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Articles 1 - 30 of 96
Full-Text Articles in Law and Race
Taking Stock: Women Of All Colors In Legal Education, Rachel F. Moran
Taking Stock: Women Of All Colors In Legal Education, Rachel F. Moran
Journal of Legal Education
No abstract provided.
Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns
Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns
Journal of Legal Education
No abstract provided.
Midcourse Corrections: Women In Legal Education, Deborah L. Rhode
Midcourse Corrections: Women In Legal Education, Deborah L. Rhode
Journal of Legal Education
No abstract provided.
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Journal of Legal Education
No abstract provided.
A Continuous Body: Ongoing Conversations About Women And Legal Education, Judith Resnik
A Continuous Body: Ongoing Conversations About Women And Legal Education, Judith Resnik
Journal of Legal Education
No abstract provided.
New Directions For Women In The Legal Academy, Deborah Jones Merritt, Barbara F. Reskin
New Directions For Women In The Legal Academy, Deborah Jones Merritt, Barbara F. Reskin
Journal of Legal Education
No abstract provided.
Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders
Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders
University of Arkansas at Little Rock Law Review
No abstract provided.
The Law And Economics Of Racial Profiling: New Jersey's Racial Profiling Statute Of 2003, George Steven Swan
The Law And Economics Of Racial Profiling: New Jersey's Racial Profiling Statute Of 2003, George Steven Swan
North Carolina Central Law Review
No abstract provided.
African-American Farmers And The Fight For Survival: The Continuing Examination For Insights Into The Historical Genesis Of This Dilemma, Phyliss Craig-Taylor
African-American Farmers And The Fight For Survival: The Continuing Examination For Insights Into The Historical Genesis Of This Dilemma, Phyliss Craig-Taylor
North Carolina Central Law Review
No abstract provided.
Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner
Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner
University of Michigan Journal of Law Reform
In light of the recent controversy surrounding Augusta National Golf Club's exclusionary membership policy, this Article highlights the myriad incentives and disincentives that Augusta and similar clubs have for reforming such policies. The author acknowledges the economic importance of club membership in many business communities and addresses the extent to which club members' claims of rights of privacy and free association are valid. The Article also considers the potential of judicial action in promoting the adoption of more inclusive membership policy; the state action doctrine and the First Amendment right to freedom of association are discussed as frameworks under which …
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Journal of Legal Education
No abstract provided.
Re-Engaging Chineseness: Political, Economic And Cultural Imperatives Of Nation-Building In Singapore, Eugene K. B. Tan
Re-Engaging Chineseness: Political, Economic And Cultural Imperatives Of Nation-Building In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
This article examines the management of Chinese identity and culture since Singapore attained independence in 1965. Due to the delicate regional environment, ethnic Chinese identity has been closely managed by the ruling elites, which have been dominated by the English-educated Chinese. There is the evolution from a deliberate policy of maintaining a low-key ethnic Chinese profile to the recent effort to re-sinicize--in form--the majority ethnic group. The article examines the policy impulses and implications for such a landmark change in reconceptualizing the Chinese-Singapore identity, which can be attributed to the needs of regime maintenance buttressed by Confucian ethos as well …
Tenure, Devon W. Carbado, Mitu Gulati
Tenure, Devon W. Carbado, Mitu Gulati
Journal of Legal Education
No abstract provided.
The Consequences Of Race-Blindness: Revisiting Prediction Models With Current Law School Data, Linda F. Wightman
The Consequences Of Race-Blindness: Revisiting Prediction Models With Current Law School Data, Linda F. Wightman
Journal of Legal Education
No abstract provided.
