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Full-Text Articles in Law and Race
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim
BYU Law Review
Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …
Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk
Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk
Brigham Young University Journal of Public Law
This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and 2010, a racial or ethnic violation of the Fair Housing Act of 1968 or the Fair Housing Amendments Act of 1988 is alleged. The results reveal significant variations in outcomes between these groups across the country. Most importantly, the probability of an outcome favorable to the complainant …
Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow
Walls Or Bridges: Law’S Role In Conflicts Over Religion And Equal Treatment, Martha Minow
BYU Law Review
Presented as the Bruce C. Hafen Lecture, Brigham Young University Law School January 18, 2023
“[D]o you see religion as a club or do you see religion as a path? Do you see it as a wall that separates you or do you see it as a bridge that connects you to God and other people?
— Keith Ellison1
The Federalist And The Fourteenth Amendment — Publius In Antebellum Public Debate 1788–1860, Kurt T. Lash
The Federalist And The Fourteenth Amendment — Publius In Antebellum Public Debate 1788–1860, Kurt T. Lash
BYU Law Review
No abstract provided.
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
Admitting A Wrong: Apology For The Historical Injustice Of The Dred Scott Case, Laura Kyte
BYU Law Review
No abstract provided.
Country Club Sports: The Disparate Impact Of Athlete Admissions At Elite Universities, William B. Morrison
Country Club Sports: The Disparate Impact Of Athlete Admissions At Elite Universities, William B. Morrison
BYU Law Review
While conservative advocacy groups criticize affirmative action as anti-meritocratic, many universities give similar admissions preferences based on ostensibly race-neutral characteristics that highly correlate with wealth and whiteness. Using data made public through the recent legal challenge to Harvard’s affirmative action policies, statisticians have shown that the greatest boost to an applicant’s admission chances at elite universities is not minority status or high test scores, but rather appearing on a coach’s list of potential recruits. At Harvard, where 70% of athletes are white, these athletic recruitment lists are often for “country club sports” that require expensive tutoring and are rarely played …
Dignity: The Most Important Common Resource, Brianna Rosier
Dignity: The Most Important Common Resource, Brianna Rosier
Brigham Young University Journal of Public Law
No abstract provided.
A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden
A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden
Brigham Young University Journal of Public Law
No abstract provided.
Violence And Police Diversity: A Call For Research, Mary D. Fan
Violence And Police Diversity: A Call For Research, Mary D. Fan
BYU Law Review
Deaths and protests in places where predominantly-white police forces patrol majority-black communities have focused the national spotlight on concerns over unrepresentative police forces. Responding to the controversy, mayors and police chiefs in cities across the nation are announcing goals to hire more minority officers. But does police diversification actually reduce the risk of violence in police encounters? This Article addresses this timely question of legal and practical import to communities seeking to prevent violence and pursue policies that survive constitutional scrutiny.
Drawing on restricted-access Centers for Disease Control data and social-psychological insights, this Article shows that there is a good …