Law and Race Commons^™

Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel

Faculty Scholarship

In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.

This Article clarifies the …

Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon

North Carolina Central Law Review

No abstract provided.

Classroom Conversations About Race, Poverty And Social Status In The Aftermath Of Katrina, Homer C. La Rue, Lela P. Love

Articles

This article addresses dialogue regarding issues of race, poverty and social inequalities in the wake of the New Orleans hurricane Katrina. Conversations were conducted in law school classrooms at Howard Law School and Benjamin N. Cardozo School of Law regarding the intersection of law and race, class, and poverty. The objective was not to have an abstract dialogue, but to help students develop a personal understanding of each student’s connection or lack of connection to the issues of race, class and poverty and their own choices about becoming a lawyer as it might relate to those issues. The goal was …

A Diversity Theory Of Charitable Tax Exemption—Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen

Law Faculty Scholarly Articles

What is the normative rationale for the federal income tax exemption for nonprofit charitable corporations? Even though the exemption dates back to 1894, Congress has failed to fully rationalize it. Though scholars and courts have attempted over the years to come up with a coherent rationale for the charitable tax exemption, their attempts are focused almost exclusively on economic efficiency. Thus, the charitable tax exemption is typically framed by noted tax scholars like Boris Bittker, Henry Hansmann, and others as an economically efficient means of providing certain goods and services to the public. Rationalizing the charitable tax exemption in economic …

Multiracial Identity And Affirmative Action, Nancy Leong

Faculty Publications

No abstract provided.

Bad Faith: Race, Religion And The Reformation Of Welfare Law, Richard Hardack

Cardozo Public Law, Policy & Ethics Journal

The article critically examines the cultural, theological, and legal underpinnings of welfare policies in the United States, arguing that these policies are deeply influenced by racialized and gendered stereotypes. It contends that conservative and liberal thinkers alike have framed welfare as a threat to capitalist values, often justifying this stance through theological and postmodernist ideas. The analysis highlights how welfare is constructed as a declaration of dependence, contradicting the ideals of self-reliance and market-driven solutions. The article also critiques the legal system for failing to recognize welfare as a fundamental right, instead treating it as a privilege subject to state …

A Summary Of "Systemic Analysis", Richard H. Sander

Journal of Race, Gender, and Ethnicity

No abstract provided.

Response To Professor Sander, Douglas D. Scherer

Journal of Race, Gender, and Ethnicity

No abstract provided.

Leveling The Playing Field In Law School: A Look At Academic Assistance Programs For Minority Law Students, Anupama Ramlackhan

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang

Michigan Law Review

This Note argues that because homeowners insurance is central to homeownership, the FHA applies to insurance underwriting policies, such as those mentioned above, that have a disparate impact on minority potential homeowners. Part I considers whether the FHA applies to homeowners insurance and concludes that homeowners insurance is covered by the Act. Part II goes on to argue that the FHA applies to homeowners insurance even where the discrimination results from disparate impact, rather than from disparate treatment. Finally, Part III analyzes the above-mentioned policies of the insurance industry under the FHA disparate impact standard.

Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson

University of Richmond Law Review

No abstract provided.

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.

The Current Landscape Of Race: Old Targets, New Opportunities, Richard Delgado

Michigan Law Review

It is difficult enough identifying areas within a current field of scholarship that are underdeveloped and in need of further attention. In science, one thinks of missing elements in the periodic table or planets in a solar system that our calculations tell us must be there but that our telescopes have not yet spotted. In civil-rights law, one thinks of such areas as women's sports or the problems of intersectional groups, such as women of color or gay black men. One also thinks of issues that current events are constantly thrusting forward, such as discrimination against Arabs or execution of …

Undercover Other, Angela Onwuachi-Willig

Faculty Scholarship

This Essay argues in favor of legally recognizing same-sex marriages by exploring the similarities in passing between members of same-sex marriages/relationships and interracial marriages/relationships. Specifically, this Essay unpacks the claim that the ability of gays and lesbians to pass as heterosexual distinguishes the ban on same-sex marriages from former bans on interracial marriages. Part I of this Essay first describes policy-based critiques of a Loving-based argument for legalizing same-sex marriage, or as one scholar has coined, of playing the Loving card by analogizing the racism that motivated anti-miscegenation statues that the Supreme Court struck down in 1967 to the anti-gay …

