Civil Rights and Discrimination Commons^™

Shadows: Du Bois And The Colonial Prospect, 1925, Nathaniel Berman

Villanova Law Review (1956 - )

No abstract provided.

An Historical Overview Of Student-Athlete Academic Eligibility And The Future Implications Of Cureton V. Ncaa, Michael J. Mondello

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Writing Off Race, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The constitutionality of affirmative action has now become one of the central topics in the politics of race. Ironically, the United States Constitution says absolutely nothing about affirmative action. The text never mentions the term, and the equal protection language in the Fourteenth Amendment simply begs the question of whether equality requires or precludes the use of affirmative action. The intent of the Framers is similarly unhelpful. We know that the drafters of the Fifth Amendment owned slaves, and the drafters of the Fourteenth Amendment envisioned a racially stratified society. But the Fourteenth Amendment was itself an affirmative action measure, …

From Madonna To Proletariat: Constructing A New Ideology Of Motherhood In Welfare Discourse, Tonya L. Brito

Villanova Law Review (1956 - )

No abstract provided.

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.

Proposition 209, Joseph John Chavez

Theses Digitization Project

No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

The Process Of Terry-Lawmaking, Daniel C. Richman

Faculty Scholarship

The organizers of this Conference obviously gave a lot of thought to its structure. We started off with a session that showed the Supreme Court at its best, working under the gentle leadership of Chief Justice Warren, and guided by the sage counsel of Justice Brennan, to balance the demands of the Fourth Amendment with the exigencies of street encounters. Now we come to a session in which the Supreme Court comes off well, not merely in one, but in both papers. For Steve Saltzburg, Terry itself may not have been perfect, but, over time, the Court has made it …

Race, Class, And Gender Essentialism In Tax Literature: The Joint Return, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.

Queer Margins, Queer Ethics: A Call To Account For Race And Ethnicity In The Law, Theory, And Politics Of "Sexual Orientation", Francisco Valdes

Articles

No abstract provided.

Racism In The Insanity Defense, Hava B. Villaverde

University of Miami Law Review

No abstract provided.

Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom

Washington and Lee Law Review

No abstract provided.

Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman

Washington and Lee Law Review

No abstract provided.

Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly

Washington and Lee Law Review

No abstract provided.

The Police And Violent Crime, Joseph D. Mcnamara

Washington and Lee Law Review

No abstract provided.

The Role Of Race In The Memphis Courts, D'Army Bailey

Washington and Lee Law Review

No abstract provided.

Reflections On The "Inevitability" Of Racial Discrimination In Capital Sentencing And The "Impossibility" Of Its Prevention, Detection, And Correction, David C. Baldus, George Woodworth, Charles A. Pulaski, Jr.

Washington and Lee Law Review

No abstract provided.

Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd

UF Law Faculty Publications

In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.

The Four Failures Of The Political Economy, Joseph P. Tomain

Faculty Articles and Other Publications

A contemporary policy analyst accustomed to the ways of the micro economic model might admit that the effects of certain types of environmental regulation, (the placement of hazardous waste facilities, for example) might disproportionately impact the poor because it is economically prudent to locate facilities where land is the cheapest. The harsh reality of this strategy is that poor people are more likely to live in poorer sections of the country; thus, the likelihood of being closer to such a facility is higher than that of the general populace. Thus, under this hypothesis, environmental equity is classbased and dictated by …

Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West

West Virginia Law Review

No abstract provided.

Equal Protection And Minimum Social Benefits: An Addendum To Professor West's Abolitionist Theory, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Arguments Appealing To Racial Prejudice: Uncertainty, Impartiality, And The Harmless Error Doctrine, Steven D. Debrota

Indiana Law Journal

No abstract provided.

Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw

Faculty Scholarship

One of the very few Black women's studies books is entitled All the Women Are White; All the Blacks Are Men, But Some of Us are Brave. I have chosen this title as a point of departure in my efforts to develop a Black feminist criticism because it sets forth a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. In this talk, I want to examine how this tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and …

Mccleskey V. Kemp: Constitutional Tolerance For Racially Disparate Capital Sentencing, Fredric J. Bendremer, Gale Bramnick, Joseph C. Jones Iii, Steven N. Lippman

University of Miami Law Review

No abstract provided.

In Re Associated Sign & Post, Inc.: The Affirmative Action Obligations Of Government Contractors In Indiana, J. Adam Bain

Indiana Law Journal

No abstract provided.

A Comment For Tom Shaffer: The Ethics Of Race, The Ethics Of Corruption, James J. Friedberg

West Virginia Law Review

No abstract provided.

Bibbs V. Block: Standard Of Causation And Burden Of Proof In An Individual Disparate Treatment Action Under Title Vii

Washington and Lee Law Review

No abstract provided.

Symposium Address: Racial Justice In The 1980s, Julius L. Chambers

Campbell Law Review

No abstract provided.

What Was Wrong With Dred Scott, What's Right About Brown, Robert A. Burt

Washington and Lee Law Review

No abstract provided.

A Letter To Professor Burt, Milner S. Ball

Washington and Lee Law Review

No abstract provided.