Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (36)
- Social and Behavioral Sciences (34)
- Sociology (29)
- Race and Ethnicity (25)
- Arts and Humanities (21)
-
- Law and Society (20)
- Race, Ethnicity and Post-Colonial Studies (19)
- African American Studies (17)
- Economics (12)
- History (8)
- Inequality and Stratification (8)
- Law and Race (8)
- Law and Economics (7)
- Law and Gender (7)
- Public Affairs, Public Policy and Public Administration (7)
- Politics and Social Change (6)
- Business (5)
- Jurisprudence (5)
- Philosophy (5)
- Social History (5)
- Social Policy (5)
- United States History (5)
- Business Law, Public Responsibility, and Ethics (4)
- Constitutional Law (4)
- Ethics and Political Philosophy (4)
- Feminist, Gender, and Sexuality Studies (4)
- Law and Politics (4)
- Legal History (4)
- Psychology (4)
- Institution
- Publication Year
- Publication
-
- All Faculty Scholarship (22)
- Faculty Publications (15)
- GW Law Faculty Publications & Other Works (5)
- Davison M. Douglas (4)
- Manuscript Collection (4)
-
- William & Mary Law Review (2)
- David A Sklansky (1)
- Faculty Scholarship (1)
- Fordham Law Review (1)
- Ian F. Haney-López (1)
- Indiana Law Journal (1)
- Supreme Court Preview (1)
- UF Law Faculty Publications (1)
- William & Mary Bill of Rights Journal (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
- Publication Type
- File Type
Articles 1 - 30 of 61
Full-Text Articles in Law
Reform, Retrench, Repeat: The Campaign Against Critical Race Theory, Through The Lens Of Critical Race Theory, Vivian E. Hamilton
Reform, Retrench, Repeat: The Campaign Against Critical Race Theory, Through The Lens Of Critical Race Theory, Vivian E. Hamilton
William & Mary Journal of Race, Gender, and Social Justice
The protest movement ignited by the 2020 murder of George Floyd was of a scale unprecedented in U.S. history. The movement raised the nation’s consciousness of racial injustices and spurred promises—and the beginnings—of justice-oriented reform. Reform and racial progress, however, have rarely been linear over the course of U.S. history. Instead, they typically engender resistance and retrenchment. The response to the current justice movement is no exception. One manifestation of the retrenchment has been a rush by states to enact legislation curtailing race-related education in government workplaces and in public schools, colleges, and universities.
These legislative measures purport to prevent …
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Justifying Racial Reform, Davison M. Douglas
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 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.
Schuette And Antibalkanization, Samuel Weiss, Donald Kinder
Schuette And Antibalkanization, Samuel Weiss, Donald Kinder
William & Mary Bill of Rights Journal
In Schuette v. Coalition to Defend Affirmative Action, Justice Kennedy’s controlling plurality revised the political process doctrine and ended the practice of affirmative action in Michigan. In this opinion, Kennedy followed in the Court’s tradition of invoking antibalkanization values in equal protection cases, making the empirical claims both that antibalkanization motivated the campaign to end affirmative action in Michigan and that the campaign itself would, absent judicial intervention, have antibalkanizing effects.
Using sophisticated empirical methods, this Article is the first to examine whether the Court’s claims on antibalkanization are correct. We find they are not. Support for the Michigan …
Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez
Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez
Ian F. Haney-López
Discusses issues related to race relations in the United States using the `Hernandez v. Texas' case. Social constructionist understanding of Latino racial identity; Salience of race in Latino identity; Extent of Latino racialization; Question of the language of race's appropriateness.
Cocaine, Race, And Equal Protection, David Sklansky
Cocaine, Race, And Equal Protection, David Sklansky
David A Sklansky
No abstract provided.
Sotomayer's Supreme Court Race Jurisprudebce: 'Fidelity To The Law', Tanya K. Hernandez
Sotomayer's Supreme Court Race Jurisprudebce: 'Fidelity To The Law', Tanya K. Hernandez
Faculty Scholarship
During the Senate confirmation hearings for Justice Sonia Sotomayor, concerns were persistently raised about her ability to be impartial. Conservative pundit Rush Limbaugh and many others railed against her nomination, proclaiming on talk radio broadcasts from coast-to-coast that she is a reverse-racist and nothing less than anti-white. A review of the Supreme Court record of race-related cases demonstrates Justice Sotomayor’s continued commitment to her stated judicial philosophy of fidelity to the law, inasmuch as she has not sought the unilateral imposition of her own personal racial policy preferences but has instead worked as a team player to scrupulously apply legal …
The Long, Lingering Shadow: Slavery, Race, And Law In The American Hemisphere (Introduction), Robert J. Cottrol
The Long, Lingering Shadow: Slavery, Race, And Law In The American Hemisphere (Introduction), Robert J. Cottrol
GW Law Faculty Publications & Other Works
This essay is the introduction to the recently published book, The Long, Lingering Shadow: Slavery, Race , and Law in the American Hemisphere (University of Georgia Press, 2013). Students of American history know of the law’s critical role in developing a system of racial hierarchy in the United States. The Long, Lingering Shadow shows that this history is best appreciated in a comparative perspective. The volume looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. It takes the reader on a journey that begins with the origins of New World slavery in …
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Does Critical Mass Matter? Views From The Boardroom, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec
Does Critical Mass Matter? Views From The Boardroom, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec
Faculty Publications
No abstract provided.
Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee
Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee
Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Racial Exhaustion, Darren Lenard Hutchinson
Racial Exhaustion, Darren Lenard Hutchinson
UF Law Faculty Publications
Contemporary political and legal discourse on questions of race unveils a tremendous perceptual gap among persons of color and whites. Opinion polls consistently demonstrate that persons of color commonly view race and racial discrimination as important factors shaping their opportunities for economic and social advancement. Whites, on the other hand, often discount race as a pertinent factor in contemporary United States society. Consequently, polling data show that whites typically reject racial explanations for acute disparities in important socio-economic indicators, such as education, criminal justice, employment, wealth, and health care. Echoing this public sentiment, social movement actors, politicians, and the Supreme …
Immigration Restriction As Redistributive Taxation: Working Women And The Costs Of Protectionism In The Labor Market, Howard F. Chang
Immigration Restriction As Redistributive Taxation: Working Women And The Costs Of Protectionism In The Labor Market, Howard F. Chang
All Faculty Scholarship
In this paper, I argue that tax and transfer policies are more efficient than immigration restrictions as instruments for raising the after-tax incomes of the least skilled native workers. Policies to protect these native workers from immigrant competition in the labor market do no better at promoting distributive justice and are likely to impose a greater economic burden on natives in the country of immigration than the tax alternative. These immigration restrictions are especially costly given the disproportionate burden that they place on households with working women, which discourages female participation in the labor force. This burden runs contrary to …
The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang
The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang
All Faculty Scholarship
The immigration of relatively unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal ideals. These ideals would treat these workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of relatively unskilled workers …
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
Faculty Publications
No abstract provided.
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
All Faculty Scholarship
Economists recognize that nations can gain from trade through not only the free movement of goods across national boundaries but also the free movement of services, capital, and labor across national boundaries. Despite the presumption that economic theory raises in favor of international labor mobility, the nations of the world maintain restrictions on immigration and show little inclination to liberalize these barriers significantly. Michael Walzer defends immigration restrictions as policies necessary to maintain distinct cultural communities and rejects the alternative of voluntary residential segregation at the local level. I argue that we should instead prefer voluntary segregation at the local …
A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller
A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller
Faculty Publications
No abstract provided.
Foreword, Eric L. Muller
Foreword, Eric L. Muller
Faculty Publications
Judgments Judged and Wrongs Remembered: Examining the Japanese American Civil Liberties Cases on Their Sixtieth Anniversary
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
GW Law Faculty Publications & Other Works
Brown v. Board of Education, the Supreme Court's celebrated 1954 decision that ended segregation in the United States, did not end a caste based inequality among the races. One of the nations currently struggling with such a legacy of discrimination is Brazil. Brazil's path to overcome structural inequality has some interesting parallels and differences with the American experience.
Writings by Brazilian legal scholars such as Joaquim B. Barbosa Gomes and Hedio Silva Jr. had bolstered the thought that the American civil rights experience has lessons for Brazil. This experience, which was greatly shaped by Brown, contributed to the growth of …
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
GW Law Faculty Publications & Other Works
Brown v. Board of Education, the Supreme Court's celebrated 1954 decision that ended segregation in the United States, did not end a caste based inequality among the races. One of the nations currently struggling with such a legacy of discrimination is Brazil. Brazil's path to overcome structural inequality has some interesting parallels and differences with the American experience.
Writings by Brazilian legal scholars such as Joaquim B. Barbosa Gomes and Hedio Silva Jr. had bolstered the thought that the American civil rights experience has lessons for Brazil. This experience, which was greatly shaped by Brown, contributed to the growth …
Drug Wars In Black And White, Joseph E. Kennedy
Drug Wars In Black And White, Joseph E. Kennedy
Faculty Publications
No abstract provided.
Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller
Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller
Faculty Publications
No abstract provided.
''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin
''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin
All Faculty Scholarship
No abstract provided.
Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller
Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller
Faculty Publications
No abstract provided.