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Law and Race

2009

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Articles 1 - 30 of 91

Full-Text Articles in Law

Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges, John P. Bringewatt Dec 2009

Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges, John P. Bringewatt

Michigan Law Review

In March 2008, the Supreme Court decided Snyder v. Louisiana, the latest in the line of progeny of Batson v. Kentucky. This Note demonstrates that Snyder is part of a historical pattern of Supreme Court decisions concerning the use of peremptory challenges in which the Court has moved away from permitting the unfettered use of the peremptory challenge in favor of stronger Equal Protection considerations. Snyder alters the requirements for trial judges in deciding Batson challenges by requiring them to provide some explanation of their reasons for accepting a prosecutor's justification of a peremptory challenge. Snyder is the latest ...


Rethinking Minority Business Development Strategies, Robert E. Suggs Dec 2009

Rethinking Minority Business Development Strategies, Robert E. Suggs

Robert E. Suggs

Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating ...


Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz Dec 2009

Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz

Chicago-Kent Law Review

In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to ...


Another Interdisciplinary Collaboration—This Time With A Professor Of German!, Antoinette M. Sedillo Lopez Nov 2009

Another Interdisciplinary Collaboration—This Time With A Professor Of German!, Antoinette M. Sedillo Lopez

Faculty Scholarship

The University of New Mexico International Studies Institute has a relationship with the German government in which the Institute runs a summer program at a castle near Dusseldorf known as Schloss-Dyck. In summer 2010, I am going to have the privilege of teaching in the program with a Jason Wilby, a UNM visiting Professor of German. We put a joint proposal together. He will teach about the culture, political environment and constitutional framework right after the Weimar Republic was created as a result of WWI. I will teach about the Nuremberg trials, with a particular focus on the trial of ...


Reflections On Recommendation 12, Naiomi Metallic Oct 2009

Reflections On Recommendation 12, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Regarding the Marshall Commission Report’s recommendation for increased representation of racialized persons within the judiciary.


Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior Oct 2009

Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior

Department of Political Science and Law Faculty Scholarship and Creative Works

Partisan theories of political economy expect that bondholders will panic with the election of a left-wing presidential candidate. The latter seems to be what happened in Brazil in the 2002 presidential elections. However, quantitative analysis of perceptions of sovereign credit risk in Argentine, Brazilian, Mexican, and Venezuelan presidential elections from 1994 until 2007 shows no real evidence of a link between partisanship and perceptions of risk, even if the left-right divide is further broken down into left, center-left, center-right, right. Instead, international and domestic economic fundamentals have a stronger influence on risk evaluations. Qualitative analysis of the individual presidential elections ...


The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James Oct 2009

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James

Faculty Scholarship

This Symposium Essay examines the campaign that led up to the last presidential election to illuminate the complex interplay between race and class within our society. Specifically, it explores how race and class functioned together to disadvantage President Obama in the race to the White House (even as he ultimately won the election). Section II focuses on how Obama’s income, job status, and prestigious education functioned as markers of elitism during the campaign, even as compared to opponents with more elite and wealthier backgrounds, and how these factors were used as tools by his opponents to convince lower-class white ...


Celebrating Critical Race Theory At 20, Angela Onwuachi-Willig Jul 2009

Celebrating Critical Race Theory At 20, Angela Onwuachi-Willig

Faculty Scholarship

The year 2009 marks the twentieth anniversary of the first Critical Race Theory (CRT) workshop. On July 8, 1989, more than twenty scholars "who were interested in defining and elaborating on the lived reality of race, and who were open to the aspiration of developing theory" gathered together at a workshop in Madison, Wisconsin. 1 The 1989 workshop, which was spearheaded by Kimberle Crenshaw and organized by her, Neil Gotanda, and Stephanie Phillips, also included as its participants Anita Allen, Taunya Banks, Derrick Bell, Kevin Brown, Paulette Caldwell, John Calmore, Harlon Dalton, Richard Delgado, Linda Greene, Trina Grillo, Isabelle Gunning ...


A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos Jul 2009

A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos

Faculty Scholarship

Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use outcome-based' assessments, i.e., using learning objectives and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students' performances to each other.


Certificate: Appreciation To Rodney Hurst From Durkeeville Historical Society Jun 2009

Certificate: Appreciation To Rodney Hurst From Durkeeville Historical Society

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Certificate of appreciation to Rodney Hurst for his valuable contributions to Durkeeville Historical Society Inc. June 27, 2009.


