Law and Race Commons^™

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

2014-2015 Course Development Grants For Uf Graduate Students, Anju K. Davidson

Center for the Study of Race & Race Relations: Lectures and Events

No abstract provided.

2014-2015 Course Development Grants For Uf Faculty, Anju K. Davidson

Center for the Study of Race & Race Relations: Lectures and Events

No abstract provided.

The Paradox Of Race-Conscious Labels, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

Labeling affirmative action laws with integrity is a hopelessly paradoxical pursuit. This article illustrates the consequences of such a pursuit. Section I traces the origins of the Top Ten Percent Law, which arose as a legislative protest to the Fifth Circuit's rejection of the use of race in admissions decisions. This section provides an in-depth understanding of the Top Ten Percent Law and concludes with a detailed analysis of the Fisher decision. Section II supplies an explanation of the majority's conclusion to treat the Top Ten Percent Law as race-neutral and provides detailed support for Justice Ginsburg's affirmation that the …

Racial Upside: Deconstructing The "Merits" Of Jeremy Lin's Nba Contract, Stewart Chang

Scholarly Works

In this Article, Professor Stewart Chang disputes the common misperception that sports are a colorblind meritocracy that should serve as a model for the rest of society. The capacity of players to break into and succeed in professional sports is believed to be based purely on merit, with no consideration of race. Controversies that surfaced around the rise of professional basketball player Jeremy Lin, an Asian American not expected to succeed in a sport dominated by blacks and whites, challenged this popularly-held notion. He argues, not in a derisive way, that Lin's ability to secure a lucrative $28.8 million contract, …

Dreams Of My Father, Prison For My Mother: The H-4 Nonimmigrant Visa Dilemma And The Need For An "Immigration-Status Spousal Support", Stewart Chang

Scholarly Works

In this article, Professor Stewart Chang uses the situation of H-4 visa derivatives in the Asian Indian immigrant community as a case study to expose and critique larger incongruities within current American immigration policy, which on the one hand has historically extolled individuality, equality, and workforce participation as avenues to the American Dream, while enforcing gender hierarchy and dependency through requirements that prioritize family unity on the other. These incongruities remain largely unnoticed because the culture of dependency is often attributed to traditional ethnic culture, which then becomes the site of scrutiny and blame. The H-4 visa dilemma in the …

Book Review: Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Sonia N. Lawrence

Articles & Book Chapters

This is a book review of Presumed Incompetent: The Intersections of Race and Class for Women in Academia Gabriella Gutierrez y Muhs, Yolanda Flores Niemann, Carmen G. Gonzalez, and Angela P. Harris, eds., Boulder, CO: Utah State University Press, 2012.

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. ...

Jailing Black Babies, James G. Dwyer

Utah Law Review

Children-in-prison programs reflect a commendable sympathy for the lifelong disadvantage and deprivation that most prison inmates have suffered and a wish to transform their lives. But acting primarily on the basis of that sympathy and wish, rather than focusing realistically on what is truly best for children, is a moral and policy mistake. Available evidence suggests that the extreme form of connecting incarcerated birth parents with their offspring, prison nurseries, harms the great majority of those children, especially when the impact is compared to the life the children might have had if adopted immediately after birth. Advocacy for this practice …

On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness As Property, Imani Jackson

Florida A & M University Law Review

Much maligned billionaire and former Clippers owner Donald Sterling ignited national race relations discourse after his companion, V. Stiviano, was connected to the leak of a conversation in which Sterling made anti-black comments. This author posits that Sterling's command that his companion Stiviano disassociate with people of color, particularly black people, is covertly and overtly racist. Covert racism is implicit in the nature of their conversation.

This paper will focus on Stiviano's identity and the violence white men inflicted upon her because of her race and the circumstances surrounding her relationship with Sterling. This author contends that Stiviano attempted to …

Review Of Encountering Revolution: Haiti And The Making Of The Early Republic By Ashli White, Jonathon J. Booth

Publications

No abstract provided.

Review Of To Render Invisible: Jim Crow And Public Life In New South Jacksonville By Robert Cassanello, Jonathon J. Booth

Publications

No abstract provided.

Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen

Publications

On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …

Health Care, Title Vi, And Racism's New Normal, Dayna Bowen Matthew

Publications

No abstract provided.

