Law and Race Commons^™

Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández

Journal of Race, Gender, and Ethnicity

No abstract provided.

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.

Preferential Judicial Activism, Sudha Setty

Journal of Race, Gender, and Ethnicity

No abstract provided.

Frederick Douglass On Shelby County, Olympia Duhart

Journal of Race, Gender, and Ethnicity

No abstract provided.

Post Oppression, Christian B. Sundquist

Journal of Race, Gender, and Ethnicity

No abstract provided.

Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan

Journal of Race, Gender, and Ethnicity

No abstract provided.

Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason

Journal of Race, Gender, and Ethnicity

No abstract provided.

Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy

Journal of Race, Gender, and Ethnicity

No abstract provided.

Setting Congress Up To Fail, Margaret B. Kwoka

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Voting Game, Sarah R. Robinson

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Second Reconstruction Is Over, Robert V. Ward Jr.

Journal of Race, Gender, and Ethnicity

No abstract provided.

Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer

Journal of Race, Gender, and Ethnicity

No abstract provided.

Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Past As Prologue: Shelby County V. Holder And The Risks Ahead, J. Corey Harris

Journal of Race, Gender, and Ethnicity

No abstract provided.

Jackals, Tall Ships, And The Endless Forest Of Lies: Foreword To Symposium On The Voting Rights Act In The Wake Of Shelby County V. Holder, Anthony Paul Farley

Journal of Race, Gender, and Ethnicity

No abstract provided.

Towards An Outcrit Pedagogy Of Anti-Subordination In The Classroom, Sheila I. Velez Martinez

Chicago-Kent Law Review

This Article discusses how traditional teaching practices can reinforce systemic discrimination, exclusion, subordination and oppression within the classroom in particular detriment to women and students of color. The Article traces the discussions about pedagogy in Outcrit literature and proposes that Outcrit scholars teaching techniques within the classroom should reflect anti-subordination praxis in teaching. Drawing from the work of Paulo Freire, Derrick Bell and others, the Article proposes that teaching from an anti-subordination perspective requires a praxis of collaborative, non-hierarchical teaching that calls for an epistemological shift. A pedagogy that frees the student to think independently and leads to an experience …

From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson

All Faculty Scholarship

The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace. Recent events in Ferguson, Missouri, have highlighted the tension between the officers on the beat and citizens on the street. These tensions are not likely to subside unless there are major structural changes in the way the police do their job and …

Enforcing The Fifteenth Amendment, Ellen D. Katz

Book Chapters

This chapter examines efforts to enforce the Fifteenth Amendment in the period from United States v. Reese through Shelby County v. Holder. Reese and Shelby County expose the most rigorous stance the Court has employed to review congressional efforts to enforce the Fifteenth Amendment, while the years in-between show Congress and the Court working more in tandem, at times displaying remarkable indifference to blatant violations of the Fifteenth Amendment, and elsewhere working cooperatively to help vindicate the Amendment’s promise. Defying simple explanation, this vacillation between cooperation and resistance captures the complex and deeply consequential way concerns about federal power, …

A Nation Of Widening Opportunities: The Civil Rights Act At 50, Ellen D. Katz, Samuel R. Bagenstos

Books

The Civil Rights Act of 1964 was an extraordinary achievement of law, politics, and human rights. On the fiftieth anniversary of the Act's passage, it is appropriate to reflect on the successes and failures of the civil rights project reflected in the statute, as well as on its future directions. This volume represents an attempt to assess the Civil Rights Act's legacy.

On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five decades since …

Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson

Law Faculty Publications

Over the past two decades, clients and other constituencies have pushed large law firms to pursue greater racial diversity in attorney hiring and retention. Although these firms have devoted extraordinary resources toward better recruiting and retaining attorneys of color, and despite a proliferation of “best practices” guides and diversity policy recommendations, these considerable efforts have yielded only modest gains. With respect to black attorneys in particular, the tide of racial progress in these firms has moved forward at a glacial pace, even ebbing and receding in recent years.

Although large law firms now hire significant numbers of black attorneys as …

The Quixotic Search For Race-Neutral Alternatives, Michael E. Rosman

University of Michigan Journal of Law Reform

The Supreme Court has stated that the narrow-tailoring inquiry of the Equal Protection Clause’s strict scrutiny analysis of racially disparate treatment by state actors requires courts to consider whether the defendant seriously considered race-neutral alternatives before adopting the race-conscious program at issue. This article briefly examines what that means in the context of race-conscious admissions programs at colleges and universities. Part I sets forth the basic concepts that the Supreme Court uses to analyze race-conscious decision-making by governmental actors and describes the role of “race-neutral alternatives” in that scheme. Part II examines the nature of “race-neutral alternatives” and identifies its …

Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin

University of Michigan Journal of Law Reform

Ultimately, I argue that one important response to the demise of race-based affirmative action should be to incorporate the experience of segregation into diversity strategies. A college applicant who has thrived despite exposure to poverty in his school or neighborhood deserves special consideration. Those blessed to come of age in poverty-free havens do not. I conclude that use of place, rather than race, in diversity programming will better approximate the structural disadvantages many children of color actually endure, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. While I propose substituting …

Dismissing Deterrence, Ellen D. Katz

Articles

The proposed Voting Rights Amendment Act of 20144 (VRAA)[...]’s new criteria defining when jurisdictions become subject to preclearance are acutely responsive to the concerns articulated in Shelby County[ v. Holder]. The result is a preclearance regime that, if enacted, would operate in fewer places and demand less from those it regulates. This new regime, however, would not only be more targeted and less powerful, but, curiously, more vulnerable to challenge. In fact, the regime would be more vulnerable precisely because it is so responsive to Shelby County. Some background will help us see why.

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

University of Michigan Journal of Law Reform

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …

Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow

Law Faculty Publications

I had the honor of hearing Judge Joseph Greenaway give the keynote address at Columbia University's Black Law Students Association's Paul Robeson Gala in 2010. He gave a stirring speech, which has since been published in the Columbia Journal of Race and Law, entitled Have We Crossed the Bridge Yet? The title and theme of His Honor's speech is a reference to David Remnick's The Bridge: The Life and Rise of Barack Obama, which, in turn, invokes the metaphor of the bridge as a representation of the African-American struggle toward equality. ...

Thinking Hard About 'Race-Neutral' Admissions, Richard H. Sander, Aaron Danielson

University of Michigan Journal of Law Reform

Our exploration is organized as follows. In Part I, we sympathetically consider the very difficult dilemmas facing higher education leaders. Understanding the often irreconcilable pressures that constrain university administrators is essential if we are to envision the plausible policies they might undertake. In Part II, we draw on a range of data to illustrate some of the “properties” of admissions systems and, in particular, the ways in which race, SES, and academic preparation interact dynamically both within individual schools and across the educational spectrum. Partly because the questions we examine here have been so little studied, ideal data does not …

Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos

Articles

After the Supreme Court’s decision in Shelby County v. Holder, voting rights activists proposed a variety of legislative responses. Some proposals sought to move beyond measures that targeted voting discrimination based on race or ethnicity. They instead sought to eliminate certain problematic practices that place too great a burden on voting generally. Responses like these are universalist, because rather than seeking to protect any particular group against discrimination, they formally provide uniform protections to everyone. As Bruce Ackerman shows, voting rights activists confronted a similar set of questions—and at least some of them opted for a universalist approach—during the campaign …

The Unrelenting Libertarian Challenge To Public Accommodations Law, Samuel R. Bagenstos

Articles

There seems to be a broad consensus that Title II of the Civil Rights Act of 1964, which prohibits race discrimination in “place[s] of public accommodation,” was a remarkable success. But the consensus is illusory. Laws prohibiting discrimination by public accommodations currently exist under a significant legal threat. And this threat is merely the latest iteration in the controversy over public accommodations laws that began as early as Reconstruction. This Article begins by discussing the controversy in the Reconstruction and Civil Rights Eras over the penetration of antidiscrimination principles into the realm of private businesses’ choice of customers. Although the …

Probabilities, Perceptions, Consequences And "Discrimination": One Puzzle About Controversial "Stop And Frisk", Kent Greenawalt

Faculty Scholarship

A troubling aspect of the practice of "stop and frisk" in New York and other cities is the evidence that this police tactic is employed predominantly against young men in racial minorities. On August 12, 2013, the federal district court ruled in Floyd v. City of New York that New York's practices and policies regarding stop and frisk violated the Equal Protection Clause of the Fourteenth Amendment and its Due Process Clause, which makes the Fourth Amendment ban on "unreasonable searches and seizures" applicable against the states. Judge Shira A. Scheindlin found that a number of specific stops and subsequent …

Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, "Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning," which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to an article written by Professor Harvey Gilmore which focuses mostly on the SAT and the LSAT.