Law and Race Commons^™

Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, and racial identity share striking similarities to adverse possession law – these doctrines confer legal status on those who are merely acting as if they have that legal status. In each case, the elements of a legal claim are strikingly similar: physical proximity, notoriety and publicity, a claim of right, consistent and continuous behavior, and public acquiescence. The reason public performance is critical is that …

Integrating Spaces: New Perspectives On Race In The Property Curriculum, Alfred Brophy

Journal of Legal Education

No abstract provided.

Letter To The Editors, Girardeau A. Spann

Journal of Legal Education

No abstract provided.

Book Review, Juan R. Torruella

Journal of Legal Education

No abstract provided.

Book Review, Ángel R. Oquendo

Journal of Legal Education

No abstract provided.

Not Enough Of A Minority?: Arab Americans And The Language Assistance Provisions (Section 203) Of The Voting Rights Act, Brenda Fathy Abdelall

University of Michigan Journal of Law Reform

With the Voting Rights Act set to expire in 2007, debate has ensued regarding the protections it provides for minority groups. Section 203 of the Act protects language minorities, but under these protections, only four minority groups are afforded bilingual access to voting materials. This Note argues that the Act is imperative to the protection of minority voters, especially those belonging to a language minority group. This Note further argues that not only should the Voting Rights Act be renewed, but § 203 should be revised to include Arab Americans. The Note focuses on the Arab American community because it …

Fair Representation On Juries In The Eastern District Of Michigan: Analyzing Past Efforts And Recommending Future Action, Andrew J. Lievense

University of Michigan Journal of Law Reform

This Note builds on past recommendations to reform jury selection systems to make juries more representative of the community. Juries representing a fair cross section of the community are both a statutory and constitutional requirement, as well as a policy goal. How a judicial district designs and implements its jury selection system is important to meeting this requirement.

Part I of this Note analyzes the history and development of the representativeness interest on juries, explains how the United States District Court for the Eastern District of Michigan attempted to meet this interest in the 1980s and 1990s, and reports and …

It's All Right To Be Wrong, Sometimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?

Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei

University of Richmond Law Review

No abstract provided.

Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson

Michigan Law Review

In The Two-Income Trap, Harvard Law School Professor Elizabeth Warren and business consultant Amelia Warren Tyagi reach a startling conclusion: a two-income middle-class family faces greater financial risks today than a one-income family faced three decades ago. Middle-class families are caught in an "income trap" because they budget based on two incomes and face financial ruin if they lose an income or incur unexpected expenses. The authors suggest that most middle-class families cannot quickly adjust their budgets because their largest monthly expense is the fixed mortgage payment. The parents maintained that they had to allocate a significant portion of …

National Identity In A Multicultural Nation: The Challenge Of Immigration Law And Immigrants, Kevin R. Johnson, Bill Ong Hing

Michigan Law Review

Samuel Huntington's provocative new book Who Are We?: The Challenges to National Identity is rich with insights about the negative impacts of globalization and the burgeoning estrangement of people and businesses in the United States from a truly American identity. The daunting question posed by the title of the book is well worth asking. After commencing the new millennium with wars in Afghanistan and Iraq, U.S. military torture of Iraqi prisoners, indefinite detentions of U.S. citizens declared by the President to be "enemy combatants," and a massive domestic "war on terror" that has punished and frightened Arab, Muslim, and other …

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …

It's All Right To Be Wrong, Sometimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?

Issues Surrounding Initial Intervention, Martin Guggenheim

Cardozo Public Law, Policy & Ethics Journal

The article critiques the narrow focus of modern child welfare policy on rescuing children from abusive or neglectful families, arguing that this approach neglects the root causes of child welfare issues, particularly poverty. Using the metaphor of a stranger who refuses to merely rescue babies from a stream and instead seeks to address the source of the problem upstream, the article contends that child welfare policy must expand its scope to address systemic issues like poverty and inadequate social support for families. Current policy, the article argues, prioritizes adoption and foster care over preventing the conditions that lead to child …

Under-Intervention Versus Over-Intervention, Dorothy Roberts

Cardozo Public Law, Policy & Ethics Journal

The article argues that the racial disparity in the U.S. child welfare system, particularly the overrepresentation of Black and brown children, is not merely a result of societal conditions but is deeply rooted in systemic bias and policy choices. The child welfare system disproportionately targets poor, Black families, often removing children for reasons related to poverty rather than severe abuse or neglect. This disparity perpetuates harm to families and communities, contradicting principles of democracy and human rights. The article calls for a shift in focus from debating whether the causes of disparity are internal or external to addressing the systemic …

Teaching Civil Procedure Stories, Nancy S. Marder

Journal of Legal Education

No abstract provided.

Reflections On Diversity, William M. Tabb

Journal of Legal Education

No abstract provided.

A Dangerous Supplement, Daria Roithmayr

Journal of Legal Education

No abstract provided.

Law School Admissions After Grutter: Student Bodies, Pipeline Theory, And The River, Michael A. Olivas

Journal of Legal Education

No abstract provided.

Teaching Torts Stories, Leslie Bender

Journal of Legal Education

No abstract provided.

Affirmative Action And The Decline Of Intellectual Culture, Charles W. Collier

Journal of Legal Education

No abstract provided.

"I'D Like To Thank The Academy": Eminem, Duncan Kennedy, And The Limits Of Critique, Melissa E. Murray

Journal of Legal Education

No abstract provided.

Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell

Faculty Scholarship

Mitchell's study exemplifies the New Legal Realist goal of combining qualitative and quantitative empirical research to shed light on important legal and policy issues. He also demonstrates the utility of a ground-level contextual analysis that examines legal problems from the bottom up. The study tracks processes by which black rural landowners have gradually been dispossessed of more than 90% of the land held by their predecessors in 1910. Mitchell points out that despite the continuing practices that contribute to this problem, there has been very little research on the issue, and what little attention legal scholars have paid to it …

Race, Trust, Altruism, And Reciprocity, George W. Dent Jr.

University of Richmond Law Review

No abstract provided.

Oral History: Rodney Hurst. Interviewed By The University Of Florida, Kristin Dodek, Rodney Lawrence Hurst

Textual material from the Rodney Lawrence Hurst, Sr. Papers

An Oral history about Jacksonville's Civil Rights on 2/18/2005. Box 1, Folder 4.

Certificate: Appreciation To Rodney Hurst For 2nd Annual Black History Leader Luncheon

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of appreciation from Stanton College Preparatory school on the 2nd annual Black History Leader Luncheon, February 15, 2005

After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang

Faculty Articles and Other Publications

This Note argues that the majority in Ashcroft have left courts with an unadministerable standard-not so much for reasons that Justice Souter articulated in his dissent, but rather because the Court provided no guidance on navigating around the myriad of factors in the convoluted totality analyses. Part I examines two cases after Ashcroft which represent different degrees of racial vote dilution: Shirt v. Hazeltine and Session v. Perry. Through other post-Ashcroft cases, Part II teases out the differences (i) between influence districts as injury and remedy and (ii) between a jurisdiction's Section 5 and Section 2 obligations--details closely related …

Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page

Faculty Publications

No abstract provided.

Latinas In Legal Education- Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli

Faculty Scholarship

This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how …