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2008

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Articles 31 - 60 of 88

Full-Text Articles in Law and Race

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn Jan 2008

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.


No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp Jan 2008

No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.


Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu Jan 2008

Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu

Michigan Journal of Race and Law

In October 2006, Asian American student Jian D filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with Whites who challenge affirmative action and suggests that such policies are inherently discriminatory because they exclude students based on race and sacrifice merit. This Article argues that Li's exclusion is not due to affirmative action but is likely due to "negative action," the unfavorable treatment of Asian Americans relative to Whites. …


From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law Jan 2008

From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Transcript of the symposium held at the University of Michigan Law School on Saturday, February 9, 2008 in Hutchins Hall Room 100


Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum Jan 2008

Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum

Michigan Journal of Race and Law

Section 2 of the Voting Rights Act of 1965 invalidates voting qualifications that deny the right to vote on account of race or color. This Article confronts a split among the federal appellate courts concerning whether felons may rely on Section 2 when challenging felon disenfranchisement laws. The Ninth Circuit Court of Appeals allows felon disenfranchisement challenges under Section 2; however, the Second and Eleventh Circuits foresee unconstitutional consequences and thus do not. After discussing the background of voting rights jurisprudence, history of felon disenfranchisement laws, and evolution of Section 2, this Article identifies the points of contention among the …


Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene Jan 2008

Title Vii: What's Hair (And Other Race-Based Characteristics)G Ot To Do With It?, D. Wendy Greene

University of Colorado Law Review

Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex. Many Title VII cases have arisen when an applicant's or employee's non-conformity with an employer's policy barring certain hairstyles or clothing has resulted in an adverse employment action, such as a denial or termination of employment. Generally, courts have not deemed an adverse employment action resulting from an applicant's or employee's non-conformity with an employment policy banning the display of mutable characteristics commonly associated with a particular racial or ethnic group a violation of Title VIis proscription …


Exploring The Limits Of Executive Civil Rights Policymaking, Stephen Plass Jan 2008

Exploring The Limits Of Executive Civil Rights Policymaking, Stephen Plass

Oklahoma Law Review

No abstract provided.


Irony, Ángel Oquendo Jan 2008

Irony, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda Jan 2008

Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda

Journal Articles

Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.


Book Review, Angela Mae Kupenda Jan 2008

Book Review, Angela Mae Kupenda

Journal Articles

YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.


Policies To Expand Minority Entrepreneurship: Closing Comments, Michael S. Barr Jan 2008

Policies To Expand Minority Entrepreneurship: Closing Comments, Michael S. Barr

Book Chapters

This essay is based on comments delivered at the Conference on on Entrepreneurship in Low- and Moderate-Income Communities, November 3-4, 2005. This has been a productive conversation. In my closing comments, I want to shift our focus somewhat, from entrepreneurship in low-income communities to minority entrepreneurship generally. I want to do so because many minority entrepreneurs are connected to or hire from low-income communities, and because minority entrepreneurs face critical barriers even when they attempt to create and grow firms outside of distressed communities. In this comment, I want to highlight key barriers and suggest five steps for Congress, the …


Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones Jan 2008

Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones

Articles

No abstract provided.


What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua R. Larson Jan 2008

What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua R. Larson

School of Law Student Projects

In several recent homicide cases from Minneapolis, Minnesota, prosecutors have used a particular rhetorical device in closing argument that suggests to jurors that certain civilian witnesses from North Minneapolis live in a different world than the jurors do and that, therefore, the jurors must consider the witnesses’ unique cultural characteristics when weighing the witnesses’ credibility. Defense attorneys have decried these “different world” arguments, and the Minnesota Supreme Court has expressed concern that such arguments could violate a defendant’s right to a fair trial by insinuating that the defendant is from a different world and by introducing unnecessary racial or socioeconomic …


Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman Jan 2008

Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.


Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero Ii Jan 2008

Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero Ii

Scholarly Works

No abstract provided.


No Brown Towns: Anti-Immigrant Ordinances And Equality Of Educational Opportunity For Latina/Os, Tom I. Romero Ii Jan 2008

No Brown Towns: Anti-Immigrant Ordinances And Equality Of Educational Opportunity For Latina/Os, Tom I. Romero Ii

Scholarly Works

No abstract provided.