Constitutional Concern, Membership, And Race, Sarah Krakoff

Publications

American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies and the over-arching history of this country’s brand of settler-colonialism. One of the several legacies of this history is that federally recognized tribes have membership rules that diverge significantly from typical state or national citizenship criteria. These rules and their history are poorly understood by judges and members of the public, leading to misunderstandings about the “racial” status of tribes and Indian people, and on occasion to incoherent and damaging decisions on a range of Indian law issues. This article, which …

The Breach Of The Common Law Trust Relationship Between The United States And African Americans – A Substantive Right To Reparations, Ayesha Bell Hardaway

Faculty Publications

Domination and elaborate control of Africans in colonial America, and later the United States, were exerted to provide the requisite framework for the economically profitable Trans-Atlantic slave trade. Proponents of slavery characterized the aims of slavery in pseudo-paternalistic terms to “train” and “civilize[e] the untutored savage.” Even after the formal end of slavery, the U.S. and local governments continued to exercise its domination and elaborate control by enforcing a national system of racial segregation and discrimination. That system of government-sanctioned laws was so pervasive and commonly accepted that it has been personified as “Jim Crow.” As a result, racial hierarchy …

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes

Journal Publications

No abstract provided.

Opening Borders: African Americans And Latinos Through The Lens Of Immigration, Maritza I. Reyes

Journal Publications

African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in office, his executive policy of granting temporary protection to DREAMers solidified his lead among Latino voters in 2012. Both elections showed the power that minority groups can exert when they vote in support of the candidate. If the demographic changes continue as currently estimated, African Americans and Latinos will contribute in large …

Race And The Reference Librarian, Mary Whisner

Librarians' Articles

Ms. Whisner examines how race arises in the day-to-day work of law librarians, and discusses how law librarians can foster cultural competence and create more welcoming environments in diverse institutions.

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 …

The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler

University of Michigan Journal of Law Reform

How far does Justice Kennedy’s “moral and ethical obligation” to avoid racial isolation extend? Does the obligation flow primarily from Supreme Court case law, does it derive from an evolving consensus in the social sciences, or does it also have a statutory basis in Title VI and other federal law? In addition to its value as a justification for non-individualized, race-conscious remedial efforts by state and local governments, does the compelling interest identified in Parents Involved also suggest an affirmative duty on the part of the federal government? And if so, how far does this affirmative duty extend, and how …

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

Georgetown Law Faculty Publications and Other Works

The discourse in America about segregation is dishonest. On the surface, we pretend that the values of Brown v. Board of Education have been met, although most of us know in our hearts that the current system of public education betrays those values. In this essay, I reflect on how residual, defacto segregation and the stratified architecture of opportunity in our nation contribute to the achievement gap that has made race-based affirmative action necessary. Despite the Supreme Court's compromise decision in Fisher v. Texas, affirmative action is on life support. As this essay goes to print, the Supreme Court has …

Sentenced To Die In Prison: Life Without Parole As An Eighth Amendment Violation For All Juveniles And Especially Those Who Have Not Killed, Morgan S. Mcginnis

UC Law Journal of Race and Economic Justice

Over the last decade, the Supreme Court of the United States has delivered a series of rulings establishing that juvenile offenders are to have their criminal sentences considered differently from that of adults. Over this span of time, the Court established that it is unconstitutional to sentence a juvenile to the death penalty in any scenario, as well as to life without parole for non-homicide crimes. In the 2012 case of Miller v. Alabama, the Court extended this line of reasoning by declaring that even for juveniles who commit homicides, life without parole may not be imposed as part of …

Forced Evictions, Mass Displacement, And The Uncertain Promise Of Land And Property Restitution In Haiti, Greger B. Calhan

UC Law Journal of Race and Economic Justice

Haiti's devastating 2010 earthquake produced human suffering on an unimaginable scale. The disaster's aftermath-marked by widespread displacement, secondary occupation of land, and consequent forced evictions-raises critical questions of land ownership and housing rights. It also provided a testing ground for the body of restitutionary legal norms developed in the decades following the Cold War. Using the earthquake in Haiti as a lens, this article critically examines the development of the restitution model, from its inception in the Balkans conflicts of the 1990s to its current expression in the United Nation's Pinheiro Principles. While the Pinheiro Principles are positive in many …

No To Bratton: A Rejection Of Stop And Frisk, And A Call For Progressive Reform In Oakland, Robert S. Greer Jr.

