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- Textual material from the Rodney Lawrence Hurst, Sr. Papers (8)
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Articles 1 - 30 of 47
Full-Text Articles in Law and Race
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
Journal of Race, Gender, and Ethnicity
No abstract provided.
Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma
Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma
Michigan Law Review First Impressions
John P. Bringewatt's recent note makes several important observations about the Supreme Court's opinion in Snyder v. Louisiana. Although he provides reasonable support for the claim that Snyder represents a sea change in Batson jurisprudence, the US Supreme Court's fresh opinion in Thaler v. Haynes (rendered on February 22, 2010) reads the Snyder majority opinion narrowly and suggests the possibility that Snyder is not as potent as it should be. The Haynes per curiam's guarded reading of Snyder signals the need for courts to continue to conduct the bird's-eye cumulative analysis that the Court performed in Miller-El v. Dretke[hereinafter Miller-El …
Racial Cartels, Daria Roithmayr
Racial Cartels, Daria Roithmayr
Michigan Journal of Race and Law
This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups - homeowners' associations, school districts, trade unions, real estate boards and political parties - who gained signficant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values …
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
University of Michigan Journal of Law Reform
Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private …
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
Faculty Scholarship
Affirmative action, since its inception in 1961, has been under siege. The backlash against affirmative action began in earnest almost immediately following its origination through President John F. Kennedy’s and President Lyndon B. Johnson’s Executive Orders. Organized hostility in opposition to affirmative action crystallized early with “color-blind” theories posited and adopted, “reverse discrimination” alleged and embraced, and constitutional narrowing through adoption of white-privileged justifications. Enmity against affirmative action continues unabated today as exemplified by recent academic writings and studies purporting to prove that affirmative action positively injures African Americans and recent state-wide campaigns seeking to eradicate affirmative action through state …
Program: Ucf Book Festival
Textual material from the Rodney Lawrence Hurst, Sr. Papers
University of Central Florida Book Festival on April 17, 2010 at the Morgridge International Reading Center. Author Rodney Hurst is featured on page 27.
Postcard: Fifty Years Later, Revisiting Ax Handle Saturday In Jacksonville, Florida
Postcard: Fifty Years Later, Revisiting Ax Handle Saturday In Jacksonville, Florida
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Invitation to a reception honoring Mr. Rodney L. Hurst, Sr. on Tuesday, February 9th, 2010. At the Lufrano Intercultural Gallery. University of North Florida Student Union. Folder 3
Program: Jacksonville District Celebrates Black History Month
Program: Jacksonville District Celebrates Black History Month
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Program in celebration of Black History Month and Black Economic Empowerment. February 4, 2010
Preserving A Racial Hierarchy: A Legal Analysis Of The Disparate Racial Impact Of Legacy Preferences In University Admissions, Kathryn Ladewski
Preserving A Racial Hierarchy: A Legal Analysis Of The Disparate Racial Impact Of Legacy Preferences In University Admissions, Kathryn Ladewski
Michigan Law Review
Many public and private universities around the country employ legacy admissions preferences in order to give children of alumni special consideration in the admissions process. Such preferences disproportionately benefit white applicants at the cost of their nonwhite counterparts, because past generations of college students were less diverse than today's applicant pool. However, universities argue that their legacy preferences are justified because they assist in alumni fundraising efforts. This Note presents a statistical analysis to argue that legacy preferences are prohibited by the Civil Rights Act of 1964 because they have a discriminatory effect on minority college applicants and have not …
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
Michigan Journal of Race and Law
This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …
The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant
The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant
Journal Publications
No abstract provided.
Reconciling Equal Protection And Federal Indian Law, Bethany Berger
Reconciling Equal Protection And Federal Indian Law, Bethany Berger
Faculty Articles and Papers
In this essay for a festschrift in celebration of Philip Frickey and his work, I show how equal protection and federal Indian law can be reconciled without succumbing to what Professor Frickey has called the seduction of artificial coherence. Federal Indian policies increasingly face arguments that, in providing special treatment for individuals and groups defined in part by descent from indigenous tribes, they violate the requirement of equal protection before the law. I argue that such arguments ignore the congruence of federal Indian policy and equal protection as a matter of constitutional norms, constitutional history, and constitutional text. Federal Indian …
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Michigan Journal of Gender & Law
This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.
Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen
Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen
Publications
This article revises widespread application of the racialization thesis to Arabs, Muslims, and South Asians following September 11. It suggests in its place an “alienation thesis” to describe the formation of an alien identity for those perceived and treated as noncitizens. This thesis draws on Asian American and critical race scholarship to re-interpret sociological understandings of the post-September 11 response to Arabs, Muslims, and South Asians. The article concludes that shifting conceptions of this phenomenon is critical to reforming “alienating” practices that function not only to cause harm to their intended targets, but also to distort the legal requirements of …
Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond
Laws Of Race/Laws Of Representation: The Construction Of Race And Law In Contemporary American Film, 11 Tex. Rev. Ent. & Sports L. 219 (2010), Cynthia D. Bond
UIC Law Open Access Faculty Scholarship
Popular film has a lot to teach us about social narratives of law. Both law and film are story-telling, narrative systems. Accordingly, films about law are "overdetermined" in terms of narrative: they are stories about stories. Race is also a narrative system in which visual representation is key. The significance of the visual apprehension of race is deeply relevant to the legal construction of race as well. For example, in early citizenship cases and racial "passing" cases which persisted through the latter part of the 2 0th century. Since society constructs racial categories in large part by visual identification and …
Name Tags: Badges At Northeast Florida Book Festivals. 2008-2010.
Name Tags: Badges At Northeast Florida Book Festivals. 2008-2010.
Textual material from the Rodney Lawrence Hurst, Sr. Papers
This file includes name tags from the Florida Historical Society Annual Meeting with Rodney Hurst, Stetson Kennedy Award winner 2009. The Much Ado About Books Festival. Featured speaker Rodney Hurst at the Amelia Island Book Festival, and the Florida Heritage Book Festival in St. Augustine, Florida. September 12-13, 2008. Folder 2.
Speech: Martin Luther King Breakfast., Rodney Lawrence Hurst Sr
Speech: Martin Luther King Breakfast., Rodney Lawrence Hurst Sr
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A speech commemorating Martin Luther King and the Civil Rights Movement in 2010
Thank-You Card: To Rodney Hurst From University Of North Florida Continuing Education.
Thank-You Card: To Rodney Hurst From University Of North Florida Continuing Education.
Textual material from the Rodney Lawrence Hurst, Sr. Papers
No abstract provided.
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
All Faculty Scholarship
The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
NYLS Law Review
No abstract provided.
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown
NYLS Law Review
No abstract provided.
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer
NYLS Law Review
No abstract provided.
The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton
The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton
Publications
The Supreme Court--along with the rest of the country--has long divided over the question whether the United States has yet achieved a 'post-racial" society in which race no longer matters in significant ways. How, if at all, this debate is resolved carries enormous implications for constitutional and statutory antidiscrimination law. Indeed, a post-racial discomfort with noticing and acting upon race supports a zero-sum approach to equality: if race no longer matters to the distribution of life opportunities, a decision maker's concern for the disparities experienced by members of one racial group may be seen as inextricable from its intent to …
The Missing Minority Judges, Pat K. Chew, Luke T. Kelley-Chew
The Missing Minority Judges, Pat K. Chew, Luke T. Kelley-Chew
Articles
This essay documents the lack of Asian-American judges and considers the consequences.
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Publications
The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court's long struggle with the desegregation of public schools. This Article examines the decision's implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
Faculty Publications
No abstract provided.
Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles
Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N'Cobra) And Its Antecedents, Adjoa A. Aiyetoro, Adrienne D. Davis
Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N'Cobra) And Its Antecedents, Adjoa A. Aiyetoro, Adrienne D. Davis
Faculty Scholarship
Most of the legal scholarship on reparations for Blacks in America focuses on its legal or political viability. This literature has considered both procedural obstacles, such as statutes of limitations and sovereign immunity, as well as the substantive conception of a defensible cause of action. Indeed, Congressman John Conyers introduced H.R. 40, a bill to study reparations, in 1989 and every Congressional session since, and there have been three law suits that have received national attention. This Essay takes a different approach, considering reparations as a social movement with a rich and under-explored history. As Robin Kelley explains, such an …
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner
Faculty Scholarship
The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress has …