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Articles 91 - 120 of 166
Full-Text Articles in Civil Rights and Discrimination
Stories Absent From The Courtroom: Responding To Domestic Violence In The Context Of Hiv And Aids, Jane Stoever
Stories Absent From The Courtroom: Responding To Domestic Violence In The Context Of Hiv And Aids, Jane Stoever
Faculty Articles
HIV/AIDS dramatically impacts domestic violence survivors' needs and demands reconceptualization of current responses to domestic violence. This article aims to illuminate the problem of domestic violence in the context of HIV/AIDS and to prompt further development of legal response systems. Specifically, this article brings together the worlds of law, public health, and women's lived experiences to argue for recognizing and responding to domestic violence in the context of HIV/AIDS in the United States. Utilizing accounts of clients' experiences and data from public health studies, this article sets forth eight categories of HIV/AIDS-related domestic violence: repercussions from partner notification, use of …
Trans Politics On A Neoliberal Landscape, Dean Spade
Trans Politics On A Neoliberal Landscape, Dean Spade
Faculty Articles
These edited Keynote remarks from the Temple Political and Civil Rights Law Review Symposium on transgender law address how questions of law reform strategy relate to critical understandings of neoliberalism. The paper addresses questions of administrative governance, identity documentation, the relationship between law and social movements, and questions of economic and racial justice as applied to transgender politics.
Richard Delgado And The Politics Of Citation, Robert S. Chang
Richard Delgado And The Politics Of Citation, Robert S. Chang
Faculty Articles
Twenty-five years ago, Professor Richard Delgado published The Imperial Scholar. The article asserted that a group of white scholars dominated the field of civil rights scholarship to the exclusion of minority scholars. It created a firestorm of sorts with what one critic called a "serious charge of invidious racism on the part of respected legal scholars." Professor Derrick Bell described the piece as "an intellectual hand grenade, tossed over the wall of the establishment as a form of academic protest." Whether as firestorm or grenade, this foundational piece had a tremendous impact on the legal landscape. This brief essay examines …
Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang
Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang
Faculty Articles
In this essay, the authors offer an alternative rationale for amicus practice. This rationale emerges from thier experience working on a brief in support of marriage equality that sixty-three Asian American organizations endorsed. They found that an amicus brief can be an effective tool to engage and educate community-based organizations and their constituencies, thereby helping to advance social justice issues. Their story also illustrates how amicus practice can be used to organize communities around a legal issue and to democratize the courts. In this way, even if the effect of amicus briefs on litigation outcomes may be marginal, the process …
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Faculty Articles
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings as Constitutional Facts raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of …
Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender
Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender
Faculty Articles
The article discusses the history of struggle of Latin Americans and the legacy of gang violence in East Los Angeles, California. The author states that the positive thing about the place is the closeness of the community and families. However, the 2000 Census states that ninety-seven percent of the city's population is Latin American with about a quarter living below poverty line. Moreover, sociologists consider gang warfare as a defense of turf marked by defined geographic boundaries.
Secrecy And Democratic Decisions, Mark A. Chinen
Secrecy And Democratic Decisions, Mark A. Chinen
Faculty Articles
Secrecy to protect intelligence sources and methods appears often in the nation's discourse about controversial national security matters. Often it is asked whether such secrecy is consistent with the nation's democratic principles and processes. This article argues such principles and processes provide a framework through which we try to answer questions about secrecy and indeed legitimate them, but are often too broad to provide definitive guidance in specific cases. At the same time, the sources and methods argument itself is overbroad because of the nature of the sources and methods themselves; the tentative nature of intelligence assessments derived from those …
Liberal Mccarthyism And The Origins Of Critical Race Theory, Richard Delgado
Liberal Mccarthyism And The Origins Of Critical Race Theory, Richard Delgado
Faculty Articles
The article discusses the emergence of liberal McCarthyism and the origins of critical race theory in the U.S. It reviews the conflicting stories from Harvard Law School in Massachusetts and the University of California in Berkeley and Los Angeles about critical race theory. The article examines the role of radical professors Kingman Brewster, James Conant, Clark Kerr and Albert Bowker in McCarthyism. The author relates how professors David Trubek, Richard Abel, Staughton Lynd and Anthony Platt lost their job due to liberal McCarthyism.
Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker
Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker
Faculty Articles
No abstract provided.
Focus On Batson: Let The Cameras Roll, Mimi Samuel
Focus On Batson: Let The Cameras Roll, Mimi Samuel
Faculty Articles
While the Supreme Court outlawed discrimination in jury selection over 40 years ago, both empirical studies and candid interviews show that lawyers routinely rely on characteristics such as race, gender, and religion in striking prospective jurors. In large part, this practice continues because, when challenged, attorneys proffer non-verbal factors such as facial expressions, inattentiveness, eye contact (or lack thereof), or even laughing or coughing to justify their peremptory strikes. Without a way to assess the validity of these reasons, the trial judge and then the appellate court on review, have little ability to enforce the anti-discrimination prohibition set forth in …
Loving Indian Style: Maintaining Racial Caste And Tribal Sovereignty Through Sexual Assimilation, Carla Pratt
Loving Indian Style: Maintaining Racial Caste And Tribal Sovereignty Through Sexual Assimilation, Carla Pratt
Faculty Articles
Scholars have generally characterized Loving v. Virginia as a case about the line separating whites from blacks. But within the subtext of Loving there is an additional narrative about the line separating blacks from Indians. State laws governing miscegenation had a profound impact on tribal law and the practices of tribal people by indirectly regulating interracial relations between certain nonwhite groups of people and rendering blacks as undesirable partners for marriage.
Voting Rights In California: 1982-2006, Joaquin G. Avila, Eugene Lee, Terry Ao
Voting Rights In California: 1982-2006, Joaquin G. Avila, Eugene Lee, Terry Ao
Faculty Articles
The article provides a comprehensive description of voting discrimination in California from 1982 to 2006. This article was presented as a report to Congress during the 2006 reauthorization and amendments to the Voting Rights Act, 42 U.S.C. § 1973, et seq. The authors focus on the continued necessity for Section 5 review of changes affecting voting and for a bilingual election process in selected jurisdictions. In effect since 1965, Section 5 requires covered jurisdictions to submit all voting changes for approval to either the United States Attorney General or the United States District Court for the District of Columbia. The …
Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender
Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender
Faculty Articles
Professor Bender’s introduction focuses on two trends that emerged or accelerated in the past few years - (1) the localization of anti-Spanish and anti-immigrant sentiment and (2) the bundling of anti-Spanish regulation with other anti-immigrant regulation. Although both of these practices have roots in the last century," no doubt of late they have become more widespread and pronounced.
A Thousand Humiliations: What Brown Could Not Do, Bryan Adamson
A Thousand Humiliations: What Brown Could Not Do, Bryan Adamson
Faculty Articles
This article takes a critical examination of the current state of race and education. Particularly, it posits segregation within education is still largely intact today, despite various legal strides and pivotal court cases. In sum, it provides insight into the race landscape, and its legal evolution over the years.
Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman
Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman
Faculty Articles
This article will discuss the scope of services and rationale for the right to a free lawyer in civil matters as is the case in criminal cases. This right is currently provided in the 49 European member countries in the Council of Europe (COE), Australia, Canada, India, New Zealand, Hong Kong, Japan, Zambia, South Africa, and Brazil. Frequent reference will be made to a chart in the appendix, which condenses extensive information about programs in each of these countries. The article’s general conclusion regarding the foreign programs is that the right to a free lawyer in civil matters is a …
The Adventures Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Robert S. Chang, Adrienne D. Davis
The Adventures Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Robert S. Chang, Adrienne D. Davis
Faculty Articles
Through a series of letters, Professors Robert Chang and Adrienne Davis examine the politics of positionality in law and literary criticism. They use the scholarly debates and conversations around critical race theory and feminist legal theory as a starting point to formulate some thoughts about Critical Race Feminism ("CRF") and its future. The authors use the epistolary form as a literary device to allow them to collaborate on this project while maintaining their own voices. Thus, the letters are not dated. The letters pay particular attention to various border crossings: male attempts to engage in feminist literary criticism, white attempts …
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Faculty Articles
The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.
