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Full-Text Articles in Law and Race
A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet
A Government Of Laws That Is A Government Of Men And Women, Mark Tushnet
Arkansas Law Review
I take Mark Killenbeck’s “provocative” article as an occasion for some informal comments about what Korematsu and Trump v. Hawaii tell us about the saying, “a government of laws, not a government of men and women.” My basic thought is that the “not” in the saying has to be replaced “but also.” And, in some sense we have always had to have known that the saying was wrong as stated. Whatever the laws are, they don’t make themselves. Nor do they administer themselves, nor interpret themselves. Men and women appear at the stages of enactment, application, and adjudication. So, for …
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin
Michigan Journal of Race and Law
At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …
Teaching Whren To White Kids, M. K.B. Darmer
Teaching Whren To White Kids, M. K.B. Darmer
Michigan Journal of Race and Law
This Article addresses issues at the intersection of United States v. Whren and Grutter v. Bollinger at a time when the reality of racial profiling was recently illustrated by the high-profile arrest of a prominent Harvard professor. Given the highly racialized nature of criminal procedure, there is a surprising dearth of writing about the unique problems of teaching issues such as racial profiling in racially homogeneous classrooms. Because African American and other minority students often experience the criminal justice system in radically different ways than do Whites, the lack of minority voices poses a significant barrier to effectively teaching criminal …
Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing
Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing
Michigan Journal of Race and Law
Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion and …
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
Michigan Journal of Race and Law
This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.
"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang
"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang
Michigan Journal of Race and Law
This Essay seeks to show that there is less to some of these apparent differences than meets the eye. While hate crimes may tend to be less routine and more violent than discriminatory traffic stops, closer examination of each shows the need to complicate our understanding of both. The work of social scientists who have studied bias-motivated violence and of legal scholars who have studied racial profiling- prominent among them my fellow panelist, Professor David A. Harris- reveals striking similarities and connections between the two practices. In particular, both hate crimes and racial profiling tend to be condemned only at …
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Subtracting Race From The "Reasonable Calculus": An End To Racial Profiling? United States V. Montero-Camargo 208 F.3d 1122 (9th Cir. 2000) Cert. Denied Sub Nom, Elisabeth R. Calcaterra, Natalie G. Mitchell
Michigan Journal of Race and Law
This Case Note presents the facts of Montero-Camargo, describes the decision of the Ninth Circuit Court in historical context, and analyzes the effect of the Court's holding. The Case Note argues that while the Ninth Circuit's decision to prohibit the use of race as a factor in determining the reasonableness calculus in traffic stops is progressive in spirit, implementing the decision will be difficult. Thus far, mechanisms designed to limit officers' use of race in traffic stops have been ineffective and have left victims with little recourse, resulting in a disproportionate number of innocent African American and Latino drivers …