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh

Law Faculty Articles and Essays

This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system …

This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig

Faculty Scholarship

On April 1, 2005, the U.C. Davis Law Review hosted in its annual symposium an extremely distinguished group of scholars, who addressed central theories of Critical Race Feminism (“CRF”) in a daylong series of inspiring, thought-provoking, cutting-edge, and captivating presentations. The panelists at the symposium — in front of a packed room of students, professors, and local residents — delved into issues as diverse as the unique role of immigrant women in community economic development, societal failure to deal with domestic violence from a multidimensional perspective, the proposal of a contractual good faith claim based on Professors Devon Carbado and …

Asymmetrical Attitudes And Participatory Justice, Michael Giudice

Cardozo Public Law, Policy & Ethics Journal

The article explores the asymmetry in attitudes toward law between legal officials and citizens, arguing that this disconnect leads to deficiencies in moral justice. It suggests that participatory justice practices, inspired by Aboriginal legal traditions, can bridge this gap by emphasizing context-sensitive, individualized approaches to dispute resolution.

The Myth Of Moral Justice In-Print Symposium: A Brief Response, Kenneth R. Feinberg

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Introduction To Economic Justice Symposium, Adam Zapala

UC Law Journal of Race and Economic Justice

No abstract provided.

The Group Dangers Of Race-Based Conspiracies, Catherine E. Smith

Scholarly Articles

This article argues that just as federal courts recognize the group dangers of criminal conspiracies, they should recognize the special group dangers of race-based conspiracies, and hold racist corporate officers accountable for racially motivated intracorporate conspiracies under § 1985(3). If the defendants in Dickerson had been found guilty of the most basic federal criminal conspiracy, such as conspiring to defraud the government, they would have been sentenced accordingly because the majority of circuits reject the application of the intracorporate conspiracy doctrine to criminal conspiracies. The federal courts do not immunize intracorporate criminal conspiracies because "the action by an incorporated collection …

Equal Protection - Florida's Disenfranchisement Law: Appellate Court Affirms Decision Finding Disenfranchisement Provision Does Not Violate Constitution - Johnson V. Governor Of The State Of Florida, Et. Al., 405 F.3d 1214 (11th Cir. 2005), Arthenia L. Joyner

Florida A & M University Law Review

No abstract provided.

Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser

UC Law Journal of Race and Economic Justice

Historically, physicians of color experienced significant barriers in their continued assimilation into the health care profession. Although managed care organizations do not appear to purposefully discriminate against physicians of color, the selection criteria utilized by these networks coupled with underlying biases have resulted in a disproportionate exclusion of minority physicians. By analyzing the norms and practices of managed care organizations, the author highlights possible causes of this disparity. Additionally, after addressing the inadequacy of using current civil rights laws to redress discrimination in the medical market, the author offers several innovative local, state, and federal remedies as potential alternative avenues …

When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones

Articles

No abstract provided.

Denial, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya

Faculty Scholarship

No abstract provided.

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Cardozo Journal of Conflict Resolution

Even an adept negotiator can be baffled by cultural differences. When a negotiation reaches an impasse because of an unfamiliar cultural interest or a miscommunication between the parties due to different styles of communicating, negotiating, or decisionmaking, the negotiator might find it helpful to enlist assistance from a culturally-trained and culturally-appropriate mediator. This Article considers how such a third party can help you, as a negotiator, bridge cultural differences. It considers when to seek aid from a mediator, what the credentials of the mediator ought to be, and the impact of the mediator's approach on the way you represent your …

Arab Stereotyping: A Multi-Disciplinary Perspective, Rachel Saloom

The Modern American

No abstract provided.

Living By The Sword: The Free Exercise Of Religion And The Sikh Struggle For The Right To Carry A Kirpan, Rishi S. Bagga

The Modern American

No abstract provided.