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Law and Race

1996

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Articles 1 - 30 of 57

Full-Text Articles in Law

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler Nov 1996

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 Oct 1996

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 our ...


Using The Law To Break Discriminatory Barriers To Fair Lending For Home Ownership, David H. Harris Jr. Oct 1996

Using The Law To Break Discriminatory Barriers To Fair Lending For Home Ownership, David H. Harris Jr.

North Carolina Central Law Review

No abstract provided.


Can Affirmative Action Survive In Education, Shawna A. Early Oct 1996

Can Affirmative Action Survive In Education, Shawna A. Early

North Carolina Central Law Review

No abstract provided.


Black Man, White Justice: The Extradition Of Matthew Bullock, An African-American Residing In Ontario, 1922, John C. Weaver Oct 1996

Black Man, White Justice: The Extradition Of Matthew Bullock, An African-American Residing In Ontario, 1922, John C. Weaver

Osgoode Hall Law Journal

Canadian extradition law uncomfortably combines common law precepts with compromises deemed necessary for carrying out treaty obligations. In this context, for example, the substitution of affidavits for parol evidence has been an area where international courtesy has clashed with a valued means of testing an allegation, namely the cross-examination of witnesses. To reject an application for extradition because only documentary evidence is provided can amount to a censure of judicial proceedings in the state making the request; rejection may suggest that a fair trial cannot be secured. In 1922, in a sensational but hitherto uncited case, an Ontario extradition judge ...


Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph Jul 1996

Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph

Washington Law Review

It has been forty-three years since the Supreme Court decided Brown v. Board of Education. In this Article, the author argues that the Court's recent decision, Missouri v. Jenkins, presages the end of court-enforced school desegregation. In addition, Jenkins shows that the Court is unwilling to confront its doctrinal principles in the area, preferring instead to base its decisions on relatively narrow, case-specific grounds. Jenkins therefore reveals that the Court will end this important era in our constitutional history quietly, gradually and without articulating its justifications. The author also contends that the reasons for curtailing desegregation remedies proffered by ...


The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya Jun 1996

The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya

University of Michigan Journal of Law Reform

This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it occurs ...


Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura May 1996

Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura

Michigan Law Review

A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster


The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl May 1996

The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl

Michigan Law Review

A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice


Dream Makers: Black Judges On Justice, Julian Abele Cook Jr. May 1996

Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.

Michigan Law Review

A Review of Linn Washington, Black Judges on Justice


Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis May 1996

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America


Context And Legitimacy In Federal Indian Law, Philip P. Frickey May 1996

Context And Legitimacy In Federal Indian Law, Philip P. Frickey

Michigan Law Review

A Review of Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life


Comments By Angel Oquendo, Ángel Oquendo Apr 1996

Comments By Angel Oquendo, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Race And Place: Geographic And Transcendent Community In The Post-"Shaw" Era, Lisa A. Kelly Mar 1996

Race And Place: Geographic And Transcendent Community In The Post-"Shaw" Era, Lisa A. Kelly

Vanderbilt Law Review

In the Preface to Colored People, Henry Louis Gates, Jr., describes and explains for his daughter, Liza, communities characterized by race. Throughout his memoir, Professor Gates re- creates communities local and communities transcendent. In one passage, he insists that he is "from and of a time and place-Piedmont, West Virginia... slathered along the ridge of 'Old Baldie' mountain like butter on the jagged side of a Parker House roll." The geography of place, even within the small town of Piedmont, is central. Italian neighborhoods in the west, Irish neighborhoods up on "Arch Hill," wealthy white neighborhoods defined by the block ...


Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor Feb 1996

Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor

Michigan Law Review

This Note argues that groups seeking to correct underrepresentation caused by the differential undercount do not have standing to sue the Secretary of Commerce but that they can sue their state governments in an effort to force them to use the best population data available in the construction of congressional districts. Part I details the deeply rooted character of the differential undercount, describes statistical means that could have been employed to adjust the 1990 census, and demonstrates that the adjusted count surpasses the official census as an accurate representation of the true population. Part II examines recent litigation that has ...


A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford Jan 1996

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.


Human Rights, Environmental Racism: The Nigerian Executions And The Case For The Ogoni, Wendy Irvine Jan 1996

Human Rights, Environmental Racism: The Nigerian Executions And The Case For The Ogoni, Wendy Irvine

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider Jan 1996

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.


Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly Jan 1996

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 ...


Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald Jan 1996

Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald

Michigan Journal of Race and Law

Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part ...


Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons Jan 1996

Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons

Michigan Journal of Race and Law

Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.


