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Articles 1 - 12 of 12
Full-Text Articles in Law
Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander
Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander
Faculty Publications
This Essay studies the relationship between race, rhetoric, and history in three twentieth century segregation cases: State ex rel. Gaines v. Canada, Kraemer v. Shelley, and Liddell v. Board of Education. Part I gives a brief overview of the scholarship of Critical Race Theory, majoritarian narratives and minority counter-narratives, and the judiciary’s rhetoric in race-based cases. Part II analyzes the narratives and language of Gaines, Kraemer, and Liddell, provides the social context of these cases, and traces their historical outcomes.
The Essay contends that majoritarian narratives with problematic themes continue to perpetuate even though court opinions have evolved to use …
A New American Dream For Detroit, Andrea Boyack
A New American Dream For Detroit, Andrea Boyack
Faculty Publications
The problem of neighborhood deterioration is keenly visible in Detroit today, but Detroit’s housing struggles are not unique. Like most of America, the Detroit metropolitan area is racially fragmented, and minority neighborhoods are the most likely to be impoverished and failing. Detroit’s problems of housing abandonment and neighborhood decay are both caused and exacerbated by decades of housing segregation and inequality. The “American Dream” has always been one of equal opportunity, but there can be no equality of opportunity when there is such stark inequality among home environments. Detroit’s neighborhood decline is a symptom of the city’s population loss and …
Reflections On Ferguson: What’S Wrong With Black People?, Chuck Henson
Reflections On Ferguson: What’S Wrong With Black People?, Chuck Henson
Missouri Law Review
After Officer Darren Wilson shot and killed Michael Brown on August 9, 2014, it seemed as if it was the summer of 1967 again. The same series of events that happened in Newark and Detroit in 1967 happened in Ferguson, Missouri, in 2014. A white man shot and killed a black man. The predominantly black population protested, rioted, and looted. The predominantly white police force was overwhelmed. The governor called out the National Guard and imposed a curfew. When these things happened in the summer of 1967, President Lyndon B. Johnson, by Executive Order 11365, established what would become known …
Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy
Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy
Missouri Law Review
What follows is a description of UT's race-conscious undergraduate admissions policy, which was at issue in Fisher (and which the parties and the courts concede is all but identical to the policy upheld in Grutter). This is followed by a brief description of the procedural posture of the case and an analysis of the Supreme Court's decision. Finally, this Article argues that Grutter (and, by default, Fisher) represents a dramatic deviation from - and, in effect, a reversal of - the bedrock principle established in Brown. Left unanswered, of course, is whether our nation's highest court will ever reassert that …
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Faculty Publications
In the face of federal inability to effectively police our national borders and to remove unauthorized immigrants, many local governments have recently sought to take measures into their own hands by passing anti-illegal immigrant ("AII") ordinances. These ordinances usually contain a combination of provisions restricting housing, employment, and public benefits for unauthorized immigrants, among other things.This Article focuses on AII provisions that are targeted at private rental housing, which typically take the form of sanctions against landlords who rent to unauthorized immigrants.
Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell
Faculty Publications
The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.
Race Matters In Bankruptcy Reform, A. Mechele Dickerson
Race Matters In Bankruptcy Reform, A. Mechele Dickerson
Missouri Law Review
On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of ("BAPCPA") was signed into law and became fully effective for cases filed on or after October 17, 2005. 4 After considering bankruptcy reform for almost a decade, Congress ultimately concluded that some debtors were abusing bankruptcy laws by, among other things, discharging debts they had the means to pay. To curb this perceived abuse, Congress decided to radically overhaul the consumer provisions of the Code by generally making it harder for an opportunistic or "Abusive Debtor" to discharge his debts. Given the sweeping nature of these changes, …
Credit Opportunities, Race, And Presumptions: Does The Mcdonnell Douglas Framework Apply In Fair Lending Cases, Richard A. Hill
Credit Opportunities, Race, And Presumptions: Does The Mcdonnell Douglas Framework Apply In Fair Lending Cases, Richard A. Hill
Missouri Law Review
Congress has recognized that "[i]n a credit oriented society such as ours, impediments to sources of credit based on extraneous factors such as race, color, religion, age, sex, marital status, and the like, have a deleterious effect on both the individual victims of discrimination, and on the economy as a whole."2 Minority borrowers feel the impact of credit discrimination. "They make me feel like I was wasting my time. Like I wasn't worthy of being a home owner."3 Lenders often do not realize what they have done. "The discrimination in mortgage lending with which I've become familiar is not necessarily …
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.
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Missouri Law Review
Peremptory challenges have a long history, dating back to 1305 in England. In Swain v. Alabama, Justice Byron R. White stated, "[t]he persistence of peremptories and their extensive use demonstrate the long and widely held belief that peremptory challenge is a necessary part of trial by jury." Peremptory challenges enable litigants to exclude potential jurors "without a reason stated, without inquiry and without being subject to the court's control.", In Batson v. Kentucky, however, decided in 1986, the Supreme Court restricted the power of prosecutors to exercise peremptory challenges based solely upon race. This Note discusses the facts and holding …
After We're Gone: A Commentary, Michael A. Middleton
After We're Gone: A Commentary, Michael A. Middleton
Faculty Publications
Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Faculty Publications
I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …