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Articles 181 - 208 of 208
Full-Text Articles in Law
Teaching The Law Of Race (Book Review), Anthony V. Alfieri
Teaching The Law Of Race (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn
The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn
UF Law Faculty Publications
Christopher Darden (prosecutor in the O.J. Simpson trial) has come to epitomize the burdens that African American prosecutors face as they perform their professional tasks. Moreover, the "Darden Dilemma" has become a generic term for the anguish that these prosecutors endure as they negotiate between competing allegiances to the African American community and the State. Much has been written about the sense of isolation that African American prosecutors feel when confronting the conflict between their roles as prosecutors and their obligations to the African American community. This article argues that African Americans should not prosecute crimes in the current criminal …
The Power Of The Treasury: Racial Discrimination, Public Policy And "Charity" In Contemporary Society, David A. Brennen
The Power Of The Treasury: Racial Discrimination, Public Policy And "Charity" In Contemporary Society, David A. Brennen
Scholarly Works
The Treasury Department is empowered to enforce “established public policy” with respect to tax-exempt charities. Under this public policy power, the Treasury has revoked the tax-exempt charitable status of organizations that discriminated against blacks, organizations whose members engaged in civil disobedience against war, and organizations involved in illegal activity. The Treasury interprets its public policy power as applying to any activity that violates clear public policy. Thus, presumably, the Treasury could use this power to deny tax-exempt charitable status to an organization that engages in conduct that violates assisted suicide laws, anti-abortion laws, or other sufficiently “established” public policies.
The …
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Articles
No abstract provided.
Minority Preferences Reconsidered, Terrance Sandalow
Minority Preferences Reconsidered, Terrance Sandalow
Reviews
During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.
Social And Legal Repercussions Of Latinos' Colonized Mentality, Laura M. Padilla
Social And Legal Repercussions Of Latinos' Colonized Mentality, Laura M. Padilla
Faculty Scholarship
This essay begins by defining internalized oppression and racism and exposing the harms they cause. It dissects the reasons we engage in internalized racism and explains how once exposed, it will be easier to engage in a conscious effort to eradicate internalized racism. It will then describe how the intersectionality of internalized oppression and racism is expressed in the Latino community. The essay will then re-imagine Latino identity without internalized oppression and racism. It will include ideas on how to overcome internalized oppression and racism generally, both at the corporate and individual levels. The essay concludes that exposing internalized oppression …
(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri
Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell
Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell
All Faculty Scholarship
No abstract provided.
Rejoinder (Response To Article By William G. Bowen And Derek Bok), Terrance Sandalow
Rejoinder (Response To Article By William G. Bowen And Derek Bok), Terrance Sandalow
Articles
In The Shape of the River, presidents Bowen and Bok pronounce the race-sensitive admission policies adopted by selective undergraduate schools a resounding success. The evidence they adduce in support of that conclusion primarily concerns the performance of African-American students in and after college. But not all African-American students in those institutions were admitted in consequence of minority preference policies. Some, perhaps many, would have been admitted under race-neutral policies. I argued at several points in my review that since these students might be expected to be academically more successful than those admitted because of their race, the evidence on which …
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Faculty Scholarship
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …
Critical Race Theory – The Last Voyage, Dan Subotnik
Critical Race Theory – The Last Voyage, Dan Subotnik
Scholarly Works
No abstract provided.
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from …
The World Refugee Regime In Crisis: A Failure To Fulfill The Burden-Sharing And Humanitarian Requirements Of The 1951 Refugee Convention, Susan M. Akram
The World Refugee Regime In Crisis: A Failure To Fulfill The Burden-Sharing And Humanitarian Requirements Of The 1951 Refugee Convention, Susan M. Akram
Faculty Scholarship
Professor Musarat-Akram provided several examples which illustrate the crisis of the international refugee regime. Specifically, they illustrate, first, that the protections offered so generously in the language and purpose of the 1951 Refugee Convention7 are more European and-Western-centered than ever before.
Second, they illustrate some of the restrictionist policies by which Western and industrialized states have succeeded in confining huge refugee flows to the most impoverished and least developed states in the world.
Third, they illustrate that the initial limitations inherent in the 1951 Refugee Convention have now been exacerbated by state practice which interprets the Convention language and …
Race Trials, Anthony V. Alfieri
The Joke In Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik
The Joke In Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik
Scholarly Works
No abstract provided.
What’S Wrong With Critical Race Theory?: Reopening The Case For Middle Class Values, Dan Subotnik
What’S Wrong With Critical Race Theory?: Reopening The Case For Middle Class Values, Dan Subotnik
Scholarly Works
No abstract provided.
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Faculty Scholarship
This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …
The Color Of Money, Paul F. Campos
Review Essay: Interrogating Identity, Mary I. Coombs
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
Race-Ing Legal Ethics, Anthony V. Alfieri
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Scholarly Works
Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
Scholarly Works
Do all of us who choose members of our own sex as objects of desire and as sexual partners share some meaningful common identity, such as “homosexual,” “gay” or perhaps “queer”? The classifications “homosexual” and “gay” claim for themselves just that kind of inclusiveness; that is, that the gay world includes people of all races, all classes and any possible gender identity. You, me, James Baldwin, Gertrude Stein, J. Edgar Hoover: we are all gay together. In this way “homosexual” or “gay” is a generic term, like, for example, “human being.” But we know that the alleged inclusiveness masks just …
Foreword: Racist Speech On Campus, Kingsley R. Browne
Foreword: Racist Speech On Campus, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
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.
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …
Judicial Protection Of Minorities, Terrance Sandalow
Judicial Protection Of Minorities, Terrance Sandalow
Articles
In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …