Civil Rights and Discrimination Commons^™

Identity Notes Part Ii: Redeeming The Body Politic, Adrienne D. Davis

Scholarship@WashULaw

These remarks were given in April 1996 at the First Annual LatCrit Conference, co-sponsored by California Western Law School and the Harvard Latino Law Review. While the body of Christ has not been used explicitly to order secular American law and political theory, a multi-dimensional analysis of his body in Western political theory would have to include its use at a critical historic moment as an organizing metaphor for the racial order of the United States and the consolidation of the national identity as white. Reclamation of the national identity as historically always diverse, documentation of the denial of citizenship …

Rights Of Slaves And Other Owned-Animals, Alan Watson

Scholarly Works

Part of a number of essays which follow are written by experts from various interdisciplinary fields at the request of Animal Law.

I chose the title with deliberation. My concern in this paper is not with moral theory, but with the law that has given rights to owned-animals, and the extent to which these rights have been enforced.

I believe that there is a three-fold hierarchy as to the extent of these rights in accordance with the animal that is their object. At the top of the hierarchy are rights accorded to slaves under a legal system that is not …

Discrimination Cases (The Supreme Court And Local Government Law: The 1995-1996 Term), Eileen Kaufman

Scholarly Works

No abstract provided.

Hopwood V. Texas: The Fifth Circuit Further Limits Affirmative Action Educational Opportunities, Therese M. Goldsmith

Maryland Law Review

No abstract provided.

"Prescriptive Equality": Two Steps Forward, Kent Greenawalt

Faculty Scholarship

In this Response to Professor Peters, Professor Greenawalt argues that prescriptive equality does have meaningful normative force. Prescriptive equality plays a reinforcing role when it agrees with nonegalitarian justice and is not incoherent when it pulls against nonegalitarian justice. Specifically, when one individual has been treated better than is required by nonegalitarian justice, a similarly situated and significantly related individual who is aware of that treatment may merit equivalent treatment because of widespread and deep-seated feelings about equality.

Lynching And The Law In Georgia Circa 1931: A Chapter In The Legal Career Of Judge Elbert Tuttle, Anne S. Emanuel

William & Mary Bill of Rights Journal

Elbert Parr Tuttle joined the federal bench in 1954, shortly after the Supreme Court decided Brown v. Board of Education. In 1960, he became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the court with jurisdiction over most of the deep south. As Chief Judge, he forged a jurisprudence that proved effective in overcoming the intransigence and outright rebellion of those who had long denied fundamental constitutional rights to African Americans.

This Essay traces an episode that occurred in 1931, when Tuttle spearheaded an effort to obtain a fair trial for John Downer, a …

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The First Slave (And Why He Matters), Jonathan A. Bush

Cardozo Law Review

This Article has two purposes. The narrower, straight historical purpose is to explore in further detail the status of blacks in the earliest years of Britain's colonies in the New World. The second, more legal aim is to explore what is, for many of us, still the hardest question in American legal history: namely, to understand the route by which slavery came to be legal in the early seventeenth century, in a culture that had long rejected unfree status and that seemed to retain that view.

Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder

Cardozo Law Review

Thomas Russell's wonderful paper A New Image of the Slave Auction is an example of how the best empirical work can result in conclusions that are so obviously "right" that they risk being mistaken as obvious. His paper serves as an important warning against a recurring problem in legal, as well as other scholarship: Picture thinking-in the sense of an unconscious (and as a result, unquestioning and uncritical) acceptance of familiar, traditional, comfortable imagery-so often blinds us.

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell

Cardozo Law Review

The slave auction is among the most powerful images in the history of the United States. Depictions of slave auctions vary, but of the recurring compositional elements, the most fearful and moving is the separation by sale of a young child from his or her mother. The slave auction image starkly represents the inhumanity of American slavery, the racism of the United States, and the contradictions of American liberalism.

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

Section 6: Voting Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Using The Law To Break Discriminatory Barriers To Fair Lending For Home Ownership, David H. Harris Jr.

North Carolina Central Law Review

No abstract provided.

Can Affirmative Action Survive In Education, Shawna A. Early

North Carolina Central Law Review

No abstract provided.

A Tribute To Professor Edward J. Littlejohn, John E. Mogk

Law Faculty Research Publications

No abstract provided.

Racism In The Insanity Defense, Hava B. Villaverde

University of Miami Law Review

No abstract provided.