UC Law Journal of Race and Economic Justice

On January 23, 2012, the City of Oakland voted to retain the services of William Bratton, former police chief of both New York and Los Angeles, as a consultant to the Oakland Police Department. Oakland Community members reacted with concern and resistance to the City's decision, largely due to Bratton's promotion of aggressive stop and frisk search techniques. This note provides an analysis of Bratton's appointment in light of the Oakland Police Department's egregious history of constitutional violations and misconduct charges. Additionally, this note explores the empirical and theoretical flaws underpinning aggressive stop and frisk policies, and demonstrates why adopting …

Lessons From Mt. Holly: Leading Scholars Demonstrate Need For Disparate Impact Standard To Combat Implicit Bias, Equal Justice Society, Wilson Sonsini Goodrich & Rosati

UC Law Journal of Race and Economic Justice

In 2013, the United States Supreme Court was set to hear oral arguments in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. However, weeks before the hearing, the parties settled. Despite the settlement, the arguments raised by plaintiffs and amici remain valuable. Mt. Holly represented the second time in two years that the Supreme Court granted certiorari to decide whether the Fair Housing Act of 1968 ("FHA") allows plaintiffs to bring claims challenging official housing decisions and policies that are not necessarily the result of intentional discrimination, but have a disproportionately harmful impact on minorities or other groups …

What Is Still Radical In The Antislavery Legal Practice Of Salmon P. Chase, Matthew A. Axtell

UC Law Journal of Race and Economic Justice

This Article is an in-depth study of the early commercial law career of Salmon P. Chase, U.S. Secretary of Treasury between 1861 and 1864 and President Abraham Lincoln's choice to replace Roger B. Taney (author of the Dred Scott opinion) as the Chief Justice of the U.S. Supreme Court. Occasionally portrayed in his latter political career as "the most radical" member of Lincoln's war cabinet, Chase's early law practice is best known for its defense of people of color seeking to escape slavery, at the time earning him the nickname as the "Attorney General for Fugitive Slaves." In recent years, …

Illegal Reentry And Denial Of Bail To Undocumented Defendants: Unjust Tools For Social Control Of Undocumented Latino Immigrants, Patrick Kirby Madden

UC Law Journal of Race and Economic Justice

Historical, structural, statistical, and constitutional context is elemental to a proper understanding of the true purpose and effect of a criminal statute and its execution. Illegal Reentry, 8 U.S.C. § 1326, may seem like a basic rule to deter potential criminals from entering the United States. A prosecutor's argument that a defendant must be detained prior to trial due to the possibility of Immigration and Customs Enforcement removing the defendant may seem like a logical argument. However, once these actions are viewed in the succession of events that constitutes the history of undocumented Latino immigrants in the United States, are …

How Mainstream Reformers Design Ambitious Reentry Programs Doomed To Fail And Destined To Reinforce Targeted Mass Incarceration And Social Control, Gerald P. Lopez

UC Law Journal of Race and Economic Justice

The most influential publication on how to design and implement comprehensive and effective reentry programs is the 2005 REPORT OF THE REENTRY POLICY COUNCIL, produced by the bipartisan Council of State Governments (CSG). Triggered by the disturbingly high price of the reigning criminal justice system, and aiming to reduce costs and enhance safety, the REPORT manages both to champion an ambitious approach and to doom its chances of success. Perhaps this effect can be described as predictable and even intentional, especially given the overlapping interests of the elected and appointed officials (and the staffers and collaborators) who comprise CSG. But …

The Real Id Act: Proposed Amendments For Credibility Determinations, Linda Lam

UC Law Journal of Race and Economic Justice

United States refugee law governs asylum applicants and therefore plays a critical role in shaping the American population. Asylum officers and immigration judges' credibility assessments often dictate whether asylum applications are granted. The REAL ID Act of 2005, a series of statutes passed by Congress to aid the fight against terrorism, changed the standard for rendering credibility determinations. It allows triers of fact-asylum officers and immigration judges-to base adverse credibility decisions on immateral inconsistencies in an asylum applicant's story. These minor inconsistencies often arise from cultural differences or trauma stemming from the applicant's past experiences. This note addresses the inherent …