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Articles 31 - 60 of 71
Full-Text Articles in Law and Race
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Scholarly Articles in Law Reviews & Journals
This Essay transcribes and discusses Smith's keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith's speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Scholarly Articles in Law Reviews & Journals
This Essay arises out of the keynote speech that I gave at the New England Clinical Conference at Harvard Law School in November 2015. The conference theme was, “Teaching Race, Gender and Class: Learning from Our Students, Communities and Each Other.” The primary planners and hosts for the conference were clinical teachers and programs in the Northeast, but participants came from around the country to talk about the importance of addressing race, gender and class in this moment of black lives mattering. They wanted to talk about the way that these issues of race, gender and class had always been …
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Scholarly Articles in Law Reviews & Journals
he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied
The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck
The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck
Scholarly Articles in Law Reviews & Journals
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan Carle
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan Carle
Scholarly Articles in Law Reviews & Journals
This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)-namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites …
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
Scholarly Articles in Law Reviews & Journals
This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …
Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter
Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter
Scholarly Articles in Law Reviews & Journals
Part I of this Comment describes the history and structure of Egypt's antiquities laws. It also describes Egypt's relevant international obligations under the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Declaration on the Rights of Indigenous Peoples. In Part II, this Comment argues that the current state of Egypt's antiquities system is inconsistent with its international obligations. Part II considers whether Egypt's exclusion of the Nubians stems from Egyptological superiority narratives and analyzes which narratives Egypt could adopt without violating international law. Finally, Part …
In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis
In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …
The Politics Of Hate, Robert Tsai
The Politics Of Hate, Robert Tsai
Scholarly Articles in Law Reviews & Journals
This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel; judicial handling …
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Aryans, Gender, And American Politics, Robert Tsai
Aryans, Gender, And American Politics, Robert Tsai
Scholarly Articles in Law Reviews & Journals
This short essay discusses some of the ways in which the Aryan movement in America activates gendered beliefs for the goal of legal, political, and cultural transformation. In recent years, the community has moved from common law theories of white sovereignty to more robust forms of racial constitutionalism. The piece is drawn from "America's Forgotten Constitutions: Defiant Visions of Power and Community"
Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles
Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Human Rights Hero - President Barack Obama, Stephen Wermiel
Human Rights Hero - President Barack Obama, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Racial Fairness In The Criminal Justice System: The Role Of The Prosecutor, Angela J. Davis
Racial Fairness In The Criminal Justice System: The Role Of The Prosecutor, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
In this article, Davis analyzes discusses efforts to involve prosecutors in the elimination of racial disparities in the criminal justice system. Part II explains how prosecutors unintentionally contribute to disparities through the arbitrary, unsystematic exercise of discretion. Part III argues that the U.S. Supreme Court has failed to provide an effective legal remedy for victims of race-based selective prosecution. Finally, in Part IV, Davis endorses the use of racial impact studies and task forces and discusses a model reform effort spearheaded by the Vera Institute of Justice.
Progressive Lawyering In Politically Depressing Times, Susan Carle
Progressive Lawyering In Politically Depressing Times, Susan Carle
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Susan Sturm's important work offers a ray of optimism in a contemporary political climate most people of progressive inclinations find somewhat depressing. Sturm examines new models for bringing about institutional re- form without extensive management from legislatures or courts. As Sturm recognizes, resort to litigation as a strategy for increasing gender parity in employment is not a promising option these days, for several sets of reasons. First, as Sturm has explained in an earlier pathbreaking article, judicial decrees are not well suited to addressing "second generation" problems of structural reform of institutions, such as eliminating manifestations of race and …
Friday Night Lite: How De-Racialization In The Motion Picture Friday Night Lights Disserves The Movement To Eradicate Racial Discrimination From American Sport, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel
Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …
The Moiwana Village Case, Claudia Martin
The Moiwana Village Case, Claudia Martin
Scholarly Articles in Law Reviews & Journals
Moiwana Village is the second case to be decided by the Inter-American Court on Human Rights against Suriname in which the victims are members of an ethnic community that descends from'Bush Negroes' or 'Maroons', namely escaped former slaves who established new autonomous communities in the eastern part of Suriname. In contrast to its prior judgment, in Moiwana the Court shows a striking evolution in its case law regarding the treatment of ethnic or group rights. This approach, which may be traced back to previous case law on the rights of indigenous communities, affords an enhanced protection to members of an …
Resegregation In Public Education, Stephen Wermiel
Resegregation In Public Education, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff
For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru
The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Human Rights Hero - Coretta Scott King, Stephen Wermiel
Human Rights Hero - Coretta Scott King, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel
The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle
Scholarly Articles in Law Reviews & Journals
INTRODUCTION The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …
Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles
Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles
Scholarly Articles in Law Reviews & Journals
No abstract provided.