Attainder And Amendment 2: Romer's Rightness, Akhil Reed Amar

Michigan Law Review

Call me silly. In fact, call me terminally silly. For despite Justice Scalia's remarkably confident claim, I believe, and shall try to prove below, that the Romer Court majority opinion invalidating Colorado's Amendment 2 was right both in form and in substance, both logically and sociologically. I stress "form" and "logic" at the outset because I share Justice Scalia's belief in the importance of these things in constitutional adjudication. I also share his commitment to constitutional text, history, and structure, and his suspicion of "free-form" constitutionalism. And so I shall highlight the text, history, and spirit of a constitutional clause …

Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush

UF Law Faculty Publications

Beginning with a discussion of the United States Supreme Court’s decision in McLaurin v. Oklahoma State Regents for Higher Education, this article discusses the meaning of “integration.” In McLaurin, the University of Oklahoma was forced to abandon its segregation policy and not separate black students from their white classmates in all settings (not just the classroom). The McLaurin decision raised the fundamental questions: "What is integration?" and "How is integration related to racial equality?" Significantly, the McLaurin Court clarifies that equality is premised on integration and that integration means more than just having a presence in an institution. …

Constitutional Law—Equal Protection - Race Shall Not Be The Predominant Factor In Congressional District Drawing, Kevin G. Beckham

University of Arkansas at Little Rock Law Review

No abstract provided.

Affirmative Action In Higher Education: Lessons And Directions From The Supreme Court, Krista L. Cosner

Indiana Law Journal

No abstract provided.

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Faculty Scholarship

No abstract provided.

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

The Three-Judge District Court In Voting Rights Litigation, Michael E. Solimine

University of Michigan Journal of Law Reform

In recent Terms the Supreme Court has heard numerous appeals from the decisions of three-judge district courts in controversial Voting Rights Act cases as well as in challenges to congressional districts designed allegedly to facilitate the election of members of minority groups. Although the cases themselves have been followed closely, the institution of the three-judge district court itself has received relatively little attention, even though Congress passed legislation in 1976 that restricted the three-judge court's jurisdiction to reapportionment and certain Voting Rights Act cases. In this Article, Professor Solimine argues that numerous problems attend the formation and operation of such …

Is Amendment 2 Really A Bill Of Attainder? Some Questions About Professor Amar's Analysis Of Romer, Roderick M. Hills Jr.

Michigan Law Review

As I first discovered as a law student in Professor Amar's classes on legal history and federal courts, it is generally an intellectual treat to listen to Professor Amar's legal analysis, even when he is attacking one's own arguments. So my pleasure at reading Professor Amar's analysis of the Court's decision in Romer v. Evans was only partly dampened by his disapproval of the respondents' brief that I and other plaintiffs' counsel filed with the Court. According to Amar, this respondents' brief provided the Court with "so little help" that it had to rely on an entirely different and much …

Protecting Rights And Promoting Democracy: Judicial Review Under Section 1 Of The Charter, Martha Jackman

Osgoode Hall Law Journal

The author argues that, under section 1 of the Charter, the courts must weigh carefully the democratic potential of rights guarantees against the democratic quality of government decisions which undermine those rights. The article points to the Egan and Eldridge cases as examples of decisions in which the willingness to uphold rights violations under section 1, in the name of deference to the legislature, actually undermines democratic values. The article examines the RIR-MacDonald decision as a starting point for a section 1 analysis which identifies the characteristics of government decisionmaking that must be present if rights violations are to be …

Fax: Inside Source September 25, 1996, Inside Source Inc

Saffy Collection - All Textual Materials

A fax sent to keep people informed about political decisions about Jacksonville and North Florida, "A newsletter for Decision Makers".

Fax: Celebrating The Success Of The Family And Medical Leave Act, September 24, 1996., Clinton Gore 96

Saffy Collection - All Textual Materials

A fax sent to disseminate information about the President Clinton success with the Family and Medical Care Act.

Fax: Fighting For Quality Health Care, September 23, 1996, Clinton Gore 96

Saffy Collection - All Textual Materials

A fax sent to disseminate information about the President Clinton fighting for healthy families through Health Insurance Reform Act (Kassembaum-Kennedy Bill), Family and Medical Leave Act, Childhood Immunization Initiative, Women Infants and Children Program (WIC), and other health care initiatives.