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Full-Text Articles in Law
The Dangerous Law Of Biological Race, Khiara Bridges
The Dangerous Law Of Biological Race, Khiara Bridges
Faculty Scholarship
The idea of biological race -- a conception of race that postulates that racial groups are distinct, genetically homogenous units -- has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals. Almost a century ago, the Court famously appeared to recognize the socially constructed nature of race. Moreover, the jurisprudence since then appears to reaffirm this disbelief: within law, race is understood to be a social construction, having no biological truth to it at all. Yet upon closer …
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit methodologies, vocabulary, categories, and pedagogical approaches. In this Section, titled 'On Mascaras,' I am grappling with race (and gender secondarily) in public space -- un/masking my professional persona. In using the word 'wrestle' in the subheading I am referring to this struggle over a re-allocation of the social power that inheres in racial hierarchies, namely, the back-and-forth exchanges involved in changing the racial ambiance by exposing and transforming the presumptions, especially regarding notions of inferiority, that cabin our thinking and restrain our relationships. My original paper was something of an outburst, challenging …
The Unfinished Journey - Education, Equality And Martin Luther King, Jr., Revisited, Taunya Lovell Banks
The Unfinished Journey - Education, Equality And Martin Luther King, Jr., Revisited, Taunya Lovell Banks
Faculty Scholarship
An educated society is important to the survival of a democracy, a sentiment echoed by the Supreme Court in Brown v. Board of Education. Today most commentators concede that the implementation of Brown was a failure and that over the years there has been retrenchment. Although America’s schools are no longer racially segregated by law, a substantial percentage of school children are consigned to racially isolated schools. While commentators continue to argue for racially integrated schools, this article argues that racial integration alone is insufficient--schools must receive adequate financial resources and be even more diverse socio-economically to adequately prepare America’s …
Has The Roberts Court Plurality's Colorblind Rhetoric Finally Broken Brown's Promise?, Phoebe A. Haddon
Has The Roberts Court Plurality's Colorblind Rhetoric Finally Broken Brown's Promise?, Phoebe A. Haddon
Faculty Scholarship
This Essay examines the continuing significance of the Keyes decision to the judicial vision of equality and racial isolation in public education. By comparing efforts to promote educational equality from the Keyes era through today, this Essay asserts that the judiciary has wrongly embraced a colorblind interpretation of the Equal Protection Clause. In so doing, courts have impeded the progress of children in Denver and around the country, ignored highly instructive social science studies on the benefits of desegregation, and broken the constitutional promise of equal citizenship. For future policy makers and lawyers to address these persistent problems, legal educators …
Living Up To Our Ideals: What Race Means In Higher Education Now, Frank H. Wu
Living Up To Our Ideals: What Race Means In Higher Education Now, Frank H. Wu
Faculty Scholarship
No abstract provided.
Crapping Out With Crime Statistics, Robert Steinbuch
Crapping Out With Crime Statistics, Robert Steinbuch
Faculty Scholarship
No abstract provided.
The Regulation Of Race In Science, Kimani Paul-Emile
The Regulation Of Race In Science, Kimani Paul-Emile
Faculty Scholarship
The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by looking to equal protection strict scrutiny analysis. However, the colorblind approach that attends this doctrine — which many regard as synonymous with invalidation — does not offer a particularly useful way to think about the use of race in research. It offers no way to address how …
What Real-World Criminal Cases Tell Us About Genetics Evidence, Deborah W. Denno
What Real-World Criminal Cases Tell Us About Genetics Evidence, Deborah W. Denno
Faculty Scholarship
This Article, which is part of a symposium on "Law and Ethics at the Frontier of Genetic Technology," examines an unprecedented experimental study published in Science. The Science study indicated that psychopathic criminal offenders were more likely to receive lighter sentences if a judge was aware of genetic and neurobiological explanations for the offender’s psychopathy. This Article contends that the study’s conclusions derive from substantial flaws in the study’s design and methodology. The hypothetical case upon which the study is based captures just one narrow and unrepresentative component of how genetic and neurobiological information operates, and the study suffers from …
Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza
Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza
Faculty Scholarship
In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …