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Articles 181 - 210 of 258
Full-Text Articles in Law and Race
College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim
College Admission And Affirmative Action- Consequences And Alternatives, Ihan Kim
Michigan Journal of Race and Law
A review of The Shape of the River: Long Term Consequences of Considering Race in College and University Admissions by Derek Bok & William Bowen
Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law
Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Statements on affirmative action followed by the Asian Pacific American Law Students Association Symposium.
Affirmative Action: Where Is It Coming From And Where Is It Going?, Denise Page Hood
Affirmative Action: Where Is It Coming From And Where Is It Going?, Denise Page Hood
Michigan Journal of Race and Law
A review of We Wont Go Back: Making the Case for Affirmative Action by Charles R. Lawrence III & Mari J. Matsuda
Listen, Matthew L.M. Fletcher
Listen, Matthew L.M. Fletcher
Michigan Journal of Race and Law
In a traditional law school setting, experiences of students of color, especially Native Americans, are often buried by the discourse of the dominant culture. This piece, a non-traditional work using elements of prose, lyric, monologue, and poetry, weaves strands of legal discourse, commentary, and autobiography into a critical narrative of the experience of legal education from an outsider law student's perspective. The author, a member of the Grand Traverse Band of Ottawa and Chippewa Indians, recounts these vignettes in a voice infused with the history and traditions of Native American oral storytelling.
Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe
Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe
Michigan Journal of Race and Law
A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
Faculty Journal Articles and Book Chapters
Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the African-American/Latino relationship. With this in mind, the author discusses two important questions posed by the organizers of this panel: (1) How is the relationship between African-Americans and Latinos affected by the construction of race? and (2) Can Critical Race Theory benefit by a consideration of the race …
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Michigan Journal of Race and Law
In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has …
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Michigan Journal of Race and Law
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
Who Is Black Enough For You? An Analysis Of Northwestern University Law School's Struggle Over Minority Faculty Hiring, Leonard M. Baynes
Who Is Black Enough For You? An Analysis Of Northwestern University Law School's Struggle Over Minority Faculty Hiring, Leonard M. Baynes
Michigan Journal of Race and Law
This Article considers the factors that should be used in hiring a person of color to a faculty position and raises the following questions: Apart from potential teaching ability and scholarly productivity, should faculty appointments committees look to other criteria for candidates of color? Provided that we can still consider the race and ethnicity of prospective candidates of color at private institutions, should faculty appointments committees be concerned about how closely identified a candidate is to an essentialized conception, for instance, of Black persons? Should a faculty hiring committee focus its efforts to hire African Americans on a Black person …
Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis
Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis
Michigan Law Review
A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America
Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.
Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.
Michigan Law Review
A Review of Linn Washington, Black Judges on Justice
Context And Legitimacy In Federal Indian Law, Philip P. Frickey
Context And Legitimacy In Federal Indian Law, Philip P. Frickey
Michigan Law Review
A Review of Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life
The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl
The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl
Michigan Law Review
A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice
Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor
Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor
Michigan Law Review
This Note argues that groups seeking to correct underrepresentation caused by the differential undercount do not have standing to sue the Secretary of Commerce but that they can sue their state governments in an effort to force them to use the best population data available in the construction of congressional districts. Part I details the deeply rooted character of the differential undercount, describes statistical means that could have been employed to adjust the 1990 census, and demonstrates that the adjusted count surpasses the official census as an accurate representation of the true population. Part II examines recent litigation that has …
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
"What's So Magic[Al] About Black Women?" Peremptory Challenges At The Intersection Of Race And Gender, Jean Montoya
Michigan Journal of Gender & Law
This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the excluded jurors and the defendant share the same race. Over the next ten years, the Court extended Batson's reach.
The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu
The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu
Michigan Journal of Race and Law
As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the Court analyzes Korematsu in depth, acknowledging that its own judgment had been mistaken in the internment cases, instead of simply citing the decisions as it formally had done until the very recent past. The Court nevertheless fails to appreciate the differences between Korematsu and Adarand, and in particular the consequences of using "strict scrutiny" for all racial classifications. This essay explores the complex relation-ship between Korematsu and Adarand, and offers a critique of the reasoning used in both cases. The essay …
Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand
Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand
Michigan Journal of Race and Law
This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Michigan Journal of Race and Law
Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.
