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Full-Text Articles in Law and Race
Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris
Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris
UC Law Journal of Race and Economic Justice
Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own research with …
Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf
Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf
UC Law Journal of Race and Economic Justice
Proving race discrimination in a criminal case using statistical evidence has been a difficult endeavor since the Supreme Court's rulings in McCleskey and Armstrong. In those cases, the Court set a high threshold for using statistics to prove constitutional violations. This note argues that this threshold is not insurmountable. Studies can be crafted to overcome the strict guidelines set out in McCleskey and Armstrong. Additionally, lower courts have interpreted these cases too broadly, such that validly presented statistical studies have unfairly been brushed aside. This note also argues that the Court analyzes social scientific studies differently when those studies are …
Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander
Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander
UC Law Journal of Race and Economic Justice
Plaintiffs who have been discriminated against in retail stores on the basis of race or national origin have historically turned to the contracts clause of 42 U.S.C. § 1981, which guarantees to all people within the United States the same right "as is enjoyed by white citizens" to "make and enforce contracts." In 1991, Congress amended the statute, extending the requirement of equality beyond the "making and enforcement" of contracts to include the "performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." However, many courts have continued to apply …
Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki
Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki
UC Law Journal of Race and Economic Justice
Each year, innumerable asylum seekers are denied relief in the United States because the asylum officer or immigration judge does not believe that the applicant is telling the truth. The immigration judge makes an adverse credibility determination because the applicant's story of persecution lacks sufficient detail and is inconsistent. A victim of severe and often prolonged trauma may develop post-traumatic stress disorder (PTSD), which profoundly affects his ability to tell a consistent and detailed story of past persecution. Thus, an asylum seeker suffering from PTSD as a result of traumatic experiences, desperately in need of a safe haven, may be …