Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (8)
- University of North Florida (7)
- University of Pittsburgh School of Law (3)
- Florida A&M University College of Law (2)
- Selected Works (2)
-
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- American University Washington College of Law (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- New York Law School (1)
- Schulich School of Law, Dalhousie University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Connecticut (1)
- Keyword
-
- Race and law (6)
- Discrimination (5)
- Race (5)
- Rodney Lawrence (5)
- Rodney Lawrence Hurst (5)
-
- Sr. Papers; Hurst (5)
- Sr.; Hurst (5)
- Fla--History--20th Century; Jacksonville (4)
- History (4)
- Rodney L.; African Americans--Civil Rights--Florida--Jacksonville--History--20th century--Sources; Jacksonville (4)
- United States Supreme Court (4)
- Slavery (3)
- Batson v. Kentucky (2)
- Bias (2)
- Capital punishment (2)
- Civil rights (2)
- Cuba (2)
- Death penalty (2)
- Decision making (2)
- Discretion (2)
- Elections (2)
- Equal Protection Clause (2)
- Felon disenfranchisement (2)
- Gender (2)
- Hurst (2)
- Louisiana (2)
- Minorities (2)
- Race discrimination (2)
- Racial discrimination (2)
- Rodney L. -- Stamp collections; African Americans on postage stamps; United States Postal Service -- Commemorative stamps; USPS American Commemoratives; Postage stamps -- United States; United States Postal Service. Stamps Division -- Stamp collections; Obama (2)
- Publication
-
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (7)
- Michigan Journal of Race and Law (4)
- Articles (3)
- All Faculty Scholarship (2)
- Book Chapters (2)
-
- Faculty Scholarship (2)
- Journal Publications (2)
- Journal of Race, Gender, and Ethnicity (2)
- Michigan Law Review (2)
- Publications (2)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- David S. Bogen (1)
- Faculty Articles (1)
- Faculty Articles and Papers (1)
- Journal Articles (1)
- NYLS Law Review (1)
- Reports & Public Policy Documents (1)
- Robert E. Suggs (1)
- Publication Type
Articles 1 - 30 of 37
Full-Text Articles in Law and Race
Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges, John P. Bringewatt
Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges, John P. Bringewatt
Michigan Law Review
In March 2008, the Supreme Court decided Snyder v. Louisiana, the latest in the line of progeny of Batson v. Kentucky. This Note demonstrates that Snyder is part of a historical pattern of Supreme Court decisions concerning the use of peremptory challenges in which the Court has moved away from permitting the unfettered use of the peremptory challenge in favor of stronger Equal Protection considerations. Snyder alters the requirements for trial judges in deciding Batson challenges by requiring them to provide some explanation of their reasons for accepting a prosecutor's justification of a peremptory challenge. Snyder is the …
Rethinking Minority Business Development Strategies, Robert E. Suggs
Rethinking Minority Business Development Strategies, Robert E. Suggs
Robert E. Suggs
Minority business set-asides were created as a prophylactic measure to redress discrimination against minority owned business firms. Predominantly minority jurisdictions found them especially attractive because they promised to provide minority firms a share of the procurement dollars expended by these jurisdictions. The Croson decision invalidated Richmond’s ordinance and posed substantial barriers to further enactments. This article proposes an alternative to such set-aides. It argues that the proposed alternative, an Equal Opportunity Rating Agency (EORA), provides a superior business development policy tool and does not have the constitutional vulnerabilities of set-asides. An EORA would operate much like a credit rating agency, …
Certificate: Appreciation To Rodney Hurst From Durkeeville Historical Society
Certificate: Appreciation To Rodney Hurst From Durkeeville Historical Society
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Certificate of appreciation to Rodney Hurst for his valuable contributions to Durkeeville Historical Society Inc. June 27, 2009.
Felon Disenfranchisement: A Call For Legislative Reform, Timothy P. Gilligan
Felon Disenfranchisement: A Call For Legislative Reform, Timothy P. Gilligan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang
Felon Disenfranchisement As A Legitimate State Regulation, Boyoung Kang
Journal of Race, Gender, and Ethnicity
No abstract provided.