Drawing The Line On Incumbency Protection, Sally Dworak-Fisher
Drawing The Line On Incumbency Protection, Sally Dworak-Fisher
Michigan Journal of Race and Law
In an effort to fill the void in scholarly debate and legal analysis, this Note evaluates incumbency protection as a redistricting principle and analyzes its treatment in various court opinions. After arguing that protecting incumbents is not a legitimate redistricting objective, this Note illustrates how the Supreme Court and lower federal courts have been reluctant to pass judgment on incumbency protection. This Note contrasts this "hands-off" approach to the strict scrutiny afforded claims of racial gerrymandering and argues that such an approach enables incumbents to manipulate the Voting Rights Act for their self-interest. Additionally, this Note argues that incumbents, a …
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Michigan Journal of Race and Law
Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …
Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms
Stepping Into The Projects: Lawmaking, Storytelling, And Practicing The Politics Of Identification, Lisa A. Crooms
Michigan Journal of Race and Law
In her article, "The Black Community," Its Lawbreakers, and a Politics of Identification, Professor Regina Austin proposes a paradigm to move the Black community beyond a "manifestation of a nostalgic longing for a time when blacks were clearly distinguishable from whites and concern about the welfare of the poor was more natural than our hairdos.” Austin's politics of identification provides the conceptual framework through which the Black community can reconstitute itself in accordance with its own principles, which may or may not be those embraced by the mainstream. This article considers Professor Regina Austin’s politics of identification as practiced by …
The Empitness Of Majority Rule, Luis Fuentes-Rohwer
The Empitness Of Majority Rule, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
In this Note, the author steers away from the current substantive debates surrounding the Voting Rights Act, its various amendments, and the "correct" way of interpreting its intended benefits and constitutionally accepted mandates. Instead, indirectly joins the many "radical" voices advocating for a departure from the majoritarian stranglehold-the decision-making process where fifty percent plus one of the voting population carry the election. The author does so not by suggesting yet another mechanism by which representatives may be elected, but by critiquing the perceived underpinnings of our democratic system of government. The author does not profess to delineate a definitive interpretation …
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Because I Am Black, Because I Am Woman: Remedying The Sexual Harassment Experience Of Black Women, Andrea L. Dennis
Scholarly Works
This Note examines the intersection of race and gender in the context of sexual harassment jurisprudence. Since the arrival in this country of the first female African slaves, Black women have experienced sexual harassment on the job. This Note discusses the failure of sexual harassment theory to acknowledge the unique sexual harassment experience of Black women. From the very earliest discussions of sexual harassment, the impact of the race of the victim on the experience and resulting legal claim was ignored. Feminist legal theorists, leaders in issues affecting women, have been slow to acknowledge and integrate the role of race …
True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen
True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen
Michigan Law Review
In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …
Democracy And Dis-Appointment, Lani Guinier
Democracy And Dis-Appointment, Lani Guinier
Michigan Law Review
A Review of The Tyranny of the Majority: Fundamental Fairness in Representative Democracy
Erasing Race From Legal Education, Judith G. Greenberg
Erasing Race From Legal Education, Judith G. Greenberg
University of Michigan Journal of Law Reform
In this Article, Professor Greenberg argues that law schools claim to treat African American students as if their race is irrelevant, yet law school curricula have a hidden message that African American students are in fact inferior and dangerous to white students. When African American students do not perform as well as white students, they are assumed to have deficient skills and are placed in remedial programs to improve those skills. Professor Greenberg argues that the cause of African American students' poor performance in law school is not necessarily deficient skills, but rather a bias inherent in the structure of …
The Michael Jackson Pill: Equality, Race, And Culture, Jerome Mccristal Culp Jr.
The Michael Jackson Pill: Equality, Race, And Culture, Jerome Mccristal Culp Jr.
Michigan Law Review
This chronicle is in tribute to the work of Derrick Bell, past, present, and future. I have borrowed his character Geneva Crenshaw as part of that tribute, and I hope she helps me raise some of the issues that he has taught us are important.
All characters in this chronicle are fictional, including Professor Culp and Professor Bell. Any relationship they may have to the real Professor Bell and Professor Culp is dictated by the requirements of creativity and the extent to which reality and fiction necessarily merge. I know that the real Derrick Bell is wiser than the one …
The Anticaste Principle, Cass R. Sunstein
The Anticaste Principle, Cass R. Sunstein
Michigan Law Review
In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Michigan Law Review
In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …