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Articles 4501 - 4530 of 6247

Full-Text Articles in Law and Race

Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority Jan 2009

Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Rechargeable SmartTrip Metro card issued to celebrate the inauguration of President Barak Obama, January 20, 2009. One day Metro pass "Celebrating the Inauguration of Barack Obama, 44th President of the United States"


Plenary Session – Teaching, Service And Scholarship: Overcoming Challenges, Realizing Opportunities, Brenda V. Smith, Danielle Holley-Walker, Kristin N. Johnson, Rose Cuison Villazor Jan 2009

Plenary Session – Teaching, Service And Scholarship: Overcoming Challenges, Realizing Opportunities, Brenda V. Smith, Danielle Holley-Walker, Kristin N. Johnson, Rose Cuison Villazor

Presentations

No abstract provided.


Madison In Post-9/11 Cyberspace: Applying Federalist No. 10 To The Online Battle For ‘Hearts And Minds’, Dawinder S. Sidhu Jan 2009

Madison In Post-9/11 Cyberspace: Applying Federalist No. 10 To The Online Battle For ‘Hearts And Minds’, Dawinder S. Sidhu

Faculty Scholarship

To be sure, there are at least a few problems with the approach of drawing upon the Framers for guidance with respect to the issues of the day. First, the Framers did not reach consensus on all matters. The famous rivalry between the Alexander Hamilton, a staunch nationalist from New York who favored a strong federal banking system and central government, and Jefferson, a republican from Virginia who preferred an agrarian lifestyle and trusted the people to do right by American society, perhaps best illustrates the fact that the Framers themselves were not in lockstep as to the makeup of …


Cujo Goes To College: On The Use Of Animals By Individuals With Disabilities In Postsecondary Institutions, Dawinder S. Sidhu Jan 2009

Cujo Goes To College: On The Use Of Animals By Individuals With Disabilities In Postsecondary Institutions, Dawinder S. Sidhu

Faculty Scholarship

This Article examines the extent to which animals may be used by individuals with disabilities in a particular setting-postsecondary institutions.


Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore Jan 2009

Warth Redux: The Making Of Warth V. Seldin, Brian G. Gilmore

UC Law Journal of Race and Economic Justice

This article examines the holding in the archetypal case onstanding, Warth v. Seldin, through the lens of racial and economic discrimination. In Warth, five sets of plaintiffs brought a claim challenging the city of Penfield's zoning ordinances that prevented the construction of low and moderate-income housing in the area. The plaintiffs included low income, African- American and Puerto Rican residents of a nearby city who sought low income housing options in Penfield, taxpayers in the neighboring city, and a non-profit organization dedicated to combating discrimination in housing. The U.S. Supreme Court held that none of the plaintiffs had standing to …


Human Rights Hero - President Barack Obama, Stephen Wermiel Jan 2009

Human Rights Hero - President Barack Obama, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri Jan 2009

Jim Crow Ethics And The Defense Of The Jena Six, Anthony V. Alfieri

Articles

This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil rights and criminal-justice strategies in cases of racially-motivated violence. To that end, this Article revisits the prosecution and defense of the Jena Six in the hope of uncovering the …


Way To Represent: The Role Of Black Lawyers In Contemporary American Democracy, Carla Pratt Jan 2009

Way To Represent: The Role Of Black Lawyers In Contemporary American Democracy, Carla Pratt

Faculty Articles

The legal profession has articulated a commitment to racial diversity. This essay attempts to articulate the unique contribution that black lawyers make to the legal profession and the role black lawyers play in strengthening our democracy.


Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah Jan 2009

Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah

Michigan Journal of Race and Law

District prosecutors in the United States exercise virtually unfettered power and discretion to decide which murder cases to prosecute for capital punishment. According to neoclassical theory of formal legal rationality, the process for determining criminal punishment should be based upon legal rules established and sanctioned by the state to communicate the priorities of the political community. The theory therefore argues in favor of a determinate mode of decision-making that diminishes the importance of extrinsic elements such as race and gender in the application of law. In the empirical research herein reported, I test this theory using death eligible cases in …


Teaching Whren To White Kids, M. K.B. Darmer Jan 2009

Teaching Whren To White Kids, M. K.B. Darmer

Michigan Journal of Race and Law

This Article addresses issues at the intersection of United States v. Whren and Grutter v. Bollinger at a time when the reality of racial profiling was recently illustrated by the high-profile arrest of a prominent Harvard professor. Given the highly racialized nature of criminal procedure, there is a surprising dearth of writing about the unique problems of teaching issues such as racial profiling in racially homogeneous classrooms. Because African American and other minority students often experience the criminal justice system in radically different ways than do Whites, the lack of minority voices poses a significant barrier to effectively teaching criminal …


