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The Diversity Imperative Revisited: Racial And Gender Inclusion In Clinical Law Faculty, G. S. Hans, D. N. Archer, Et Al. Oct 2019

The Diversity Imperative Revisited: Racial And Gender Inclusion In Clinical Law Faculty, G. S. Hans, D. N. Archer, Et Al.

Vanderbilt Law School Faculty Publications

The demographics of clinical law faculties matter. As Professor Jon Dubin persuasively argued nearly twenty years ago in his article Faculty Diversity as a Clinical Legal Education Imperative, clinical faculty of color entering the legal academy in the 1980s and 1990s expanded the communities served by law school clinics and the lawyering methods used to serve clients in significant ways that enriched legal education and the profession. They also broadened clinical scholarship to include deconstructions and reconstructions of clinical teaching, offered crucial role modeling and mentorship to students of color, and helped to elevate cross-cultural communication and multiracial collaboration as …


Immigration And Blackness, Karla Mckanders Jan 2019

Immigration And Blackness, Karla Mckanders

Vanderbilt Law School Faculty Publications

There is a long history of the intersection of immigration, race, and civil rights in America. Immigration laws have operated in a manner to maintain homogeneity to the exclusion of immigrants of color. Immigration laws throughout America’s history have traditionally utilized fear and exclusion to define what America should look like and have privileged some immigrant’s over others.


Reflection: How Multiracial Lives Matter, Lauren Sudeall Jun 2017

Reflection: How Multiracial Lives Matter, Lauren Sudeall

Vanderbilt Law School Faculty Publications

Race plays an important organizing function in society, and one over which we have little control as individuals; this can be difficult to reconcile with the self-determination many multiracial individuals possess to control their own racial identity and how it is perceived by others. While some are dismissive of that premise, instead favoring a racial solidarity approach that minimizes the relevance of subcategories, I have contended that it is important to allow multiracial individuals to define their own identity. This is a sentiment that has been echoed by Justice Kennedy's language in several recent opinions discussing racial identity (if not …


Proportionality Skepticism In A Red State, Lauren Sudeall May 2017

Proportionality Skepticism In A Red State, Lauren Sudeall

Vanderbilt Law School Faculty Publications

As someone who lives in a red state and has practiced capital defense in Georgia and Alabama, my view for some time has been that the death penalty is not going anywhere any time soon. And while the dominant message from legal experts and commentators in recent years has been that the death penalty is on the decline,' the results of this past election might suggest otherwise. The three referenda regarding capital punishment on the 2016 ballot - in California, Nebraska, and Oklahoma - were all resolved in favor of the death penalty. These votes could be taken to signal …


Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall Apr 2015

Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall

Vanderbilt Law School Faculty Publications

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment. This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …


The Unspoken Voices Of Indigenous Women In Immigration Raids, Karla M. Mckanders Jan 2010

The Unspoken Voices Of Indigenous Women In Immigration Raids, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

The voices of the most vulnerable populations often point towards social constructs in dire need of systemic change. The treatment of immigrant women in workplace raids exemplifies this concept. Over the last couple of years, Immigration and Customs Enforcement, a division of the Department of Homeland Security, has executed several workplace raids to deport undocumented immigrants who are unauthorized to work in this country. When discussing workplace raids, most news articles focus on the mass deportation of men, this paper will take a different perspective, and examine indigenous immigrant Guatemalan women’s stories in migrating to the United States, seeking employment …


Capitalism And The Tax System: A Search For Social Justice, Beverly I. Moran Jan 2008

Capitalism And The Tax System: A Search For Social Justice, Beverly I. Moran

Vanderbilt Law School Faculty Publications

America is a country founded on ideas. The Enlightenment was one set of ideas that attended our birth and one Enlightenment belief as strong today as during the revolution is our faith in capitalism and the protection of private property. Yet, the United States tax system manages to violate fundamental capitalist principles as outlined in the extensive writings of Adam Smith - the father of capitalism. Comparing Smith's vision to the current United States tax system reveals many important inconsistencies, particularly the current penchant for simultaneously taxing wages while exempting (or delaying) taxes on wealth and wealth appreciation. The article …


Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly I. Moran, Stephanie M. Wildman Jan 2007

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly I. Moran, Stephanie M. Wildman

Vanderbilt Law School Faculty Publications

Many believe that the legal system has achieved racial neutrality because statutes and regulations do not mention race. They do not view law and the legal system as one way that American society polices race and wealth disparities. Because American law seems removed from race and wealth concerns, legal workers see no place for such considerations in their education or practice.

Although the legal system has aspired to neutrality and equality, racialized wealth inequality has resulted and continues. This article considers the aspiration and shows how equality and neutrality can veil existing wealth inequality. Using examples from judicial decisionmaking and …


Crossing The Color Line: Racial Migration And The One-Drop Rule, 1600-1860, Daniel J. Sharfstein Jan 2007

Crossing The Color Line: Racial Migration And The One-Drop Rule, 1600-1860, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

Scholars describe the one-drop rule--the idea that any African ancestry makes a person black--as the American regime of race. While accounts of when the rule emerged vary widely, ranging from the 1660s to the 1920s, most legal scholars have assumed that once established, the rule created a bright line that people were bound to follow. This Article reconstructs the one-drop rule's meaning and purpose from 1600 to 1860, setting it within the context of racial migration, the continual process by which people of African descent assimilated into white communities. While ideologies of blood-borne racial difference predate Jamestown, the rhetoric of …


Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke Jan 2005

Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, and racial identity share striking similarities to adverse possession law – these doctrines confer legal status on those who are merely acting as if they have that legal status. In each case, the elements of a legal claim are strikingly similar: physical proximity, notoriety and publicity, a claim of right, consistent and continuous behavior, and public acquiescence. The reason public performance is critical is that …


Constructing Reality: Social Science And Race Cases, Beverly I. Moran Jan 2005

Constructing Reality: Social Science And Race Cases, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. Board of Education and Grutter v. Bollinger all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must understand the nature of the societies that they attempt to persuade and the language that leads judges to change their ways of thinking. In the early 21st century, the language of persuasion is often the language of social science.