Thinking, Talking And Teaching On Race: Derrick Bell’S "The Space Traders", Katheryn Russell-Brown Jan 1996

Thinking, Talking And Teaching On Race: Derrick Bell’S "The Space Traders", Katheryn Russell-Brown

UF Law Faculty Publications

This paper describes and evaluates a writing exercise for an upper level criminal justice course. A hypothetical scenario is used to broach and encourage thoughtful discussion on race and crime. Use of the hypothetical allows students to openly consider issues of race, crime, and criminal justice and the intersections between these areas.


The Empitness Of Majority Rule, Luis Fuentes-Rohwer Jan 1996

The Empitness Of Majority Rule, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

In this Note, the author steers away from the current substantive debates surrounding the Voting Rights Act, its various amendments, and the "correct" way of interpreting its intended benefits and constitutionally accepted mandates. Instead, indirectly joins the many "radical" voices advocating for a departure from the majoritarian stranglehold-the decision-making process where fifty percent plus one of the voting population carry the election. The author does so not by suggesting yet another mechanism by which representatives may be elected, but by critiquing the perceived underpinnings of our democratic system of government. The author does not profess to delineate a definitive interpretation ...


Drawing The Line On Incumbency Protection, Sally Dworak-Fisher Jan 1996

Drawing The Line On Incumbency Protection, Sally Dworak-Fisher

Michigan Journal of Race and Law

In an effort to fill the void in scholarly debate and legal analysis, this Note evaluates incumbency protection as a redistricting principle and analyzes its treatment in various court opinions. After arguing that protecting incumbents is not a legitimate redistricting objective, this Note illustrates how the Supreme Court and lower federal courts have been reluctant to pass judgment on incumbency protection. This Note contrasts this "hands-off" approach to the strict scrutiny afforded claims of racial gerrymandering and argues that such an approach enables incumbents to manipulate the Voting Rights Act for their self-interest. Additionally, this Note argues that incumbents, a ...


The Legacy Of Korematsu V. United States: A Dangerous Narrative Retold, Dean M. Hashimoto Jan 1996

The Legacy Of Korematsu V. United States: A Dangerous Narrative Retold, Dean M. Hashimoto

Dean M. Hashimoto

No abstract provided.


Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis Jan 1996

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 ...


Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms Jan 1996

Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms

Michigan Journal of Race and Law

In her article, "The Black Community," Its Lawbreakers, and a Politics of Identification, Professor Regina Austin proposes a paradigm to move the Black community beyond a "manifestation of a nostalgic longing for a time when blacks were clearly distinguishable from whites and concern about the welfare of the poor was more natural than our hairdos.” Austin's politics of identification provides the conceptual framework through which the Black community can reconstitute itself in accordance with its own principles, which may or may not be those embraced by the mainstream. This article considers Professor Regina Austin’s politics of identification as ...


The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson Jan 1996

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Michigan Journal of Race and Law

This article will address specifically the relationship between race and credibility in legal cases, while acknowledging that broader bias issues are often, though sometimes imperceptibly, intertwined in racially biased credibility determinations. Part I will survey race and credibility issues that have arisen in courts, with particular focus on two modern habeas corpus cases. Part II will summarize the legal rules that presently regulate racially influenced assessments of credibility; it may surprise some readers to realize that there is no established mechanism for challenging racially biased credibility determinations. Part I will propose some standards for determining when race is permissibly used ...


The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson Jan 1996

The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson

Michigan Journal of Race and Law

This article will discuss the use of the film, Who Killed Vincent Chin?, as a method: (1) to analyze the relationship of social constructions of identity, particularly race, on the rules and discretionary application of criminal jurisprudence; (2) to provide an interactive pedagogical tool for law teachers, especially criminal law teachers, to examine the social contexts of criminal jurisprudence from multiple perspectives; and (3) to examine the ability of criminal law doctrine to address issues of race.


The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner Jan 1996

The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner

Michigan Journal of Race and Law

This Article focuses on one particular aspect of the colorblind thesis: the misuse of Martin Luther King, Jr.'s image and legacy by liberals, neoliberals, conservatives, and neoconservatives "who cheaply invoke Dr. King's words even as they kill the substance and spirit of his radical message." The campaign supporting the adoption of Proposition 209, the California Civil Rights Initiative ("CCRI"), directly illustrates the misappropriation of King's legacy. Supporters of this anti-affirmative action proposal which calls for racial neutrality and a colorblind America, regularly invoked King's name, suggesting that he would have embraced such a measure. The California ...