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Michigan Journal of Race and Law

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Full-Text Articles in Law and Race

Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly Jan 2000

Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly

Michigan Journal of Race and Law

This Case Note examines a recent Supreme Court decision that collapses the purpose and effect prongs of Section 5, effectively lowering the barrier to preclearance for covered jurisdictions. In Reno v. Bossier Parish School Board II the Court determined that Section 5 disallows only voting plans that are enacted with a retrogressive purpose (i.e., with the purpose to "worsen" the position of minority voters). The Court held that Section 5 does not prohibit preclearance of a plan enacted with a discriminatory purpose but without a retrogressive effect. Evidence of a Section 2 violation alone will not be enough to prove …


The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf Jan 2000

The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf

Michigan Journal of Race and Law

This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.


Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero Jan 2000

Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero

Michigan Journal of Race and Law

This Essay will focus on "racial profiling" not just in the way many people think about the term-that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black"-but also in the context of "affirmative action"-namely, using race as a factor in employment and educational decisions. More broadly, then, the author wants us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual," which moves us slightly away from more pejorative notions of the phrase that have seeped into the national …


Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson Jan 2000

Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson

Michigan Journal of Race and Law

This Essay situates Professor Malavet's analysis in LatCrit theory. The diminished citizenship status of Puerto Ricans on the island shares important commonalities with and differences from the experiences of persons of Mexican ancestry in the United States. Both Mexican Americans and Puerto Ricans enjoy citizenship and membership rights unequal to those accorded Anglos, although one group (Mexican Americans) is composed of citizens by law with full legal rights while the other (Puerto Ricans) includes United States citizens with limited legal rights in Puerto Rico. The guarantees of the law historically have held limited meaning for Mexican Americans; the limitation on …


The New Cultural Diversity And Title Vii, Steven A. Ramirez Jan 2000

The New Cultural Diversity And Title Vii, Steven A. Ramirez

Michigan Journal of Race and Law

This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …


Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet Jan 2000

Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet

Michigan Journal of Race and Law

This Article articulates a theory of Puerto Rican cultural nationhood that is largely based on ethnicity. In linking ethnicity and citizenship, it is imperative, however, to avoid the evils of ethnic strife and balkanization, while celebrating rather than imposing difference; community consciousness cannot degenerate into fascism.


The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile Jan 1999

The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile

Michigan Journal of Race and Law

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.


Generations: Nanook Of The Law School Library And The Classroom, Rennard Strickland Jan 1999

Generations: Nanook Of The Law School Library And The Classroom, Rennard Strickland

Michigan Journal of Race and Law

Many of the essays in this symposium are rooted in the Western Law Professors of Color Conference held in Oregon in the Spring of 1998. The University of Oregon minority colleagues, as faculty of one of the co-sponsoring law schools, were charged, among other tasks, with the selection of the conference theme and tee-shirt design. The title “Generations” was chosen to focus on the challenges across the years for law faculty of color.


Turning The Tide In The Civil Rights Revolution: Elbert Tuttle And The Desegregation Of The University Of Georgia, Anne S. Emanuel Jan 1999

Turning The Tide In The Civil Rights Revolution: Elbert Tuttle And The Desegregation Of The University Of Georgia, Anne S. Emanuel

Michigan Journal of Race and Law

Truth is sometimes stranger than fiction. So it was in 1960 when Elbert Tuttle became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the federal appellate court with jurisdiction over most of the Deep South. Part of the genius of the Republic lies in the carefully calibrated structure of the federal courts of appeal. One assumption underlying the structure is that judges from a particular state might bear an allegiance to the interests of that state, which would be reflected in their opinions. Forming panels of judges from each of several states is supposed …


Introduction: Critical Race Praxis And Legal Scholarship, Keith Aoki, Margaret Chon Jan 1999

Introduction: Critical Race Praxis And Legal Scholarship, Keith Aoki, Margaret Chon

Michigan Journal of Race and Law

The publication of this symposium issue is an occasion for three distinct and yet related celebrations. First, we honor the Western Law Teachers of Color, whose sixth annual meeting on the sublime Oregon Coast in 1998 provided the occasion for organizing the papers published here. Dean Strickland's preface, as well as Professors Linda Greene's and Jim Jones's essays examine the historical significance of this occasion in greater detail. Second, we engage in a festschrift of a particular member of this group-Professor Eric K. Yamamoto -whose publication of a book this year is a significant capstone to fifteen years of scholarship …


The Content Of Our Characterizations, Paulette M. Cladwell Jan 1999

The Content Of Our Characterizations, Paulette M. Cladwell

Michigan Journal of Race and Law

This essay suggests both further amplification of Yamamoto's guidelines for critical race praxis and, more importantly, recommends their application to the analysis and development of progressive race theory itself.


Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change Jan 1999

Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change

Michigan Journal of Race and Law

Review of Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America by Eric Yamamoto


From Tokenism To Emancipatory Politics: The Conferences And Meetings Of Law Professors Of Color, Linda S. Greene Jan 1999

From Tokenism To Emancipatory Politics: The Conferences And Meetings Of Law Professors Of Color, Linda S. Greene

Michigan Journal of Race and Law

In this paper, the author traces the history of the First National Meetings and conferences since 1969. In Part II, this paper explores the range of meetings and conferences which outlined the development of a proactive agenda for minority student and faculty inclusion within mainstream historically White legal institutions and the evolution of this agenda from one of access to an agenda of security, retention, and the advancement of legal theory and scholarship within and without the established academy. Part III chronicles the maturation of this tradition of independent meetings and conferences of professors of color into a network of …


Beyond The Rhetoric Of "Dirty Laundry": Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson Jan 1999

Beyond The Rhetoric Of "Dirty Laundry": Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

Michigan Journal of Race and Law

Part I of this Article discusses examples of resistance to internal criticism within progressive social movements in order to demonstrate the extent to which such opposition operates as a barrier to constructive dissent. Part II argues that resistance to internal criticism may often result from the embrace of heterosexism, patriarchy, and racism within oppressed communities and among progressive intellectuals, and that any remaining explanations for such resistance are outweighed by the value of internal criticism to progressive theory and politics. Part III offers suggestions-to both internal critics and to the objects of their critiques-for minimizing the potentially negative effects of …


Expert Report Of Thomas J. Sugrue, Thomas J. Sugrue Jan 1999

Expert Report Of Thomas J. Sugrue, Thomas J. Sugrue

Michigan Journal of Race and Law

At the end of the twentieth century, the United States is a remarkably diverse society. It grows more diverse by the day, transformed by an enormous influx of immigrants from Latin America, the Caribbean, Africa, and Asia. In an increasingly global economy, Americans are coming into contact with others of different cultures to an extent seen only in times of world war. Yet amidst this diversity remains great division. When the young black academic W.E.B. DuBois looked out onto America in 1903, he memorably proclaimed that "the problem of the twentieth century is the problem of the color line." Over …


Expert Report Of Albert M. Camarillo, Albert M. Camarillo Jan 1999

Expert Report Of Albert M. Camarillo, Albert M. Camarillo

Michigan Journal of Race and Law

At the request of attorneys with Wilmer, Cutler & Pickering, the author has prepared this report which outlines the historical patterns and legacies of racial isolation and separation of Hispanics in American society. The research is based on archival collections, syntheses of secondary literature, and other primary sources such as U.S. government reports including Bureau of the Census population reports. Based on the author’s knowledge and research, this report outlines the historical developments that resulted in patterns of racial exclusion and isolation of Hispanics in the states and cities where they have settled since 1900. In particular, this report will …


Expert Report Of Claude M. Steele, Claude M. Steele Jan 1999

Expert Report Of Claude M. Steele, Claude M. Steele

Michigan Journal of Race and Law

Report based on 25-year period of research in the areas of social psychology, the social psychology of race and race relations, and the effects of race on standardized test performance.


Introduction, Michigan Journal Of Race & Law Jan 1999

Introduction, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

The last Supreme Court decision addressing the use of race in admissions to institutions of higher education, Bakke v. Regents of the University of California, affirmed that the role of diversity in colleges and universities is both essential and compelling. Since Bakke, opponents and proponents have wrestled with ideology and theory, but have never had the benefit of a comprehensive theoretical framework that has been tested by reliable empirical data. The University of Michigan has drawn on several of the nation's leading, and most respected, researchers and scholars, to develop such a framework and verify its legitimacy with …


Expert Report Of Eric Foner, Eric Foner Jan 1999

Expert Report Of Eric Foner, Eric Foner

Michigan Journal of Race and Law

Race has been a crucial line of division in American society since the settlement of the American colonies in the beginning of the 17th century. It remains so today. While the American understanding of the concept of "race" has changed over time, the history of African-Americans provides a useful template for understanding the history of race relations. The black experience has affected how other racial minorities have been treated in our history, and illuminates the ways in which America's white majority has viewed racial difference.