Commencement Address, Cuny School Of Law, Margaret E. Montoya May 2009

Commencement Address, Cuny School Of Law, Margaret E. Montoya

Faculty Scholarship

Who we are, how we see ourselves, how we want to be seen, what we value, how our memories connect us to specific histories in specific places — we communicate this information best through narratives. In Spanish we sometimes call such stories cuentos — an accounting. I encourage all of you to take time over the next few days to celebrate your graduation, this singular accomplishment of your lives, by accounting — by telling stories to those who have helped you, held you up, fed you, wiped your tears, paid your bills. Share your recollections.


Racist, Robert E. Steinbuch May 2009

Racist, Robert E. Steinbuch

Faculty Scholarship

No abstract provided.


Program: Jacksonville Historic Preservation Commission Preservation Awards May 2009

Program: Jacksonville Historic Preservation Commission Preservation Awards

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Jacksonville Historical Preservation Commission awards held on May 1, 2009


Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr. Apr 2009

Indoor Brothel List By Senate District In Rhode Island, May 2009, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Because of decriminalized prostitution, the number of places where there is indoor prostitution is rapidly increasing. The following is a partial list that demonstrates the escalating problem in Rhode Island, particularly since the Korean spa-brothels are known to be connected to Asian organized crime.


The First Integration Of The University Of Maryland School Of Law, David S. Bogen Apr 2009

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

David S. Bogen

No abstract provided.


Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud Apr 2009

Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud

North Carolina Central Law Review

No abstract provided.


Priam's Lament: The Intersection Of Law And Morality In The Right To Burial And Its Need For Recognition In Post-Katrina New Orleans, Sarah Tomkins Mar 2009

Priam's Lament: The Intersection Of Law And Morality In The Right To Burial And Its Need For Recognition In Post-Katrina New Orleans, Sarah Tomkins

University of the District of Columbia Law Review

Priam's lament might resound with those of us who saw certain images after Hurricane Katrina struck New Orleans three short years ago: bodies of beloved mothers, fathers, sisters, and brothers dangling from house rafters and left to rot on street corners and in basements for months. The remaining unidentified victims were interred last summer at a new memorial, after spending the three years since Hurricane Katrina in a storage facility.3 How could this happen? In America, we might not expect the intercession of gods, but we do expect our government to set reasonable limits on human suffering. Were ...


Certificate Of Appreciation Presented To Rodney Hurst For Participation In The Enaable And Blue Cross Blue Shield Of Florida 2009 Black History Month Celebration Feb 2009

Certificate Of Appreciation Presented To Rodney Hurst For Participation In The Enaable And Blue Cross Blue Shield Of Florida 2009 Black History Month Celebration

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate presented to Rodney Hurst in appreciation for participation in the ENAABLE and Blue Cross Blue Shield of Florida 2009 Black History Month celebration. February 17, 2009


Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan Feb 2009

Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan

Michigan Law Review

Under section 2 of the Voting Rights Act, illegal vote dilution exists when an electoral standard, practice, or procedure results in a denial or abridgement of the right to vote on account of race or color Plaintiffs demonstrate vote dilution by introducing evidence regarding a variety of objective factors, including whether voting in the jurisdiction in question is polarized along racial lines. In 1993, the Fifth Circuit adopted a new standard for section 2 plaintiffs trying to prove racially polarized voting. The Fifth Circuit held that demonstrating a mere correlation between race and vote was insufficient to establish racially polarized ...


Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority Jan 2009

Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Rechargeable SmartTrip Metro card issued to celebrate the inauguration of President Barak Obama, January 20, 2009. One day Metro pass "Celebrating the Inauguration of Barack Obama, 44th President of the United States"


Envelope, Inauguration Day, President Of The United States, Barack Obama Jan 2009

Envelope, Inauguration Day, President Of The United States, Barack Obama

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Envelope with image of Barak Obama, "Inauguration Day, President of the United States Barak Hussein Obama, Sponsored by the George Washington Masonic Stamp Club".


Plenary Session – Teaching, Service And Scholarship: Overcoming Challenges, Realizing Opportunities, Brenda V. Smith, Danielle Holley-Walker, Kristin N. Johnson, Rose Cuison Villazor Jan 2009

Plenary Session – Teaching, Service And Scholarship: Overcoming Challenges, Realizing Opportunities, Brenda V. Smith, Danielle Holley-Walker, Kristin N. Johnson, Rose Cuison Villazor

Presentations

No abstract provided.


