Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
Faculty Scholarship
This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …
Just Another Brother On The Sct?: What Justice Clarence Thomas Teaches Us About The Influence Of Racial Identity, Angela Onwuachi-Willig
Just Another Brother On The Sct?: What Justice Clarence Thomas Teaches Us About The Influence Of Racial Identity, Angela Onwuachi-Willig
Faculty Scholarship
Justice Clarence Thomas has generated the attention that most Justices receive only after they have retired. He has been boycotted by the National Bar Association, caricatured as a lawn jockey in Emerge Magazine, and protested by professors at an elite law school. As a general matter, Justice Thomas is viewed as a "non-race" man, a Justice with a jurisprudence that mirrors the Court's most conservative white member, Justice Antonin Scalia, in other words, Justice Scalia in "blackface." This Article argues that, although Justice Thomas's ideology differs from the liberalism that is more widely held by Blacks in the United States, …
By Any Other Name?: On Being “Regarded As” Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario Barnes
By Any Other Name?: On Being “Regarded As” Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario Barnes
Faculty Scholarship
Forty years after the passage of Title VII, scholars Marianne Bertrand and Sendhil Mullainathan reported the results of their groundbreaking study, Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination. Their study revealed that simply having an African American-sounding name significantly decreased one's opportunity to receive a job interview, regardless of occupation or industry. The results of Bertrand and Mullainathan's investigation raise critical questions about the effectiveness of Title VII as a remedy for race discrimination in the hiring market today, especially as employment discrimination has evolved into different forms. As shown …
Cry Me A River: The Limits Of 'A Systemic Analysis Of Affirmative Action In American Law Schools', Angela Onwuachi-Willig, Kevin Johnson
Cry Me A River: The Limits Of 'A Systemic Analysis Of Affirmative Action In American Law Schools', Angela Onwuachi-Willig, Kevin Johnson
Faculty Scholarship
This article is a response to Richard H. Sander's article, A Systemic Analysis of Affirmative Action in American Law Schools, which recently appeared in the Stanford Law Review. In his article, Professor Sander argues that affirmative action in law schools harms, rather than helps, African American law students by setting up African American students, who are out-matched by their white peers in terms of undergraduate grade point average and LSAT scores, for failure. Specifically, Professor Sander contends that because affirmative action enables African Americans to attend law schools for which they are unqualified, they are more likely to perform poorly …
Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson
Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson
Faculty Scholarship
The Tragedy of American health care is the stubborn persistence of disparities in Black health, one hundred and forty years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social institutions, including some governments, charities, market participants, religions, ideologies, and cultures. Black health disparities interact with other vestiges of slavery such as disparities in wealth, education, employment and housing. They have permeated the American health experience. Efforts to eliminate Black …
Using The Master’S “Tool” To Dismantle His House: Why Justice Clarence Thomas Makes The Case For Affirmative Action, Angela Onwuachi-Willig
Using The Master’S “Tool” To Dismantle His House: Why Justice Clarence Thomas Makes The Case For Affirmative Action, Angela Onwuachi-Willig
Faculty Scholarship
Justice Clarence Thomas, the second black man to sit on the Supreme Court, is famous, or rather infamous, for his opposition to affirmative action. His strongest critics condemn him for attacking the very preferences that helped him reach the Supreme Court. None, however, have considered how Thomas's life itself may be used as a justification for affirmative action. In what ways can the master's "tool" be used to dismantle his house? This Article analyzes Justice Thomas's appointment to the Supreme Court and contends that his nomination to and performance on the Court ironically make the case for forward-looking affirmative action. …