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Articles 1 - 16 of 16
Full-Text Articles in Law
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Victor C. Romero
This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …
Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero
Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero
Victor C. Romero
The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.
Acting White? Or Acting Affluent? A Book Review Of Acting White? Rethinking Race In "Post-Racial" America, Lisa Pruitt
Acting White? Or Acting Affluent? A Book Review Of Acting White? Rethinking Race In "Post-Racial" America, Lisa Pruitt
Lisa R Pruitt
Acting White? Rethinking Race in “Post-Racial” America (2013) is the latest installment in Devon Carbado and Mitu Gulati’s decade-plus collaboration regarding issues of race and employment. This review lauds the book’s comprehensive treatment of the double bind that racial minorities—especially blacks—experience within principally white institutions. In this volume, the authors expand on their prior employment-centered work to consider, for example, Barack and Michelle Obama’s presence on the national political stage, racial identity and performance in the context of higher education admissions, and racial profiling by law enforcement. With a focus on intra-racial diversity, Carbado and Gulati begin to gesture to …
Race And The Decision To Detain A Suspect, Sheri Johnson
Race And The Decision To Detain A Suspect, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
Profiling With Apologies, Sherry F. Colb
Stopping A Moving Target, Sherry F. Colb
Racial Profiling: A Status Report Of The Legal, Legislative, And Empirical Literature, Katheryn Russell-Brown
Racial Profiling: A Status Report Of The Legal, Legislative, And Empirical Literature, Katheryn Russell-Brown
Katheryn Russell-Brown
In recent years, there have been several widely-publicized cases in which racial profiling became police brutality. As well, there have been scores of famous Black men who have offered their personal accounts as victims of racial profiling. All of these have helped to propel the issue onto the nation's front burner. The varied responses to racial profiling indicate the range of groups affected by and concerned about the practice. Notably, this includes former President Bill Clinton, who shared his belief that racial profiling is a national problem. The issue of racial profiling has evoked a wide range of policy responses, …
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
Michelle S Jacobs
In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, Professor Johnson …
Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver
Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver
Marjorie A. Silver
No abstract provided.
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Lawrence Rosenthal
Perhaps no decision of the United States Supreme Court concerning the Fourth Amendment’s prohibition on “unreasonable search and seizure” has come in for more criticism than Terry v. Ohio, in which the Supreme Court concluded that even absent probable cause to arrest, a brief detention and protective search of an individual comports with the Fourth Amendment “where a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous . . .” Terry is frequently denounced as granting the …
Change Is Needed; How Latinos Are Affected By The United States Criminal Justice System, Christopher F. Bagnato
Change Is Needed; How Latinos Are Affected By The United States Criminal Justice System, Christopher F. Bagnato
Christopher F. Bagnato
Latinos have been present in this country for centuries. They slowly have been making their mark in the communities of this country, usually seen but not really heard or noticed. Yet during the past thirty years the amount of Latino immigrants has skyrocketed. Census projections indicate that Latinos will be the biggest minority population in this county in the near future. The issues with discrimination of Latinos started on the streets with phrases like, “racial profiling” and “driving while brown,” and have moved into new places like the courtroom. Latinos have had to face not only the burden of prejudice …
Teaching 'Whren' To White Kids, M. Katherine B. Darmer
Teaching 'Whren' To White Kids, M. Katherine B. Darmer
M. Katherine B. Darmer
This paper was inspired by my experiences as a white criminal procedure professor teaching mostly-white classes and arises at the intersection of WHREN v. UNITED STATES and GRUTTER v. BOLLINGER. The article starts from the premise that criminal procedure remains highly racialized, with blacks experiencing the criminal justice system in significantly different ways than do whites. The article suggests that the lack of minority voices in the classroom poses a significant barrier to effectively teaching criminal procedure and critiques current approaches to criminal procedure pedagogy.
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Kim Forde-Mazrui
Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad consensus prevails that requiring crimes to be defined in specific terms reduces law enforcement discretion. A few scholars have questioned this assumption, but the conventional view remains dominant. This Article intends to resolve the question whether the void-for-vagueness doctrine really reduces police discretion. It focuses on traffic enforcement, a context in which laws are both specific and subject to discretionary enforcement. The Article concludes that specific rules do not constrain discretion unless judicial limits are placed either on the scope of activities that may be …
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Robert C Power
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
How Racial Profiling & Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Immigrants & Citizens, Katherine Culliton
How Racial Profiling & Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Immigrants & Citizens, Katherine Culliton
KATHERINE CULLITON-GONZÁLEZ
No abstract provided.