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Articles 901 - 930 of 970
Full-Text Articles in Law
Classifying Race, Racializing Class, Fran Ansley
Classifying Race, Racializing Class, Fran Ansley
Scholarly Works
No abstract provided.
Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush
Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush
UF Law Faculty Publications
Beginning with a discussion of the United States Supreme Court’s decision in McLaurin v. Oklahoma State Regents for Higher Education, this article discusses the meaning of “integration.” In McLaurin, the University of Oklahoma was forced to abandon its segregation policy and not separate black students from their white classmates in all settings (not just the classroom). The McLaurin decision raised the fundamental questions: "What is integration?" and "How is integration related to racial equality?" Significantly, the McLaurin Court clarifies that equality is premised on integration and that integration means more than just having a presence in an institution. …
At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding
Law Faculty Scholarly Articles
June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …
“Some Kind Of Lawyer”: Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell
“Some Kind Of Lawyer”: Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell
Law Faculty Scholarly Articles
In January 1996 a panel of the American Bar Association released a report concluding that "discrimination continues to permeate the structures, practices and attitudes of the legal profession." It has been a long journey in women's efforts to obtain equity in both law schools and in the legal profession generally. This article is composed of two interviews with University of Kentucky College of Law graduates: Norma Boster Adams (’52) and Annette McGee Cunningham (’80). Twenty-eight years separated Norma Adams and Annette Cunningham at the College of Law. They faced different obstacles and chose varied paths to success. While each can …
Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis
Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article is a literary review and analysis of Malign Neglect: Race, Crime, and Punishment in America by Michael Tonry (1995). Part I of this review describes Tonry's analysis of the crime policies of the Reagan and Bush administrations. Part II discusses Tonry's indictment of the War on Drugs and criticizes his failure to acknowledge the effects of discriminatory prosecutorial practices and sentencing laws. Part III critiques Tonry's trivialization of the significance of race discrimination in the criminal justice system more generally. Part IV summarizes Tonry's proposals for change and stresses the importance of documenting, examining, and eliminating racial bias …
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider
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.
A Black Critique Of The Internal Revenue Code, Beverly I. Moran, William Whitford
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.
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Scholarly Works
This Note examines the intersection of race and gender in the context of sexual harassment jurisprudence. Since the arrival in this country of the first female African slaves, Black women have experienced sexual harassment on the job. This Note discusses the failure of sexual harassment theory to acknowledge the unique sexual harassment experience of Black women. From the very earliest discussions of sexual harassment, the impact of the race of the victim on the experience and resulting legal claim was ignored. Feminist legal theorists, leaders in issues affecting women, have been slow to acknowledge and integrate the role of race …
The Tales Of White Folk: Doctrine, Narrative, And The Reconstruction Of Racial Reality, Robert L. Hayman, Nancy Levit
The Tales Of White Folk: Doctrine, Narrative, And The Reconstruction Of Racial Reality, Robert L. Hayman, Nancy Levit
Faculty Works
Black America, some people said, was dying. And they wondered what they would hear in the souls of white folk when white America heard the news.
Part of the story was told in June 1995, by the Supreme Court. The session of the Court had not been convened explicitly or exclusively to determine the fate of black America. Still, it was clearly on the agenda, with no less than three major race-related disputes on the High Court's docket.
And what the Court had to say on such matters did matter. As the highest tribunal in the land, it possessed the …
The Color Of Money, Paul F. Campos
Review Essay: Interrogating Identity, Mary I. Coombs
Race-Ing Legal Ethics, Anthony V. Alfieri
Disciplinary Differences, Dwight Aarons
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
All Faculty Scholarship
This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …
On Not "Getting It", Dianne Pothier
On Not "Getting It", Dianne Pothier
Dianne Pothier Collection
Although there has been increasing awareness regarding equity and access issues in the legal profession, that awareness has tended to miss the multi-faceted nature of the problem. The author discusses how the recognition of one kind of barrier may not assist in the recognition of others. Understanding race or gender does not necessarily imply understanding disability or sexual orientation. Students, faculty and practitioners need to challenge and question their assumptions, to guard against barriers to entry and to really belonging.
Bien qu 'ii y ail une prise de conscience grandissante en ce qui touche /es questions d'egalite et d'acces dans …
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
Scholarly Works
Do all of us who choose members of our own sex as objects of desire and as sexual partners share some meaningful common identity, such as “homosexual,” “gay” or perhaps “queer”? The classifications “homosexual” and “gay” claim for themselves just that kind of inclusiveness; that is, that the gay world includes people of all races, all classes and any possible gender identity. You, me, James Baldwin, Gertrude Stein, J. Edgar Hoover: we are all gay together. In this way “homosexual” or “gay” is a generic term, like, for example, “human being.” But we know that the alleged inclusiveness masks just …
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Scholarly Works
Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …
Language And Silence: Making Systems Of Privilege Visible, Adrienne D. Davis, Stephanie M. Wildman
Language And Silence: Making Systems Of Privilege Visible, Adrienne D. Davis, Stephanie M. Wildman
Scholarship@WashULaw
A colleague of mine once had a dream in which I appeared. My colleague, who is African-American, was struggling in this dream to be himself in the presence of a monolithic white maleness that wanted to oppress my friend and deny his intellect, his humanity, and his belonging in our community. In his dream, I, a white woman, attempted to speak on his behalf, but the white man and I spoke as if my friend were not there.
This portrayal disturbed me because I know my friend can speak for himself. Recognizing this fact, he described my discomfort at participating …
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
UF Law Faculty Publications
In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Faculty Publications
Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of significantly improving the future for African-American men are slim.
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez
Faculty Journal Articles and Book Chapters
This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …
Did The First Justice Harlan Have A Black Brother?, James W. Gordon
Did The First Justice Harlan Have A Black Brother?, James W. Gordon
Faculty Scholarship
This Article summarizes the careers of James, John, and Robert Harlan. It then examines the evidence of the blood relationship between Robert Harlan and James Harlan, and speculates on the influence that John Harlan's contact with Robert Harlan might have had in shaping John's views on race. Finally, the Article reflects on the implications of the careers of John and Robert Harlan for our understanding of race in late nineteenth century America.
The Future Of Fair Housing Litigation, Robert G. Schwemm
The Future Of Fair Housing Litigation, Robert G. Schwemm
Law Faculty Scholarly Articles
This article is a revised version of the keynote address I gave at a conference entitled "Where is Fair Housing Headed in This Decade?" sponsored by The John Marshall Law School in the Fall of 1992. As its title implies, the conference focused on the future of fair housing, and my address dealt with certain developments that I felt were not only observable in the early years of the 1990s, but were also likely to be important in the remaining years of this decade.
Many of these developments—such as the growing role of the federal government in fair housing enforcement …
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Publications
No abstract provided.
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown
After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
The Constitutional Ghetto, Robert L. Hayman, Nancy Levit
The Constitutional Ghetto, Robert L. Hayman, Nancy Levit
Faculty Works
The goal of this Article is to assess two Supreme Court desegregation decisions. It is our view that Board of Education v. Dowell and Freeman v. Pitts are, by almost every measure, seriously flawed decisions. The opinions of the Court rest on epistemic premises - reductionist views of race and racism, and an absurdly formalistic conception of equality - that are by turns either anachronistic, cramped and inauthentic, or demonstrably wrong. Worse, they promote a vision of American society - fragmented, hierarchical, and shamelessly individualistic - that is fundamentally inconsistent both with the egalitarian norms embodied in the Fourteenth Amendment …