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
Michigan Law Review
The tension between equality and discretion lies at the heart of some of the most vexing questions of constitutional law. The considerable discretion that many official decisionmakers wield raises the spectre that violations of equality norms will sometimes escape detection. This is true in a variety of settings, whether discretion lies over speakers' access to public fora, implementation of the death penalty, or the recounting of votes. Is the First Amendment violated, for example, when a city ordinance gives local officials broad discretion to determine the conditions under which political demonstrations may take place? Is equal protection denied where the …
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Michigan Law Review
A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …
Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates
Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Michigan Law Review
In a small, triangular plot, a short distance north of the Capitol in Washington, D.C., is the recently dedicated "National Japanese American Memorial to Patriotism." One of the primary purposes of the memorial is to recall publicly the forced removal of Japanese Americans from the Pacific coast at the beginning of World War II and their imprisonment in government internment camps for the duration of the war. The incident is worth recalling, of course, if for no other reason than as a constant reminder that we must not let a similar tragedy befall any other group of Americans. But one …
The Politicization Of Clarence Thomas, Jagan Nicholas Ranjan
The Politicization Of Clarence Thomas, Jagan Nicholas Ranjan
Michigan Law Review
Perception often shapes memory. In particular, the way one perceives a noteworthy public figure often shapes that figure's historical legacy. For example, history largely remembers John Coltrane as one of the greatest jazz saxophone players of our time. His improvisational skill, innovative style, and mastery over his instrument all serve to classify him in the public memory as the ultimate jazz performer. Yet, as the example of Coltrane might demonstrate, perception is unjustly deficient. Coltrane was not merely a great saxophone player; he was first and foremost a religious figure whose spirituality drove his creativity and manifested itself in prayerful …
Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui
Live And Let Love: Self-Determination In Matters Of Intimacy And Identity, Kim Forde-Mazrui
Michigan Law Review
Are you free to choose the race of your spouse, . . . of your child, . . . of yourself? Historically, the legal and social answer to these questions was No. Matters of racial identity and interracial intimacy were strictly circumscribed by ideologies of racial essentialism and separation, ostensibly rooted in science, morality, and religion. In contrast, according to Professor Randall Kennedy in his new book, Interracial Intimacies: Sex, Marriage, Identity, and Adoption, the answer to all three questions should be a resounding Yes. The exclusive source of racial identification and intimacy should be individual choice, free from legal …
The Arrangements Of Race, Frank H. Wu
The Arrangements Of Race, Frank H. Wu
Michigan Law Review
In his debut novel, Stephen Carter takes pains to explain that although he and his protagonist, Talcott Garland (who goes by "Misha"), share superficial aspects of their identities, they should not be confused as twins. Carter and Misha may both be middle-aged professors at prestigious East Coast universities who grew up as members of the African-American elite that summered on Martha's Vineyard as segregation was officially ending; and they may both be passionate about chess. Beyond that, however, they are dissimilar. Carter drives no faster than the speed limit and otherwise leads a life that appears to be boring beyond …
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love, Joseph B. Stulberg
Articles
No abstract provided.
Millennium Showdown For Public Interest Law And Non-White Access To Public Higher Education: Wolves Circling At The Henhouse Door, Stephanie Y. Brown
Millennium Showdown For Public Interest Law And Non-White Access To Public Higher Education: Wolves Circling At The Henhouse Door, Stephanie Y. Brown
University of the District of Columbia Law Review
Institutions of higher education are uniquely positioned to influence the tone and character of justice available in the society. As centers of information and acculturation, colleges, universities, and professional schools determine the next generation of legal innovators and how they will be trained. In an era when aggressive opponents of racial equality indulged by a conservative court impede the gradual progress made possible through affirmative action programs, I believe that legal educators share considerable responsibility for the chronic deficiency of equal access to education plaguing racial minorities in this country. Intoxicated by the rhetoric of public interest and ritualistic tilting …
No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd
No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd
Journal of Legal Education
No abstract provided.
White Interests And Civil Rights Realism: Rodrigo's Bittersweet Epiphany, Richard Delgado
White Interests And Civil Rights Realism: Rodrigo's Bittersweet Epiphany, Richard Delgado
Michigan Law Review
I had just settled down, taken off my tie, and was about to go over the two-page handout entitled "Information for Wedding Parties " that the minister of the small church had handed me minutes earlier, when I heard a knock and familiar voice from the other side of the anteroom door.
Retrying Race, Anthony V. Alfieri
Retrying Race, Anthony V. Alfieri
Michigan Law Review
This Essay investigates the renewed prosecution of long-dormant criminal and civil rights cases of white-on-black racial violence arising out of the 1950s and 1960s. The study is part of an ongoing project on race, lawyers, and ethics within the criminal-justice system. Framed by this larger project, the Essay explores the normative and sociolegal meaning of that resurgent prosecution. My hope in pursuing this inquiry is to better understand, and perhaps begin to refashion, the prosecutor's redemptive role in cases of racial violence. Both descriptive and prescriptive in nature, the inquiry addresses race in relation to law and community. Grappling with …
American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez
American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez
Michigan Law Review
Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …
Racial Stereotypes, Broadcast Corporations, And The Business Judgment Rule, Leonard M. Baynes
Racial Stereotypes, Broadcast Corporations, And The Business Judgment Rule, Leonard M. Baynes
University of Richmond Law Review
No abstract provided.
Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow
Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow
Michigan Law Review
Two familiar arguments oppose lawsuits and legislative efforts to address racial injustices from our national past, and a third tacit argument can be discerned. "Why open old wounds?": this question animates the first argument. The evidence is stale - this expresses the second argument. The third, less explicit objection reflects worries that exposing some gross and unremedied racial injustices from the past will reveal the scale of imperfections in the systems of justice and government and thereby undermine the legitimacy of those systems. To introduce the meticulous and passionate essays in this Colloquium, I elaborate and respond to each of …