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Articles 271 - 300 of 394
Full-Text Articles in Civil Rights and Discrimination
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush
UF Law Faculty Publications
Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …
(E)Racing The Fourth Amendment, Devon W. Carbado
(E)Racing The Fourth Amendment, Devon W. Carbado
Michigan Law Review
It's been almost two years since I pledged allegiance to the United States of America - that is to say, became an American citizen. Before that, I was a permanent resident of America and a citizen of the United Kingdom. Yet, I became a black American long before I acquired American citizenship. Unlike citizenship, black racial naturalization was always available to me, even as I tried to make myself unavailable for that particular Americanization process. Given the negative images of black Americans on 1970s British television and the intra-racial tensions between blacks in the U.K. and blacks in America, I …
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …
The Colored Man Standing By The Punch Bowl, Michael K. Jordan
The Colored Man Standing By The Punch Bowl, Michael K. Jordan
Faculty Scholarship
This essay will explore racial dissonance and how it affects our thinking about race relations and social policy in America. The first part of this essay will examine the concept of race. Though we often think of race as delineating real characteristics that exist objectively, race is actually a socially created abstraction. In addition, how this abstraction changes over time will also be explored. This is another way of saying that "colored people" has been replaced by the term "black people." The difference between the two terms raises important questions about social policy. Next, this article explores the connection among …
Introduction: Theorizing The Connections Among Systems Of Subordination, Nancy Levit
Introduction: Theorizing The Connections Among Systems Of Subordination, Nancy Levit
Faculty Works
Theorizing the Connections Among Systems of Subordination introduces a symposium that addresses issues on the leading edge of identity theory, race theory, and critical social theory. It explains the concepts of anti-essentialism, intersectionality, multiple consciousness, multi-dimensionality, and post-intersectionality. It investigates the ways specific types of oppression - such as racism, sexism, classism, and homophobia - support and feed off of one another. It explores the dynamics of subordination that make different forms of subordination connected to each other - the mechanisms by which subordinating systems buttress each other. Where one sees sexism, one frequently can find racism; where classism exists, …
Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing
Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing
Michigan Journal of Race and Law
Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion and …
Pioneering The Lens Of Comparative Race Relations In Law: A. Leon Higginbotham, Jr. As A Model Of Scholarly Activism Symposium: Race, Values, And The American Legal Process - A Tribute To A. Leon Higginbotham, Jr., Tanya K. Hernandez
Faculty Scholarship
Judge A. Leon Higginbotham, Jr.'s scholarly legacy is one that continues to provide guidance for civil rights activism in the American legal process today. While the Judge's work as a legal scholar is justifiably lauded for its significant contribution to the development of a legal history of slavery and its consequences in the United States, his work also serves another significant role for legal scholars. I refer to Judge Higginbotham's pioneering use of comparative race relations in legal scholarship. In his examination of the South African racial context, the Judge methodically demonstrated the commonalities between the United States and South …
No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt
No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt
Michigan Journal of International Law
Although there have long been black lawyers in South Africa, during apartheid only a handful joined the ranks of the country's large commercial firms. Now, in the post-apartheid period, these firms are keenly aware of a range of economic and political incentives to hire black attorneys, and most are doing so at a record pace. Very few black attorneys, however, are enduring the path to partnership in these firms. Based on more than seventy-five interviews conducted in South Africa in 1999 and 2000, this Article both documents and critically examines the reasons for black attrition. While firms' incentives to integrate …
What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White
What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White
Michigan Law Review
One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy - who tragically died not long after his graduation - the Symposium not only brought an important topic to the forefront of legal thinking, it did so in an extraordinarily interesting way. For this was not a mere collection of papers; the authors met in small editorial groups to discuss their work in detail, and as a result the whole project has a remarkable coherence and …
Usa 2050: Identity, Critical Race Theory, And The Asian Century, Adrien Katherine Wing
Usa 2050: Identity, Critical Race Theory, And The Asian Century, Adrien Katherine Wing
Michigan Law Review
Robert Chang, a promising young scholar, has given us the first book on Asian Critical Race Theory, or AsianCrit, in his short, readable volume Disoriented: Asian Americans, Law, and the Nation-State. It is a loosely woven collection of essays divided into three parts, drawing upon work Professor Chang published in several earlier law review articles. This book is part of the Critical America Series of New York University Press. The general editors are Critical Race Theory (CRT) senior scholar Professor Richard Delgado of the University of Colorado Law School and his wife, legal researcher Jean Stefancic. The series has produced …
Foreword, Lennox L. Hinds
Foreword, Lennox L. Hinds
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang
"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang
Michigan Journal of Race and Law
This Essay seeks to show that there is less to some of these apparent differences than meets the eye. While hate crimes may tend to be less routine and more violent than discriminatory traffic stops, closer examination of each shows the need to complicate our understanding of both. The work of social scientists who have studied bias-motivated violence and of legal scholars who have studied racial profiling- prominent among them my fellow panelist, Professor David A. Harris- reveals striking similarities and connections between the two practices. In particular, both hate crimes and racial profiling tend to be condemned only at …
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon
Michigan Journal of Race and Law
This article proposes that direct or indirect references to the protected classes of race and/or gender should always be subject to the Chapman v. California "harmless beyond a reasonable doubt" standard. Once the defendant has shown appeals to racial or gender bias in prosecutorial argument or other conduct during his trial, the burden must shift to the prosecution to show at an immediate hearing outside the presence of the jury, beyond a reasonable doubt, that this impermissible appeal to bias did not affect the fairness of the defendant's trial. Furthermore, courts must take the examination of the prosecution's proof seriously, …
Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser
Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser
Michigan Journal of Race and Law
This Article links unscientific, race-based medical research to a broader, institutionalized pattern of racial profiling of Blacks in clinical decision-making. Far from providing a solution to the problem of racial health disparities, this Article shows that race-based health research fuels a collection of dubious background assumptions, creates a negative profile of Black patients, and reinforces taken-for-granted knowledge that leads to inferior medical treatment. This form of racial profiling is unjust, and also causes countless unnecessary deaths in the Black population.
