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Articles 1 - 30 of 40
Full-Text Articles in Law and Race
The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman
The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman
UC Irvine Law Review
No abstract provided.
The Invention Of Asian Americans, Robert S. Chang
The Invention Of Asian Americans, Robert S. Chang
UC Irvine Law Review
No abstract provided.
Citizenship, Voting, And Asian American Political Engagement, Ana Henderson
Citizenship, Voting, And Asian American Political Engagement, Ana Henderson
UC Irvine Law Review
No abstract provided.
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine
Articles by Maurer Faculty
In 1842, the Supreme Court issued a landmark decision in Prigg v. Pennsylvania, resolving a dispute about fugitive slave rendition that had raged between the states for decades. H. Robert Baker’s analysis of the decision and the events that led up to it is the first book-length work to investigate Prigg and its place in American history. Baker traces the development of fugitive slave laws and recounts the heart-wrenching story that lies behind Prigg to shed light on the Supreme Court’s decision and the gradual clarification of American federalism.
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene
University of Michigan Journal of Law Reform
This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …
Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels
Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels
All Faculty Scholarship
This booklet ( a joint project of the Advancement Project and the Lawyer's Committee for Civil Rights Under Law) provides an extensive overview of restrictive voting laws, especially concerning minority voters. Daniels begins with a summary of voter obstructions and intimidation in the 2012 election, and then places that within the context of the history of voting and race in America.
Most recently, the Section 5 protections of the Voting Rights Act of 1965 were effectively removed by the Shelby County v. Holder Supreme Court decision. Daniels then explains what this means practically and legally for minority voters and how …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
UC Irvine Law Review
No abstract provided.
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
UIC Law White Papers
No abstract provided.
Pimping Brown V. Board Of Education: The Destruction Of African-American Schools And The Mis-Education Of African-American Students, Irving Joyner
Pimping Brown V. Board Of Education: The Destruction Of African-American Schools And The Mis-Education Of African-American Students, Irving Joyner
North Carolina Central Law Review
No abstract provided.
Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii
Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii
School of Law Faculty Publications
Article explores how civil society might become sufficiently organized to hold business accountable beyond consumer choice, and government beyond merely voting.
Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle
Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle
Articles
Countless academics have examined and discussed the importance of Chambers v. Mississippi in a multitude of areas including compulsory due process, admission of hearsay, third party guilt evidence, false confessions, racial evaluations of hearsay and witnesses, and morally reasonable verdicts. In contrast, this article attempts to excavate the account of a rural Mississippi community’s struggle for rights that underlies the U.S. Supreme Court decision in Chambers. On its face, the case has no link or reference to the civil rights movement. However, this paper reveals that local civil rights activists took armed, direct economic action for equal rights Woodville, Mississippi, …
Brief Amicus Curiae For The Honorable Congressman John Lewis In Support Of Respondents And Intervenor-Respondents, Shelby County V. Holder (No. 12-96), U.S. Supreme Court (January 2013) (With Deborah N. Archer, Tamara C. Belinfanti & Erika L. Wood)., New York Law School Racial Justice Project.
Brief Amicus Curiae For The Honorable Congressman John Lewis In Support Of Respondents And Intervenor-Respondents, Shelby County V. Holder (No. 12-96), U.S. Supreme Court (January 2013) (With Deborah N. Archer, Tamara C. Belinfanti & Erika L. Wood)., New York Law School Racial Justice Project.
Racial Justice Project
No abstract provided.
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …
Checking Out Of The Exception To 3-104: Why Parties Should Be Able To Negotiate Whether Checks Should Be Payable On Demand, 3 Colum. J. Race & L. 73 (2013), Linda R. Crane
UIC Law Open Access Faculty Scholarship
Many aspects of American society, including its legal system, operate to the disadvantage of minorities. Obvious examples include inequities in our criminal/justice system and in school funding. Much has been written on those and other topics. This article focuses on another example, specifically on how a sweeping change to an obscure banking rule regulating the check collection process has negatively affected consumers in general, and minority groups in particular.
U.S. check collections require a complex system comprised of a variety of institutions including commercial banks, savings and loans, savings banks, and credit unions, as well as the customers who rely …
A Thought Experiment: Brown V. Board Of Education Of Topeka, Kansas, Louis Michael Seidman
A Thought Experiment: Brown V. Board Of Education Of Topeka, Kansas, Louis Michael Seidman
The Modern American
No abstract provided.
"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri
"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri
Articles
No abstract provided.
