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Articles 5281 - 5310 of 6243

Full-Text Articles in Law and Race

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez Jan 2001

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez

Faculty Scholarship

I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …

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Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya Jan 2001

Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya

Faculty Scholarship

The fifth annual Latina/o critical legal theory ("LatCrit") conference was held on May 4-7, 2000 in Breckenridge, Colorado. The mountain resorts of Colorado present an almost metaphorical location for a critical theory meeting. The majesty and apparent harmony of the natural environment contrast so vividly with the cotidian conflicts in the human environment, and the elites exhibit a banal oblivion to the vicious racial and class-based violence that provide the grist for critical theorists. These resort locations dedicated to a lifestyle of money, recreation and pampering and infused with the invisible oxygen of privilege offer a space for theoretical work …

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The Evolving Right Of Self-Determination Of Indigenous Peoples, Paul J. Magnarella Jan 2001

The Evolving Right Of Self-Determination Of Indigenous Peoples, Paul J. Magnarella

St. Thomas Law Review

The destruction of indigenous societies represents a major threat to the contemporary world's rich inventory of cultures. Throughout the centuries, indigenous peoples have been forcibly removed from their lands, dispossessed of their natural resources, discriminated against or simply decimated.! Most of the world's estimated 300 million indigenous peoples are less well off than are members of the dominant societies. Many live in extreme poverty. Indigenous peoples wish to maintain their own unique cultures and ethnic identities and to control their traditional lands of occupation or at least some portions of them. Indigenous peoples need protected enclaves if they are to …

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Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, 35 J. Marshall L. Rev. 75 (2001), Frances Howell Rudko Jan 2001

Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, 35 J. Marshall L. Rev. 75 (2001), Frances Howell Rudko

UIC Law Review

No abstract provided.

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Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla Jan 2001

Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla

Faculty Scholarship

Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.

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From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle Jan 2001

From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Race Prosecutors, Race Defenders, Anthony V. Alfieri Jan 2001

Race Prosecutors, Race Defenders, Anthony V. Alfieri

Articles

No abstract provided.

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Teaching The Law Of Race (Book Review), Anthony V. Alfieri Jan 2001

Teaching The Law Of Race (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

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Punishing Thought: A Narrative Deconstructing The Interpretive Dance Of Hate Crime Legislation, 35 J. Marshall L. Rev. 123 (2001), Anne B. Ryan Jan 2001

Punishing Thought: A Narrative Deconstructing The Interpretive Dance Of Hate Crime Legislation, 35 J. Marshall L. Rev. 123 (2001), Anne B. Ryan

UIC Law Review

No abstract provided.

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Forgive U.S. Our Debts? Righting The Wrongs Of Slavery, 89 Geo. L.J. 2531 (2001), Kevin Hopkins Jan 2001

Forgive U.S. Our Debts? Righting The Wrongs Of Slavery, 89 Geo. L.J. 2531 (2001), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

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"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla Jan 2001

"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla

Faculty Scholarship

This article will describe internalized oppression and racism and expose the harms they cause. It will also dissect the reasons we engage in internalized oppression and racism and explain that once the reasons are exposed, it will be easier to engage in a conscious effort to reduce and ultimately eradicate internalized oppression and racism. Part II of this article defines internalized oppression and internalized racism and elaborates on ways that they are generally expressed in the Latino community. Part III explains how Latinos' internalized racism is reflected in some areas of the law by detailing both Latinos' support for a …

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Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson Jan 2001

Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson

Michigan Journal of Race and Law

This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed the Human Rights Campaign's endorsement of United States Senator Alfonse D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by …

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"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang Jan 2001

"Suitable Targets"? Parallels And Connections Between "Hate" Crimes And "Driving While Black", Lu-In Wang

Michigan Journal of Race and Law

This Essay seeks to show that there is less to some of these apparent differences than meets the eye. While hate crimes may tend to be less routine and more violent than discriminatory traffic stops, closer examination of each shows the need to complicate our understanding of both. The work of social scientists who have studied bias-motivated violence and of legal scholars who have studied racial profiling- prominent among them my fellow panelist, Professor David A. Harris- reveals striking similarities and connections between the two practices. In particular, both hate crimes and racial profiling tend to be condemned only at …

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Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon Jan 2001

Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon

Michigan Journal of Race and Law

This article proposes that direct or indirect references to the protected classes of race and/or gender should always be subject to the Chapman v. California "harmless beyond a reasonable doubt" standard. Once the defendant has shown appeals to racial or gender bias in prosecutorial argument or other conduct during his trial, the burden must shift to the prosecution to show at an immediate hearing outside the presence of the jury, beyond a reasonable doubt, that this impermissible appeal to bias did not affect the fairness of the defendant's trial. Furthermore, courts must take the examination of the prosecution's proof seriously, …

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Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr Jan 2001

Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr

Michigan Journal of Race and Law

Part I of this essay sets out in detail the direct measures affirmative action program. This section also compares the program to other alternative affirmative action program experiments undertaken by various educational institutions. Parts II and III discuss the constitutionality of a direct measures program.

