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Full-Text Articles in Law and Race
Racial Purges, Robert L. Tsai
Racial Purges, Robert L. Tsai
Michigan Law Review
Review of Beth Lew-Williams' The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America.
An "Unintended Consequence": Dred Scott Reinterpreted, Sam Erman
An "Unintended Consequence": Dred Scott Reinterpreted, Sam Erman
Michigan Law Review
Austin Allen's monograph marks the 150th anniversary of the decision in Dred Scott v. Sandford with a revisionist interpretation of that oft-examined case. Many scholars have portrayed the case as a proslavery decision that fanned sectional fires. After all, the Court held that blacks were not U.S. citizens and that Congress was impotent to bar slavery in U.S. territories. Allen, by contrast, understands the case primarily as a judicial attempt to rationalize federal commerce and slavery jurisprudences. Part I argues that this ambitious reinterpretation enriches, but does not topple, existing Dred Scott historiography. In the case of the Court's citizenship …
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Michigan Law Review
So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …
Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie
Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie
Michigan Law Review
A Japanese alien paid for some agricultural land in California which was conveyed to his seven-year-old citizen son. All records indicated that the son owned the land, although the father, his guardian, managed it. The California Alien Land Law prohibits ownership of any interest in agricultural land by aliens ineligible for citizenship. Property acquired in violation of the statute escheats as of the date of acquisition as does land transferred "with intent to prevent, evade, or avoid escheat." This intent is presumed prima facie whenever an ineligible alien pays the consideration for a transfer of land to one who may …