Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

The Color Of Money: How Our Broken Campaign Finance System Fuels Racial Inequality, Blair T. Page Jan 2024

The Color Of Money: How Our Broken Campaign Finance System Fuels Racial Inequality, Blair T. Page

William & Mary Journal of Race, Gender, and Social Justice

The laws upholding our campaign finance system are inadequate and under-enforced. These problems are felt disproportionately by African American voters. Election law experts agree that the structure and enforcement authority of the Federal Election Commission (FEC) severely limits the ability of the agency to achieve its goals. Several Supreme Court decisions have also limited the ability of Congress to control campaign contributions and expenditures. Tracking expenditures from corporations, groups, and individuals (to the extent possible), will show the link between favorable outcomes for these groups and their detrimental effects on African Americans. While closing racial disparities in wealth allows for …


Get Out: Structural Racism And Academic Terror, Renee Nicole Allen Apr 2023

Get Out: Structural Racism And Academic Terror, Renee Nicole Allen

William & Mary Journal of Race, Gender, and Social Justice

Released in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.

Like Get …


Reducing Community Violence While Protecting Civil Rights, Kami Chavis Feb 2023

Reducing Community Violence While Protecting Civil Rights, Kami Chavis

Popular Media

No abstract provided.


Assessing The Racial Implications Of Ncaa Academic Measures, Timothy Davis Oct 2022

Assessing The Racial Implications Of Ncaa Academic Measures, Timothy Davis

William & Mary Journal of Race, Gender, and Social Justice

In 1983, the NCAA’s adoption of heightened initial eligibility standards for incoming intercollegiate athletes was met with applause and criticism. Proponents lauded the measure as a legitimate means of restoring academic integrity within intercollegiate athletics. Opponents questioned whether seemingly racially neutral eligibility standards had a disproportionately negative impact on African American athletes. It is against this backdrop that the Article examines the racial implications of the NCAA’s past and present academic standards.

These standards consist of initial eligibility rules, progress-toward-degree requirements, the graduation success rate, and academic progress rate, the latter two of which comprise the NCAA’s Academic Performance Program. …


Fulfilling Porter's Promise, Danielle Allyn Jun 2021

Fulfilling Porter's Promise, Danielle Allyn

William & Mary Journal of Race, Gender, and Social Justice

Despite the Porter court’s reference to a “long tradition of according leniency to veterans,” in the criminal legal system, veterans are overrepresented on death rows across America, including Georgia’s. Most of these veterans come to death row with experiences of marginalization due to other aspects of their identity, such as race or mental disability.

This Article examines the cases of six men executed in Georgia, each with a history of military service, and each with experiences of disenfranchisement based on race and/or mental disability. At trial, each confronted legal risks that disproportionately place Black people and people with mental disabilities …


The Meaning Of Mcdonald's [(R)], Laura A. Heymann Sep 2020

The Meaning Of Mcdonald's [(R)], Laura A. Heymann

Popular Media

No abstract provided.


Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley Jul 2020

Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson Apr 2020

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

William & Mary Journal of Race, Gender, and Social Justice

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …


Black Hair(Tage): Career Liability Or Civil Rights Issue?, Kaili Moss Apr 2019

Black Hair(Tage): Career Liability Or Civil Rights Issue?, Kaili Moss

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan Mar 2007

When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan

William & Mary Law Review

This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …


A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz Apr 2005

A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz

William & Mary Law Review

No abstract provided.


Black Teachers And The Struggle For Racial Equality, Davison M. Douglas Apr 2002

Black Teachers And The Struggle For Racial Equality, Davison M. Douglas

Popular Media

No abstract provided.


Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

Contract Rights And Civil Rights, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Jan 2000

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas Jan 2000

Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas

Faculty Publications

No abstract provided.


Justifying Racial Reform, Davison M. Douglas Jan 1998

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.


From Fear To Rage: Black Rage As A Natural Progression From And Functional Equivalent Of Battered Woman Syndrome, Tosha Yvette Foster Jun 1997

From Fear To Rage: Black Rage As A Natural Progression From And Functional Equivalent Of Battered Woman Syndrome, Tosha Yvette Foster

William & Mary Law Review

No abstract provided.


Affirmative Action Implications For Colleges And Universities Beyond The Scholarship And Student Admissions Areas, Ellen R. Dassance May 1997

Affirmative Action Implications For Colleges And Universities Beyond The Scholarship And Student Admissions Areas, Ellen R. Dassance

William & Mary Bill of Rights Journal

In Podberesky v. Kirwan, the Fourth Circuit held that a University of Maryland scholarship designated for African-American students violated the Constitution's Equal Protection Clause. In so holding, the court contributed to the recent tradition of dismantling affirmative action programs in higher education. This Note explores the implications of Podberesky for other university settings, particularly faculty hiring and endowment programs. The first part of the Note's analysis concentrates on ways in which the Podberesky rationale may -be extended to university ,programs other than scholarships and student admissions. The Fourth Circuit's employment of a narrow set of factors in reviewing the scholarship …


The Ghosts Of Homer Plessy, Rodney A. Smolla Jan 1996

The Ghosts Of Homer Plessy, Rodney A. Smolla

Faculty Publications

No abstract provided.


The Racial Limits Of The Fair Housing Act: The Intersection Of Dominant White Images, The Violence Of Neighborhood Purity, And The Master Narrative Of Black Inferiority, Reginald Leamon Robinson Oct 1995

The Racial Limits Of The Fair Housing Act: The Intersection Of Dominant White Images, The Violence Of Neighborhood Purity, And The Master Narrative Of Black Inferiority, Reginald Leamon Robinson

William & Mary Law Review

No abstract provided.


Black People In White Face: Assimilation, Culture, And The Brown Case, Jerome Mccristal Culp Jr. Feb 1995

Black People In White Face: Assimilation, Culture, And The Brown Case, Jerome Mccristal Culp Jr.

William & Mary Law Review

No abstract provided.


The Convergence Of Black And White Attitudes On School Desegregation Issues During The Four Decade Evolution Of The Plans, Christine H. Rossell Feb 1995

The Convergence Of Black And White Attitudes On School Desegregation Issues During The Four Decade Evolution Of The Plans, Christine H. Rossell

William & Mary Law Review

No abstract provided.


Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr. May 1993

Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr.

William & Mary Bill of Rights Journal

No abstract provided.


Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas Jan 1993

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.


Brown Blues: Rethinking The Integrative Ideal, Drew S. Days Iii Oct 1992

Brown Blues: Rethinking The Integrative Ideal, Drew S. Days Iii

William & Mary Law Review

No abstract provided.


Afro-American Faith In The Civil Religion; Or, Yes, I Would Sign The Constitution, Randall Kennedy Oct 1987

Afro-American Faith In The Civil Religion; Or, Yes, I Would Sign The Constitution, Randall Kennedy

William & Mary Law Review

No abstract provided.


Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid May 1982

Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid

William & Mary Law Review

No abstract provided.