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Articles 61 - 90 of 108
Full-Text Articles in Law and Race
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon
Articles
No abstract provided.
Majority Politics And Race Based Remedies, Darren L. Hutchinson
Majority Politics And Race Based Remedies, Darren L. Hutchinson
Faculty Articles
This Essay applies the principles of social movement theory and analyzes the legal status of race-based remedies. Many scholars have debated the constitutionality and efficacy of affirmative action, the appropriateness of race-consciousness (from legal and social perspectives) and the legitimacy of structural judicial remedies for various types of discrimination. This paper will add to this literature by demonstrating the influence of conservative race politics and ideology on Court doctrine concerning affirmative action and other race-based remedies. In particular, this Essay will demonstrate that, consistent with broader political trends, the Court disfavors governmental usage of race as a remedy for discrimination …
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Faculty Scholarship
This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …
Maldef And The Legal Investment In A Multi-Colored America, Tom I. Romero Ii
Maldef And The Legal Investment In A Multi-Colored America, Tom I. Romero Ii
Scholarly Works
No abstract provided.
Bound Between & Beyond The Borderlands: Region, Race, Scale And A Subnational Legal History, Tom I. Romero Ii
Bound Between & Beyond The Borderlands: Region, Race, Scale And A Subnational Legal History, Tom I. Romero Ii
Scholarly Works
No abstract provided.
¿ La Raza Latina?: Multiracial Ambivalence, Color Denial, And The Emergence Of A Tri-Ethnic Jurisprudence At The End Of The Twentieth Century, Tom I. Romero Ii
¿ La Raza Latina?: Multiracial Ambivalence, Color Denial, And The Emergence Of A Tri-Ethnic Jurisprudence At The End Of The Twentieth Century, Tom I. Romero Ii
Scholarly Works
No abstract provided.
The Spirit Of 1968: Toward Abolishing Terry Doctrine, Frank Rudy Cooper
The Spirit Of 1968: Toward Abolishing Terry Doctrine, Frank Rudy Cooper
Scholarly Works
In this essay, Professor Frank Rudy Cooper summarizes how the Terry opinion's refusal to apply the probable cause standard made Fourth Amendment doctrine more conservative. He then suggests that the result has gone largely unchallenged because whites have been willing to trade decreases in the civil liberties of blacks for perceived increases in crime control. Prof Cooper concludes by calling on us to consider returning to the spirit of the beginning of 1968 by abolishing Terry doctrine.
Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard
Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard
Articles
During the Louisiana Constitutional Convention of 1867-1868, the young Edouard Tinchant proposed measures to protect the civil rights of women. He suggested that the State adopt legal measures to allow all women, regardless of race or color, to more easily bring complaints in the event of a breach of a marriage promise. He also proposed additional measures to prevent women from being forced into “concubinage” against their will. While that constitutional Convention was open to men of color and guaranteed a number of the rights for which Tinchant and his friends were fighting, the assembly did not adopt his propositions …
Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott
Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott
Articles
Tracing the history of a family across three generations, from enslavement in eighteenth-century West Africa through emancipation during the Haitian Revolution and subsequent resettlement in New Orleans, then France, then Belgium, can shed light on phenomena that are Atlantic in scope. A business letter written in 1899 by the cigar merchant Edouard Tinchant to General Máximo Gómez in Cuba frames an inquiry that opens out onto a family itinerary that spanned the long nineteenth century. Rosalie Vincent’s achievement of freedom in the shadow of slavery in Saint-Domingue in 1793–1803 can be seen as linked to her grandson Edouard Tinchant’s participation …
Immigration And The Meaning Of United States Citizenship: Whiteness And Assimilation, George A. Martinez
Immigration And The Meaning Of United States Citizenship: Whiteness And Assimilation, George A. Martinez
Faculty Journal Articles and Book Chapters
At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands of deaths on the United States/Mexico border, vigilante activity, special immigration procedures enacted for the "War on Terror," and mass marches protesting draconian immigration reform in cities across the United States. Against this background, this essay seeks to explore what immigration and the various issues it raises have …
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.
Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss
Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss
Publications
This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …
Reflecting On The Dream Of The Marathon Man: Black Dean Longevity And Its Impact On Opportunity And Diversity, Leroy Pernell
Reflecting On The Dream Of The Marathon Man: Black Dean Longevity And Its Impact On Opportunity And Diversity, Leroy Pernell
Journal Publications
At the beginning of the 2005-2006 academic year there was, what many viewed, as a comparatively bounteous crop of African-American deans of ABA-approved law schools. However, several changes during that year caused the crop to diminish rapidly. At the time of this writing, there are eighteen deans of color at American Bar Association approved law schools within the United States. Of these, fifteen are African-American and two are Latino. Of this number, five African-American deans are deans of law schools associated with historically black universities. These comments address, not necessarily the absolute number of African-American or Latino deans at any …
Hurricane Katrina And Collective Identity: Seeing Through A "Her-Storical Lens", Deleso Alford Washington
Hurricane Katrina And Collective Identity: Seeing Through A "Her-Storical Lens", Deleso Alford Washington
Journal Publications
This paper will explore the black wombman's intersection of race, class, and sex during the early twentieth century, specifically as it relates to the pursuit of federal anti-lynching legislation. The central focus will be on the courageous efforts of black women to protect life by virtue of nommo, which means power of the spoken word.
