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Articles 631 - 660 of 697
Full-Text Articles in Civil Rights and Discrimination
Walking While Muslim, Margaret Chon, Donna E. Arzt
Walking While Muslim, Margaret Chon, Donna E. Arzt
Faculty Articles
In the post-9/11 era, what exactly is meant by race? This essay claims that both domestic civil rights law and international human rights law simultaneously create and obscure racial identity increasingly constructed through Muslim religious identity. The argument unfolds in several parts. First, by analogy to the racial formation process that occurred with the Japanese American community after World War II, we argue that a group's religious identity can contribute to the perception of a group as a racially different and inferior "other." Second, among other elements, religious identity is under-analyzed as a key element of racial formation. Third, post-9/11 …
Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse
Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse
Faculty Articles
This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.
The Washington 2004 Gubernatorial Election Crisis: The Necessity Of Restoring Public Confidence In The Electoral Process, Joaquin G. Avila
The Washington 2004 Gubernatorial Election Crisis: The Necessity Of Restoring Public Confidence In The Electoral Process, Joaquin G. Avila
Seattle University Law Review
This Article details the plethora of problems associated with Washington State's 2004 gubernatorial election and explores the proposed electoral reforms in light of prior threats to the electoral process. The Article postulates that electoral reforms in the administration of elections also present an important opportunity to provide minority communities with greater access to the political process. Part II of this Article begins with a history ofvoting discrimination in the United States. This history provides a context to the 2004 gubernatorial election in Washington. In addition, this history provides an important background context for assessing whether reforms in the administration of …
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Faculty Articles
In this article, Professors Robert Chang and Jerome Culp examine the state of race in America in the aftermath of the landmark Supreme Court decision of Brown v. Board of Education, focusing on the ten-year window preceding its fiftieth anniversary. Their findings reveal that while Brown established fundamental precedent in the area of race relations, racial inequality remains entrenched in a number of modern social institutions. Chang and Culp analyze this dilemma by focusing on three distinct trends. First, a cycle of inequality is driven by racial disparities in wealth and perpetuated by interlocking systems of education, housing, family, healthcare, …
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
Faculty Articles
This article discusses issues related to the study and teaching of race and ethnicity. Professor Chang explains the way race is taught or not taught in law schools is reflective of the historical and factual predicates we want our students to have. Faculty diversification can have an impact on the courses that are taught. Most, if not all, of the courses on critical race theory are taught by faculty-of-color. Most of the primary courses on Latinas/os and the law are taught by Latinas/os. If more related and primary courses are going to be offered by schools, then it seems that …
Syllabus: Asian Americans And The Law, Robert S. Chang
Syllabus: Asian Americans And The Law, Robert S. Chang
Faculty Articles
This is the accompanying syllabus to the essay by Professor Chang, “Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics.” The article explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate …
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
Faculty Articles
This article begins with the controversy over a proposed monument based on a widely disseminated photograph of three firefighters raising the American flag over the ruins of the World Trade Center. The three firefighters were White. The proposed monument would have had one White firefighter, one Black, and one Hispanic. This article argues that the controversy over the proposed monument serves as a microcosm for the larger and more important struggle over racial and gender diversity within fire departments, generally.
The Sojourner’S Truth And Other Stories, Robert S. Chang
The Sojourner’S Truth And Other Stories, Robert S. Chang
Faculty Articles
In this introductory essay to a cluster of articles on Migrations, Citizens, and Latinas/os, Professor Chang frames the work of Ruben Garcia, Camille Nelson, and Victor Romero as setting forth what might be described as truths that can be learned from the sojourner/immigrant. This essay argues that the sojourner/immigrant's contributions to U.S. society are often ignored or discounted, which may be due to a willful amnesia because we do not want to think about what we might owe the sojourner/immigrant with regard to her entry into the United States, her stay, and her departure.
Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender
Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender
Faculty Articles
In the days and weeks following the September 11 terrorist attacks, reports emerged of hate crimes, discrimination, and profiling directed at Arab Americans, Arabs, and Muslims in the United States. Although aware that the primary targets of the public and private response against terrorism were those of Arab or Muslim appearance, I realized that the backlash within the United States also affected Latinas/os and certain other subordinated groups. This Article grew out of my concern that while Latinas/os at first might be deemed "safe" by the American public, their negative societal construction made their targeting inevitable as the fervent, amorphous …
When Interests Diverge, Robert S. Chang, Peter Kwan
When Interests Diverge, Robert S. Chang, Peter Kwan
Faculty Articles
In this review of Mary Dudziak's important book, Cold War Civil Rights: Race and the Image of American Democracy (Princeton Univ. Press 2000), Professors Chang and Kwan find the book to provide compelling historical narratives about the intersection of the Cold War and civil rights struggles. Dudziak demonstrates through an amazing array of historical evidence a story that runs counter to the standard narrative of racial sin followed by racial redemption, which helps us to reassess who we are and to be cognizant of the work that remains.
Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade
Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade
Faculty Articles
Since the late 1980's, American media and politicians have produced and participated in a moral panic around the issue of illegal drug use. This panic has generated vivid pictures in the American imagination of drug users as a morally depraved, irresponsible, and willfully criminal underclass. Such images have fueled the "war on drugs," a multi-faceted rhetoric and policy approach to drug use that focuses on incarceration, interdiction, and other criminal justice strategies. The punitive approach of the war on drugs has bled into poverty and disability policy with alarming persistence. The trend has influenced numerous poverty alleviation and disability programs …
Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang
Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang
Faculty Articles
This closing essay to a symposium inaugurating UCLA Law School's Program in Critical Race Studies suggests that the racialized Asian American body can operate as a site for collective memory and thus serve as reminders of past mistakes in order to restrain current and future abuses of power. One of the lessons to be learned is from World War II when extreme subordination of one Asian American group, Japanese Americans, was accompanied by the elimination of certain barriers for another Asian American group, Chinese Americans. A similar dynamic may be happening now following September 11. With the increase in legal …
After Intersectionality, Robert S. Chang, Jerome Culp
After Intersectionality, Robert S. Chang, Jerome Culp
Faculty Articles
This essay is part of a symposium that looks at what Peter Kwan has described as post-intersectionality theory. It responds to the principal article in the symposium by Nancy Ehrenreich, Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems. While the authors applaud the effort by Ehrenreich to advance identity theory to account for multiple oppression, they suggest that Ehrenreich and other post-intersectionality scholars work to make these theories speak more directly to legal doctrine and legal actors.
Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan
Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan
Seattle University Law Review
The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking …
Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa
Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa
Seattle University Law Review
This Note examines a new development in federal Title VII sex discrimination jurisprudence specifically in the context of transsexual and homosexual plaintiffs, describing the courts' gradual shift away from formalism towards a more realistic approach in this area. Part II begins by examining the anatomical sex rule established by the three major pre-Schwenk decisions categorically rejecting transsexuals' Title VII claims. This section then considers the two subsequent Supreme Court decisions, Price Waterhouse and Oncale, and the Ninth Circuit's Schwenk opinion. Part II concludes that the Schwenk court correctly read Price Waterhouse and Oncale as mandating a departure from …
Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud
Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud
Faculty Articles
This is review essay based on Vijay Prashad, The Karma of Brown Folk (Minneapolis: University of Minnesota Press 2000). It engages the saga of immigration of South Asian to the United States. A primary focus is on the matrix of identity formation within the grammar of imperialism. It explores how modern regimes of power/knowledge constitute racialized subjects. The deployment of the "model minority" discourse is examined as it relates to South Asian Americans. Structures of power and strategies of resistance among South Asian Americans are highlighted and it is argued that building solidarities among all subordinated is the only viable …
Los Angeles As A Single-Cell Organism, Robert S. Chang
Los Angeles As A Single-Cell Organism, Robert S. Chang
Faculty Articles
In this article, Professor Robert S. Chang discusses the Los Angeles Police Department's Rampart scandal. Professor Chang compares Los Angeles to a single-celled organism that lives according to three basic survival rules. These three rules are: 1) keep out that which is undesirable, 2) isolate and control that which cannot be kept out, and 3) expel, whenever possible, undesirable elements. The author first discusses some of the historical antecedents to the Rampart scandal in Los Angeles. The author then discusses how the United States as a whole has historically acted according to the three basic survival rules exhibited by a …
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
Seattle University Law Review
Because the Ninth Circuit, in reaching its Thomas decision, relied on Smith's hybrid rights language, this Note will focus on the court's analysis of that subject. By applying the hybrid rights' dicta instead of following the actual holding in Smith, the Ninth Circuit reached a conclusion that is illogical and does not comport with current Supreme Court free exercise jurisprudence. This Note will discuss the Thomas court's analysis and will propose a logical interpretation of Smith that more closely reflects the Supreme Court's actual position regarding the Free Exercise Clause.
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Seattle University Law Review
This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …
Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon
Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon
Faculty Articles
Race and gender become even more abstract in the disembodied presence they inhabit online. This article outlines the importance of being sensitive to the under-identified online presence of race and gender related issues, with an in depth discussion of the complications these issues face.
Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller
Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller
Faculty Articles
This introduction examines the four articles in this cluster on LatCrit praxis. The four articles can be seen as case studies that explore different aspects of LatCrit praxis. Pedro Malavet examines the role literature and the arts can play as a form of antisubordinationist practice. Nicholas Gunia focuses on Jamaican music as a particular site of antisubordinationist practice, showing us that resistance comes in many forms and that LatCrit practitioners must have a broad theory for social change that is not limited to legislatures, courtrooms, classrooms, and law reviews. Alfredo Mirande Gonzalez employs personal narrative to tell us how he …
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Faculty Articles
Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Faculty Articles
Professor Robert Chang reviews Professor Eric Yamamoto’s Interracial Justice: Conflict And Reconciliation In Post-Civil Rights America. Professor Chang illustrates the analytic framework in Interracial Justice that shows us some of the ingredients necessary for a successful resolution. This book is the culmination of several years of activist lawyering and academic writing. In his book, Professor Yamamoto shares the lessons he has learned as an advocate and law professor.
Book Review: Lessons From Reconstruction For Libertarians: Betrayal And Illusion In The Struggle For Real Equality No Easy Walk To Freedom: Reconstruction And The Ratification Of The Fourteenth Amendment By James E. Bond, Henry W. Mcgee, Jr.
Seattle University Law Review
With regard to the struggles of the newly freed slaves, Dean Bond's study of the Reconstruction legislatures endorses the views of contemporary historians. These historians do not blame the freedman for failure to forge lasting instruments of liberation, instruments that might have transformed the formal equality promised by emancipation into a social order free of the stigmatizing racial oppression upon which American slavery, segregation, and racial oppression has been premised. Diligently researched and written, the book is of significant interest because of the coincidence of the author's empathy with Afro-Americans and his unwavering and unequivocal affirmation of racial equality, principles …
Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang
Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang
Faculty Articles
Professor Chang observes that Asians are often perceived as interlopers in the nativistic American "family." This conception of a nativist "family" is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived to be "illegitimate," such as Asians and Blacks, are policed either by rule of law or the force of sanctioned vigilante violence. Chang illustrates his thesis by drawing upon the three films referenced.
Who's Afraid Of Tiger Woods?, Robert S. Chang
Who's Afraid Of Tiger Woods?, Robert S. Chang
Faculty Articles
Responding to media celebrations on the 50th anniversary of Jackie Robinson’s breaking of the color barrier in Major League Baseball that portray America’s battle for racial justice having been won, this article posits putting racially diverse sport stars on a pedestal misleading. This goes on to ask and explain what sports represent in a democratic society and how Tiger Woods forces us to ask the ‘race’ question. Finally, the article discusses multiracialism and LatCrit scholarship.
The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro
The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro
Seattle University Law Review
This essay originally started out as a review of Charles Abernathy's casebook, <em>Civil Rights and Constitutional Litigation</em>, which the author was using to teach his "Civil Rights Litigation" course at the University of Baltimore. Since at some point in his career the author has used three of the four major casebooks available to law faculty teaching Civil Rights (the Abernathy casebook, Eisenberg's <em>Civil Rights Legislation</em>, and Low and Jeffries's <em>Civil Rights Actions</em>), he decided to extend this review to all four books. All four are quite good, including the newest, Nahmod, Wells & Eaton's <em>Constitutional Torts</em>. They all differ, however, …
The Dream That Will Not Die: Martin Luther King, Jr., And The Continuing American Revolution, Henry Mcgee
The Dream That Will Not Die: Martin Luther King, Jr., And The Continuing American Revolution, Henry Mcgee
Faculty Articles
Professor Henry W. McGee, Jr. reviews Bearing the Cross: Martin Luther King, Jr. and the Southern Christian Leadership Conference, By David J. Garrow. Bearing the Cross depicts Dr. Martin Luther King, Jr., while neither a lawyer nor a judge, belonged in the pantheon of American constitutional giants. From the Gethsemane of an Alabama jail, Dr. King carried the cross of freedom to the steps of the Lincoln Memorial, and ultimately to his own crucifixion on the balcony of a Memphis motel. The story of how a black Baptist minister caused the Constitution to be applied to all Americans is one …
The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos
The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos
Seattle University Law Review
This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. …
Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen
Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen
Seattle University Law Review
This Comment presents background information concerning genetic information and genetic testing. Section III then argues that privacy and autonomy are significant policy issues in connection with genetic information. As a result, the decision to have genetic testing performed should be an individual's choice, and genetic testing should never be compelled. Section IV argues that the failure to give genetic information special protection in the law has potentially harmful consequences. Section V surveys current efforts to protect genetic privacy, both by the federal government and states other than Washington. Section V also analyzes the current state of medical records privacy protection …