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Law and Race Commons™

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2010

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Institution
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Articles 61 - 90 of 115

Full-Text Articles in Law and Race

Forced Sale Risk: Class, Race, And The "Double Discount", Thomas W. Mitchell, Stephen Malpezzi, Richard K. Green Jan 2010

Forced Sale Risk: Class, Race, And The "Double Discount", Thomas W. Mitchell, Stephen Malpezzi, Richard K. Green

Faculty Scholarship

What impact does a forced sale have upon a property owner's wealth? And do certain characteristics of a property owner such as whether they are rich or poor or whether they are black or white, tend to affect the price yielded at a forced sale? This Article addresses arguments made by some courts and legal scholars who have claimed that certain types of forced sales result in wealth maximizing, economic efficiencies. The Article addresses such economic arguments by returning to first principles and reviewing the distinction between sales conducted under fair market value conditions and sales conducted under forced sale …


Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin Jan 2010

Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin

Journal Publications

Some folks are good. But man is evil. He is driven by impulses, avarice, reason, scholarship, and barbarism. Ghana's history affirms some of the social and philosophical claims about man and evil. A scholarly narrative about American economic life, trenched in Ghana like an overlay, will unveil bits about big businesses, small businesses, and doing business in Ghana.


The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant Jan 2010

The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant

Journal Publications

No abstract provided.


Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer Jan 2010

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.


Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim Jan 2010

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.


African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown Jan 2010

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown

NYLS Law Review

No abstract provided.


The Personal, The Political, And Race, Jeannine Bell Jan 2010

The Personal, The Political, And Race, Jeannine Bell

Articles by Maurer Faculty

This essay is a response to Richard Lempert’s Law & Society Association Presidential Address.


A Deadly Response: Unconscious Racism And California's Provocative Act Doctrine, Katherine N. Hallinan Jan 2010

A Deadly Response: Unconscious Racism And California's Provocative Act Doctrine, Katherine N. Hallinan

UC Law Journal of Race and Economic Justice

In rural Northern California, two young black men are shot multiple times from behind. Their friend, who is also black, is charged with their murders, while the gunman, who is white, walks free. During an alleged gang brawl between teenagers, a young Latino man is stabbed and killed. His friends, and not the actual perpetrator, are charged and convicted of the crime. The defendants are Latino, the gunman is white. California's little-known provocative act doctrine, which holds felons liable for killings that are provoked by a felon's provocative act, is the vehicle prosecutors used to charge each of these young …


Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt Jan 2010

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

UC Law Journal of Race and Economic Justice

No abstract provided.


Changing The Topography Of Sentencing, Kate E. Bloch Jan 2010

Changing The Topography Of Sentencing, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.


An Overview Of Special Populations In California Prisons, Eumi K. Lee Jan 2010

An Overview Of Special Populations In California Prisons, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.


The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee Jan 2010

The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.


Litigation Over Prison Medical Services, Aaron Rappaport Jan 2010

Litigation Over Prison Medical Services, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.


Sentencing Reform In California, Aaron Rappaport Jan 2010

Sentencing Reform In California, Aaron Rappaport

UC Law Journal of Race and Economic Justice

No abstract provided.


Decent Work, Human Rights, And The Millennium Development Goals, Gillian Macnaughton, Diane F. Frey Jan 2010

Decent Work, Human Rights, And The Millennium Development Goals, Gillian Macnaughton, Diane F. Frey

UC Law Journal of Race and Economic Justice

The Millennium Development Goals ("MDGs") have provided the global framework for international development and poverty elimination policy for almost a decade. This framework includes time-bound targets and indicators to monitor progress toward the Goals. Initially, full employment and decent work for all was not part of the MDG framework. In 2007, however, the UN General Assembly approved four new MDG targets, including the achievement of "full and productive employment and decent work for all." This article discusses this new MDG target and its indicators from social justice and human rights perspectives. It argues that uniting the overlapping agendas of the …


Can These Bones Live - A Look At The Impacts Of The War On Drugs On Poor African-American Children And Families, Nekima Levy-Pounds Jan 2010

Can These Bones Live - A Look At The Impacts Of The War On Drugs On Poor African-American Children And Families, Nekima Levy-Pounds

UC Law Journal of Race and Economic Justice

The war on drugs has resulted in sharp increases in prison sentences for many drug-related crimes. Due to the structure of the federal sentencing guidelines and the disparity in sentences relating to power cocaine and crack, the primary burden of these increased sentences has disproportionately affected poor African Americans. The war on drugs legislation has also had a marked impact on another population - the families and children of the incarcerated. This article discusses the rationales behind the war on drugs legislation, addressing both the initial enactments and subsequent statutes and cases that have changed the landscape of drug-related sentencing. …


Harming Vulnerable Children: The Injustice Of California's Kinship Foster Care Policy, Meredith L. Alexander Jan 2010

Harming Vulnerable Children: The Injustice Of California's Kinship Foster Care Policy, Meredith L. Alexander

UC Law Journal of Race and Economic Justice

California denies state foster care benefits to nonfederally eligible foster children when they are placed with relative caregivers (a placement known as "kinship foster care"). This note explores the unique benefits and needs of kinship foster care, and analyzes the current legal framework regarding kinship foster care, including the justifications for California's policy. The author argues that this California policy fails to embrace the unique benefits and needs of kinship foster care. Furthermore, the policy is contradictory to the state mandated placement priority with relatives. By not properly supporting kinship foster care, California is harming the state's most vulnerable children …


Beyond The Squabble: Putting The Tenderloin Community Justice Center In Context, Michael Cobden, Ron Albers Jan 2010

Beyond The Squabble: Putting The Tenderloin Community Justice Center In Context, Michael Cobden, Ron Albers

UC Law Journal of Race and Economic Justice

The Tenderloin Community Justice Center ("CJC") began operation in May 2009 amid a tense political and economic climate. Although it employs an innovative approach to alleviating crime, the CJC is not a novel concept, but rather modeled after successful community courts already in existence. As a product of community efforts, the CJC aims to address the shortcomings of the traditional court system, which has been ineffective in reducing crime and recidivism rates, by offering alternatives to incarceration. By coordinating service providers intimately with the court, the CJC provides a centralized system that allows it to comprehensively examine an offender's problems …


Interrogation Is Not Ethnography: The Irrational Admission Of Gang Cops As Experts In The Field Of Sociology, Christopher Mcginnis, Sarah Eisenhart Jan 2010

Interrogation Is Not Ethnography: The Irrational Admission Of Gang Cops As Experts In The Field Of Sociology, Christopher Mcginnis, Sarah Eisenhart

UC Law Journal of Race and Economic Justice

Courts regularly qualify police officers as "gang experts" in prosecutions under California's Street Terrorism Enforcement and Prevention Act. This note argues that absent independent, scientifically-verifiable expertise, the use of police officers as gang experts violates even California courts' low standard for admitting expert evidence. The note begins by analyzing the language and the legislative intent of the Act, including its substantive offense components, sentence enhancement and alternative penalty sections. The note next discusses the evidentiary power of police officers when testifying as gang experts, focusing on the substantial risk of prejudice resulting from such testimony and the officers' ability to …


Reconceptualizing Restorative Justice, Kate E. Bloch Jan 2010

Reconceptualizing Restorative Justice, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.


