Law and Race Commons^™

The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price

Faculty Articles

This article proceeds as follows. Because it is first necessary to recount some of the history of the Little Rock school cases, Part I discusses the origins and early steps in the long-running litigation. Part II considers the period from 1982 until 2004 when Richard Arnold was a member of the appellate panel assigned to the school cases. This part identifies three critical points of the Eighth Circuit's intervention under Judge Arnold's leadership. In Part III, I suggest how Arnold's motivations for his decisions in the Little Rock school cases related to both his particular view of the limitations of …

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.

Navigating Diverse Identities: Building Coalitions Through Redistribution Of Academic Capital--An Exercise In Praxis, Aya Gruber

Publications

No abstract provided.

The Civil Rights Act Of 1964 And Coalition Politics, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Professor Days began his Childress Lecture by recounting his personal experience with Jim Crow segregation. I too have such a story. I was born and raised in Hunstville, Alabama, a city that is notable, among other things, for having desegregated its public accommodations in 1962, two full years before the passage of the Civil Rights Act of 1964. The turning point in the non-violent sit-in movement in Hunstville was when a young, African- American woman was arrested with a four-month-old baby in her arms, along with a friend who was eight months pregnant. This caused some outrage and widespread press …

Diversity: A Fundamental American Principle, David Orentlicher

Scholarly Works

In this article, Professor David Orentlicher argues that following the U.S. Supreme Court's affirmative action decisions in June 2003, both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity . Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest, diversity is a critical principle for much of American constitutional and social structure. In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to better …

Shall We Overcome? Transcending Race, Class, And Ideology Through Interest Convergence, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

In the past year we have celebrated a number of civil rights milestones: the fiftieth anniversary of Brown v. Board of Education; the fortieth anniversaries of the March on Washington and of the Civil Rights Act of 1964. Collectively our nation now venerates our most progressive, socially transforming legal edicts, even as we accept, or ignore, persistent racial inequality. Much has been written about the limits and modern meaning of Brown. Elsewhere I have argued that we have failed to live up to the integrationist vision that animated Brown and the civil rights movement, primarily because our neighborhoods remain …

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.

Perspectives On Brown: The South African Experience, Penelope E. Andrews

NYLS Law Review

No abstract provided.

Tribal Kulturkampf: The Role Of Race Ideology In Constructing Native American Identity, Carla Pratt

Faculty Articles

No abstract provided.

The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Federal Communications Commission (FCC) has failed to address the systemic issue of negative and stereotypical portrayals of minorities, particularly minority women, in media. These portrayals perpetuate racial and gender stereotypes, contributing to societal discrimination and violence. The FCC's inaction, coupled with its refusal to recognize minority status in licensing and employment practices, exacerbates these issues. The note calls for revised policies to promote diversity and accurate representations in broadcasting, emphasizing the need for regulatory reforms to address these harms.

Summers Of Our Discontent, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter

Publications

No abstract provided.

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …

Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton

Publications

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.

The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …

"Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective, Deleso Alford Washington

Journal Publications

For purposes of this paper, I will address societal regulations imposed upon the Black wombman's ability to control her reproductive rights. As we - Critical Race Feminist ("CRF") theorists who are becoming more empowered Critical Race Feminist activists - engage in necessary dialogue, there must be an appropriate point of departure. Once CRF theorists open our eyes, we will see what I refer to as "her-story." We will also see that it is time to move into action mode in order to address the illusion of reproductive rights for Black women.

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.

Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield

NYLS Law Review

No abstract provided.

Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker

NYLS Law Review

No abstract provided.

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.

Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura

NYLS Law Review

No abstract provided.

Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.

Getting The Politics Right On A National Gautreaux Program, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Alex Polikoff has provided an important national service in identifying the black ghetto as a singular, nation-threatening challenge that is also eminently redressable. His essay resonated greatly with me when I read it. After three years of working in the Clinton White House on urban policy and five years of writing academic articles about race and class segregation in America, I came to virtually the same conclusion about the costs and consequences of the black ghetto.

Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla Pratt

Faculty Articles

This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by defining the theory of micro-reparations and providing the historical foundation which serves as the factual predicate to the claim that black Indians have for reparation. This part of the article establishes how the rule of hypo-descent or the "one drop rule" has served historically and presently to exclude black …

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers' Rights In The United States, Connie De La Vega, Conchita Lozano-Batista

UC Law Journal of Race and Economic Justice

As the economic gap between rich and poor countries continues to grow, those living in poor countries migrate to richer countries to survive. Migrants who succeed in completing the journey to receiving countries are often subjected to human rights violations in the workplace. More particularly, the human rights violations encompass violations of the right to organize in order to be free from exploitative conditions, the right to equality before the law, and the right to legal recourse. This article will provide migrant rights advocates in the U.S. with international legal standards that can be used to address domestic human rights …

Inadequate And Inappropriate Mental Health Treatment And Minority Overrepresentation In The Juvenile Justice System, Kasey Corbit

UC Law Journal of Race and Economic Justice

Not only are minority youth at greater risk for mental illness, they are more likely to be funneled into the juvenile justice system because of untreated symptoms of mental illness. This is because minority youth are less likely to be insured at the same rates as their white peers and more likely to be perceived as aggressive or dangerous when exhibiting symptoms of a mental health problem. California voters may have created a possible solution to this situation by approving Proposition 63, now known as the "Mental Health Services Act," which requires California counties to create innovative solutions to addressing …

Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Guantanamo At The Supreme Court, Robert Rubin, Banafsheh Akhlaghi, Dorothy Ehrlich

UC Law Journal of Race and Economic Justice

No abstract provided.