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Full-Text Articles in Law

Conquest And Slavery As Foundational To Property Law, K-Sue Park Jan 2021

Conquest And Slavery As Foundational To Property Law, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This article demonstrates that the histories of conquest and slavement are foundational to U.S. property law. Over centuries, laws and legal institutions facilitated the production of the two commodities, or forms of property, upon which the colonial economy and the United States came to depend above all others: enclosures of Native nations’ land and enslaved people. By describing the role of property law in creating markets for lands and people, this article addresses the gap between the marginal place of these histories in the contemporary property law canon and the growing scholarly and popular recognition that conquest and enslavement ...


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey Dec 2020

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.


Teaching Whren To White Kids, M. K.B. Darmer Jan 2009

Teaching Whren To White Kids, M. K.B. Darmer

Michigan Journal of Race and Law

This Article addresses issues at the intersection of United States v. Whren and Grutter v. Bollinger at a time when the reality of racial profiling was recently illustrated by the high-profile arrest of a prominent Harvard professor. Given the highly racialized nature of criminal procedure, there is a surprising dearth of writing about the unique problems of teaching issues such as racial profiling in racially homogeneous classrooms. Because African American and other minority students often experience the criminal justice system in radically different ways than do Whites, the lack of minority voices poses a significant barrier to effectively teaching criminal ...


The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson Jan 2005

The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson

Michigan Journal of Race and Law

Part I of this Article uses a quasi-parable, in which Dorothy Brown is a Tibetan Master who teaches law students CRT Kung Fu, the monastic fighting skills by which they will acquire the Shadow's mystical insight to "know" the heart of the first-year curriculum. Part II challenges the organizing principles and content on which Brown's Critical Race Theory purports to critically interrogate traditional legal doctrine, applying a New Age Philosophical critique as well as agency theory to crack dealing in Spanish Harlem. I use this case study to argue that crack dealers deliberately and purposefully choose extra-legal economic ...


"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor Jan 2002

"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor

Michigan Journal of Race and Law

The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in ...


Erasing Race From Legal Education, Judith G. Greenberg Oct 1994

Erasing Race From Legal Education, Judith G. Greenberg

University of Michigan Journal of Law Reform

In this Article, Professor Greenberg argues that law schools claim to treat African American students as if their race is irrelevant, yet law school curricula have a hidden message that African American students are in fact inferior and dangerous to white students. When African American students do not perform as well as white students, they are assumed to have deficient skills and are placed in remedial programs to improve those skills. Professor Greenberg argues that the cause of African American students' poor performance in law school is not necessarily deficient skills, but rather a bias inherent in the structure of ...


Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia Jan 1990

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

Articles

In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.