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Spearit
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Spearit
Articles
This work examines mass incarceration through a ritual studies perspective, paying explicit attention to the religious underpinnings. Conventional analyses of criminal punishment focus on the purpose of punishment in relation to legal or moral norms, or attempt to provide a general theory of punishment. The goals of this work are different, and instead try to understand the cultural aspects of punishment that have helped make the United States a global leader in imprisonment and execution. It links the boom in incarceration to social ruptures of the 1950s and 1960s and posits the United States’ world leader status as having more …
Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson
Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson
Faculty Scholarship
Very few theories have generated the kind of interdisciplinary and global engagement that marks the intellectual history of intersectionality. Yet, there has been very little effort to reflect upon precisely how intersectionality has moved across time, disciplines, issues, and geographic and national boundaries. Our failure to attend to intersectionality’s movement has limited our ability to see the theory in places in which it is already doing work and to imagine other places to which the theory might be taken. Addressing these questions, this special issue reflects upon the genesis of intersectionality, engages some of the debates about its scope and …
The Court's Denial Of Racial Societal Debt, Kimberlé W. Crenshaw
The Court's Denial Of Racial Societal Debt, Kimberlé W. Crenshaw
Faculty Scholarship
In this year of civil rights anniversaries, the narrative of racial progress has been tempered by the Supreme Court’s game-changing decisions this past summer. The notion that “we’ve come a long way and we have much more work to do” sounds ever more like wishful thinking in the face of a Supreme Court that is no longer an active contributor to the cause. Having abandoned its unprecedented insistence that white supremacy be upended root and branch, the current Court’s boldness is measured by its audacious efforts to reverse engineer the transformative mechanisms these anniversaries celebrate.
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Faculty Works
When the Supreme Court hears arguments this fall about the constitutionality of affirmative action policies at the University of Texas, attention will be focused once again on Justice Anthony Kennedy. With the rest of the Court split between a bloc of four reliably liberal jurists and an equally solid cadre of four conservatives, the spotlight regularly falls on Kennedy, the swing voter that each side in every closely divided and ideologically charged case desperately hopes to attract. Critics condemn Kennedy for having an unprincipled, capricious, and self-aggrandizing style of decision-making. Though he is often decisive in the sense of casting …
Federal Preemption And Immigrants' Rights, Karla M. Mckanders
Federal Preemption And Immigrants' Rights, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
Recently, immigration scholars have focused on the relationship between federal, state, and local governments in regulating immigration to the exclusion of civil rights issues. States and localities assert that they should be able to use their Tenth Amendment police powers to regulate unauthorized immigrants within their borders, while the federal government claims exclusivity in the area of immigration law and policy. In the middle of this debate, there is the question of whether states abrogate individual civil rights and civil liberties when exercising their police powers to regulate immigration. This article takes a detailed look at these complex issues of …
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
All Faculty Scholarship
No abstract provided.
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
Publications
The current legal framework for protecting voting rights in the United States has been dramatically destabilized by Supreme Court decisions re-interpreting the protections against minority vote dilution and requires rethinking to survive modern challenges. At the same time, the nation has itself undergone dramatic changes in the racial composition of its polity and in the complexity and salience of race as a factor in political life. In this paper, we focus on a relatively unexamined constituent of this complex reality of modern racial diversity that illustrates some of the core features that all minority groups face in continuing VRA challenges: …
The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones
The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones
Faculty Scholarship
No abstract provided.
The Promises Of Freedom: The Contemporary Relevance Of The Thirteenth Amendment, William M. Carter Jr.
The Promises Of Freedom: The Contemporary Relevance Of The Thirteenth Amendment, William M. Carter Jr.
Articles
This article, an expanded version of the author's remarks at the 2013 Honorable Clifford Scott Green Lecture at the Temple University Beasley School of Law, illuminates the history and the context of the Thirteenth Amendment. This article contends that the full scope of the Thirteenth Amendment has yet to be realized and offers reflections on why it remains an underenforced constitutional norm. Finally, this article demonstrates the relevance of the Thirteenth Amendment to addressing contemporary forms of racial inequality and subordination.
Across The Hudson: Taking The Stop And Frisk Debate Beyond New York City, David A. Harris
Across The Hudson: Taking The Stop And Frisk Debate Beyond New York City, David A. Harris
Articles
This article presents the results of a survey conducted by the author of 56 police departments across the country concerning the practice of data collection on stop and frisk practices of those police departments. These results are discussed against the backdrop of the debate on stop and frisk, examined in this article through a review of the legal basis for the practice and its use by police departments. The article then argues that greater data collection efforts in places other than New York City, where such efforts have been more robust than elsewhere, could broaden and deepen the debate on …
Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran
Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran
Faculty Scholarship
The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring court-ordered busing to a school system outside the South. In the intervening years, that initial success became laden with irony. Because Denver was a tri-ethnic community of whites, blacks, and Latinos, the litigation revealed the complexities of pursuing reform in a school district not defined by a history of black-white relations.
The courts had to decide whether Latinos would count as …