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The Tension Between The Need And Exploitation Of Migrant Workers: Using Msawpa's Legislative Intent To Find A Balanced Remedy, Mark J. Russo Jan 2001

The Tension Between The Need And Exploitation Of Migrant Workers: Using Msawpa's Legislative Intent To Find A Balanced Remedy, Mark J. Russo

Michigan Journal of Race and Law

This Comment concludes that the recent Maine federal district cases represent an irreconcilable spike in a national and international trend to afford more protection to a vulnerable class whose resources are the object of urgent demand. However, the search for a proper remedial weight in the balance between migrant worker protection and the provision of competitive farm labor is not a new problem.

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Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves Jan 2001

Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves

Michigan Journal of Race and Law

Given the sweeping language of § 1981 and 1982, it cannot be that sellers of goods can engage in intentional discrimination, so long as they make relatively minor attempts to cover it up. By exploring the interaction between substantive law, procedural law, legal culture, and real-world context, Graves seeks to demonstrate that judges cannot offer any legal or practical justification for heightened pleading requirements in § 1981 and 1982 actions. Through this argument, a conclusion is reached that § 1981 and 1982 plaintiffs must be given the same opportunity to litigate their claims that virtually all other plaintiffs are given. …

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Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser Jan 2001

Racial Profiling In Health Care: An Institutional Analysis Of Medical Treatment Disparities, René Bowser

Michigan Journal of Race and Law

This Article links unscientific, race-based medical research to a broader, institutionalized pattern of racial profiling of Blacks in clinical decision-making. Far from providing a solution to the problem of racial health disparities, this Article shows that race-based health research fuels a collection of dubious background assumptions, creates a negative profile of Black patients, and reinforces taken-for-granted knowledge that leads to inferior medical treatment. This form of racial profiling is unjust, and also causes countless unnecessary deaths in the Black population.

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When Success Breeds Attack: The Coming Backlash Against Racial Profiling Studies, David A. Harris Jan 2001

When Success Breeds Attack: The Coming Backlash Against Racial Profiling Studies, David A. Harris

Michigan Journal of Race and Law

The author proposes that in an ongoing debate on questions concerning the possibility of racial or other types of invidious discrimination by public institutions, we should apply a prima facie standard to these claims in the public arena. In other words, if African Americans or Latinos say that they have been the victims of racial profiling, we should not ask for conclusive proof in the strictest statistical sense; rather, if they can present some credible evidence beyond anecdotes, some statistics that indicate that we may, indeed, have a problem, the burden should then shift to the public institution-here, law enforcement …

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A General Theory Of Cultural Diversity, Steven A. Ramirez Jan 2001

A General Theory Of Cultural Diversity, Steven A. Ramirez

Michigan Journal of Race and Law

This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited …

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Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory By William Twining), Doron M. Kalir Jan 2001

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory By William Twining), Doron M. Kalir

Law Faculty Articles and Essays

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part, I juxtapose Twining's record of this …

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Defending Indigenous Peoples' Heritage: An Introduction, Siegfried Wiessner Jan 2001

Defending Indigenous Peoples' Heritage: An Introduction, Siegfried Wiessner

St. Thomas Law Review

No abstract provided.

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Independent Traditional Seminole Nation: Defending Our Heritage And Our Land, Bobby Billie Jan 2001

Independent Traditional Seminole Nation: Defending Our Heritage And Our Land, Bobby Billie

St. Thomas Law Review

Let me identify my people and myself. In Florida, there are the Seminole Tribe, Incorporated and the Miccosukee Tribe, Incorporated. We have kept the tradition of the Independent Traditional Seminole Nation of Florida. We have not given up our land, our way of life, and our traditions. We have never signed a peace treaty, we never accepted a government handout, we did not accept anything. We try to maintain the gift of the Creator's way of life. We believe it gives us continuously the way of life. Nobody has to recognize us as to who we are as long as …

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Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero Jan 2001

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero

Faculty Scholarship

This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …

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Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson Jan 2001

Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson

Faculty Articles

This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed HRC's endorsement of D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by the most recent school of thought in …

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Reconstructing A Divided Society: Development Of Self-Government And Judicial Reform In Kosovo, Sasha Baglay Jan 2001

Reconstructing A Divided Society: Development Of Self-Government And Judicial Reform In Kosovo, Sasha Baglay

LLM Theses

For the past decade the Kosovo has been a subject of conflict. Since June 1999 the Province is undergoing the reconstruction of civil society under the direction of the United Nations in the form of the United Nations Interim Administration in Kosovo (UNMIK). This thesis analyzes the prospects of developing democratic government in a post-conflict Kosovo. On a larger scale, the Kosovo study serves the basis for the analysis of the techniques available for the international community to build democracy in ethnically divided societies. The argument of this thesis rests on the premise that in ethnically divided societies traditional democratic …

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The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner Jan 2001

The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner

Cardozo Journal of Equal Rights & Social Justice

The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.

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Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez Jan 2001

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez

Faculty Scholarship

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization

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From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell Jan 2001

From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell

Faculty Scholarship

This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …

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Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton Jan 2001

Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton

Articles

No abstract provided.

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