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Law and Race Commons™

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2002

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Articles 61 - 74 of 74

Full-Text Articles in Law and Race

The Future Of Civil Rights: A Dialogue, Margaret E. Montoya Jan 2002

The Future Of Civil Rights: A Dialogue, Margaret E. Montoya

Faculty Scholarship

Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny

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Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

Contract Rights And Civil Rights, Davison M. Douglas

Faculty Publications

No abstract provided.

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An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun Jan 2002

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

Publications

No abstract provided.

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Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

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 …

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What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White Jan 2002

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 …

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Cherokee Nation Tribal Profile, Ahnawake Carroll Jan 2002

Cherokee Nation Tribal Profile, Ahnawake Carroll

Tribal Law Journal

Cherokee Nation Tribal Profile by Ahnawake Carroll provides readers with an overview of the Cherokee Nation Tribal Government. This profile includes information regarding both the historical and contemporary uses of the tribe's traditional law, law of governance, enacted law, and case law.

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Racial Profiling Under Attack, Samuel R. Gross, D. Livingston Jan 2002

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

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Property In Writing, Property On The Ground: Pigs, Horses, Land, And Citizenship In The Aftermath Of Slavery, Cuba, 1880-1909, Rebecca J. Scott, Michael Zeuske Jan 2002

Property In Writing, Property On The Ground: Pigs, Horses, Land, And Citizenship In The Aftermath Of Slavery, Cuba, 1880-1909, Rebecca J. Scott, Michael Zeuske

Articles

In the most literal sense, the abolition of slavery marks the moment when one human being cannot be held as property by another human being, for it ends the juridical conceit of a "person with a price." At the same time, the aftermath of emancipation forcibly reminds us that property as a concept rests on relations among human beings, not just between people and things. The end of slavery finds former masters losing possession of persons, and former slaves acquiring it. But it also finds other resources being claimed and contested, including land, tools, and animals-resources that have shaped former …

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The First Decade: Critical Reflections, Or "A Foot In The Closing Door", Kimberlé W. Crenshaw Jan 2002

The First Decade: Critical Reflections, Or "A Foot In The Closing Door", Kimberlé W. Crenshaw

Faculty Scholarship

In the introduction to Critical Race Theory: The Key Writings That Formed the Movement, Gary Peller, Neil Gotanda, Kendall Thomas, and I framed the development of Critical Race Theory (CRT) as a dialectical engagement with liberal race discourse and with Critical Legal Studies (CLS). We described this engagement as constituting a distinctively progressive intervention within liberal race theory and a race intervention within CLS. As neat as this sounds, it took almost a decade for these interventions to be fleshed out fully. Reflecting on the past ten years of CRT, this Article explores the course of these interventions from the …

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Racial Justice: Moral Or Political?, Kendall Thomas Jan 2002

Racial Justice: Moral Or Political?, Kendall Thomas

Faculty Scholarship

Nearly one hundred years ago, W.E.B. DuBois predicted that the problem of the 20th century would be the problem of the color line. Were he writing today, DuBois might well conclude that in the U.S., the problem of the coming century will be the problem of the color-bind. Although Americans arguably remain "the most 'race-conscious' people on earth," our national conversation about "race" now stands at an impasse. Our ways of talking, or refusing to talk, about race increasingly speak past the racialized dilemmas of educational equity, affirmative action, poverty, welfare reform, housing, lending, labor and employment discrimination, health …

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Cherokee Nation Election Of 1995, Ahnawake Carroll Jan 2002

Cherokee Nation Election Of 1995, Ahnawake Carroll

Tribal Law Journal

The Cherokee Nation Election of 1995 by Ahnawake Carroll discusses a test of the constitutional distribution of powers within the Cherokee government in the context of the 1995 tribal election. This article explores through the mechanism of five selected rulings the role of the tribal judiciary in adjudicating various controversies arising out of the election resulting in the judiciary placing "a check on the legislative and executive powers of the Cherokee government" based upon interpretations of the Cherokee Constitution, as well as codified Cherokee law.

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Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law: Introduction, Suzanne B. Goldberg Jan 2002

Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law: Introduction, Suzanne B. Goldberg

Faculty Scholarship

Hello and welcome. We are thrilled to see you all here. I speak on behalf of my co-panelists in thanking Sarah Weddington for laying some of the groundwork on which we are standing and for laying some of the foundation that gives rise to the issues we are going to talk about on this panel.

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Racial Profiling Under Attack, Samuel R. Gross, Debra A. Livingston Jan 2002

Racial Profiling Under Attack, Samuel R. Gross, Debra A. Livingston

Faculty Scholarship

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department of Justice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence – a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, …

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Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield Jan 2002

Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield

All Faculty Publications

For over 150 years, there has been a history of tension and conflict between the police and minority communities in the United States. In principle, the police exist to enforce the law and protect all citizens regardless of race or ethnic background, yet police departments across the country have been repeatedly accused of targeting and harassing racial minorities, and of failing to root out racist attitudes and practices within their ranks. Recent, high profile cases of beatings by police have only served to heighten concerns over the mistreatment of minorities by the police, resulting in widespread calls for major legal …

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