We've Been Waiting A Long Time - The Struggle To Pass The Filipino Veterans Equity Act And A Bittersweet Ending To A Sixty-Three-Year Battle, Paul Daniel Rivera Jan 2010

We've Been Waiting A Long Time - The Struggle To Pass The Filipino Veterans Equity Act And A Bittersweet Ending To A Sixty-Three-Year Battle, Paul Daniel Rivera

UC Law Journal of Race and Economic Justice

On February 17, 2009, President Barack Obama signed into effect the American Recovery and Reinvestment Act of 2009. Buried amidst the hundreds of pages and the billions of dollars given out by the bill was Title X, Section 1002, a diminutive two pages of text authorizing the federal government to give "Payments to Eligible Persons Who Served in the United States Armed Forces in the Far East During World War II." However, Section 1002 was neither designed nor included to create jobs or stimulate the economy. In reality, Section 1002 was included to authorize a long-deserved $198 million payout to …


Thank-You Card: To Rodney Hurst From University Of North Florida Continuing Education. Jan 2010

Thank-You Card: To Rodney Hurst From University Of North Florida Continuing Education.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

No abstract provided.


A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann Jan 2010

A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann

Articles & Chapters

This essay responds to Martin Chanock's argument that race tainted the entire enterprise of South African judging. It seeks to understand how that could have been so, and looks to such driving forces as whites' guilt, denial, identity-building, self-protection, and legitimation for explanations. Then it asks whether an institution so tainted should now be altogether abandoned as part of the rebuilding of post-apartheid South Africa. The essay answers that much should be changed, but that the existence of a judiciary laying claim to a special expertise and responsibility in interpreting law and protecting rights a key heritage of the old …


Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri Jan 2010

Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


To Be Muslim Or "Muslim-Looking" In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century, Sheryll Cashin Jan 2010

To Be Muslim Or "Muslim-Looking" In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This Essay begins with a confession. In taking implicit association tests ("IATs") designed to measure my unconscious attitude toward two particular demographic groups, I discovered that I, an African-American, harbored a "slight automatic preference" for Europeans over blacks and for "other people" over "Arab-Muslims." Both of these results were contrary to my professed or conscious assertions of neutrality. Why would a pro-integration scholar who seeks to promote cross-racial understanding and inclusion exhibit such implicit biases? And why is it that a majority of others who take these tests register similar implicit biases? The point of my confession is to underscore …


Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri Jan 2010

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.


Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa Jan 2010

Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders Jan 2010

Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many legislators and city council members state that the purpose of the anti-immigrant laws is to restrict illegal immigration where the federal government has failed to do so, opponents claim that the laws are passed to enable discrimination and exclusion of all Latinos, regardless of their immigration status. …


Arizona's Notice Of Claim Statute: Guidance On Clearing This Procedural Hurdle And Suggestions For Its Improvement, Dawinder S. Sidhu Jan 2010

Arizona's Notice Of Claim Statute: Guidance On Clearing This Procedural Hurdle And Suggestions For Its Improvement, Dawinder S. Sidhu

Faculty Scholarship

The Arizona Constitution empowers the legislature to establish rules for how and under what circumstances the State may be sued. Pursuant to this constitutional authority, the Arizona State Legislature enacted Arizona Revised Statutes Section 12-821.01, which requires those with claims against an Arizona public entity or employee to file notice of the claims prior to the initiation of legal action. This procedural prerequisite to initiate a suit may be prudent as a matter of public policy. In practice, however, the state courts have been unable to issue reliable decisions with respect to the statute’s requirements. The state courts’ evolving understanding …


The Future Of The United States Commission On Civil Rights, Dawinder S. Sidhu Jan 2010

The Future Of The United States Commission On Civil Rights, Dawinder S. Sidhu

Faculty Scholarship

In The Future of the U.S. Commission on Civil Rights, Professors Lisa Crooms and Dawinder Sidhu discuss the potential for expanding the mandate of the Commission. Professor Crooms opens by noting that suggestions to expand the Commission’s mandate to include human rights have been around for decades, and argues that such ideas are still worth adopting. She comments that the Commission would have to engage in extensive fact-finding in order to justify such an expansion. Professor Crooms raises further concerns over manipulation of the appointment process for commissioners, but that such manipulation has not necessarily jeopardized the Commission’s role. Indeed, …