The Compelling Need For Diversity In Higher Education, Michigan Journal Of Race & Law Jan 1999

The Compelling Need For Diversity In Higher Education, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

The University of Michigan has brought together a team of leading scholars to serve as its experts in these cases to establish the basis for the University's argument that there is a compelling need for diversity in higher education. Their research is evidence that the use of race in higher education admissions is not only constitutional, but of vital importance to education and to our society.


Expert Report Of William G. Bowen, William G. Bowen Jan 1999

Expert Report Of William G. Bowen, William G. Bowen

Michigan Journal of Race and Law

Higher education plays a unique role in our society. The obligation of a university is to the society at large over the long run, and, even more generally, to the pursuit of learning. Although this may seem amorphous, there is no escaping a university's obligation to try to serve the long-term interests of society defined in the broadest and least parochial terms, and to do so through two principal activities: advancing knowledge and educating students who will in turn serve others, within this nation and beyond it, both through their specific vocations and as citizens. Universities therefore are responsible for …


Expert Report Of Patricia Gurin, Patricia Gurin Jan 1999

Expert Report Of Patricia Gurin, Patricia Gurin

Michigan Journal of Race and Law

A racially and ethnically diverse university student body has far-ranging and significant benefits for all students, non-minorities and minorities alike. Students learn better in a diverse educational environment, and they are better prepared to become active participants in our pluralistic, democratic society once they leave such a setting. In fact, patterns of racial segregation and separation historically rooted in our national life can be broken by diversity experiences in higher education. This Report describes the strong evidence supporting these conclusions derived from three parallel empirical analyses of university students, as well as from existing social science theory and research.


Expert Report Of Kinley Larntz, Ph.D., Kinley Larntz Jan 1999

Expert Report Of Kinley Larntz, Ph.D., Kinley Larntz

Michigan Journal of Race and Law

While working in this matter, the author undertook the task of analyzing the statistical relationship between law school acceptance and ethnicity. In particular, focusing on the strength of the relationship between law school acceptance and being a member of certain ethnic groups, controlling for qualifications for admission such as undergraduate grade point average, Law School Admission Test score, and selection index, and for other factors such as residency in the State of Michigan, gender, and a measure of economic disadvantage, waiver of the fee for application.


Expert Report Of Robert B. Webster, Robert B. Webster Jan 1999

Expert Report Of Robert B. Webster, Robert B. Webster

Michigan Journal of Race and Law

The author’s opinions are based primarily upon knowledge and insight gained in the forty years in which he has been a practicing attorney, counselor, arbitrator, mediator, bar officer, and state court judge. Webster’s opinions are also based in part upon materials described in Section IV.B, within.


Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama Jan 1999

Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama

Michigan Journal of Race and Law

Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …


Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson Jan 1999

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …


Expert Report Of Kent D. Syverud, Kent D. Syverud Jan 1999

Expert Report Of Kent D. Syverud, Kent D. Syverud

Michigan Journal of Race and Law

Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.


Law, Literature, And Contract: An Essay In Realism, Blake D. Morant Jan 1998

Law, Literature, And Contract: An Essay In Realism, Blake D. Morant

Michigan Journal of Race and Law

In this Essay, the Author examines contract doctrine's weaknesses as applied to issues of race and gender. By contrasting the doctrinal silence concerning these issues with facts and circumstances that may have influenced the results in specific cases, the Author challenges classical contract theory's assertion of objectivity and its associated assumption of bargaining equality as an integral component of each contract. The Author then uses literature as an illustrative tool to highlight contract law's failings in contexts where bargaining disparities related to race and gender issues are present. This approach is not meant to eliminate contract rules but rather to …


College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim Jan 1998

College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim

Michigan Journal of Race and Law

A review of The Shape of the River: Long Term Consequences of Considering Race in College and University Admissions by Derek Bok & William Bowen


Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law Jan 1998

Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Statements on affirmative action followed by the Asian Pacific American Law Students Association Symposium.