Do Not (Re)Enter: The Rise Of Criminal Background Tenant Screening As A Violation Of The Fair Housing Act, Rebecca Oyama Jan 2009

Do Not (Re)Enter: The Rise Of Criminal Background Tenant Screening As A Violation Of The Fair Housing Act, Rebecca Oyama

Michigan Journal of Race and Law

Increased landlord discrimination against housing applicants with criminal histories has made locating housing in the private market more challenging than ever for individuals with criminal records. Specifically, the increased use of widely available background information in the application process by private housing providers and high error rates in criminal record databases pose particularly difficult obstacles to securing housing. Furthermore, criminal record screening policies disproportionately affect people of color due to high incarceration rates and housing discrimination. This Note examines whether the policies and practices of private housing providers that reject applicants because of their prior criminal records have an unlawful, …


Determining The (In)Determinable: Race In Brazil And The United States, D. Wendy Greene Jan 2009

Determining The (In)Determinable: Race In Brazil And The United States, D. Wendy Greene

Michigan Journal of Race and Law

In recent years, the Brazilian states of Rio de Janeiro, So Paulo, and Mato Grasso du Sol have implemented race-conscious affirmative action programs in higher education. These states established admissions quotas in public universities for Afro-Brazilians or afrodescendentes. As a result, determining who is "Black'' has become a complex yet important undertaking in Brazil. Scholars and the general public alike have claimed that the determination of Blackness in Brazil is different than in the United States; determining Blackness in the United States is allegedly a simpler task than in Brazil. In Brazil it is widely acknowledged that most Brazilians are …


Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts Jan 2009

Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts

Michigan Journal of Race and Law

Racial bias in election administration-more specifically, in the interaction between poll workers and voters at a polling place on election day-may be implicit, or unconscious. Indeed, the operation of a polling place may present an "optimal" setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where the letter of the law …


Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn Jan 2009

Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn

Faculty Scholarship

The article considers how and when, if at all, is it appropriate to use race in presenting forensic DNA evidence in a court of law? This relatively straightforward question has been wholly overlooked by legal scholars. By pursuing it, this article promises to transform fundamentally the presentation forensic DNA evidence. Currently, it is standard practice for prosecutors to use race in presenting the odds that a given defendant's DNA matches DNA found at a crime scene. This article takes an interdisciplinary approach to question the validity of this widespread but largely uninterrogated practice. It examines how race came to enter …


Red: Racism And The American Indian, Bethany Berger Jan 2009

Red: Racism And The American Indian, Bethany Berger

Faculty Articles and Papers

How does racism work in American Indian law and policy? Scholarship on the subject has too often assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of White-Black racism, such as uses of blood quantum, as evidence of racism, or has emphasized the lack of such hallmarks, such as prohibitions on interracial marriage, to argue that racism is not a significant factor. This Article surveys the different eras of Indian-White interaction to argue that racism has been important in those interactions, but has worked …


The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda Jan 2009

The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda

Journal Articles

The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.


On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh Jan 2009

On Account Of Race Or Color: Race As Corporation And The Original Understanding Of Race, Reginald Oh

Law Faculty Articles and Essays

Oh describes this essay as a critique of constitutional and political discourse on "race" and argues that current equal protection doctrine operates under a conception of race that undermines rather than moves forward the goal of achieving racial equality. That understanding defines race solely or primarily as a physical trait or characteristic, and unjustifiably rejects other, more robust notions of race. He argues that the notion of race as physical trait is inconsistent with the historical understanding of race that served as the basis for the Reconstruction Amendments. A careful examination of nineteenth and early twentieth century court decisions, decisions …


Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott Jan 2009

Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

Book Chapters

Sidney Mintz’s Worker in the Cane is a model life history, uncovering the subtlest of dynamics within plantation society by tracing the experiences of a single individual and his family. By contrast, Mintz’s Sweetness and Power gains its force from taking the entire Atlantic world as its scope, examining the marketing, meanings, and consumption of sugar as they changed over time. This essay borrows from each of these two strategies, looking at the history of a single peripatetic family across three long-lived generations, from enslavement in West Africa in the eighteenth century through emancipation during the Haitian Revolution in the …


Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King Jan 2009

Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King

Michigan Journal of International Law

In Part I, this Article provides a brief history of ICA. In Part II, using a post-colonialist theoretical framework, the work of legal scholars from the past twenty years on the subject of ICA is explored. This analysis exposes the centrality of MonoHumanism to our discourse on ICA. In Part III, this Article illustrates how our discourse regarding intercountry adoption contributes to our violating the rights of children (and families) as they are defined in the CRC. Lastly, in Part IV, this Article explores how this argument fits into the current and somewhat polarized debate on ICA and how the …


What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney Jan 2009

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Articles

No abstract provided.


Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro Jan 2009

Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro

Law Faculty Scholarship

No abstract provided.


Certificate: To Rodney Hurst For Participation In Writer's Digest 16th Annual Self-Published Book Awards Jan 2009

Certificate: To Rodney Hurst For Participation In Writer's Digest 16th Annual Self-Published Book Awards

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of Participation for "It was never about a hot dog and a Coke! in the Life Stories category. 2009


Program: Florida Historical Society Annual Meeting Jan 2009

Program: Florida Historical Society Annual Meeting

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Florida Historical Society Annual Meeting at the Hampton Inn Airport. Pensacola, Fla. May 21-23, 2009


Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused Jan 2009

Book Review Of Charles E. Connerly's “The Most Segregated City In America: City Planning And Civil Rights In Birmingham", Richard H. Chused

Other Publications

No abstract provided.


Pot As Pretext: Marijuana, Race And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan Jan 2009

Pot As Pretext: Marijuana, Race And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than ten years later. This rise has been a notable component of the City’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “Stop, Question, and Frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …


Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers Jan 2009

Starting Out: Changing Patterns Of First Jobs For Michigan Law School Graduates, Terry K. Adams, David L. Chambers

Articles

In the early 1950s, the typical graduate of Michigan Law began his career working as an associate in a law firm with four other lawyers and earned about $5,000 in his first year. Surprising to us today, in his new job he would have earned slightly less than other classmates whose first jobs were in government. Fifty years later, in the early 2000s, the typical graduate still started out as an associate in a law firm, but the firm she worked for had more than 400 lawyers. She earned about $114,000 in her first year, about three times as much …


'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth Jan 2009

'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth

Articles

In two frequently cited articles, Sommers and Ellsworth (2000, 2001) concluded that the influence of a defendant’s race on White mock jurors is more pronounced in interracial trials in which race remains a silent background issue than in trials involving racially charged incidents. Referring to this variable more generally as "race salience," we predicted that any aspect of a trial that leads White mock jurors to be concerned about racial bias should render the race of a defendant less influential. Though subsequent researchers have further explored this idea of "race salience," they have manipulated it in the same way as …


Racial Exhaustion, Darren L. Hutchinson Jan 2009

Racial Exhaustion, Darren L. Hutchinson

Faculty Articles

This Article proceeds in three principle parts. Part II explains the role of rhetoric and narratives in shaping commonly held societal beliefs and argues that racial exhaustion discourse functions as a social script that seeks to portray the United States as a post-racist society. Part II then summarizes the basic content of racial exhaustion rhetoric and identifies five common arguments that have endured across historical contexts, which depict race-based remedies as redundant, taxing, injurious to whites, special handouts to blacks, and futile because law cannot alter racial inequality. Next, Part II examines the political rhetoric employed by nineteenth-century Congressional opponents …


Social Movements And Judging: An Essay On Institutional Reform Litigation And Desegregation In Dallas, Texas, Darren L. Hutchinson Jan 2009

Social Movements And Judging: An Essay On Institutional Reform Litigation And Desegregation In Dallas, Texas, Darren L. Hutchinson

Faculty Articles

This Article discusses the political and legal barriers that have surfaced to undermine the ability of courts to fashion remedies that offer justice to aggrieved individuals and to render rights-based institutional reform liti­gation a judicial relic. Part II examines the historical development of in­stitutional reform litigation and examines the political factors that created the opportunity for dramatic changes in legal approaches to the issue of racial inequality. Part III examines litigation challenging segregation in Dallas public schools. It also discusses cases filed in the immediate post­-Brown era and contrasts those cases with Judge Sanders's rulings on the subject. In …


Race And Essentialism In Gloria Steinem, Frank Rudy Cooper Jan 2009

Race And Essentialism In Gloria Steinem, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper reflects on Angela Harris's essay Race and Essentialism in Feminist Legal Theory.. Harris is one of the foremost law professors in the country. She has co-written or coedited several important critical race theory and feminist theory casebooks as well as a casebook for a first-year course. This particular essay is one of the most cited critical race theory pieces ever, having been referred to in at least 796 articles. Professor Cooper joins a group of distinguished peers, describing the power Harris' work has on them now and when they were developing scholars.