Program: Jacksonville Historic Preservation Commission Preservation Awards
Program: Jacksonville Historic Preservation Commission Preservation Awards
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Jacksonville Historical Preservation Commission awards held on May 1, 2009
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
David S. Bogen
No abstract provided.
Certificate Of Appreciation Presented To Rodney Hurst For Participation In The Enaable And Blue Cross Blue Shield Of Florida 2009 Black History Month Celebration
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A certificate presented to Rodney Hurst in appreciation for participation in the ENAABLE and Blue Cross Blue Shield of Florida 2009 Black History Month celebration. February 17, 2009
Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan
Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan
Michigan Law Review
Under section 2 of the Voting Rights Act, illegal vote dilution exists when an electoral standard, practice, or procedure results in a denial or abridgement of the right to vote on account of race or color Plaintiffs demonstrate vote dilution by introducing evidence regarding a variety of objective factors, including whether voting in the jurisdiction in question is polarized along racial lines. In 1993, the Fifth Circuit adopted a new standard for section 2 plaintiffs trying to prove racially polarized voting. The Fifth Circuit held that demonstrating a mere correlation between race and vote was insufficient to establish racially polarized …
Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority
Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Rechargeable SmartTrip Metro card issued to celebrate the inauguration of President Barak Obama, January 20, 2009. One day Metro pass "Celebrating the Inauguration of Barack Obama, 44th President of the United States"
Envelope, Inauguration Day, President Of The United States, Barack Obama
Envelope, Inauguration Day, President Of The United States, Barack Obama
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Envelope with image of Barak Obama, "Inauguration Day, President of the United States Barak Hussein Obama, Sponsored by the George Washington Masonic Stamp Club".
Red: Racism And The American Indian, Bethany Berger
Red: Racism And The American Indian, Bethany Berger
Faculty Articles and Papers
How does racism work in American Indian law and policy? Scholarship on the subject has too often assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of White-Black racism, such as uses of blood quantum, as evidence of racism, or has emphasized the lack of such hallmarks, such as prohibitions on interracial marriage, to argue that racism is not a significant factor. This Article surveys the different eras of Indian-White interaction to argue that racism has been important in those interactions, but has worked …
Reflections On Recommendation 12, Naiomi Metallic
Reflections On Recommendation 12, Naiomi Metallic
Reports & Public Policy Documents
This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts
Michigan Journal of Race and Law
Racial bias in election administration-more specifically, in the interaction between poll workers and voters at a polling place on election day-may be implicit, or unconscious. Indeed, the operation of a polling place may present an "optimal" setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where the letter of the law …
Critical Race Feminist Bioethics: Telling Stories In Law School And Medical School In Pursuit Of "Cultural Competency", Deleso Alford Washington
Critical Race Feminist Bioethics: Telling Stories In Law School And Medical School In Pursuit Of "Cultural Competency", Deleso Alford Washington
Journal Publications
This article examines how slavery and the concept of race intersect with gender to construct a distinct notion of science and technology that has been historically marginalized at best. The particular aspect of "science" that is explored is the development of the medical specialty of gynecology in the United States. The focal point of this article is to explore a means to address the impact of continuing to tell the narrative on the development of the medical specialty of gynecology in the United States without the benefit of a "herstorical" lens.