Latinos And American Law: Landmark Supreme Court Cases, Steven W. Bender
Latinos And American Law: Landmark Supreme Court Cases, Steven W. Bender
Faculty Articles
In this review, the author advocates for a work which provides much needed attention to Latinos in the context of American Law. Specifically, the review outlines key elements of Soltero’s work, which highlights Latino Supreme Court cases.
The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price
The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price
Faculty Articles
This article proceeds as follows. Because it is first necessary to recount some of the history of the Little Rock school cases, Part I discusses the origins and early steps in the long-running litigation. Part II considers the period from 1982 until 2004 when Richard Arnold was a member of the appellate panel assigned to the school cases. This part identifies three critical points of the Eighth Circuit's intervention under Judge Arnold's leadership. In Part III, I suggest how Arnold's motivations for his decisions in the Little Rock school cases related to both his particular view of the limitations of …
A Call From Jerome, Robert S. Chang
A Call From Jerome, Robert S. Chang
Faculty Articles
This short article is a homage to the late Professor Jerome M. Culp, Jr. who provided courage necessary to propel critical race legal scholarship. He focused on building coalitions in the Crit community and his more recent work urged looking inwards. While he has passed away, his call to action remains.
Reflections On Complicity, Julie Shapiro
Reflections On Complicity, Julie Shapiro
Faculty Articles
The author of this article participated in the litigation of Andersen v. King County, Washington in which lesbian and gay couples unsuccessfully sought access to marriage. Although part of the plaintiffs' litigation team, she is a feminist anti-assimilationist and as such, is generally opposed to articulating marriage as a priority of the lesbian/gay civil rights movement. Confronted with the undeniable reality that marriage has become the central demand of the lesbian and gay movement, the author explores the tensions and contradictions encountered during the litigation. The article examines how one might critically manifest resistance even while working for an assimilationist …
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla Pratt
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla Pratt
Faculty Articles
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by defining the theory of micro-reparations and providing the historical foundation which serves as the factual predicate to the claim that black Indians have for reparation. This part of the article establishes how the rule of hypo-descent or the "one drop rule" has served historically and presently to exclude black …
Essay: A Search For Reason In Fairy Tales, John F. Hernandez
Essay: A Search For Reason In Fairy Tales, John F. Hernandez
Faculty Articles
A fairy tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …
Race And The California Recall: A Top Ten List Of Ironies, Steven W. Bender, Keith Aoki, Sylvia Lazos
Race And The California Recall: A Top Ten List Of Ironies, Steven W. Bender, Keith Aoki, Sylvia Lazos
Faculty Articles
Arnold Schwarzenegger's election as governor of California in the 2003 recall campaign is rife with cruel ironies. An immigrant himself, he beat the grandson of Mexican immigrants, Lieutenant Governor Cruz Bustamante, by playing the race card, and managed to dodge allegations of his praise for Hitler as a strong leader. While the pundits say that the California recall was about angry voters lashing back at faithless, self-dealing politicians, more lurks beneath the surface. In California, racial and ethnic minorities now comprise a majority of the population, and the recall election brought barely concealed and seething schisms to the surface. Californians, …
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.
Critical Race Histories: In And Out, Darren L. Hutchinson
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 …
Employment Law - Racial Discrimination - Circumstantial Evidence Of Racial Discrimination May Be Introduced To Raise A Genuine Issue Of Material Fact, Patricia W. Moore
Employment Law - Racial Discrimination - Circumstantial Evidence Of Racial Discrimination May Be Introduced To Raise A Genuine Issue Of Material Fact, Patricia W. Moore
Faculty Articles
In Hopson v. DaimlerChrysler, the United States Court of Appeals for the Sixth Circuit decided whether summary judgment was appropriate for the defendant on racial discrimination claims based on violations of Title VII, 42 United States Code § 2000e-2000e-17 and the Elliott-Larsen Civil Rights Act, Michigan Compiled Laws Annotated 37.2101.
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, …
Should Klansmen Be Lawyers? Racism As An Ethical Barrier To The Legal Profession, Carla Pratt
Should Klansmen Be Lawyers? Racism As An Ethical Barrier To The Legal Profession, Carla Pratt
Faculty Articles
No abstract provided.