring Apartheid, Olatunde C.A. Johnson
Integrating The "Underclass": Confronting America's Enduring Apartheid, Olatunde C.A. Johnson
Faculty Scholarship
Douglas Massey and Nancy Denton's American Apartheid argues that housing integration has inappropriately disappeared from the national agenda and is critical to remedying the problems of the so-called "underclass." Reviewer Olati Johnson praises the authors' refusal to dichotomize race and class and the roles both play in creating and maintaining housing segregation. However, she argues, Massey and Denton fail to examine critically either the concept of the underclass or the integration ideology they espouse. Specifically, she contends, the authors fail to confront the limits of integration strategies in providing affordable housing or combating the problem of tokenism. Massey and Denton …
Affirmative Action As A Women's Issue, Helen Norton
Affirmative Action As A Women's Issue, Helen Norton
Publications
No abstract provided.
Towards Democracy In A New South Africa, Adrien Katherine Wing
Towards Democracy In A New South Africa, Adrien Katherine Wing
Michigan Journal of International Law
Review of Constitutional Options for a Democratic South Africa: A Comparative Perspective by Ziyad Motala
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R V Rds, Richard F. Devlin Frsc
We Can't Go On Together With Suspicious Minds: Judicial Bias And Racialized Perspective In R V Rds, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In recent years it has been recognized that the Canadian judiciary has been drawn from only a relatively small cross section of the community, specifically privileged white males. As a result there have been calls for, and some action in pursuit of, appointment processes that are designed to diversify the bench in order to render it more inclusive. Gender and race are the two primary categories that are invoked as the benchmarks of diversity. While it would appear that numerically there seems to be some very modest progress towards the goal of achieving a more inclusive judiciary, significant qualitative, institutional …
Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman
Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman
All Faculty Scholarship
No abstract provided.
Defending Racial Violence, Anthony V. Alfieri
Language And Silence: Making Systems Of Privilege Visible, Adrienne D. Davis, Stephanie M. Wildman
Language And Silence: Making Systems Of Privilege Visible, Adrienne D. Davis, Stephanie M. Wildman
Scholarship@WashULaw
A colleague of mine once had a dream in which I appeared. My colleague, who is African-American, was struggling in this dream to be himself in the presence of a monolithic white maleness that wanted to oppress my friend and deny his intellect, his humanity, and his belonging in our community. In his dream, I, a white woman, attempted to speak on his behalf, but the white man and I spoke as if my friend were not there.
This portrayal disturbed me because I know my friend can speak for himself. Recognizing this fact, he described my discomfort at participating …
Does America Have The Will To Stop Aids, 27 J. Marshall L. Rev. 457 (1994), Ben Merrill
Does America Have The Will To Stop Aids, 27 J. Marshall L. Rev. 457 (1994), Ben Merrill
UIC Law Review
No abstract provided.
Irrationality And Sacrifice In The Welfare Reform Consensus, Dorothy E. Roberts
Irrationality And Sacrifice In The Welfare Reform Consensus, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Genetic Tie, Dorothy E. Roberts
Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp
Black Rage: The Illegitimacy Of A Criminal Defense, 29 J. Marshall L. Rev. 205 (1995), Kimberly M. Copp
UIC Law Review
No abstract provided.
Color-Coded Standing, Girardeau A. Spann
Color-Coded Standing, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
Remarkably, the Supreme Court has held that whites who wish to challenge the constitutionality of affirmative action plans have standing to do so. In Northeastern Florida Chapter of the Associated General Contractors v. City of Jacksonville the Supreme Court upheld the standing of non-minority construction contractors to challenge a minority setaside program under the Equal Protection Clause of the United States Constitution. What is remarkable is not that the result reached in the case was wrong, but that the Court was able to reach that result given its most recent standing precedents. In previous Terms, the Supreme Court had taken …
Race And Representation After Miller V. Johnson, Richard Briffault
Race And Representation After Miller V. Johnson, Richard Briffault
Faculty Scholarship
This Article considers the Supreme Court's two approaches to race and representation: the constrained proportionality of the vote-dilution cases and the strict scrutiny of racially motivated districting. Part I traces the development of these two doctrines, examines their conceptual underpinnings, and considers some of the questions the Court will have to answer as it elaborates its new approach to the use of race in the design of electoral systems.
Part II explores the tension between the Court's two approaches. The concern with racial motivation proceeds from an underlying normative assumption about the place of race in politics that is profoundly …