Surveillance And Identity Performance: Some Thoughts Inspired By Martin Luther King, Frank Rudy Cooper Jan 2008

Surveillance And Identity Performance: Some Thoughts Inspired By Martin Luther King, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Cooper explores self-actualization, the process whereby people create their own identity by means of experimenting with different behaviors, in the context of Martin Luther King, Jr. and the FBI surveillance he was subjected to in the time leading up to his death. He argues that it is possible for people to live in an environment that is more or less alienating to the way in which they perform their identities. Performativity scholars such as Devon Carbado and Mitu Gulati say that people can have an internal sense of self that is distinct from the identity …


Why Counting Votes Doesn't Add Up: A Response To Cox And Miles' Judging The Voting Rights Act, Ellen D. Katz, Anna Baldwin Jan 2008

Why Counting Votes Doesn't Add Up: A Response To Cox And Miles' Judging The Voting Rights Act, Ellen D. Katz, Anna Baldwin

Articles

In Judging the Voting Rights Act, Professors Adam B. Cox and Thomas J. Miles report that judges are more likely to find liability under section 2 of the Voting Rights Act (VRA) when they are African American, appointed by a Democratic president, or sit on an appellate panel with a judge who is African American or a Democratic appointee. Cox and Miles posit that their findings “contrast” and “cast doubt” on much of the “conventional wisdom” about the Voting Rights Act, by which they mean the core findings we reported in Documenting Discrimination in Voting: Judicial Findings Under Section 2 …


Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James Jan 2008

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

Articles

No abstract provided.


Non-Education In America: Gateway To Subsistence Living, Cheryl Page Jan 2008

Non-Education In America: Gateway To Subsistence Living, Cheryl Page

Journal Publications

Dropout rates are the proverbial canary-in-the-coal-mine. If ever there was a predictor of poverty, discrimination, abuse, neglect, inability to parent-in short the suffering of an entire generation-it is the lack of experience and education we are affording our minority students. This lack of education is invariably accompanied by lack of not only opportunity, but sustainability. We have a potential generation of students unable to make their way through life independent of government support. The worst crime in a capitalist society is to leave an entire group without the skill set to compete. Perhaps the biggest hurdle to objectively identifying schools …


Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu Jan 2008

Are Blue And Pink The New Brown? The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu

Faculty Scholarship

This Article examines segregation and affirmative action in a different context-that of gender. Title IX of the Education Amendments of 1972 ("Title IX") l° prohibits discrimination on the basis of gender in education programs or activities that receive federal financial assistance. The regulations implementing Title IX, however, explicitly permit recipients of federal funding to offer single-sex schools, classes, and extracurricular activities. The regulations also permit recipients to "take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex.” This Article discusses whether and to what extent the affirmative action provision …


The Latino Lawful Permanent Resident Removal Cases: A Case Study Of Nicaragua And A Call For Fairness And Responsibility In The Administration Of U.S. Immigration Law, Maritza I. Reyes Jan 2008

The Latino Lawful Permanent Resident Removal Cases: A Case Study Of Nicaragua And A Call For Fairness And Responsibility In The Administration Of U.S. Immigration Law, Maritza I. Reyes

Journal Publications

This Note aims to contribute to current dialogue by raising issues of fairness, responsibility, and human dignity that merit special consideration in any immigration reform proposal regarding the laws that apply to lawful permanent residents who have committed crimes. Part I analyzes the underlying motivation for the enactment of the immigration laws that were passed in 1996. Part II utilizes a case analysis of issues faced by deportees from Nicaragua to illustrate how the foreign policy of the United States affects the governments, economies, and migration trends of other countries. Parts III and IV borrow from the analysis in Part …


Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo Jan 2008

Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo

NYLS Law Review

No abstract provided.


Black, White, Brown, Green, And Fordice: The Flavor Of Higher Education In Louisiana And Mississippi, Alfreda A. Sellers Diamond Jan 2008

Black, White, Brown, Green, And Fordice: The Flavor Of Higher Education In Louisiana And Mississippi, Alfreda A. Sellers Diamond

UC Law Journal of Race and Economic Justice

Like many other states, Mississippi and Louisiana have struggled, and continue to struggle with the difficult problem of racial segregation in higher education. Through decades of litigation and negotiation, their higher education systems developed plans to equalize and unite the historically black and historically white institutions. The author's examination of Mississippi and Louisiana's strategies reveals that the states used several different approaches to achieve desegregation, but nevertheless their colleges and universities, like many aspects of society, remain largely racially distinct. The author concludes that many elements essential to effective desegregation were missing from the Mississippi and Louisiana plans. Hopefully, the …


Taking It To The Bank: Actualizing Health Care Equality For San Francisco's Transgender City And County Employees, J. Denise Diskin Jan 2008

Taking It To The Bank: Actualizing Health Care Equality For San Francisco's Transgender City And County Employees, J. Denise Diskin

UC Law Journal of Race and Economic Justice

This note tracks the decision of the San Francisco Board of Supervisors and the San Francisco Health Service System Board (HSSB) to provide transition related health care coverage to its transgender city and county employees. The author evaluates the intersection of gender identity, systemic racism, classism, and homophobia within the struggle of marginalized communities to overcome health inequities and discrimination that also often lead to chronic underemployment, lower paying jobs and insufficient medical benefits. The note uncovers the realities of access to legal rights and remedies in connection to medical care for the transgender community, whose vastly diverse needs and …


No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii Jan 2008

No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii

UC Law Journal of Race and Economic Justice

Professors Oluwole and Green consider how raceconscious implementation of the No Child Left Behind Act could affect the racial achievement gap in the United States. Their article addresses challenges states and school districts are confronted with in attempting to overcome racial achievement gaps while facing decreasing budgets and mandatory procedures. They evaluate the feasibility of race-conscious school funding in the context of the Act's purposes and past challenges to school financing schemes. Professors Oluwole and Green emphasize the necessity of raceconscious school funding, both as a social justice matter and a practical matter for the future of American education.


A Bulwark Against Anarchy: Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner Jan 2008

A Bulwark Against Anarchy: Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner

UC Law Journal of Race and Economic Justice

This article demonstrates that Pre-Start, Emory Law School's affirmative action program from 1966 to 1972, provides a useful case study for refraining the current debate around affirmative action in law school admissions. The author performs post-hoc strict scrutiny on Pre-Start, showing that it meets and exceeds the standard set in the leading affirmative action case, Grutter v. Bollinger. The historical context for Pre-Start demonstrates how similar the current arguments against affirmative action in law school admissions are to the arguments used against racial integration of public schools in the first half of the twentieth century. This analysis provides valuable historical …


Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs Jan 2008

Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs

UC Law Journal of Race and Economic Justice

Since 2003, the Oakland, California unit of Social Security's Cooperative Disability Investigations program has targeted certain Cambodian refugee applicants with Post-Traumatic Stress Disorder and Depression for fraud investigations. The practices of Social Security's anti-fraud program in Oakland reveal disturbing disadvantages to Cambodian refugee applicants in particular, including institutional prejudices in Social Security's rules and Cooperative Disability Investigative agents' gross insensitivity to claimants' impairments and cultural realities. This note examines these disadvantages under the legal norms of national origin discrimination, disability discrimination, and due process, and concludes with a policy proposal on how Social Security might better protect claimants' rights and …


The Legal Empowerment Of The Poor: Titling And Poverty Alleviation In Post-Apartheid South Africa, Karol C. Bourdreux Jan 2008

The Legal Empowerment Of The Poor: Titling And Poverty Alleviation In Post-Apartheid South Africa, Karol C. Bourdreux

UC Law Journal of Race and Economic Justice

The U.N. Development Program created the Commission on the Legal Empowerment of the Poor to explore the relationship between more formal property rights and reducing poverty. Additionally, some countries are adopting policies designed to strengthen the local property environment, such as titling real property. This article, based on fieldwork, examines the effects of property titling programs in Langa Township, South Africa. This article finds that formalization by way of titling does provide some benefits to titleholders. However, the findings also suggests that formalizing property rights in an institutional environment that has other systemic weaknesses will not transform dead capital into …


The Legal Status Of Hijab In The United States: A Look At The Sociopolitical Influences On The Legal Right To Wear The Muslim Headscarf, Aliah Abdo Jan 2008

The Legal Status Of Hijab In The United States: A Look At The Sociopolitical Influences On The Legal Right To Wear The Muslim Headscarf, Aliah Abdo

UC Law Journal of Race and Economic Justice

The First Amendment of the United States Constitution guarantees freedom of religion, however the current sociopolitical and legal climate has allowed for various restrictions on hijab, the headscarf worn by Muslim women. This note surveys recent restrictions and bans affecting the wearing of hijab in educational settings, employment, prison entry, state driver license photos, athletic competitions, airports, and in court, noting an alarming trend both internationally and domestically. The author suggests that the justifications associated with actions against hijab are merely pretextual and that these actions are often based on misconceptions and misunderstandings surrounding hijab, the Muslim community, and the …