When Success Breeds Attack: The Coming Backlash Against Racial Profiling Studies, David A. Harris
When Success Breeds Attack: The Coming Backlash Against Racial Profiling Studies, David A. Harris
Michigan Journal of Race and Law
The author proposes that in an ongoing debate on questions concerning the possibility of racial or other types of invidious discrimination by public institutions, we should apply a prima facie standard to these claims in the public arena. In other words, if African Americans or Latinos say that they have been the victims of racial profiling, we should not ask for conclusive proof in the strictest statistical sense; rather, if they can present some credible evidence beyond anecdotes, some statistics that indicate that we may, indeed, have a problem, the burden should then shift to the public institution-here, law enforcement …
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Faculty Articles
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed HRC's endorsement of D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by the most recent school of thought in …
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Michigan Journal of Race and Law
This Case Note presents the facts of Montero-Camargo, describes the decision of the Ninth Circuit Court in historical context, and analyzes the effect of the Court's holding. The Case Note argues that while the Ninth Circuit's decision to prohibit the use of race as a factor in determining the reasonableness calculus in traffic stops is progressive in spirit, implementing the decision will be difficult. Thus far, mechanisms designed to limit officers' use of race in traffic stops have been ineffective and have left victims with little recourse, resulting in a disproportionate number of innocent African American and Latino drivers …
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
Michigan Journal of Race and Law
This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Faculty Scholarship
This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …
Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks
Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Case For United States Reparations To African Americans, Adrienne D. Davis
The Case For United States Reparations To African Americans, Adrienne D. Davis
Human Rights Brief
No abstract provided.
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing
Michigan Journal of Race and Law
This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Michigan Journal of Race and Law
This article proposes "de-coding" as a method for unveiling the racist purpose behind the enactment of race-neutral legislation. Through the use of "code words," defined as “phrases and symbols which refer indirectly to racial themes, but do not directly challenge popular democratic or egalitarian ideals,” legislators can appeal to racist sentiments without appearing racist. More importantly, they can do so without leaving evidence that can be traced back as an intent to discriminate. This article proposes to use "de-coding" as a method to unmask the racist purpose behind the enactment of the 100:1 crack versus powder cocaine ratio for mandatory …
The Importance Of Being Biased, Anthony M. Dillof
The Importance Of Being Biased, Anthony M. Dillof
Michigan Law Review
The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick …
Historical Essay: In The Name Of God; An American Story Of Feminism, Racism, And Religious Intolerance: The Story Of Alma Bridwell White, Kristin E. Kandt
Historical Essay: In The Name Of God; An American Story Of Feminism, Racism, And Religious Intolerance: The Story Of Alma Bridwell White, Kristin E. Kandt
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush
Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush
UF Law Faculty Publications
Racism is understood by most White people to be an attitude of prejudice toward Blacks. In contrast, Blacks define racism more inclusively; it is a system of institutional preferences for Whites, resulting from historically ingrained prejudices Whites have against Blacks. People of goodwill are disinclined to attribute racial connotations to ordinary, everyday negative interactions involving Whites and people of color as long as the Whites are people of goodwill (people who do not think they have prejudiced attitudes). Second, goodwill comfort is important to maintain, causing many Whites to shy away from any discussions about race. People of goodwill have …
Turning The Tide In The Civil Rights Revolution: Elbert Tuttle And The Desegregation Of The University Of Georgia, Anne S. Emanuel
Turning The Tide In The Civil Rights Revolution: Elbert Tuttle And The Desegregation Of The University Of Georgia, Anne S. Emanuel
Michigan Journal of Race and Law
Truth is sometimes stranger than fiction. So it was in 1960 when Elbert Tuttle became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the federal appellate court with jurisdiction over most of the Deep South. Part of the genius of the Republic lies in the carefully calibrated structure of the federal courts of appeal. One assumption underlying the structure is that judges from a particular state might bear an allegiance to the interests of that state, which would be reflected in their opinions. Forming panels of judges from each of several states is supposed …
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change
Michigan Journal of Race and Law
Review of Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America by Eric Yamamoto
Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima
Race As Resistance: Racial Identity As More Than Ancestral Heritage, Chris K. Iijima
Touro Law Review
No abstract provided.