The Sweet Trials: An Account, Douglas O. Linder
The Sweet Trials: An Account, Douglas O. Linder
Faculty Works
The automobile and manufacturing boom that began in Detroit about 1915 made the city a magnet for blacks fleeing the economic stagnation of the South. In the decade from 1915 to 1925, Detroit's black population grew more than tenfold, from 7,000 to 82,000. A severe housing shortage developed, as the city's compact black district could not accommodate all the new arrivals. Blacks brave enough to purchase or rent homes in previously all-white neighborhoods faced intimidation and violence. The spring and summer of 1925 saw several ugly housing-related incidents. It was in this violent summer of 1925 that a black doctor …
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 …
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 …
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 …
Antigona: A Voice Rebuking Power, Margaret E. Montoya
Antigona: A Voice Rebuking Power, Margaret E. Montoya
Faculty Scholarship
No abstract provided.
Friday Night Lite: How De-Racialization In The Motion Picture Friday Night Lights Disserves The Movement To Eradicate Racial Discrimination From American Sport, N. Jeremi Duru
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Michigan Journal of Race and Law
This Essay examines recent charges of political motivation against the Department of Justice and its enforcement of the Voting Rights Act. These accusations appear well-deserved, on the strength of the Department's recent handling of the Texas redistricting submission and Georgia's voting identification requirement. This Essay reaches two conclusions. First, it is clear that Congress wished to secure its understanding of the Act into the future through its preclearance requirement. Many critics of the voting rights bill worried about the degree of discretion that the legislation accorded the Attorney General. Supporters worried as well, for this degree of discretion might lead …
From Habermas To "Get Rich Or Die Tryin": Hip Hop, The Telecommunications Act Of 1996, And The Black Public Sphere, Akilah N. Folami
From Habermas To "Get Rich Or Die Tryin": Hip Hop, The Telecommunications Act Of 1996, And The Black Public Sphere, Akilah N. Folami
Michigan Journal of Race and Law
This Article explores the manner in which gangsta rappers, who are primarily young urban Black men, navigate the mass media and rap's commercialization of the gangsta image to continue to provide seeds of political expression and resistance to that image. While other scholars have considered the political nature of rap in the context of the First Amendment, this Article's approach is unique in that it is the first to explore such concepts through the lenses of Habermas' ideal public sphere and those of his critics. While many have written gangsta rap off as being commercially co-opted or useless given its …
Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da
Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da
Michigan Journal of Race and Law
Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding "Whiteness" as the filler in the middle as Whites manipulate the differing interests of both subordinated groups to align with White (the dominant group's) interests. Although Whites purport to champion the interests of one subordinate group over the other, in reality the racialization of Asian Americans and Blacks in our country is rooted in the preservation …
The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker
The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker
Michigan Journal of Race and Law
The Voting Rights Act of 1965 (VRA) is one of the most successful civil rights laws ever enacted. Following its passage, the promise of the Fifteenth Amendment has become a reality for millions of Americans. Black voters in the South register to vote without being subjected to discriminatory tests or devices. Minority citizens can cast ballots free of intimidation and violence. Barriers posed by English-only elections have been removed for many language minority voters. Voters are permitted to receive assistance from the person of their choice. Federal observers play an indispensable role in serving as the eyes and ears of …
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes
Articles, Book Chapters, & Popular Press
In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Articles
The following essay is excerpted from the prospectus for Perspectives on Genocide and Genocidal Violence in the Sudan, edited by Law School Assistant Professor Laura N. Beny, Sondra Hale of UCLA, and Lako Tongun of Claremont Colleges, California. The book is under advance contract for publication by the University of Michigan Press. Its 14 chapters, written by prominent historians, anthropologists, social scientists, political leaders, and others, “tell overlapping stories about the social constructions of race, gender, culture, and religious and political loyalties, each of which underlies the longstanding conflict” in Sudan, according to Beny, whose essay in the book is …
Congressional Power To Extend Preclearance: A Response To Professor Karlan, Ellen D. Katz
Congressional Power To Extend Preclearance: A Response To Professor Karlan, Ellen D. Katz
Articles
Is the core provision of the Voting Rights Act unconstitutional? Many people now think that the Act's preclearance requirement is invalid, but Professor Karlan is not among them. In part, that is because she is not convinced the problems that originally motivated Congress to impose preclearance have been fully remedied. Professor Karlan points out the many ways section 5 of the Voting Rights Act (VRA) shapes behavior in the jurisdictions subject to the statute--not just by blocking discriminatory electoral changes, but also by influencing less transparent conduct by various political actors operating in these regions. Do not be so sure, …
Mission Accomplished?, Ellen D. Katz
Mission Accomplished?, Ellen D. Katz
Articles
My study of voting rights violations nationwide suggests that voting problems are more prevalent in places “covered” by the Act than elsewhere. Professor Persily’s careful and measured defense of the renewed statute posits that this evidence is the best available to support reauthorization. The evidence matters because if, as critics charge, the regional provisions of the Voting Rights Act (VRA) are no longer needed, minority voters should confront fewer obstacles to political participation in places where additional federal safeguards protect minority interests than in places where these safeguards do not operate. In fact, minority voters confront more.
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
Faculty Scholarship
This article demonstrates that the effect of the post-9/l1 climate facing Muslim-Americans pervades even ordinary aspects of contemporary life. Part II of the article discusses the legal paradigm of when discrimination has legal implications and merits government action. Part III explores al-Qaeda's sophisticated use of the Internet and summarizes the government's post-9/l1 online surveillance efforts. Part IV discusses OUPOLL's survey results.