Law Commons^™

Chapters Of The Civil Jury, Doug R. Rendleman

Doug Rendleman

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …

Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert

Professor Nan Seuffert

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as ‘‘structural adjustment,’’ or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, ‘‘race,’’ gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self-determination and …

Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …

Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

Ira P. Robbins

No abstract provided.

Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu

Jamin Raskin

No abstract provided.

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

Misdemeanors, Alexandra Natapoff

Alexandra Natapoff

In The Jungle Of Cities [Review Of The Book Harold Washington And The Neighborhoods: Progressive City Reform In Chicago, 1983-1987], Nick Salvatore

Nick Salvatore

[Excerpt] At first glance such a spatial transformation of work may seem positive, as indeed it was for the largely white work force that left the city and staffed these new positions. But left behind geographically, economically, and socially were the largely black (and to a lesser extent, Mexican) working-class residents. It was at this juncture, with jobs disappearing and the urban social structure fragmented, that black Chicago, symbolized in the person of Harold Washington, finally assumed political power. In Harold Washington and the Neighborhoods, editors Pierre Clavel and Wim Wiewel have collected a group of essays that examine the …

What’S Wrong With Critical Race Theory?: Reopening The Case For Middle Class Values, Dan Subotnik

Dan Subotnik

No abstract provided.

Goodbye To The Sat, Lsat? Hello To Equity By Lottery? Evaluating Lani Guinier’S Plan For Ending Race Consciousness, Dan Subotnik

Dan Subotnik

No abstract provided.

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Richard Daniel Klein

No abstract provided.

Juror First Votes In Criminal Trials, Stephen P. Garvey, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman, Martin T. Wells

Paula L Hannaford-Agor

Our analysis of the voting behavior of over 3,000 jurors in felony cases tried in Los Angeles, Maricopa County, the District of Columbia, and the Bronx reveals that only in D.C. does a juror's race appear to relate to how he or she votes. African-American jurors in D.C. appear more apt to vote not guilty on the jury's first ballot in cases involving minority defendants charged with drug offenses. We find no evidence, however, that this effect survives into the jury's final verdict.

Juror First Votes In Criminal Trials, Stephen P. Garvey, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman, Martin T. Wells

Valerie P. Hans

Our analysis of the voting behavior of over 3,000 jurors in felony cases tried in Los Angeles, Maricopa County, the District of Columbia, and the Bronx reveals that only in D.C. does a juror's race appear to relate to how he or she votes. African-American jurors in D.C. appear more apt to vote not guilty on the jury's first ballot in cases involving minority defendants charged with drug offenses. We find no evidence, however, that this effect survives into the jury's final verdict.

Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams

Lucy A. Williams

This article exposes and critiques the media images of poor women and children that drive legislative debate in social assistance, or welfare public policy issues in the United States. It explores the impact of media images on law-making by focusing on three statutory time periods: 1935, when the Aid to Dependent Children program was initially enacted as part of the Social Security Act; 1967, when the first mandatory work requirements were added to the Aid to Families with Dependent Children program, and the mid-1990s, when states began implementing widely divergent categorical eligibility requirements that restrict benefits in an attempt to …

Critical Theories Of Race And Racism In World Perspective, Angela P. Harris

Angela P Harris

This introduction to an edited collection on race and equality to be published by Ashgate Press surveys antidiscrimination law in a number of countries from a critical race theory perspective.

Landscape Fairness: Removing Discrimination From The Built Environment, Stephen Clowney

Stephen Clowney

Rotten Social Background And The Temper Of The Times, Angela P. Harris

Angela P Harris

This essay was submitted to the Alabama Civil Rights and Civil Liberties Law review as part of a symposium on Richard Delgado's essay on "Rotten Social Background." Its publication has been delayed by the destruction caused by the Tuscaloosa/Birmingham tornado in the spring of 2011.

Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo

Nick J. Sciullo

Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …