Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (193)
- Constitutional Law (73)
- Fourteenth Amendment (70)
- Supreme Court of the United States (63)
- Law and Society (40)
-
- Legal History (38)
- Election Law (30)
- Criminal Law (25)
- Education Law (24)
- Law and Gender (19)
- State and Local Government Law (19)
- Legal Writing and Research (16)
- Property Law and Real Estate (15)
- Courts (14)
- Law Enforcement and Corrections (14)
- Legislation (14)
- Labor and Employment Law (12)
- Family Law (10)
- Legal Profession (10)
- Criminal Procedure (9)
- Immigration Law (9)
- Jurisprudence (9)
- Litigation (7)
- Fourth Amendment (6)
- Housing Law (6)
- Torts (6)
- Evidence (5)
- First Amendment (5)
- Keyword
-
- Race and law (115)
- Racism (87)
- African Americans (59)
- Minorities (57)
- Segregation (40)
-
- United States Supreme Court (33)
- Discrimination (30)
- African American (28)
- Equal Protection Clause (26)
- Affirmative action (22)
- Brown v. Board of Education (20)
- Equal protection (18)
- Equality (18)
- History (17)
- Minority (15)
- Public schools (15)
- Gender and law (14)
- Slavery (14)
- Book reviews (12)
- Women (12)
- Civil Rights Act of 1964 (11)
- Voting Rights Act (11)
- Plessy v. Ferguson (10)
- Title VII (10)
- White supremacy (9)
- Colorblindness (8)
- Critical race theory (8)
- Due process (8)
- Fifteenth Amendment (8)
- Voting (8)
Articles 91 - 120 of 300
Full-Text Articles in Law and Race
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Michigan Law Review
Have African Americans fared better under a scheme of freedom of contract or of government regulation of private employment relationships? Have court decisions striking down regulation of employment contracts on liberty of contract grounds aided black interests? Many contemporary observers, although with some notable dissenters, would respond that government regulation of freedom of contract, particularly the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964, has benefited African Americans because it has restrained discriminatory conduct by private employers. Professor David E. Bernstein challenges the view that abrogation of freedom of contract has consistently benefited African Americans by …
What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White
What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White
Michigan Law Review
One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy - who tragically died not long after his graduation - the Symposium not only brought an important topic to the forefront of legal thinking, it did so in an extraordinarily interesting way. For this was not a mere collection of papers; the authors met in small editorial groups to discuss their work in detail, and as a result the whole project has a remarkable coherence and …
Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller
Michigan Law Review
Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to increase …
Making The Familiar Conventional Again, Steven L. Winter
Making The Familiar Conventional Again, Steven L. Winter
Michigan Law Review
In 1984, Gerald López published his groundbreaking and still remarkable Lay Lawyering, employing then-recent developments in cognitive science to reexamine and reconfigure basic questions of law and legal reasoning. Three years later, Charles Lawrence's The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism used insights from cognitive and Freudian psychology to probe the problem of racism and the inadequacy of the law's response. George Lakoff's Women, Fire, and Dangerous Things appeared that same year. It was followed by a series of articles in which I examined a range of legal and theoretical issues in light of the new …
Morgan Kousser's Noble Dream, Heather K. Gerken
Morgan Kousser's Noble Dream, Heather K. Gerken
Michigan Law Review
J. Morgan Kousser, professor of history and social science at the California Institute of Technology, is an unusual academic. He enjoys the respect of two quite different groups - historians and civil rights litigators. As a historian, Kousser has written a number of important works on the American South in the tradition of his mentor, C. Vann Woodward, including a foundational book on southern political history, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910. Many of his writings have become seminal texts among election law scholars. Kousser has also used his historical skills …
Usa 2050: Identity, Critical Race Theory, And The Asian Century, Adrien Katherine Wing
Usa 2050: Identity, Critical Race Theory, And The Asian Century, Adrien Katherine Wing
Michigan Law Review
Robert Chang, a promising young scholar, has given us the first book on Asian Critical Race Theory, or AsianCrit, in his short, readable volume Disoriented: Asian Americans, Law, and the Nation-State. It is a loosely woven collection of essays divided into three parts, drawing upon work Professor Chang published in several earlier law review articles. This book is part of the Critical America Series of New York University Press. The general editors are Critical Race Theory (CRT) senior scholar Professor Richard Delgado of the University of Colorado Law School and his wife, legal researcher Jean Stefancic. The series has produced …
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
Michigan Law Review
The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud
Michigan Law Review
What if America were to make good on its promise of equal opportunity by [XXX]? That's the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott's new book, with one change: we have substituted "[XXX]" for the authors' catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America "to make good on its promise of equal opportunity"? As you ponder that question, you might consider the following feature of the Ackerman/ …
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Michigan Law Review
Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …
Building Community In The Twenty-First Century: A Post-Integrationist Vision For The American Metropolis, Sheryll D. Cashin
Building Community In The Twenty-First Century: A Post-Integrationist Vision For The American Metropolis, Sheryll D. Cashin
Michigan Law Review
[T]he problem of the Twentieth Century is the problem of the color-line. When W.E.B. DuBois wrote this prophetic statement at the dawn of the twentieth century, the American metropolis did not yet exist. Perhaps DuBois could not have predicted the sprawled, socioeconomically fragmented landscape that is so familiar to the majority of Americans who now live and work in metropolitan regions. But his prediction of a "color line" that would sear our consciousness and present the chief social struggle for the new century proved all too correct. As we contemplate the twenty-first century, Gerald Frug's book, City Making, makes clear …
The Importance Of Being Biased, Anthony M. Dillof
The Importance Of Being Biased, Anthony M. Dillof
Michigan Law Review
The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick …
The Influence Of Race In School Finance Reform, James E. Ryan
The Influence Of Race In School Finance Reform, James E. Ryan
Michigan Law Review
It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures. …
Response To Review By Terrance Sandalow, William G. Bowen, Derek Bok
Response To Review By Terrance Sandalow, William G. Bowen, Derek Bok
Michigan Law Review
Mark Twain tried to convey the size and complexity of the Mississippi by explaining to his readers that the river draws its water from every state between Delaware and Idaho, discharges 338 times as much water as the Thames, and is fed by 54 subordinate rivers each of which was large enough for steamboat travel.
Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon
Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon
Michigan Law Review
Many who oppose affirmative action programs in the United States because they use "racial" categories such as black, African American, or Latino, claim that equally effective and more equitable programs can be developed using only class categories, such as "low income." A key test case for the "race v. class" debate is admission to law schools, made urgent by recent legal prohibitions on the use of "race" in the admission procedures to state universities in California, Washington, and Texas. An empirical study by Linda Wightman, the former director of research for the Law School Admissions Council (LSAC), has shown that …
Affirmative Action, Caste, And Cultural Comparisons, Cass R. Sunstein
Affirmative Action, Caste, And Cultural Comparisons, Cass R. Sunstein
Michigan Law Review
What is permitted, and what is prohibited, by the equality principle of a liberal democracy? Does affirmative action run afoul of that principle? And where should we look to answer these questions? Many critics of affirmative action take it as axiomatic that affirmative action violates the equality principle. But this is far from clear. Every law classifies. The current law of equality itself classifies by, for example, treating discrimination on the basis of race differently from discrimination on the basis of age. No one thinks that the law of equality is, for this reason, inconsistent with the Equal Protection Clause. …
Caste, Class, And Equal Citizenship, William E. Forbath
Caste, Class, And Equal Citizenship, William E. Forbath
Michigan Law Review
There is a familiar egalitarian constitutional tradition and another we have largely forgotten. The familiar one springs from Brown v. Board of Education; its roots lie in the Reconstruction era. Court-centered and countermajoritarian, it takes aim at caste and racial subordination. The forgotten one also originated with Reconstruction, but it was a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts. Aimed against harsh class inequalities, it centered on decent work and livelihoods, social provision, and a measure of economic independence and democracy. Borrowing a phrase from its Progressive Era proponents, I will call it the social …
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan
Michigan Law Review
Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions, …
The Color Line Of Punishment, Jerome H. Skolnick
The Color Line Of Punishment, Jerome H. Skolnick
Michigan Law Review
If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …
The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman
The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman
Michigan Law Review
For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race …
The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher
The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher
Michigan Law Review
Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …
Foreword: "Racialism" And Reason, Frank I. Michelman
Foreword: "Racialism" And Reason, Frank I. Michelman
Michigan Law Review
Clueless, I am not; but still I can wonder why I, of all people, was recruited to write a foreword for this symposium - sight unseen, before its component papers had even been submitted. Neither legal representation nor the teaching of it has ever been for me a main activity or focus of scholarly reflection. Although I have written occasionally about race - in defense of busing, on the side of affirmative action - no one could mistake me for a critical race theorist. I am the original-model imperial scholar, as of last report only partially redeemed. "Liberal" is the …
Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell
Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell
Michigan Law Review
For attorneys of color, the concept of "representing race" within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country.
Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza
Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza
Michigan Law Review
My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.
Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.
Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.
Michigan Law Review
I can only explain what Vampires Anonymous has done for me by telling my story. I know, stories, particularly autobiographical stories, are currently being dissed by some law professors. Raised in an overly obsessive, objectively neutralized cultural style, they are plain and simple Storyhaters. Their middle to upper class parents had money, a home in the burbs, and nice kids who were going to go on from their fancy grade schools and college preparatory gigs to Harvard/Stanford/Yale - all those types of pricey places where law professors usually come from. These kids were raised to be objective, neutral, neutered, fair, …
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Michigan Law Review
Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …
The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.
The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.
Michigan Law Review
Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …
Unshackling Black Motherhood, Dorothy E. Roberts
Unshackling Black Motherhood, Dorothy E. Roberts
Michigan Law Review
When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Michigan Law Review
So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …
Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents, Richard Delgado
Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents, Richard Delgado
Michigan Law Review
Professor! You're back! Rodrigo leaped to his feet and shook my hand fervently. "I heard a rumor you might be coming. What good news! Sit down. Did the authorities give you any trouble?"
Afterword: Other Americas, Angela P. Harris
Afterword: Other Americas, Angela P. Harris
Michigan Law Review
In an article published by Harper's Magazine in July 1991, James Traub, a white journalist, reported that participants on "The Gary Byrd Show," a New York City-based black radio talk show, insisted on attributing nearly every event adversely affecting African Americans to racist conspiracies. Traub titled his article "A CounterReality Grows in Harlem," and he was clearly shocked and dismayed by what he saw as the widespread irrationalism, even paranoia, of Harlem's black residents. His article suggested that the emergence of this counterreality was a measure of the dangerous isolation of certain segments of African America from the rest of …