United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran Jan 2004

United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The United States Trade Representative and the policies that he (or she) attempt to impose on our trading partners have the serious and perhaps unintended effect of destroying local culture particularly in the area of film production.


The Poverty Exception To The Fourth Amendment, Christopher Slobogin Jan 2003

The Poverty Exception To The Fourth Amendment, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This essay, written for the Sixth Annual LatCrit conference, explores the subterranean motifs of current rules regulating searches and seizures by the police. More specifically, it investigates whether and to what extent alienage, race and poverty influence the warrant and individualized suspicion rules purportedly governing police investigation. The essay begins by showing that, contrary to the assertion of other conference participants, Supreme Court doctrine has not created a "Mexican exception" to the Fourth Amendment (as distinguished from an "illegal alien" exception, which does seem to exist). The main focus of the article, however, is an examination of whether the Court's …


Trapped By A Paradox: Speculations On Why Female Law Professors Find It Hard To Fit Into Law School Cultures, Beverly I. Moran Jan 2002

Trapped By A Paradox: Speculations On Why Female Law Professors Find It Hard To Fit Into Law School Cultures, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Feminist psychologists postulate that women are more people focused than men and therefore less likely to be attracted to rule oriented cultures that do not take into account personal differences and needs. This work postulates that the opposite is true of males and females who are attracted to law school teaching. Instead of rule oriented men and people oriented women, the legal academy is populated by women who believe that rules are meant to protect the weak against the tyranny of the strong and who then find themselves in "female" cultures ruled by men.


Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran Jan 2001

Bibliography Of Tax Articles In High Prestige Non-Specialized Law Journals: A Comparison Of Australia, Britain, Canada And The United States 1954-2001, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced in each country and also shows what areas of interest dominate in each market. For example, Canadian journal produce more scholarship on Comparative Taxation while Australian journals are more likely to publish in the area of Evasion and Avoidance.


Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran Jan 2001

Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law producing state. Using law reform in Eritrea as a case study, the article asks what will happen in the United States when we become the recipient, rather than the exporter, of maladapted laws that serve the purpose of others instead of serving the unique needs of the United States and its economy.


Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran Jan 1999

Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran

Vanderbilt Law School Faculty Publications

At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to tax fairly all cultures within the purview of taxation must also find their values reflected. The article sets out how the tax laws might begin to incorporate black culture.


Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran Jan 1998

Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The politics behind tax legislation are explored in order to demonstrate that, rather than being surprising or unexpected, it is easily predictable that federal tax laws would favor whites over blacks.


The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney Jan 1998

The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney

Vanderbilt Law School Faculty Publications

The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions for which were created by the convergence in previous decades of two very different social movements - civil rights and victims' rights. This anti-hate-crime movement has been radiply assimilated into the institutions of criminal justice, with the result that anti-hate-crime measures now reflect the culture and priorities of those institutions. The civil rights and victims' rights movements created collective beliefs, structural resources, and political opportunities that facilitated the emergence of a …


A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford Jan 1996

A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford

Vanderbilt Law School Faculty Publications

Using Census data and the Survey of Income Program participation (SIPP), the authors use social science methodology to show that blacks pay more federal income tax than whites at the same income levels.


The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider Jan 1996

The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider

Vanderbilt Law School Faculty Publications

All the federal tax decisions of the Burger Court are reviewed in order to demonstrate that widely held beliefs about statutory interpretation in tax cases are misleading. For example, although the literature asserts that courts do not distinguish between legislative and interpretive regulations, the Burger Court did give greater deference to legislative regulations. Further, despite some Justices antipathy to legislative history, the Burger Court relied heavily on legislative histories in making its decisions. In addition, the widely held view that the Court eschews tax controversies was found false when compared to other business areas.


Minority Law Teachers Conference, Beverly I. Moran Jan 1991

Minority Law Teachers Conference, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The 1990 Minority Law Teachers Conference was dedicated to expanding the number of minorities in law teaching. To this end, the volume addresses a wide variety of concerns for new and veteran teachers including: teaching, scholarship, service, diversity and recruitment. The volume remains one of the most comprehensive statements of minority law professors about their role in the academy.


Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran Jan 1991

Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.


Stargazing: The Alternative Minimum Tax For Individuals And Future Tax Reform, Beverly I. Moran Jan 1990

Stargazing: The Alternative Minimum Tax For Individuals And Future Tax Reform, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The article uses the provisions of the Alternative Minimum Tax in an attempt to predict the course of future tax reform.


Welcome To The Funhouse: The Incredible Maze Of Modern Divorce Taxation, Beverly I. Moran Jan 1989

Welcome To The Funhouse: The Incredible Maze Of Modern Divorce Taxation, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Using legislative histories the article shows how the incidence of taxation began to fall more heavily on women in the context of divorce as women's social and political status rose during World War II and that this trend continued through several sets of divorce tax reform.