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Articles 181 - 210 of 221
Full-Text Articles in Law and Race
No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii
No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii
UC Law Journal of Race and Economic Justice
Professors Oluwole and Green consider how raceconscious implementation of the No Child Left Behind Act could affect the racial achievement gap in the United States. Their article addresses challenges states and school districts are confronted with in attempting to overcome racial achievement gaps while facing decreasing budgets and mandatory procedures. They evaluate the feasibility of race-conscious school funding in the context of the Act's purposes and past challenges to school financing schemes. Professors Oluwole and Green emphasize the necessity of raceconscious school funding, both as a social justice matter and a practical matter for the future of American education.
A Bulwark Against Anarchy: Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
A Bulwark Against Anarchy: Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
UC Law Journal of Race and Economic Justice
This article demonstrates that Pre-Start, Emory Law School's affirmative action program from 1966 to 1972, provides a useful case study for refraining the current debate around affirmative action in law school admissions. The author performs post-hoc strict scrutiny on Pre-Start, showing that it meets and exceeds the standard set in the leading affirmative action case, Grutter v. Bollinger. The historical context for Pre-Start demonstrates how similar the current arguments against affirmative action in law school admissions are to the arguments used against racial integration of public schools in the first half of the twentieth century. This analysis provides valuable historical …
Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs
Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs
UC Law Journal of Race and Economic Justice
Since 2003, the Oakland, California unit of Social Security's Cooperative Disability Investigations program has targeted certain Cambodian refugee applicants with Post-Traumatic Stress Disorder and Depression for fraud investigations. The practices of Social Security's anti-fraud program in Oakland reveal disturbing disadvantages to Cambodian refugee applicants in particular, including institutional prejudices in Social Security's rules and Cooperative Disability Investigative agents' gross insensitivity to claimants' impairments and cultural realities. This note examines these disadvantages under the legal norms of national origin discrimination, disability discrimination, and due process, and concludes with a policy proposal on how Social Security might better protect claimants' rights and …
The Legal Empowerment Of The Poor: Titling And Poverty Alleviation In Post-Apartheid South Africa, Karol C. Bourdreux
The Legal Empowerment Of The Poor: Titling And Poverty Alleviation In Post-Apartheid South Africa, Karol C. Bourdreux
UC Law Journal of Race and Economic Justice
The U.N. Development Program created the Commission on the Legal Empowerment of the Poor to explore the relationship between more formal property rights and reducing poverty. Additionally, some countries are adopting policies designed to strengthen the local property environment, such as titling real property. This article, based on fieldwork, examines the effects of property titling programs in Langa Township, South Africa. This article finds that formalization by way of titling does provide some benefits to titleholders. However, the findings also suggests that formalizing property rights in an institutional environment that has other systemic weaknesses will not transform dead capital into …
The Legal Status Of Hijab In The United States: A Look At The Sociopolitical Influences On The Legal Right To Wear The Muslim Headscarf, Aliah Abdo
UC Law Journal of Race and Economic Justice
The First Amendment of the United States Constitution guarantees freedom of religion, however the current sociopolitical and legal climate has allowed for various restrictions on hijab, the headscarf worn by Muslim women. This note surveys recent restrictions and bans affecting the wearing of hijab in educational settings, employment, prison entry, state driver license photos, athletic competitions, airports, and in court, noting an alarming trend both internationally and domestically. The author suggests that the justifications associated with actions against hijab are merely pretextual and that these actions are often based on misconceptions and misunderstandings surrounding hijab, the Muslim community, and the …
Reimagining Workers' Human Rights: Transformative Organizing For A Socially Aware Global Economy, Dean Hubbard
Reimagining Workers' Human Rights: Transformative Organizing For A Socially Aware Global Economy, Dean Hubbard
UC Law Journal of Race and Economic Justice
This article illustrates a strategy to reconceptualize workers' rights activism to achieve systematic transformation of the global political economy emphasizing the disproportionate toll of neo-liberal economics on women, poor people, and people of color. The first section demonstrates the way in which existing structures in international human rights law can work to provide a normative foundation to this goal. The second section emphasizes the essential next step toward reaching this transformation in what the author terms, Socially Aware Global Economy (SAGE) organizing. SAGE organizing first, reimagines the labor movement through grass roots, transnational organizing, second, revitalizes economic human rights law …
The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller
The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller
UC Law Journal of Race and Economic Justice
In November of 2002 San Francisco voters approved Proposition N, titled Care Not Cash, with the intent that it would reduce homelessness and improve the health and welfare of homeless persons receiving General Assistance. This note examines the effectiveness of Care Not Cash in combating homelessness and in achieving its promise of services and aid with the curtailment of General Assistance. In evaluating Care Not Cash's effectiveness, the author reviews homeless assistance programs employed by cities and municipalities throughout the United States. Additionally, the author explores alternative homeless outreach programs currently existent in San Francisco which have been effective in …
Challenges Of Tough Love: Examining San Francisco's Community Justice Center And Evaluating Its Prospects For Success, Todd W. Daloz
Challenges Of Tough Love: Examining San Francisco's Community Justice Center And Evaluating Its Prospects For Success, Todd W. Daloz
UC Law Journal of Race and Economic Justice
Decaying urban neighborhoods are a reality in cities across the United States. As various local governments work to improve the quality of life for the residents of such areas through increased law enforcement, many have come up against the limitations of the criminal justice system as a tool for change. This note examines the history and challenges of quality-of-life ordinances and the growth and development of community courts as a reaction to ineffective urban courts and as a structure for enabling change. The author focuses specifically on the new community justice center in San Francisco and offers an assessment of …
On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan
On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan
UC Law Journal of Race and Economic Justice
This note explores racial profiling in the enforcement of federal immigration law. In consistently deferring to the judgment of immigration officers, the United States Supreme Court has vested Immigration and Customs Enforcement with broad and sweeping discretion to adopt racist law enforcement practices that would be impermissible outside of the immigration context. In doing so, the Court has taken the erroneous position that immigration proceedings are purely civil and therefore do not require the procedural protections that collectively form the pillar of the criminal justice system. A myriad of studies demonstrate that immigrants are significantly less likely than their American-born …
Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander
Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander
UC Law Journal of Race and Economic Justice
Plaintiffs who have been discriminated against in retail stores on the basis of race or national origin have historically turned to the contracts clause of 42 U.S.C. § 1981, which guarantees to all people within the United States the same right "as is enjoyed by white citizens" to "make and enforce contracts." In 1991, Congress amended the statute, extending the requirement of equality beyond the "making and enforcement" of contracts to include the "performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." However, many courts have continued to apply …
Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris
Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris
UC Law Journal of Race and Economic Justice
Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own research with …
Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf
Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf
UC Law Journal of Race and Economic Justice
Proving race discrimination in a criminal case using statistical evidence has been a difficult endeavor since the Supreme Court's rulings in McCleskey and Armstrong. In those cases, the Court set a high threshold for using statistics to prove constitutional violations. This note argues that this threshold is not insurmountable. Studies can be crafted to overcome the strict guidelines set out in McCleskey and Armstrong. Additionally, lower courts have interpreted these cases too broadly, such that validly presented statistical studies have unfairly been brushed aside. This note also argues that the Court analyzes social scientific studies differently when those studies are …
Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki
Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki
UC Law Journal of Race and Economic Justice
Each year, innumerable asylum seekers are denied relief in the United States because the asylum officer or immigration judge does not believe that the applicant is telling the truth. The immigration judge makes an adverse credibility determination because the applicant's story of persecution lacks sufficient detail and is inconsistent. A victim of severe and often prolonged trauma may develop post-traumatic stress disorder (PTSD), which profoundly affects his ability to tell a consistent and detailed story of past persecution. Thus, an asylum seeker suffering from PTSD as a result of traumatic experiences, desperately in need of a safe haven, may be …
Introduction To Economic Justice Symposium, Adam Zapala
Introduction To Economic Justice Symposium, Adam Zapala
UC Law Journal of Race and Economic Justice
No abstract provided.
Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser
Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser
UC Law Journal of Race and Economic Justice
Historically, physicians of color experienced significant barriers in their continued assimilation into the health care profession. Although managed care organizations do not appear to purposefully discriminate against physicians of color, the selection criteria utilized by these networks coupled with underlying biases have resulted in a disproportionate exclusion of minority physicians. By analyzing the norms and practices of managed care organizations, the author highlights possible causes of this disparity. Additionally, after addressing the inadequacy of using current civil rights laws to redress discrimination in the medical market, the author offers several innovative local, state, and federal remedies as potential alternative avenues …
Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons
Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons
UC Law Journal of Race and Economic Justice
No abstract provided.
Wealth Inequality Panel, Andy Barlow, James Head
Wealth Inequality Panel, Andy Barlow, James Head
UC Law Journal of Race and Economic Justice
No abstract provided.
Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman
Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman
UC Law Journal of Race and Economic Justice
No abstract provided.
Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff
Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff
UC Law Journal of Race and Economic Justice
No abstract provided.
Keynote Addresses, Dolores Huerta, Peter Edelman
Keynote Addresses, Dolores Huerta, Peter Edelman
UC Law Journal of Race and Economic Justice
No abstract provided.
Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli
Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli
UC Law Journal of Race and Economic Justice
Over the past decade, the literature on lawyering has paid increased attention to the impact of cultural differences on interactions between attorneys and clients. This essay assesses the latest generation of clinical textbooks on interviewing and counseling and how they seek to prepare student-lawyers for crosscultural work. It highlights differences in these textbooks' definitions of culture, measures of crosscultural success, descriptions of the dimensions along which cultures differ, the side(s) of the lawyer-client relationship on which they focus, and the behaviors they suggest. The essay argues these texts are at their best when they define culture both broadly and fluidly, …
The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews
The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews
UC Law Journal of Race and Economic Justice
This article argues that the conception of sexual harassment as simply a gendered harm is inadequate because sexual harassment is not only about gender but also about race, class, sexual orientation and other realities of existence. Sexual harassment is about power and about keeping particular women out of particular economic spheres. Using the Commonwealth Caribbean as an example, this article concludes that an intersectional understanding of sexual harassment, and a more nuanced understanding of the public/private divide, will lead to better workplace harassment legislation. While much of the focus is on the Commonwealth Caribbean, a North American example suggests that …
Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra
Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra
UC Law Journal of Race and Economic Justice
This note identifies the overwhelming influence of how the race of the victim and the defendant affects prosecutors and juries in capital punishment cases. The author focuses on the legislative and judicial shortcomings that have lead to a failure in proscribing and combating the issue of purposeful discrimination against minority defendants. The author proffers different remedies to address this problem, citing ideas mentioned in several state court cases as well as various federal legislative attempts to protect against racial discrimination in the application of capital punishment.
Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio
Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio
UC Law Journal of Race and Economic Justice
This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government-run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations of American …
Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers' Rights In The United States, Connie De La Vega, Conchita Lozano-Batista
Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers' Rights In The United States, Connie De La Vega, Conchita Lozano-Batista
UC Law Journal of Race and Economic Justice
As the economic gap between rich and poor countries continues to grow, those living in poor countries migrate to richer countries to survive. Migrants who succeed in completing the journey to receiving countries are often subjected to human rights violations in the workplace. More particularly, the human rights violations encompass violations of the right to organize in order to be free from exploitative conditions, the right to equality before the law, and the right to legal recourse. This article will provide migrant rights advocates in the U.S. with international legal standards that can be used to address domestic human rights …
Inadequate And Inappropriate Mental Health Treatment And Minority Overrepresentation In The Juvenile Justice System, Kasey Corbit
Inadequate And Inappropriate Mental Health Treatment And Minority Overrepresentation In The Juvenile Justice System, Kasey Corbit
UC Law Journal of Race and Economic Justice
Not only are minority youth at greater risk for mental illness, they are more likely to be funneled into the juvenile justice system because of untreated symptoms of mental illness. This is because minority youth are less likely to be insured at the same rates as their white peers and more likely to be perceived as aggressive or dangerous when exhibiting symptoms of a mental health problem. California voters may have created a possible solution to this situation by approving Proposition 63, now known as the "Mental Health Services Act," which requires California counties to create innovative solutions to addressing …
Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Guantanamo At The Supreme Court, Robert Rubin, Banafsheh Akhlaghi, Dorothy Ehrlich
Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Guantanamo At The Supreme Court, Robert Rubin, Banafsheh Akhlaghi, Dorothy Ehrlich
UC Law Journal of Race and Economic Justice
No abstract provided.
Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Keynote Speakers, Mark Rosenbaum, Erwin Chemerinsky
Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Keynote Speakers, Mark Rosenbaum, Erwin Chemerinsky
UC Law Journal of Race and Economic Justice
No abstract provided.
Bridging The Federalism Gap: Procedural Due Process And Race Discrimination In A Devolved Welfare System, Risa E. Kaufman
Bridging The Federalism Gap: Procedural Due Process And Race Discrimination In A Devolved Welfare System, Risa E. Kaufman
UC Law Journal of Race and Economic Justice
As recent Supreme Court decisions limit the power of the federal government to legislate and the federal courts to provide redress in areas such as civil rights, Congress is devolving significant power to states and localities to create and implement poverty-related programs. The discretion and authority that is further devolved to local caseworkers and administrators can be tainted with racial bias, raising the risk of and resulting in a disparate impact on people of color. Individuals may thus face a greater risk of race discrimination within the welfare system with fewer statutory protections available to challenge such discrimination. This article …
When Congress Gives You Lemons: Alternatives To Legal Services Corporation Funding In The Quest To Provide Access To Justice, David Pai
UC Law Journal of Race and Economic Justice
Since 1996, Congress has imposed substantial restrictions on lawyers funded by the Legal Services Corporation (LSC). These restrictions include banning LSC-funded attorneys from filing class action lawsuits, prohibiting them from claiming any statutory right to attorneys' fees, and barring them from bringing any challenges to an agency's rule-making authority. Congress has also slashed the LSC budget by a third. However, alternative funding strategies do exist for states and public interest firms seeking to fill gaps gouged by the LSC restrictions. By focusing on these piecemeal changes in fundraising, legal aid attorneys inevitably empower themselves to move away from the inefficiencies …