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Full-Text Articles in Law
Reflections On Ferguson: What’S Wrong With Black People?, Chuck Henson
Reflections On Ferguson: What’S Wrong With Black People?, Chuck Henson
Missouri Law Review
After Officer Darren Wilson shot and killed Michael Brown on August 9, 2014, it seemed as if it was the summer of 1967 again. The same series of events that happened in Newark and Detroit in 1967 happened in Ferguson, Missouri, in 2014. A white man shot and killed a black man. The predominantly black population protested, rioted, and looted. The predominantly white police force was overwhelmed. The governor called out the National Guard and imposed a curfew. When these things happened in the summer of 1967, President Lyndon B. Johnson, by Executive Order 11365, established what would become known …
Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy
Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy
Missouri Law Review
What follows is a description of UT's race-conscious undergraduate admissions policy, which was at issue in Fisher (and which the parties and the courts concede is all but identical to the policy upheld in Grutter). This is followed by a brief description of the procedural posture of the case and an analysis of the Supreme Court's decision. Finally, this Article argues that Grutter (and, by default, Fisher) represents a dramatic deviation from - and, in effect, a reversal of - the bedrock principle established in Brown. Left unanswered, of course, is whether our nation's highest court will ever reassert that …
Race Matters In Bankruptcy Reform, A. Mechele Dickerson
Race Matters In Bankruptcy Reform, A. Mechele Dickerson
Missouri Law Review
On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of ("BAPCPA") was signed into law and became fully effective for cases filed on or after October 17, 2005. 4 After considering bankruptcy reform for almost a decade, Congress ultimately concluded that some debtors were abusing bankruptcy laws by, among other things, discharging debts they had the means to pay. To curb this perceived abuse, Congress decided to radically overhaul the consumer provisions of the Code by generally making it harder for an opportunistic or "Abusive Debtor" to discharge his debts. Given the sweeping nature of these changes, …
Credit Opportunities, Race, And Presumptions: Does The Mcdonnell Douglas Framework Apply In Fair Lending Cases, Richard A. Hill
Credit Opportunities, Race, And Presumptions: Does The Mcdonnell Douglas Framework Apply In Fair Lending Cases, Richard A. Hill
Missouri Law Review
Congress has recognized that "[i]n a credit oriented society such as ours, impediments to sources of credit based on extraneous factors such as race, color, religion, age, sex, marital status, and the like, have a deleterious effect on both the individual victims of discrimination, and on the economy as a whole."2 Minority borrowers feel the impact of credit discrimination. "They make me feel like I was wasting my time. Like I wasn't worthy of being a home owner."3 Lenders often do not realize what they have done. "The discrimination in mortgage lending with which I've become familiar is not necessarily …
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Missouri Law Review
Peremptory challenges have a long history, dating back to 1305 in England. In Swain v. Alabama, Justice Byron R. White stated, "[t]he persistence of peremptories and their extensive use demonstrate the long and widely held belief that peremptory challenge is a necessary part of trial by jury." Peremptory challenges enable litigants to exclude potential jurors "without a reason stated, without inquiry and without being subject to the court's control.", In Batson v. Kentucky, however, decided in 1986, the Supreme Court restricted the power of prosecutors to exercise peremptory challenges based solely upon race. This Note discusses the facts and holding …