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2009

Law and Race

Institution
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Articles 91 - 102 of 102

Full-Text Articles in Law

Henry Louis Gates And Racial Profiling: What's The Problem?, Bernard E. Harcourt Jan 2009

Henry Louis Gates And Racial Profiling: What's The Problem?, Bernard E. Harcourt

Faculty Scholarship

A string of recent studies has documented significant racial disparities in police stops, searches, and arrests across the country. The issue of racial profiling, however, did not receive national attention until the arrest of Professor Henry Louis Gates, Jr., at his home in Cambridge. This raises three questions: First, did Sergeant Crowley engage in racial profiling when he arrested Professor Gates? Second, why does it take the wrongful arrest of a respected member of an elite community to focus the attention of the country? Third, why is racial profiling so pervasive in American policing?

The answers to these questions are …


Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont Jan 2009

Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.


'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth Jan 2009

'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

In two frequently cited articles, Sommers and Ellsworth (2000, 2001) concluded that the influence of a defendant’s race on White mock jurors is more pronounced in interracial trials in which race remains a silent background issue than in trials involving racially charged incidents. Referring to this variable more generally as "race salience," we predicted that any aspect of a trial that leads White mock jurors to be concerned about racial bias should render the race of a defendant less influential. Though subsequent researchers have further explored this idea of "race salience," they have manipulated it in the same way as …


Integration, Reconstructed, Olatunde C.A. Johnson Jan 2009

Integration, Reconstructed, Olatunde C.A. Johnson

Faculty Scholarship

This article examines Parents Involved for the light it sheds on integration's continuing relevance to educational and social equity. Part I examines the story of school integration in Jefferson County and shows how this largely successful metropolitan integration plan challenges claims of racial integration's futility. Part II puts forward the empirical evidence that plaintiffs in Parents Involved used in seeking to establish that school boards have a compelling interest in promoting racial integration and avoiding the harm of racially isolated schools. This part argues that the empirical case for racial integration, while not without limitations, moves beyond stigmatization, psychological harm, …


Who We Were And Who We Are: How Michigan Law Students Have Changed Since The 1950s: Findings From 40 Years Of Alumni Surveys, David L. Chambers, Terry K. Adams Jan 2009

Who We Were And Who We Are: How Michigan Law Students Have Changed Since The 1950s: Findings From 40 Years Of Alumni Surveys, David L. Chambers, Terry K. Adams

Articles

For 40 consecutive years, from 1967 to 2006, the Law School surveyed its alumni regarding their lives and careers. The project began in 1967 with the mailing of a questionnaire to the class of 1952 shortly before their 15th reunion. The results proved interesting enough that surveys were sent each year thereafter to the class 15 years out. In 1973, the classes 5 years out were added to the survey.


Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott Jan 2009

Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott

Articles

From French and Creole to Spanish, the domain of the Napoleonic Empire to the king of Spain, crossing the strait separating the French colony of Saint-Domingue and the Spanish colony of Cuba entailed a change of language and government. Some 18,000 people made that transition between the spring and summer of 1803 during the Revolutionary War in Saint-Dominque. Six years later, many crossed the Gulf of Mexico from Cuba to New Orleans and the recently acquired Louisiana Territory under the authority of a territorial governor and the United States Congress. What would these crossings lead to for those who had …


The Hemingses Of Monticello, Stephen Ellmann Jan 2009

The Hemingses Of Monticello, Stephen Ellmann

Other Publications

No abstract provided.


Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused Jan 2009

Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused

Other Publications

No abstract provided.


Race And Essentialism In Gloria Steinem, Frank Rudy Cooper Jan 2009

Race And Essentialism In Gloria Steinem, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper reflects on Angela Harris's essay Race and Essentialism in Feminist Legal Theory.. Harris is one of the foremost law professors in the country. She has co-written or coedited several important critical race theory and feminist theory casebooks as well as a casebook for a first-year course. This particular essay is one of the most cited critical race theory pieces ever, having been referred to in at least 796 articles. Professor Cooper joins a group of distinguished peers, describing the power Harris' work has on them now and when they were developing scholars.


Our First Unisex President?: Black Masculinity And Obama's Feminine Side, Frank Rudy Cooper Jan 2009

Our First Unisex President?: Black Masculinity And Obama's Feminine Side, Frank Rudy Cooper

Scholarly Works

People often talk about the significance of Barack Obama's status as our first black President. During the 2008 Presidential campaign, however, a newspaper columnist declared, "If Bill Clinton was once considered America's first black president, Obama may one day be viewed as our first woman president." That statement epitomized a large media discourse on Obama's femininity. In this essay, Professor Frank Rudy Cooper thus asks how Obama will influence people's understandings of the implications of both race and gender.

To do so, he explicates and applies insights from the fields of identity performance theory, critical race theory, and masculinities studies. …


The State Of Black Arizona: Education And The Law, Penny L. Willrich Dec 2008

The State Of Black Arizona: Education And The Law, Penny L. Willrich

Penny Willrich

No abstract provided.


Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim Dec 2008

Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim

Matthew Parlow

This article examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The article then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …