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Articles 1981 - 2010 of 2549

Full-Text Articles in Civil Rights and Discrimination

Against Prediction: Sentencing, Policing, And Punishing In An Actuarial Age, Bernard E. Harcourt Jan 2005

Against Prediction: Sentencing, Policing, And Punishing In An Actuarial Age, Bernard E. Harcourt

Faculty Scholarship

Actuarial methods – i.e., the use of statistical rather than clinical methods on large datasets of criminal offending rates to determine different levels of offending associated with one or more group traits, in order to (1) predict past, present or future criminal behavior and (2) administer a criminal justice outcome – now permeates the criminal law and its enforcement. With the single exception of racial profiling against African-Americans and Hispanics, most people view the turn to the actuarial as efficient, rational, and wealth-maximizing. The fact is, law enforcement agencies can detect more crime with the same resources if they investigate …

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Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias Nov 2004

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

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Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner Nov 2004

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.

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A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

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Certificate: Appreciation To Rodney Hurst For Urban Education Summit. Oct 2004

Certificate: Appreciation To Rodney Hurst For Urban Education Summit.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of appreciation for serving as a panelist at The Education Urban Summit: "Call for Action in Education" October 26, 2004

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Implementing Brown: A Lawyer’S View, Robert A. Sedler Oct 2004

Implementing Brown: A Lawyer’S View, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

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Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel Oct 2004

Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel

Michigan Law Review

This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court's opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve …

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Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen Sep 2004

Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen

Journal of Legal Education

No abstract provided.

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Race, Corporate Law, And Shareholder Value, Thomas W. Joo Sep 2004

Race, Corporate Law, And Shareholder Value, Thomas W. Joo

Journal of Legal Education

No abstract provided.

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Integrating Racial Justice Into The Civil Procedure Survey Course, Kevin R. Johnson Jun 2004

Integrating Racial Justice Into The Civil Procedure Survey Course, Kevin R. Johnson

Journal of Legal Education

No abstract provided.

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Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004 Jun 2004

Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A gathering of Movement veterans, scholars, students and the community.

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Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004 Jun 2004

Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Preliminary agenda for University of South Florida's "The Civil Rights Movement in Florida" Conference. June 2-6, 2004.

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Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida Jun 2004

Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Information packet from USF to Rodney Hurst confirming him as panelist for "The Civil Rights Movement in Florida" Conference. Folder 3

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American Slavery: The Complete Story, Gerald A. Foster May 2004

American Slavery: The Complete Story, Gerald A. Foster

Cardozo Public Law, Policy & Ethics Journal

The article "American Slavery: The Complete Story" by Gerald A. Foster argues that slavery is a pivotal and enduring element of American history, with its effects still evident today. It emphasizes the need for a more accurate and inclusive historical education, highlighting how race was used to justify slavery and the ongoing impacts of this legacy on modern society. The author advocates for a revised curriculum that acknowledges the true nature of slavery and its contributions to systemic racism.

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The Banality Of Evil And The First Amendment, W. Bradley Wendel May 2004

The Banality Of Evil And The First Amendment, W. Bradley Wendel

Michigan Law Review

In the late spring and early summer of 1994, hundreds of thousands of people in Rwanda - an estimated ten percent of the population - were brutally murdered by their fellow citizens, generally for the "crime" of belonging to the socially and economically dominant, but numerically minority Tutsi ethnic group. The slaughter followed a systematic propaganda campaign coordinated by the Rwandan government, dominated by members of the Hutu ethnic group, who had long harbored grievances against Tutsis. The campaign demonized Tutsis as "devils," stirred up fear among the largely rural and poor Hutu population by propagating false information about a …

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Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins Apr 2004

Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins

Law Faculty Articles and Essays

Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …

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(Un)Masking Race-Based Intracorporate Conspiracies Under The Ku Klux Klan Act, Catherine E. Smith Jan 2004

(Un)Masking Race-Based Intracorporate Conspiracies Under The Ku Klux Klan Act, Catherine E. Smith

Scholarly Articles

The intracorporate conspiracy doctrine should not be applicable to § 1985(3) conspiracies. Section 2 of the Ku Klux Klan Act was designed to specifically challenge collective action and eliminate the many ways in which individuals conspired to engage in civil rights violations. Some commentators may argue that race-based intracorporate agreements are actionable under other federal antidiscrimination laws and state causes of actions. However, § 1985(3) fulfills a unique role in the national comprehensive civil rights scheme to eliminate different forms of bias-motivated and discriminatory actions. As the only federal civil conspiracy statute that punishes individuals who use collective resources to …

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Racial Profiling Of African-American Males: Stopped, Searched, And Stripped Of Constitutional Protection, 38 J. Marshall L. Rev. 439 (2004), Floyd D. Weatherspoon Jan 2004

Racial Profiling Of African-American Males: Stopped, Searched, And Stripped Of Constitutional Protection, 38 J. Marshall L. Rev. 439 (2004), Floyd D. Weatherspoon

UIC Law Review

No abstract provided.

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The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson Jan 2004

The Plight Of "Nappy-Headed" Indians: The Role Of Tribal Sovereignty In The Systematic Discrimination Against Black Freedmen By The Federal Government And Native American Tribes, Terrion L. Williamson

Michigan Journal of Race and Law

This Note concerns the role the government has played in the exclusion of Black Freedmen from Native American nations through its implementation and interpretation of the doctrine of tribal sovereign immunity ("tribal sovereignty" or "tribal immunity"). Part I discusses the background of the Freedmen within the Five Civilized Tribes and provides an overview of the doctrine of tribal sovereign immunity, including its role in the controversy concerning the status of Black Indians. Part II discusses the interpretations given to the doctrine of tribal sovereign immunity by United States courts and executive agencies and the effects of those interpretations on relations …

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Brown As Icon, Steven L. Winter Jan 2004

Brown As Icon, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

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Critical Race Histories: In And Out, Darren L. Hutchinson Jan 2004

Critical Race Histories: In And Out, Darren L. Hutchinson

Faculty Articles

Insider critiques of CRT also require critical assessment. Recent internal critics complain that racial identity discourse, including multidimensionality theory, marginalizes more important attention to material, class, or economic issues. If their claim holds true, the material harm critics serve a vital purpose: because racial injustice causes and interacts with economic deprivation, any progressive racial justice movement should interrogate class and economic inequality concems. Nevertheless, the analysis of the material harm critics suffers because it dichotomizes class and multidimensionality. Although these critics bifurcate multiplicity and class analysis, multiplicity theories relate to class analysis in two important respects. First, poverty has multidimensional …

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Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard Jan 2004

Brown Did Not Fail America, America Failed Brown, Patricia A. Broussard

Journal Publications

It is my belief that the failure of Brown v. Board of Education and the continuing problem of race in America stems from the fact that America never took ownership of the promise of Brown, and instead, viewed the decision purely in terms of desegregation, as opposed to integration. Consequently, integration has remained a concept instead of an action item. Implicit in this notion of desegregation is the idea that the races sit next to one another, while the concept of integration carries with it a much heavier burden. It appears that the races have never made a personal …

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Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas Jan 2004

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves Jan 2004

One Of These Things Is Not Like The Other: Analogizing Ageism To Racism In Employment Discrimination Cases, Rhonda M. Reaves

Journal Publications

The development of anti-discrimination law in the employment context was designed and applied with the elimination of race discrimination in mind. The expansion of anti-discrimination law to older workers has taken place within a legal system that encourages groups to present themselves as "similar to" African Americans. This article explores the difficulty of applying general anti-discrimination principles to the uniquely positioned group of older workers.

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Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard Harcourt Jan 2004

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard Harcourt

Faculty Scholarship

New reporting requirements and data collection efforts by over four hundred law enforcement agencies across the country – including entire states such as Maryland, Missouri, and Washington – are producing a continuous flow of new evidence on highway police searches. For the most part, the data consistently show disproportionate searches of African-American and Hispanic motorists in relation to their estimated representation on the road. Economists, civil liberties advocates, legal and constitutional scholars, political scientists, lawyers, and judges are poring over the new data and reaching, in many cases, quite opposite conclusions about racial profiling.

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"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade Jan 2004

"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade

Faculty Publications

There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism. This Article provides several examples of the rhetorical devices used by corporate spokespersons that ignore persisting problems with discrimination and racism by focusing solely on diversity efforts. Diversity rhetoric allows corporate managers to avoid responsibility for enduring discrimination in the workplace. Diversity efforts, without antidiscrimination efforts, increase the likelihood …

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Equivalence At Law (And Society): Social Status In Korea, Race In America, Ilhyung Lee Jan 2004

Equivalence At Law (And Society): Social Status In Korea, Race In America, Ilhyung Lee

Vanderbilt Journal of Transnational Law

Professor Lee's Article uses a comparison between the evolving role of social status in Korean society and that of race in the United States to explore Korean society and its legal system. Tracing the historical origins of status consciousness from the Confucianism of the Chosun dynasty to its vestiges in contemporary Korean society, Professor Lee notes several important parallels between social status in Korea and race in the United States. Emphasizing that there remain significant differences between the ways each functions in relation to law, Professor Lee argues that considering the two in equivalence is nonetheless analytically useful in both …

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Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld Jan 2004

Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld

Michigan Journal of Race and Law

This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …

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The Bottom Rung Of America's Race Ladder: After The September 11 Catastrophe Are American Muslims Becoming America's New N....S, Jonathan K. Stubbs Jan 2004

The Bottom Rung Of America's Race Ladder: After The September 11 Catastrophe Are American Muslims Becoming America's New N....S, Jonathan K. Stubbs

Law Faculty Publications

On September 11, 2001, did American Muslims become America's newest race? This essay offers preliminary observations regarding that question. ...

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The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru Jan 2004

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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