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Articles 4981 - 5010 of 5662
Full-Text Articles in Law
Caste, Class, And Equal Citizenship, William E. Forbath
Caste, Class, And Equal Citizenship, William E. Forbath
Michigan Law Review
There is a familiar egalitarian constitutional tradition and another we have largely forgotten. The familiar one springs from Brown v. Board of Education; its roots lie in the Reconstruction era. Court-centered and countermajoritarian, it takes aim at caste and racial subordination. The forgotten one also originated with Reconstruction, but it was a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts. Aimed against harsh class inequalities, it centered on decent work and livelihoods, social provision, and a measure of economic independence and democracy. Borrowing a phrase from its Progressive Era proponents, I will call it the social …
Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss
Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss
Publications
Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …
Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico
Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico
Articles & Chapters
No abstract provided.
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
Articles
Racial profiling of drivers - often called "driving while black" - has taken an increasingly important role in the public debate on issues of race and criminal justice. It is one of the few such issues that has penetrated not only the public discourse, but the legislative process as well. This article takes three different approaches in attempting to explain that racial profiling is important not only for its own sake, but because it is a manifestation - both a symbol and a symptom - of all of the most difficult problems that we face at the intersection of race …
Affirmative Action And Discrimination, Girardeau A. Spann
Affirmative Action And Discrimination, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The contemporary debate about race in the United States is perplexing. Each side seems genuinely to feel distressed at the demands being made by the other. Racial minorities point to Dred Scott's insistence on racial castes, Plessy's endorsement of official segregation, and Brown's reluctance to remedy unlawful discrimination as evidence that the white majority is inevitably inclined to advance its own interests at minority expense. Minority group members, therefore, tend to argue that the only way to arrest this majoritarian inclination is through the use of race-conscious remedial programs that will ensure an equitable distribution of resources. Most members of …
Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim
Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim
Janine Kim
Law, Life And Literature: Using Literature And Life To Expose Transracial Adoption Laws As Adoption On A One-Way Street, Angela Mae Kupenda, Adam L. Thrash, Jennifer A. Riley-Collins, Lashonda Y. Dukes, Stephany J. Lewis, Rodney R. Dixon
Law, Life And Literature: Using Literature And Life To Expose Transracial Adoption Laws As Adoption On A One-Way Street, Angela Mae Kupenda, Adam L. Thrash, Jennifer A. Riley-Collins, Lashonda Y. Dukes, Stephany J. Lewis, Rodney R. Dixon
Buffalo Public Interest Law Journal
No abstract provided.
A Proposal To The Hanodaganyas To Decolonize Federal Indian Control Law, Robert B. Porter
A Proposal To The Hanodaganyas To Decolonize Federal Indian Control Law, Robert B. Porter
University of Michigan Journal of Law Reform
In this Article, cast in the form of a letter to President William Jefferson Clinton, Professor Porter argues for the decolonization of federal Indian control law. After detailing the religious and colonialist roots of early Supreme Court decisions dealing with the Indian nations and giving an overview of the evolution of federal Indian policy, Professor Porter argues for the decolonization of federal Indian control law on several grounds: 1. the world community has rejected colonialism policies; 2. federal Indian control law denies basic human rights of self-determination; 3. colonization has partially succeeded in destroying the Indian nations; and 4. decolonization …
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Michigan Law Review
Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions, …
Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson
Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson
Scholarly Publications
Medieval alchemy is popularly associated with attempts to become rich by transmuting base elements into gold. Such attempts were less than universally successful. Yet, alchemy yielded great benefits in other areas. For instance, alchemy was one of the sources of modern sciences such as pharmacology and metallurgy.' Also, the rich and profound symbology of alchemy has influenced modern psychology.
Something similar may be said of critical tax studies. Such studies have argued that the Internal Revenue Code as a whole, or significant features of it, disadvantage-intentionally or unintentionally-groups historically oppressed or ignored by American society. Some of these arguments have …
The Color Line Of Punishment, Jerome H. Skolnick
The Color Line Of Punishment, Jerome H. Skolnick
Michigan Law Review
If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …
Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding
Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding
University of Michigan Journal of Law Reform
The speech of many black Americans is marked by phrases such as 'we be writin"' or "we don't have no problems." Because most listeners consider such "Black English" speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative reactions to Black English because it makes sense to allow employers to insist that employees use correct grammar.
This article argues against this common sense understanding of Black English as bad grammar. The author first analyzes the extent of the job market disadvantages faced by Black English speakers …
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Visible Minorities In The Multi-Racial State: When Are Preferential Policies Justifiable?, Anita Anand
Dalhousie Law Journal
This article outlines the circumstances in which the state is justified in implementing preferential policies in favour of visible minorities and describes an approach to policy formulation. The thesis is that visible minorities warrant preferential treatment in order to rectify past injustices and to redistribute advantages to visible minorities who are chronically poor. "Supply-side" over "demand-side" policies are favoured. Supply-side policies are preferable because they support substantive equality by ensuring that individuals have a minimum level of subsistence. If the goal of achieving substantive equality is to be achieved, the poor should also be entitled to benefit under preferential policies. …
Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol
Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol
UF Law Faculty Publications
This Article will study Latinas in the United States and develop a framework that aims to eradicate injustices Latinas experience by importing the voices of las olvidadas into the heart of rights-talk, thus placing Latinas in justice. First, the piece will identify who the olvidadas are-unseen, unheard, and virtually non-existent in the world of law as well as in the myriad other worlds they inhabit. Parts III and IV consider structural roadblocks-first external and then internal-that conspire to perpetuate Latina invisibility and disempowerment, keeping Latinas from justice. Part V presents the locations and positions of Latinas who suffer intimate violence …
Race And The Fourth Amendment, Tracey Maclin
Race And The Fourth Amendment, Tracey Maclin
Vanderbilt Law Review
In Whren v. United States, the Supreme Court held that pretextual traffic stops do not raise Fourth Amendment concerns. In this Article, Professor Maclin contends that by requiring only probable cause of a traffic offense to justify pretextual seizures, the Court mistakenly ignores racial impact when marking the protective boundaries of the Fourth Amendment. Professor Maclin argues that race matters when measuring the dynamics and legitimacy of certain police-citizen encounters. Pretextual traffic stops unreasonably use racial targeting, therefore, the Court should make racial impact a factor in determining the constitutionality of the pretextual seizure.
Professor Maclin begins by examining objective, …
Housing Equity Analysis Final Report, Center For Economic Development
Housing Equity Analysis Final Report, Center For Economic Development
Center for Economic Development Technical Reports
the Purpose of this study is to assess the impact of discrimination on rental housing opportunities in Massachusetts. We obtained information on the numbers and types of housing discrimination cases filed in Massachusetts with federal, state, and private non-profit fair housing organizations. A total of 3,431 complaints were reported in Massachusetts from the period of 1990 to April 1998. Our findings indicate clearly, that rental housing discrimination exist in the state of Massachusetts. One of the major problems that we found is the fact that most instances of housing discrimination do not get reported. Based on our work, we are …
Profile Of The Law Of The Navajo Nation, Bidtah N. Becker, Navajo Nation
Profile Of The Law Of The Navajo Nation, Bidtah N. Becker, Navajo Nation
Tribal Law Journal
The Navajo Nation is a non-IRA5 tribe and is not governed by a written constitution. The Navajo Nation government consists of a three-branch system. The nation has a six volume, twenty-four title6 code. Title II outlines the administration of tribal affairs, including the executive and legislative branches. Title VII outlines duties of the judiciary. The modern Navajo Nation government is best described as a western / traditional blend of governance.
Religious Rituals And Latcrit Theorizing, Margaret E. Montoya
Religious Rituals And Latcrit Theorizing, Margaret E. Montoya
Faculty Scholarship
After the first annual LatCrit conference held at La Jolla, California, Professor Keith Aoki observed that "issues of religion and spirituality are submerged not far below the surface of emerging Latina/o Critical Theory." He proposed that LatCrits begin to "unbracket" religious affiliation and identity in the construction and representation of individual and group racial identities. Professor Aoki further posited that "[i]n a paradoxical way, religion simultaneously may be both more and less difficult to voluntarily discard than race, language or nationality as a constitutive element of one's individual and group identity.
Affirmative Action Statements, Michigan Journal Of Gender & Law
Affirmative Action Statements, Michigan Journal Of Gender & Law
Michigan Journal of Gender & Law
The student editors of the Michigan Journal of Gender & Law adopted a brief statement for release with other student statements and voted to publish a statement in the Journal. This is their statement in response to the anti-affirmative action lawsuits. Several other Law School student organizations have also provided their statements to publish.
South Africa: Divided Or United By Color - A Detailed Look At The Legal Resources Centre, Lourdes M. Ventura
South Africa: Divided Or United By Color - A Detailed Look At The Legal Resources Centre, Lourdes M. Ventura
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks
Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks
Faculty Scholarship
Asians often take a middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls "simultaneous racism," where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicating a pattern of how the dominant power uses law to enforce insularity among and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraints does not excuse the behavior of White appeasement or group insularity among both Asians and …
Back To Afrolantica: A Legacy Of (Black) Perseverance?, 24 N.Y.U. Rev. L. & Soc. Change 447 (1998), Kevin Hopkins
Back To Afrolantica: A Legacy Of (Black) Perseverance?, 24 N.Y.U. Rev. L. & Soc. Change 447 (1998), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
No abstract provided.
"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes
"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes
Michigan Journal of Race and Law
In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that …
Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino
Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino
Michigan Journal of Race and Law
Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as …
Affirmative Action: Where Is It Coming From And Where Is It Going?, Denise Page Hood
Affirmative Action: Where Is It Coming From And Where Is It Going?, Denise Page Hood
Michigan Journal of Race and Law
A review of We Wont Go Back: Making the Case for Affirmative Action by Charles R. Lawrence III & Mari J. Matsuda
Law, Literature, And Contract: An Essay In Realism, Blake D. Morant
Law, Literature, And Contract: An Essay In Realism, Blake D. Morant
Michigan Journal of Race and Law
In this Essay, the Author examines contract doctrine's weaknesses as applied to issues of race and gender. By contrasting the doctrinal silence concerning these issues with facts and circumstances that may have influenced the results in specific cases, the Author challenges classical contract theory's assertion of objectivity and its associated assumption of bargaining equality as an integral component of each contract. The Author then uses literature as an illustrative tool to highlight contract law's failings in contexts where bargaining disparities related to race and gender issues are present. This approach is not meant to eliminate contract rules but rather to …
Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe
Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe
Michigan Journal of Race and Law
A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.
Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter
Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter
University of Richmond Law Review
The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.
Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith
Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith
UIC Law Review
No abstract provided.