Law Commons^™

Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis

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No abstract provided.

The Need For Equal Opportunity And A Right To Quality Education, Stephen Wermiel, Paul Wockstein

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No abstract provided.

Friday Night Lite: How De-Racialization In The Motion Picture Friday Night Lights Disserves The Movement To Eradicate Racial Discrimination From American Sport, N. Jeremi Duru

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No abstract provided.

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson

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INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

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Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …

Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel

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No abstract provided.

Considering Tortious Racism, Camille Nelson

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INTRODUCTION The recent concurrence of Justice Ginsburg in Grutter v. Bollinger, and her dissent in Gratz v. Bollinger, cogently explore what W.E. DuBois termed problems of the "color line". The ongoing consequences of racism in America reveal a complicated racial caste stem, the medico-legal consequences of which merit exploration. Following in the footsteps of other great jurists, Justice Ginsburg situates the challenges facing persons of color in the context of American history and connects the racialized dots to recognize the ongoing effects of racism. Together with the majority opinion in Grutter, Justice Ginsburg acknowledges that race still matters in America. …

Democracy's Handmaid, Robert L. Tsai

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Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …

Resegregation In Public Education, Stephen Wermiel

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No abstract provided.

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

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The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

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No abstract provided.

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

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No abstract provided.

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

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No abstract provided.

The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein

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No abstract provided.

Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer

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INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

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INTRODUCTIONThe Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law practice? …

Proyecto - Transformación De La Condición Legal De La Mujer: Integrando Temas De Género En La Doctrina Y Enseñanza Del Derecho, Macarena Saez

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No abstract provided.

The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel

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No abstract provided.

Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

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No abstract provided.

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

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The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

Elite Privilege And Public Interest Lawyering [Comments], Susan Carle

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In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The “proper presentation of the legal fight against segregation,” Boston urged, should focus on gathering “facts, not law” to demonstrate to the courts the law's “actual operation.”; Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting such …

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc

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No abstract provided.

From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle

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No abstract provided.

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

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No abstract provided.

Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer

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No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

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This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker

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No abstract provided.

Race, Cops, And Traffic Stops, Angela J. Davis

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This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …

Confronting Expectations: Women In The Legal Academy, Christine Haight Farley

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A seemingly insurmountable barrier to women's success in legal academia is the way they are perceived. Numerous studies have shown that women are perceived as less competent than men and that the same work is evaluated more critically when it is thought to have been done by a woman than by a man. This problem exists in all aspects of life, but it is especially acute for women in professional roles, such as academics. Legal academia, however, seems to be particularly resistant to viewing women as equally competent. The article presents original empirical research that shows that student evaluations of …

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

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Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'