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Our book Critical Tax Theory: An Introduction (Cambridge University Press 2009) highlights and explains the major themes and methodologies of a group of scholars who challenge the traditional claim that tax law is neutral and unbiased. The contributors to this volume include pioneers in the field of critical tax theory, as well as key thinkers who have sustained and expanded the investigation into why the tax laws are the way they are and what impact tax laws have on historically disempowered groups. This volume will provide an accessible introduction to this new and growing body of scholarship. It will be …
Program: Florida Historical Society Annual Meeting
Program: Florida Historical Society Annual Meeting
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Florida Historical Society Annual Meeting at the Hampton Inn Airport. Pensacola, Fla. May 21-23, 2009
Certificate: To Rodney Hurst For Participation In Writer's Digest 16th Annual Self-Published Book Awards
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A certificate of Participation for "It was never about a hot dog and a Coke! in the Life Stories category. 2009
Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price
Michigan Journal of Race and Law
Research shows the mere presence of Blacks on capital juries-- on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully …
Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah
Michigan Journal of Race and Law
District prosecutors in the United States exercise virtually unfettered power and discretion to decide which murder cases to prosecute for capital punishment. According to neoclassical theory of formal legal rationality, the process for determining criminal punishment should be based upon legal rules established and sanctioned by the state to communicate the priorities of the political community. The theory therefore argues in favor of a determinate mode of decision-making that diminishes the importance of extrinsic elements such as race and gender in the application of law. In the empirical research herein reported, I test this theory using death eligible cases in …
Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont
Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont
NYLS Law Review
No abstract provided.
Human Rights Hero - President Barack Obama, Stephen Wermiel
Human Rights Hero - President Barack Obama, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Integration, Reconstructed, Olatunde C.A. Johnson
Integration, Reconstructed, Olatunde C.A. Johnson
Faculty Scholarship
This article examines Parents Involved for the light it sheds on integration's continuing relevance to educational and social equity. Part I examines the story of school integration in Jefferson County and shows how this largely successful metropolitan integration plan challenges claims of racial integration's futility. Part II puts forward the empirical evidence that plaintiffs in Parents Involved used in seeking to establish that school boards have a compelling interest in promoting racial integration and avoiding the harm of racially isolated schools. This part argues that the empirical case for racial integration, while not without limitations, moves beyond stigmatization, psychological harm, …
Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro
Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro
Faculty Scholarship
No abstract provided.
Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth
Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth
Publications
Existing accounts of early gay rights litigation largely focus on how the suppression and liberation of gay identity affected early activism. This Note helps complicate these dynamics, arguing that gay identity was not just suppressed and then liberated, but substantially transformed by activist efforts during this period, and that this transformation fundamentally affected the nature of gay activism. Gay organizers in the 1950s and 1960s moved from avoiding identity-based claims to analogizing gays to African-Americans. By transforming themselves in the image of a successful black civil rights minority, activists attempted to win over skeptical courts in a period when equal …
Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart
Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart
Publications
It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …
The Hangman's Noose And The Lynch Mob: Hate Speech And The Jena Six, Jeannine Bell
The Hangman's Noose And The Lynch Mob: Hate Speech And The Jena Six, Jeannine Bell
Articles by Maurer Faculty
Taking the hangman's noose hanging in Jena, Louisiana in 2006 as a starting point, this Article begins by placing the hanging of a noose in historical context. The Article then proceeds to explore contemporary manifestations of noose hanging in the workplace, in schools and other settings. The Article examines noose hangings that occurred around the country since the display in Jena to explore the social meaning of a noose. Also examined are media constructions of noose hanging and the perception that some Blacks targeted by noose hanging have had of these incidents. The article concludes with a victim based reasonable …
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
Journal Articles
The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.
From Domain Names To Video Games: The Rise Of The Internet In Presidential Politics, Jacqueline D. Lipton
From Domain Names To Video Games: The Rise Of The Internet In Presidential Politics, Jacqueline D. Lipton
Articles
Senator Barack Obama's historic victory in the 2008 election marks some important milestones - notably that this country is ready for its first African-American president. His win also underscores the importance of understanding today's Internet as a campaign tool. No longer is the Internet a one-way communications medium between candidate and electorate. It is now a powerful multi-directional networking tool. It can bridge physical and virtual spaces in a way never before possible, bringing previously latent social and political groups together. Senator Obama's campaign strategists understood and capitalized on the capabilities of what has recently become known as Web 2.0 …
On Race Theory And Norms, Christian Sundquist
On Race Theory And Norms, Christian Sundquist
Articles
This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.