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Full-Text Articles in Law and Race

Foreword: Racist Speech On Campus, Kingsley R. Browne Jan 1991

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

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Minority Law Teachers Conference, Beverly I. Moran Jan 1991

Minority Law Teachers Conference, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The 1990 Minority Law Teachers Conference was dedicated to expanding the number of minorities in law teaching. To this end, the volume addresses a wide variety of concerns for new and veteran teachers including: teaching, scholarship, service, diversity and recruitment. The volume remains one of the most comprehensive statements of minority law professors about their role in the academy.

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Of Love And Liberation: A Book Review Of Breaking Bread, Adrienne D. Davis Jan 1991

Of Love And Liberation: A Book Review Of Breaking Bread, Adrienne D. Davis

Scholarship@WashULaw

The label "Black intellectual" may be either oxymoronic or redundant, depending on the content one ascribes to the term and the historic context in which it is situated.

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The Maryland Context Of Dred Scott: The Decline In The Legal Status Of Maryland Free Blacks 1776-1810, David S. Bogen Jan 1990

The Maryland Context Of Dred Scott: The Decline In The Legal Status Of Maryland Free Blacks 1776-1810, David S. Bogen

Faculty Scholarship

No abstract provided.

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Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer Jan 1990

Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

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Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia Jan 1990

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

Articles

In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.

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Stargazing: The Alternative Minimum Tax For Individuals And Future Tax Reform, Beverly I. Moran Jan 1990

Stargazing: The Alternative Minimum Tax For Individuals And Future Tax Reform, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The article uses the provisions of the Alternative Minimum Tax in an attempt to predict the course of future tax reform.

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Redefining Race In Saint Francis College V. Al-Khazraji And Shaare Tefila Congregation V. Cobb: Using Dictionaries Instead Of The Thirteenth Amendment, Jennifer G. Redmond Jan 1989

Redefining Race In Saint Francis College V. Al-Khazraji And Shaare Tefila Congregation V. Cobb: Using Dictionaries Instead Of The Thirteenth Amendment, Jennifer G. Redmond

Vanderbilt Law Review

In 1987 the Supreme Court unanimously extended the protections of 42 U.S.C. sections 19811 and 19822 to ethnic groups, citing "Runyon v. McCrary. Runyon reinterpreted the legislative history of section 1981 to create a cause of action for blacks against both public and private discrimination in the making and enforcement of contracts. One year later a sharply divided Supreme Court ordered the parties in Patterson v. McLean Credit Union, a case in which the Court already had heard argument, to brief the Court anew and make arguments on an issue that none of the parties had raised--whether to overrule Runyonv. …

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Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi Jan 1987

Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi

Publications

No abstract provided.

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The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson Jan 1987

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.

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Anti-Professionalism, Stanley Fish Jan 1986

Anti-Professionalism, Stanley Fish

Cardozo Law Review

No abstract provided.

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Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy Jan 1985

Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy

Cardozo Law Review

No abstract provided.

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Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

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Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine Jan 1976

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

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Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow Jan 1975

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …

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Comment On Powell V. Mccormack, Terrance Sandalow Jan 1969

Comment On Powell V. Mccormack, Terrance Sandalow

Articles

The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …

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A Survey Of American Negro Slavery As Seen In Its Legal Aspects, Mona M. Webb Aug 1964

A Survey Of American Negro Slavery As Seen In Its Legal Aspects, Mona M. Webb

Graduate Student Research Papers

This paper presents a limited study of the legal basis for slavery in pre-civil war United States laws.

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