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Full-Text Articles in Law and Race

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr. Nov 2007

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan May 2007

Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan

University of Richmond Law Review

No abstract provided.


Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm Jan 2007

Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm

UIC Law Review

No abstract provided.


Reparations, Social Reconciliation, And The Significance Of Place: A Legal And Philosophical Examination Of Indigenous Cases In The United States And Their Global Implications, Jill M. Fraley Jan 2007

Reparations, Social Reconciliation, And The Significance Of Place: A Legal And Philosophical Examination Of Indigenous Cases In The United States And Their Global Implications, Jill M. Fraley

Scholarly Articles

During genocide, populations are frequently displaced from their homelands. In the process of reparations, displacement is often viewed as a problem of shelter, food, and safety. In this framework, land is treated as an economic commodity—any given piece of land is interchangeable with another or for money. This approach is a product of Enlightenment thinking, which emphasizes the rights of the individual over communal rights to land, and conceptualizes land and social identity as strongly separated. This Enlightenment framework of rights, and the accompanying de-emphasis of place, is particularly strong in the United States. Because American legal principles have played …


Reviving The Right To Vote, Ellen D. Katz Jan 2007

Reviving The Right To Vote, Ellen D. Katz

Articles

Losers in partisan districting battles have long challenged the resulting districting plans under seemingly unrelated legal doctrines. They have filed lawsuits alleging malapportionment, racial gerrymandering, and racial vote dilution, and they periodically prevail. Many election law scholars worry about these lawsuits, claiming that they needlessly "racialize" fundamentally political disputes, distort important legal doctrines designed for other purposes, and provide an inadequate remedy for a fundamentally distinct electoral problem. I am not convinced. This Article argues that the application of distinct doctrines to invalidate or diminish what are indisputably partisan gerrymanders is not necessarily problematic, and that the practice may well …


Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson May 2006

Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson

University of Richmond Law Review

No abstract provided.


Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton May 2006

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.


Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz Apr 2006

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.


The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring Jan 2006

The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring

UIC Law Review

No abstract provided.


Appellate Review Of Racist Summations: Redeeming The Promise Of Searching Analysis, Ryan Patrick Alford Jan 2006

Appellate Review Of Racist Summations: Redeeming The Promise Of Searching Analysis, Ryan Patrick Alford

Michigan Journal of Race and Law

This Article addresses the question of the appropriate response of appellate counsel for Black defendants tarred at trial by the indirect deployment of powerful racial stereotypes. The crux of the problem is that even now, the courts only take exception to blatant racist appeals, even though indirectly racist summations can have a determinative impact at trial. In laying out the contours of the problem, we must draw upon the discipline of rhetoric, or persuasion through oration, to describe various techniques of intentional indirectness that prosecutors use to obviate the possibility of appellate review under the stringent standards of the Fourteenth …


The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii Jan 2006

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii

Michigan Journal of Race and Law

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …


The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick Jan 2006

The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick

All Faculty Scholarship

This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …


How Should A Court Deal With A Primary Question That The Legislature Seeks To Avoid?, Gidon Sapir Jan 2006

How Should A Court Deal With A Primary Question That The Legislature Seeks To Avoid?, Gidon Sapir

Vanderbilt Journal of Transnational Law

Legislative avoidance of principled decisions on substantive questions by transferring the decision-making task to the executive branch, is a frequent scenario. The legislature does this by way of either express or hidden delegation, i.e., by using ambiguous wording that on its face only requires interpretation but which in fact requires a substantive decision on the matter at stake. The Israeli legislature resorted to the hidden delegation tactic to avoid the adoption of a substantive decision in the dispute over the question of who is a Jew--a dispute that has divided Israeli society and World Jewry (especially its U.S. component) since …


The Riddle Of Hiram Revels, Richard A. Primus Jan 2006

The Riddle Of Hiram Revels, Richard A. Primus

Articles

In 1870, a black man named Hiram Revels was named to represent Mississippi in the Senate. Senate Democrats objected to seating him and pointed out that the Constitution specifies that no person may be a senator who has not been a citizen of the United States for at least nine years. Before the ratification of the Fourteenth Amendment in 1868, the Democrats argued, Revels had not been a citizen on account of the Supreme Court's 1857 decision in Dred Scott v. Sandford. Thus, even if Revels were a citizen in 1870, he had held that status for only two years. …


Teaching Civil Procedure Stories, Nancy S. Marder Mar 2005

Teaching Civil Procedure Stories, Nancy S. Marder

Journal of Legal Education

No abstract provided.


Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer Jan 2005

Decline Of Title Vii Disparate Impact: The Role Of The 1991 Civil Rights Act And The Ideologies Of Federal Judges, Michael J. Songer

Michigan Journal of Race and Law

This study employs various statistical techniques to test the efficacy of the 1991 Civil Rights Act in moderating the highly restrictive disparate impact regime imposed by Wards Cove, and to evaluate the hypothesis that political ideology should be a more powerful predictor of case outcomes following the 1991 Act. Part I of the paper describes the evolution of disparate impact doctrine from 1971 to the present. Part II analyzes data from randomly selected disparate impact cases brought by African American plaintiffs and finds that the current disparate impact doctrine emanating from the 1991 Civil Rights Act dramatically decreases the likelihood …


Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux Jan 2005

Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux

Publications

This article discusses the underlying policy rationales for statutes of limitations and their exceptions, as demonstrated by Supreme Court precedents. This article explores limitations law in the context of a case brought by African-American survivors of the Tulsa Race Riot of 1921 who sought restitution from the local government for its participation in one of the worst race riots in American history, in violation of their constitutional and federal civil rights. Using the Tulsa case as an exemplar, this article analyzes the propriety of the case’s dismissal as time-barred, and contends that this outcome was unwarranted under precedents and failed …


The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price Jan 2005

The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price

Faculty Articles

This article proceeds as follows. Because it is first necessary to recount some of the history of the Little Rock school cases, Part I discusses the origins and early steps in the long-running litigation. Part II considers the period from 1982 until 2004 when Richard Arnold was a member of the appellate panel assigned to the school cases. This part identifies three critical points of the Eighth Circuit's intervention under Judge Arnold's leadership. In Part III, I suggest how Arnold's motivations for his decisions in the Little Rock school cases related to both his particular view of the limitations of …


The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr. Nov 2004

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.

University of Richmond Law Review

No abstract provided.


Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh Aug 2004

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh

Law Faculty Articles and Essays

Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …


Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson Jan 2004

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer Jan 2004

A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

Part I of this Article considers the different voices and perspectives added to the judiciary by the appointment of minorities. Part II analyzes the many impacts of diversity on the bench, including greater judicial impartiality. Part III sets forth the arguments supporting a diverse jury pool and discusses how they inform the analysis of the quest for racial diversity among judges. Part IV outlines a principled approach to the pursuit of judicial diversity.


Toward An Understanding Of Judicial Diversity In American Courts, Barbara L. Graham Jan 2004

Toward An Understanding Of Judicial Diversity In American Courts, Barbara L. Graham

Michigan Journal of Race and Law

Part I of this Article explores the utility of descriptive representation as an important concept in understanding why judicial diversity matters from a political perspective. Part II begins an empirical examination of judicial diversity at the federal level while Part III presents an analysis of state court diversity. The data presented in Parts II and III indicate that judges of color are underrepresented at all levels of the federal and state court systems and that particular racial and ethnic groups are virtually excluded from federal and state benches. The conclusion argues that the data presented in this Article support a …


Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams Jan 2004

Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams

Michigan Journal of Race and Law

As is evident from these articles, the question of judicial diversity is far more complex and nuanced than the current debate suggests. Many unanswered questions remain. The scholars in this issue and the others who presented their work at our convening have begun to reframe the debate and identify the hardest questions. We hope that this symposium issue will provoke further thought and provide a context for additional scholarship that will help us to answer those questions.


First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji Jun 2003

First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji

Michigan Law Review

The tension between equality and discretion lies at the heart of some of the most vexing questions of constitutional law. The considerable discretion that many official decisionmakers wield raises the spectre that violations of equality norms will sometimes escape detection. This is true in a variety of settings, whether discretion lies over speakers' access to public fora, implementation of the death penalty, or the recounting of votes. Is the First Amendment violated, for example, when a city ordinance gives local officials broad discretion to determine the conditions under which political demonstrations may take place? Is equal protection denied where the …


Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz Jun 2003

Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz

Michigan Law Review

A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …


The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover Jan 2003

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.


Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter Jan 2003

Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter

UIC Law Review

No abstract provided.


In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner Jan 2003

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents


How Much Do We Really Know About Race And Juries? A Review Of Social Science Theory And Research, Samuel R. Sommers, Phoebe C. Ellsworth Jan 2003

How Much Do We Really Know About Race And Juries? A Review Of Social Science Theory And Research, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

The past decade has witnessed numerous high-profile criminal trials in which controversial verdicts have been attributed to racethe race of the defendant, the racial composition of a jury, an attorney "playing the race card," and so on. A predominantly Black jury's acquittal of O.J. Simpson and White jurors' leniency in the police brutality cases of Rodney King and Amadou Diallo not only sparked public debate, but also led to rioting and violence. In the wake of trials such as these, many have questioned the viability of the American jury system.' More specific questions regarding the influence of race on jury …