When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki Jan 2009

When Something Is Not Quite Right: Considerations For Advising A Client To Seek Mental Health Treatment, Carol M. Suzuki

Hastings Race and Poverty Law Journal

This article explores the important role that lawyers are afforded in evaluating the mental health concerns of clients. The article advocates that, where a lawyer has concerns about the mental, cognitive, or emotional health of a client, the lawyer should counsel the client to consider seeking appropriate mental health treatment. While acknowledging that counseling a client to seek mental health treatment is not an intuitive aspect of providing legal services, the article argues that humanitarian concerns, as well as the Model Rules of Professional Responsibility allow, and in some situations perhaps require, a lawyer to consider providing such a referral ...


Determining The (In)Determinable: Race In Brazil And The United States, D. Wendy Greene Jan 2009

Determining The (In)Determinable: Race In Brazil And The United States, D. Wendy Greene

Michigan Journal of Race and Law

In recent years, the Brazilian states of Rio de Janeiro, So Paulo, and Mato Grasso du Sol have implemented race-conscious affirmative action programs in higher education. These states established admissions quotas in public universities for Afro-Brazilians or afrodescendentes. As a result, determining who is "Black'' has become a complex yet important undertaking in Brazil. Scholars and the general public alike have claimed that the determination of Blackness in Brazil is different than in the United States; determining Blackness in the United States is allegedly a simpler task than in Brazil. In Brazil it is widely acknowledged that most Brazilians are ...


Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price Jan 2009

Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price

Michigan Journal of Race and Law

Research shows the mere presence of Blacks on capital juries-- on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully ...


Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro Jan 2009

Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro

Faculty Scholarship

No abstract provided.


Cultivating Native Intellect And Philosophy: A Community Symposium, Tribal Law Journal Jan 2009

Cultivating Native Intellect And Philosophy: A Community Symposium, Tribal Law Journal

Tribal Law Journal

Cultivating Native Intellect and Philosophy: A Community Symposium Recognizing and Discussing the Contributions of Christine Zuni Cruz was the title of a March 10 symposium at the University of New Mexico School of Law.

Zuni Cruz's work was discussed in two panel discussions, which focused on Native thought and philosophy in tribal courts and community lawyering.


Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore Jan 2009

Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore

Hastings Race and Poverty Law Journal

This article examines the holding in the archetypal case onstanding, Warth v. Seldin, through the lens of racial and economic discrimination. In Warth, five sets of plaintiffs brought a claim challenging the city of Penfield's zoning ordinances that prevented the construction of low and moderate-income housing in the area. The plaintiffs included low income, African- American and Puerto Rican residents of a nearby city who sought low income housing options in Penfield, taxpayers in the neighboring city, and a non-profit organization dedicated to combating discrimination in housing. The U.S. Supreme Court held that none of the plaintiffs had ...


Mean Streets: Violence Against The Homeless And The Makings Of A Hate Crime, Raegan Joern Jan 2009

Mean Streets: Violence Against The Homeless And The Makings Of A Hate Crime, Raegan Joern

Hastings Race and Poverty Law Journal

In 1999 the National Coalition for the Homeless began to document incidents of hate crime and violence against homeless people in an annual report. The statistics and stories in these reports demonstrate a disturbing rise in violent attacks and murders of homeless people across the country. This note argues that these attacks, whereby the perpetrator targets the victim because he or she is homeless, meet the legal definition for a bias motivated or hate crime. Bias motivated crimes against the homeless are bred in a social context that devalues homeless people's lives and pinpoints them as appropriate targets for ...


San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt Jan 2009

San Fransisco Public Housing As An Avenue For Empowerment: The Case For Spirited Compliance With Tenant Participation Requirements, Nicole Schmidt

Hastings Race and Poverty Law Journal

This note examines the spirit and letter of statutes aimed at improving the state of public housing in America, focusing on the realities of the San Francisco Housing Authority's jurisdiction. The Quality Housing and Work Responsibility Act of 1998 devolved responsibility for public housing administration to local housing authorities and in turn required that each jurisdiction submit an Annual Plan detailing all aspects of the local housing programs. In addition, the Act required that Resident Advisory Boards be established to gather information and concerns from tenants and present them to local authorities for consideration and comment. The vague language ...