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Law and Race Commons

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2014

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Articles 1 - 25 of 25

Full-Text Articles in Law and Race

Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr Dec 2014

Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr

Articles

Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher ...


Dismissing Deterrence, Ellen D. Katz Apr 2014

Dismissing Deterrence, Ellen D. Katz

Articles

The proposed Voting Rights Amendment Act of 20144 (VRAA)[...]’s new criteria defining when jurisdictions become subject to preclearance are acutely responsive to the concerns articulated in Shelby County[ v. Holder]. The result is a preclearance regime that, if enacted, would operate in fewer places and demand less from those it regulates. This new regime, however, would not only be more targeted and less powerful, but, curiously, more vulnerable to challenge. In fact, the regime would be more vulnerable precisely because it is so responsive to Shelby County. Some background will help us see why.


Marked!, Aya Gruber Jan 2014

Marked!, Aya Gruber

Articles

No abstract provided.


Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley Jan 2014

Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

Articles

No abstract provided.


Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton Jan 2014

Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton

Articles

No abstract provided.


Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James Jan 2014

Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James

Articles

Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and ...


Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes Jan 2014

Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes

Articles

No abstract provided.


At The Tipping Point: Race And Gender Discrimination In A Common Economic Transaction, Lu-In Wang Jan 2014

At The Tipping Point: Race And Gender Discrimination In A Common Economic Transaction, Lu-In Wang

Articles

This Article examines the ubiquitous, multibillion dollar practice of tipping as a vehicle for race and gender discrimination by both customers and servers and as a case study of the role that organizations play in producing and promoting unequal treatment. The unique structure of tipped service encounters provides plenty of opportunities and incentives for the two parties to discriminate against one another. Neither customers nor servers are likely to find legal redress for the kinds of discrimination that are most likely to occur in tipped service transactions, however, because many of the same features of the transaction that promote discrimination ...


A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford, Anthony C. Infanti Jan 2014

A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford, Anthony C. Infanti

Articles

The law of wills, trusts, and estates could benefit from consideration of its development and impact on people of color; women of all colors; lesbian, gay, bisexual, and transgendered individuals; low-income and poor individuals; the disabled; and nontraditional families. One can measure the law’s commitment to justice and equality by understanding the impact on these historically disempowered groups of the laws of intestacy, spousal rights, child protection, will formalities, will contests, and will construction; the creation, operation and construction of trusts; fiduciary administration; creditors’ rights; asset protection; nonprobate transfers; planning for incapacity and death; and wealth transfer taxation. This ...


Objecting To Race, Anthony V. Alfieri Jan 2014

Objecting To Race, Anthony V. Alfieri

Articles

No abstract provided.


Roll Back "Prison Nation", Donna Coker Jan 2014

Roll Back "Prison Nation", Donna Coker

Articles

No abstract provided.


I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks Jan 2014

I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks

Articles

In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a ...


Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes Jan 2014

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

Articles

No abstract provided.


Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos Jan 2014

Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos

Articles

After the Supreme Court’s decision in Shelby County v. Holder, voting rights activists proposed a variety of legislative responses. Some proposals sought to move beyond measures that targeted voting discrimination based on race or ethnicity. They instead sought to eliminate certain problematic practices that place too great a burden on voting generally. Responses like these are universalist, because rather than seeking to protect any particular group against discrimination, they formally provide uniform protections to everyone. As Bruce Ackerman shows, voting rights activists confronted a similar set of questions—and at least some of them opted for a universalist approach ...


The Unrelenting Libertarian Challenge To Public Accommodations Law, Samuel R. Bagenstos Jan 2014

The Unrelenting Libertarian Challenge To Public Accommodations Law, Samuel R. Bagenstos

Articles

There seems to be a broad consensus that Title II of the Civil Rights Act of 1964, which prohibits race discrimination in “place[s] of public accommodation,” was a remarkable success. But the consensus is illusory. Laws prohibiting discrimination by public accommodations currently exist under a significant legal threat. And this threat is merely the latest iteration in the controversy over public accommodations laws that began as early as Reconstruction. This Article begins by discussing the controversy in the Reconstruction and Civil Rights Eras over the penetration of antidiscrimination principles into the realm of private businesses’ choice of customers. Although ...


White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James Jan 2014

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

Articles

In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship ...


Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes Jan 2014

Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes

Articles

No abstract provided.


Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen Jan 2014

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

Articles

The fiftieth anniversary of the Civil Rights Act of 1964 offers an important opportunity to reflect on an earlier moment when civil rights evolved to accommodate new waves of immigration. This essay seeks to explain how civil rights laws evolved to include rights for immigrants and non-English speakers. More specifically, it seeks to explain how policy entrepreneurs in agencies read an affirmative right to language access.


Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen Jan 2014

Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen

Articles

On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights ...


Classcrits Mission Statement, Justin Desautels-Stein, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy Jan 2014

Classcrits Mission Statement, Justin Desautels-Stein, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy

Articles

No abstract provided.


Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber Jan 2014

Race To Incarcerate: Punitive Impulse And The Bid To Repeal Stand Your Ground, Aya Gruber

Articles

Stand-your-ground laws have come to symbolize, especially for many in the center-to-left, the intense racial injustice of the modern American criminal system. The idea now ingrained in the minds of many racial justice-seekers is that only by narrowing the definition of self-defense (and thereby generally strengthening murder law) can we ensure Trayvon Martin's death was not in vain. However, when the story of Martin's killing first appeared on the national stage, the conversation was not primarily about the overly lenient nature of Florida's self-defense law. It was a multi-faceted dialogue about neighborhood warriors, criminal racial profiling, and ...


Murder, Minority Victims, And Mercy, Aya Gruber Jan 2014

Murder, Minority Victims, And Mercy, Aya Gruber

Articles

Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the ...


Health Care, Title Vi, And Racism's New Normal, Dayna Bowen Matthew Jan 2014

Health Care, Title Vi, And Racism's New Normal, Dayna Bowen Matthew

Articles

No abstract provided.


Constitutional Concern, Membership, And Race, Sarah Krakoff Jan 2014

Constitutional Concern, Membership, And Race, Sarah Krakoff

Articles

American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies and the over-arching history of this country’s brand of settler-colonialism. One of the several legacies of this history is that federally recognized tribes have membership rules that diverge significantly from typical state or national citizenship criteria. These rules and their history are poorly understood by judges and members of the public, leading to misunderstandings about the “racial” status of tribes and Indian people, and on occasion to incoherent and damaging decisions on a range of Indian law issues. This article ...


The Thirteenth Amendment And Constitutional Change, William M. Carter Jr. Jan 2014

The Thirteenth Amendment And Constitutional Change, William M. Carter Jr.

Articles

This article builds upon remarks the author originally delivered at the Nineteenth Annual Derrick Bell Lecture on Race in American Society at NYU Law in November of 2014. The Article describes the history and purpose of the Thirteenth Amendment’s proscription of the badges and incidents of slavery and argues that an understanding of the Amendment's context and its Framers' intent can provide the basis for a more progressive vision for advancing civil rights. The Article discusses how the Thirteenth Amendment could prove to be more effective in addressing persisting forms of inequality that have escaped the reach of ...