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Full-Text Articles in Law
Where Is Equal Protection? Applying Strict Scrutiny To Use Of Race By Law Enforcement., Evan Gerstmann
Where Is Equal Protection? Applying Strict Scrutiny To Use Of Race By Law Enforcement., Evan Gerstmann
Evan Gerstmann
This article seeks to move the debate over the use of race by law enforcement beyond the current focus on racial profiling, arguing that the courts must apply strict scrutiny to all use of race by law enforcement, including the stopping and questioning of persons based on suspect descriptions that include race. The current debate implicitly (and sometimes explicitly) assumes that law enforcement’s use of race can be divided into unconstitutional racial profiling and all other uses of races, which are presumptively legitimate. However, when other institutions rely upon race, such as public universities implementing affirmative action programs, courts automatically …
Superman Had Nothin On Keith Aoki, Bill Hing
Superman Had Nothin On Keith Aoki, Bill Hing
Bill Ong Hing
In this tribute to the late Keith Aoki, Professor of Law at U.C. Davis, I point out that at the heart of much of Keith Aoki’s humanity and scholarship is a call for us to be on guard against institutional, public, and private strategies operating to disadvantage people of color and other subordinated groups. Much of his life and body of work inspires us to stand up to racism and subordination of those who are disadvantaged. In that context, I discuss recent attacks on Muslim, Arab and South Asian communities, and underscore our responsibility to speak the truth about these …