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Articles 1 - 30 of 79
Full-Text Articles in Law and Race
Nothing To Gain: The Disparate Impact Of The Capital Gains Tax Preference On Women And Persons Of Color, Ann M. Murphy
Nothing To Gain: The Disparate Impact Of The Capital Gains Tax Preference On Women And Persons Of Color, Ann M. Murphy
Nevada Law Journal
Tax preference provisions are scattered across the Internal Revenue Code, and the capital gains tax rate offers an enormous advantage for wealthy taxpayers. When first enacted, it was touted as eliminating the “lock-in effect” which caused investors to hold on to their investment property. Today, it is justified as encouraging investment and eliminating gains produced merely by the passage of time. The provision’s unequal benefits are hidden from the picture. Although not overtly dis-criminatory, the preference operates as a tax cut for the wealthy. Women and per-sons of color see little benefit from the lower tax rate. The difficulty of …
Struggle Against The Water: Connecting Fair Housing Law And Climatejustice, Jade A. Craig
Struggle Against The Water: Connecting Fair Housing Law And Climatejustice, Jade A. Craig
Nevada Law Journal
No abstract provided.
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman
Scholarly Works
No abstract provided.
A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii
A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii
Scholarly Works
No abstract provided.
Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric
Continuing Principled Sentencing Reform And Winding Back Mass Incarceration Against The Backdrop Of America’S Surge In Violent Crime, Mirko Bagaric, Jennifer Svilar, Brienna Bagaric
Nevada Law Journal
No abstract provided.
Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan
Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan
Scholarly Works
Part I outlines the many ways that corporate employers fail in racial equity efforts and the barriers that have been put into place to keep BIPOC workers from succeeding. Drawing from industrial organizational psychology and sociology, I identify six distinct challenges that must be remedied or ameliorated in order for BIPOC to achieve pay equity in the corporate climate. Part II identifies and analyzes the decades of litigation and class action settlements that have tried and failed to address the persistent lack of BIPOC representation in the financial industry. I categorize these cases into three waves of litigation intended to …
The Color Of Equity: Observations Of A Brown Buffalo On Indigenous Water Rights, Japanese Internment, And The Socio-Legal History Of The Colorado River, Tom I. Romero Ii
The Color Of Equity: Observations Of A Brown Buffalo On Indigenous Water Rights, Japanese Internment, And The Socio-Legal History Of The Colorado River, Tom I. Romero Ii
Scholarly Works
No abstract provided.
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
Scholarly Works
No abstract provided.
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Nevada Law Journal
No abstract provided.
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
Nevada Law Journal
No abstract provided.
The “Fool’S Gold” Standard Of Confession Evidence: How Intersecting, Disadvantaged Identities Heighten The Risk Of False Confession, Nicole Weis
Nevada Law Journal
No abstract provided.
Restorative Justice And Anti-Racism, Martha Minow
Restorative Justice And Anti-Racism, Martha Minow
Nevada Law Journal
No abstract provided.
Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang
Racial Contagion: Anti-Asian Nationalism, The State Of Emergency, And Exclusion, Stewart Chang
Scholarly Works
No abstract provided.
Indigenous Subjects, Addie C. Rolnick
A Brown Buffalo's Observations On Color (Blindness), Legal History, And Racial Justice In The Rocky Mountain West, Tom I. Romero Ii
A Brown Buffalo's Observations On Color (Blindness), Legal History, And Racial Justice In The Rocky Mountain West, Tom I. Romero Ii
Scholarly Works
No abstract provided.
The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero Ii
The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero Ii
Scholarly Works
This Article advocates for the adoption of racial impact statements ("RIS") in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and political water regimes. The Article then explores how water utilities could use RISs in the acquisition, treatment, and delivery of drinking water. If made a part of the everyday work of water utilities, RISs provide a useful tool to center the history and lived experiences of racially minoritized communities battling …
Women Of Color In Immigration Enforcement, Kit Johnson
Women Of Color In Immigration Enforcement, Kit Johnson
Nevada Law Journal
No abstract provided.
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Nevada Law Journal
No abstract provided.
Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick
Race And Gender And Policing, Stewart Chang, Frank Rudy Cooper, Addie C. Rolnick
Nevada Law Journal
No abstract provided.
Enough! Eliminating Police Abuse Of Individuals Of Color With Disabilities, Ann C. Mcginley
Enough! Eliminating Police Abuse Of Individuals Of Color With Disabilities, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Nevada Law Journal
No abstract provided.
An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White
An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White
Nevada Law Journal
No abstract provided.
American Punishment And Pandemic, Danielle C. Jefferis
American Punishment And Pandemic, Danielle C. Jefferis
Nevada Law Journal
No abstract provided.
Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety
Legal Support For Victim Compensation Funds For Police Violence Victims, Valena E. Beety
Nevada Law Journal
No abstract provided.
The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields
The Elusiveness Of Self-Defense For The Black Transgender Community, Shawn E. Fields
Nevada Law Journal
No abstract provided.
The Rhetoric Of Racism In The United States Supreme Court, Kathryn M. Stanchi
The Rhetoric Of Racism In The United States Supreme Court, Kathryn M. Stanchi
Scholarly Works
This Article is the first study that categorizes and analyzes all the references to the terms "racist," "racism," and "white supremacy" throughout Supreme Court history. It uses the data to tease out how the Court shaped the meaning of these terms and uncovers a series of patterns in the Court's rhetorical usages. The most striking pattern uncovered is that, for the Supreme Court, racism is either something that just happens without any acknowledged racist actor or something that is perpetrated by a narrow subset of usual suspects, such as the Ku Klux Klan or Southern racists. In the Supreme Court's …
Intersectionality, Police Excessive Force, And Class, Frank Rudy Cooper
Intersectionality, Police Excessive Force, And Class, Frank Rudy Cooper
Scholarly Works
Recent uprisings over the failure to hold police officers responsible for killing civilians—from Ferguson, Missouri to nationwide George Floyd protests—show the importance of excessive force as a social problem. Some scholars have launched racial critiques of policing as resulting from explicit or implicit racial bias. This Essay is the first to demonstrate that an intersectional analysis of both race and class helps explain both aggressive policing and the Court’s permissive excessive force doctrine.
This Essay identifies several take-aways from intersectionality theory’s basic insight that unique senses of self-identity and unique stereotypes form at places where categories of identity meet. First, …
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Scholarly Works
In the wake of George Floyd's murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread "security" measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective-and constitutionally compliant-alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Intersectional Cohorts, Dis/Ability, And Class Actions, Ann C. Mcginley, Frank Rudy Cooper
Intersectional Cohorts, Dis/Ability, And Class Actions, Ann C. Mcginley, Frank Rudy Cooper
Scholarly Works
This Article occupies the junction of dis/abilities studies and critical race theory. It joins the growing commentary analyzing the groundbreaking lawsuit by Compton, California students and teachers against the Compton school district under federal disability law and seeking class certification and injunctive relief in the form of teacher training, provision of counselors, and changed disciplinary practices. The federal district court denied the defendants’ motion to dismiss but also denied the plaintiffs’ motion for a preliminary injunction and class certification, resulting in prolonged settlement talks. The suit is controversial because it seeks to address the trauma suffered by Black and Latinx …
Bridging Divides In Divisive Times: Revisiting The Massie-Fortescue Affair, Stewart Chang
Bridging Divides In Divisive Times: Revisiting The Massie-Fortescue Affair, Stewart Chang
Scholarly Works
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five "Hawaiians" of gang raping her, even though they were of various Asian Pacific ethnic identities. The rape case ended in a hung jury, and so her relatives resorted to vigilante murder of one of the defendants. The subsequent murder trial resulted in convictions, but the 10- year prison sentences for the white defendants were commuted to …