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Articles 1 - 29 of 29
Full-Text Articles in Law
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Faculty Scholarship
McCleskey v. Kemp1 operates as a barrier to using the Equal Protection Clause to achieve racial justice in criminal administration.2 By restricting the use of statistical evidence in equal protection challenges, McCleskey stifled the power of the discriminatory intent doctrine to combat the colorblind racism emanating from facially neutral criminal law statutes and governmental actions.3 But what if McCleskey had been decided differently? Given that Washington v. Davis4 held that the challenged law or governmental action had to be “traced to a discriminatory racial purpose,”5 could McCleskey have articulated an approach to equal protection doctrine …
How Racism Persists In Its Power, Deborah N. Archer
How Racism Persists In Its Power, Deborah N. Archer
Michigan Law Review
A Review of The Fire Next Time. By James Baldwin.
So You Want To Talk About Race By Ijeoma Oluo, Nicole P. Dyszlewski
So You Want To Talk About Race By Ijeoma Oluo, Nicole P. Dyszlewski
Law Faculty Scholarship
No abstract provided.
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The Torture Machine (Book Review), Dennis Cunningham, Jeffrey J. Haas
The Torture Machine (Book Review), Dennis Cunningham, Jeffrey J. Haas
Other Publications
No abstract provided.
Pressing Charges, Zohra Ahmed
Pressing Charges, Zohra Ahmed
Scholarly Works
There is a prosecutor in Manhattan Criminal Court who wears a Black Lives Matter button on the job. One day, a group of public defenders, myself included, found him alone in a courtroom where only quality of life offenses are heard, authorizing plea bargains more lenient than the standard recommendations of the New York County District Attorney’s office: reducing fines, reducing community service, even avoiding convictions. The button seemed a puzzling appropriation for a prosecutor. At the height of the Black Lives Matter movement in 2015, after all, public defenders had worn the same pins in court only to face …
The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann
The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann
Faculty Scholarship
Reviewing Kenneth R. Aslakson, Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans (New York University Press 2014).
The racial history of New Orleans is unique among American cities, as is Louisiana's among the history of American states. In the antebellum period, there were more free people of color in New Orleans than in any other city in the South, and free people of color lived, and often prospered, throughout Louisiana. The presence of so many free people of color in New Orleans, and Louisiana more generally, arose from many factors, including the consequences …
Book Review: The Color Of Our Shame: Race And Justice In Our Time, By Christopher J. Lebron, David B. Lyons
Book Review: The Color Of Our Shame: Race And Justice In Our Time, By Christopher J. Lebron, David B. Lyons
Faculty Scholarship
Ideal theory seeks to identify the basic conditions of social justice but does not tell us how to achieve them. Christopher Lebron’s important new book The Color of Our Shame is a philosophically enterprising venture in non-ideal theory, suggesting how we might bring about racial equality in America. A reader who is passingly familiar with civil rights developments of the 1950s and 1960s might imagine that racial inequality is a disappearing vestige of past discrimination; so an essential step in Christopher Lebron’s argument is to establish that racial inequality remains a grave issue half a century later. That task is …
No Reason To Blame Liberals (Or, The Unbearable Lightness Of Perversity Arguments), Margo Schlanger
No Reason To Blame Liberals (Or, The Unbearable Lightness Of Perversity Arguments), Margo Schlanger
Reviews
In addition to the current extraordinary number of people behind American bars, the other key feature of our current carceral state is the very high concentration of non-whites in that population. That concentration of non-whites has grown significantly since the 1960s, when whites constituted nearly two thirds of American prison population; today, they are only a bit over one-third. Since 72% of Americans are white, the distinction in terms of incarceration rate is far more stark: among white men, the current imprisonment rate (counting only sentenced prisoners) is 4.7/1000; among Latino men it is two-and-a-half times that (11.3/1000); and among …
From Space-Off To Represented Space, Lolita Buckner Inniss
From Space-Off To Represented Space, Lolita Buckner Inniss
Publications
In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of "home," focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In Reimagining Equality, Hill takes on a topic clearly distinct from the Clarence Thomas Senate confirmation hearings, the episode for which she is best known. Her work here is, nonetheless, evocative of her struggle in those hearings, because the book addresses the interrelation between gender, race, place, space, …
Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused
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.
Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused
Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused
Other Publications
No abstract provided.
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Faculty Publications
No abstract provided.
Beyond Observable Prejudice—Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose
Beyond Observable Prejudice—Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose
Oklahoma Law Review
No abstract provided.
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Faculty Publications
No abstract provided.
Essay Review: The Civil Rights Struggle In Retrospect: Review Of Cruse: Plural But Equal, And Bell: And We Are Not Saved, Robert Allen Sedler
Essay Review: The Civil Rights Struggle In Retrospect: Review Of Cruse: Plural But Equal, And Bell: And We Are Not Saved, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Teaching Tolerance, Robert F. Nagel
Freedom Of Speech As Therapy, Pierre Schlag
Clash In The Classroom, David L. Chambers
Clash In The Classroom, David L. Chambers
Reviews
David L. Chambers reviews two books covering Brown vs. Bakke in The Washington Post. Chambers discusses ‘The Bakke Case: Politics of Inequality’ by Joel Dreyfuss and Charles Lawrence III, and ‘From Brown to Bakke: The Supreme Court and School Integration’ by J. Harvie Wilkinson.
A Prison And A Prisoner: The Provincial's View, Emily Calhoun
A Prison And A Prisoner: The Provincial's View, Emily Calhoun
Publications
No abstract provided.
Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh
Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh
IUSTITIA
It is difficult these days to find anyone who will deny that racial minorities have been discriminated against in the area of educational opportunities. Few will deny the desirability of enhancing these opportunities and increasing the number of minority persons in the various professions. But very few will agree on the means that are appropriate to accomplish this desirable end. Robert O'Neil has tackled the awesome task of pinpointing and evaluating the policy considerations that affect the tough choices involved in formulating standards for admissions to professional school programs that will promote academic quality but at the same time allow …
Book Review, David Getches