Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (15)
- Columbia Law School (9)
- University of Miami Law School (9)
- University of New Mexico (8)
- University of Pittsburgh School of Law (7)
-
- UC Law SF (6)
- University of Colorado Law School (4)
- Boston University School of Law (3)
- Florida A&M University College of Law (3)
- Mississippi College School of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- New York Law School (2)
- North Carolina Central University School of Law (2)
- UIC School of Law (2)
- University of Denver (2)
- University of Kentucky (2)
- University of Washington School of Law (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Montclair State University (1)
- Rhode Island College (1)
- Seattle University School of Law (1)
- Selected Works (1)
- SelectedWorks (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- Keyword
-
- Race (21)
- Discrimination (11)
- Race and law (11)
- United States Supreme Court (5)
- Civil rights (4)
-
- Diversity (4)
- Employment discrimination (4)
- Gender (4)
- Minorities (4)
- Slavery (4)
- Affirmative action (3)
- Bias (3)
- Civil Rights (3)
- Class (3)
- Constitutional law (3)
- Disparate impact (3)
- Equal protection (3)
- Ethnicity (3)
- History (3)
- Human rights (3)
- Jurisprudence (3)
- Law reform (3)
- Race discrimination (3)
- Slaves (3)
- United States (3)
- Ashcroft v. Iqbal (2)
- Black (2)
- Capital punishment (2)
- Case studies (2)
- Civil Rights Act of 1964 (2)
- Publication
-
- Faculty Scholarship (24)
- Articles (13)
- University of Miami Race & Social Justice Law Review (8)
- Michigan Journal of Race and Law (7)
- UC Law Journal of Race and Economic Justice (6)
-
- Journal Articles (4)
- Publications (4)
- Journal Publications (3)
- Faculty Publications (2)
- Human Rights & Human Welfare (2)
- Kentucky Law Journal (2)
- North Carolina Central Law Review (2)
- Tribal Law Journal (2)
- University of Michigan Journal of Law Reform (2)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Buffalo Human Rights Law Review (1)
- Carlo A. Pedrioli (1)
- Cedric M. Powell (1)
- Chicago-Kent Law Review (1)
- Department of Sociology Faculty Scholarship and Creative Works (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Faculty Articles and Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Research Publications (1)
- Publication Type
Articles 91 - 108 of 108
Full-Text Articles in Law
Originalism's Race Problem, Jamal Greene
Originalism's Race Problem, Jamal Greene
Faculty Scholarship
For all its proponents' claims of its necessity as a means of constraining judges, originalism is remarkably unpopular outside the United States. Recommended responses to judicial activism in other countries more typically take the form of minimalism or textualism. This Article considers why. Ifocus particular attention on the political and constitutional histories of Canada and Australia, nations that, like the United States, have well-established traditions of judicial enforcement of a written constitution, and that share with the United States a common law adjudicative norm, but whose political and legal cultures less readily assimilate judicial restraint to constitutional historicism. I offer …
Stimulus And Civil Rights, Olatunde C.A. Johnson
Stimulus And Civil Rights, Olatunde C.A. Johnson
Faculty Scholarship
Federal spending has the capacity to perpetuate racial inequality, not simply through explicit exclusion, but through choices made in the legislative and institutional design of spending programs. Drawing on the lessons of New Deal and postwar social programs, this Essay offers an account of the specificfeatures offederal spending that give it salience in structuring racial arrangements. Federal spending programs, this Essay argues, are relevant in structuring racial inequality due to their massive scale, their creation of new programmatic and spending infrastructures, and the choices made in these programs as to whether to impose explicit inclusionary norms on states and localities. …
Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey Fagan, Valerie West
Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey Fagan, Valerie West
Faculty Scholarship
New research has identified the consequences of high rates of incarceration on neighborhood crime rates, but few studies have looked beyond crime to examine the collateral effects of incarceration on the social and economic well being of the neighborhoods themselves and their residents. We assess two specific indicia of neighborhood economic well-being, household income and human capital, dimensions that are robust predictors of elevated crime, enforcement and incarceration rates. We decompose incarceration effects by neighborhood racial composition and socio-economic conditions to account for structural disadvantages in labor force and access to wealth that flow from persistent patterns of residential segregation. …
Shall We Overcome? "Post-Racialism" And Inclusion In The 21st Century, Sheryll Cashin
Shall We Overcome? "Post-Racialism" And Inclusion In The 21st Century, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
The subject of "post-racialism" has been rather topical since Barack Obama was elected President. I greatly appreciate this opportunity to reflect on the extent to which Americans have, or have not, transcended race. The topic interests me tremendously because for many years I have been an advocate for race and class integration, which I addressed at length in my book The Failures of Integration. In The Failures, my main argument for pursuing meaningful integration is that a nation premised on race and class separation renders the "American Dream" of residential choice leading to upward mobility impossibly expensive and …
Reading Charles Black Writing: "The Lawfulness Of The Segregation Decisions" Revisited, Kendall Thomas
Reading Charles Black Writing: "The Lawfulness Of The Segregation Decisions" Revisited, Kendall Thomas
Faculty Scholarship
The year 2010 marked the fiftieth anniversary of the publication of Charles L. Black, Jr.'s "The Lawfulness of the Segregation Decisions." Professor Black's magisterial essay on the Supreme Court's 1954-1955 decisions in Brown v. Board of Education and its companion cases is, by any account, a foundational text in the scholarly literature on race and law in the United States. Black's short but searing defense of Brown introduced ideas and arguments about race, about law, and about the law of race that transformed the field. I can think of no better way to celebrate this inaugural issue of the Columbia …
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Publications
No abstract provided.
Slavery And The Law In Atlantic Perspective: Jurisdiction, Jurisprudence, And Justice, Rebecca J. Scott
Slavery And The Law In Atlantic Perspective: Jurisdiction, Jurisprudence, And Justice, Rebecca J. Scott
Articles
The four articles in this special issue experiment with an innovative set of questions and a variety of methods in order to push the analysis of slavery and the law into new territory. Their scope is broadly Atlantic, encompassing Suriname and Saint-Domingue/Haiti, New York and New Orleans, port cities and coffee plantations. Each essay deals with named individuals in complex circumstances, conveying their predicaments as fine-grained microhistories rather than as shocking anecdotes. Each author, moreover, demonstrates that the moments when law engaged slavery not only reflected but also influenced larger dynamics of sovereignty and jurisprudence.
Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth
Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth
Articles
We review the extensive body of studies relying on jurors' self-reports in interviews or questionnaires, with a focus on potential threats to validity for researchers seeking to answer particularly provocative questions such as the influence of race in jury decision-making. We then offer a more focused case study comparison of interview and questionnaire data with behavioral data in the domain of race and juror decision-making. Our review suggests that the utility of data obtained from juror interviews and questionnaire responses varies considerably depending on the question under investigation. We close with an evaluation of the types of empirical questions most …
The First Principles Of Standing: Privilege, System Justification, And The Predictable Incoherence Of Article Iii, Christian Sundquist
The First Principles Of Standing: Privilege, System Justification, And The Predictable Incoherence Of Article Iii, Christian Sundquist
Articles
This Article examines the indeterminacy of standing doctrine by deconstructing recent desegregation, affirmative action, and racial profiling cases. This examination is an attempt to uncover the often unstated meta-principles that guide standing jurisprudence. The Article contends that the inherent indeterminacy of standing law can be understood as reflecting an unstated desire to protect racial and class privilege, which is accomplished through the dogma of individualism, equal opportunity (liberty), and “white innocence.” Relying on insights from System Justification Theory, a burgeoning field of social psychology, the Article argues that the seemingly incoherent results in racial standing cases can be understood as …
Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew
Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew
Articles
This is an exploratory study comparing the processes and outcomes in the arbitration and the litigation of workplace racial harassment cases. Drawing from an emerging large database of arbitral opinions, this article indicates that arbitration outcomes yield a lower percentage of employee successes than in litigation of these types of cases. At the same time, while arbitration proceedings have some of the same legal formalities (legal representation, legal briefs), they do not have other protective procedural safeguards.
Affirmative Action As Government Speech, William M. Carter Jr.
Affirmative Action As Government Speech, William M. Carter Jr.
Articles
This article seeks to transform how we think about “affirmative action.” The Supreme Court’s affirmative action jurisprudence appears to be a seamless whole, but closer examination reveals important differences. Government race-consciousness sometimes grants a benefit to members of a minority group for remedial or diversifying purposes. But the government may also undertake remedial or diversifying race-conscious action without it resulting in unequal treatment or disadvantage to non-minorities. Under the Court’s current equal protection doctrine, both categories of cases are treated as presumptively unconstitutional. Race-consciousness itself has become a constitutional harm, regardless of tangible effects.
Prior scholarship has suggested that the …
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
Articles
In just a few years, seven decades will have passed since the U.S. Supreme Court’s decision in Korematsu v. U.S., one of the most reviled of all of the Court’s cases. Despised or not, however, similarities between the World War II era and our own have people looking at Korematsu in a new light. When the Court decided Korematsu in 1944, we were at war with the Japanese empire, and with this came considerable suspicion of anyone who shared the ethnicity of our foreign enemies. Since 2001, we have faced another external threat – from the al Queda terrorists – …
Documentary Disenfranchisement, Jessie Allen
Documentary Disenfranchisement, Jessie Allen
Articles
In the generally accepted picture of criminal disenfranchisement in the United States today, permanent voting bans are rare. Laws on the books in most states now provide that people with criminal convictions regain their voting rights after serving their sentences. This Article argues that the legal reality may be significantly different. Interviews conducted with county election officials in New York suggest that administrative practices sometimes transform temporary voting bans into lifelong disenfranchisement. Such de facto permanent disenfranchisement has significant political, legal, and cultural implications. Politically, it undermines the comforting story that states’ legislative reforms have ameliorated the antidemocratic interaction of …
Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti
Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti
Articles
Family can bring us joy, and it can bring us grief. It can also bring us tax benefits and tax detriments. Often, as a means of ensuring compliance with Internal Revenue Code provisions that turn on a family relationship, taxpayers are required to document their relationship with a family member. Most visibly, taxpayers are denied an additional personal exemption for a child or other dependent unless they furnish the individual’s name, Social Security number, and relationship to the taxpayer.
In this article, I undertake the first systematic examination of these documentation requirements. Given the privileging of the “traditional” family throughout …
Discrimination By Comparison, Suzanne B. Goldberg
Discrimination By Comparison, Suzanne B. Goldberg
Faculty Scholarship
Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis arises in large part from the judiciary's dependence on comparators – those who are like a discrimination claimant but for the protected characteristic – as a favored heuristic for observing discrimination. The profound mismatch of the comparator methodology with current understandings of identity discrimination and the realities of the modern workplace has nearly depleted discrimination jurisprudence and theory. Even in run-of-the-mill cases, comparators often cannot be found, particularly in today's mobile, knowledge-based economy. This difficulty is amplified for complex claims, which rest on thicker understandings of discrimination developed …
Narratives Of Identity, Nation, And Outsiders Within Outsiders: Not Yet A Post-Anything World, Berta E. Hernández-Truyol
Narratives Of Identity, Nation, And Outsiders Within Outsiders: Not Yet A Post-Anything World, Berta E. Hernández-Truyol
UF Law Faculty Publications
The essays in this cluster all deploy narratives of identity and nation. They also bring to life the status of outsiders as racialized "others." This reality of racialization contradicts the popular narrative that we live in a post-racial society. The current claim of post-racialism is grounded in the simple fact that in the United States a huge margin of the popular vote elected a Black man as president. That man is Barack Hussein Obama, someone who has to engage, as those who are the subject of the essays, with concerns about nation, identity, and being a racialized "other."
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Publications
No abstract provided.
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Publications
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …