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Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri Jan 2009

Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri

Articles

This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil rights and criminal-justice strategies in cases of racially-motivated violence. To that end, this Article revisits the prosecution and defense of the Jena Six in the hope of uncovering the ...


What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney Jan 2009

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Articles

No abstract provided.


Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart Jan 2009

Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

Articles

It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five ...


Note, Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth Jan 2009

Note, Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth

Articles

Existing accounts of early gay rights litigation largely focus on how the suppression and liberation of gay identity affected early activism. This Note helps complicate these dynamics, arguing that gay identity was not just suppressed and then liberated, but substantially transformed by activist efforts during this period, and that this transformation fundamentally affected the nature of gay activism. Gay organizers in the 1950s and 1960s moved from avoiding identity-based claims to analogizing gays to African-Americans. By transforming themselves in the image of a successful black civil rights minority, activists attempted to win over skeptical courts in a period when equal ...


The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James Jan 2009

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

Articles

No abstract provided.


Who We Were And Who We Are: How Michigan Law Students Have Changed Since The 1950s: Findings From 40 Years Of Alumni Surveys, David L. Chambers, Terry K. Adams Jan 2009

Who We Were And Who We Are: How Michigan Law Students Have Changed Since The 1950s: Findings From 40 Years Of Alumni Surveys, David L. Chambers, Terry K. Adams

Articles

For 40 consecutive years, from 1967 to 2006, the Law School surveyed its alumni regarding their lives and careers. The project began in 1967 with the mailing of a questionnaire to the class of 1952 shortly before their 15th reunion. The results proved interesting enough that surveys were sent each year thereafter to the class 15 years out. In 1973, the classes 5 years out were added to the survey.


She...Refuses To Deliver Up Herself As The Slave Of Your Petitioner': Émigrés, Enslavement, And The 1808 Louisiana Digest Of The Civil Laws (Symposium On The Bicentennial Of The Digest Of 1808--Collected Papers), Rebecca J. Scott Jan 2009

She...Refuses To Deliver Up Herself As The Slave Of Your Petitioner': Émigrés, Enslavement, And The 1808 Louisiana Digest Of The Civil Laws (Symposium On The Bicentennial Of The Digest Of 1808--Collected Papers), Rebecca J. Scott

Articles

Philosophically and juridically, the construct of a slave-a "person with a price"--contains multiple ambiguities. Placing the category of slave among the distinctions of persons "established by law," the 1808 Digest of the Civil Laws Now in Force in the Termtoiy of Orleans recognized that "slave" is not a natural category, inhering in human beings. It is an agreement among other human beings to treat one of their fellows as property. But the Digest did not specify how such a property right came into existence in a given instance. The definition of a slave was simply ostensive, pointing toward rather ...


Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers Jan 2009

Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers

Articles

In the early 1950s, the typical graduate of Michigan Law began his career working as an associate in a law firm with four other lawyers and earned about $5,000 in his first year. Surprising to us today, in his new job he would have earned slightly less than other classmates whose first jobs were in government. Fifty years later, in the early 2000s, the typical graduate still started out as an associate in a law firm, but the firm she worked for had more than 400 lawyers. She earned about $114,000 in her first year, about three times ...


Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott Jan 2009

Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott

Articles

From French and Creole to Spanish, the domain of the Napoleonic Empire to the king of Spain, crossing the strait separating the French colony of Saint-Domingue and the Spanish colony of Cuba entailed a change of language and government. Some 18,000 people made that transition between the spring and summer of 1803 during the Revolutionary War in Saint-Dominque. Six years later, many crossed the Gulf of Mexico from Cuba to New Orleans and the recently acquired Louisiana Territory under the authority of a territorial governor and the United States Congress. What would these crossings lead to for those who ...


'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth Jan 2009

'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

In two frequently cited articles, Sommers and Ellsworth (2000, 2001) concluded that the influence of a defendant’s race on White mock jurors is more pronounced in interracial trials in which race remains a silent background issue than in trials involving racially charged incidents. Referring to this variable more generally as "race salience," we predicted that any aspect of a trial that leads White mock jurors to be concerned about racial bias should render the race of a defendant less influential. Though subsequent researchers have further explored this idea of "race salience," they have manipulated it in the same way ...