Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5341 - 5370 of 6243

Full-Text Articles in Law and Race

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts Apr 2000

The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts

University of Michigan Journal of Law Reform

In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya's proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in the …

Go to article

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender Apr 2000

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

University of Michigan Journal of Law Reform

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …

Go to article

Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush Apr 2000

Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush

University of Michigan Journal of Law Reform

This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …

Go to article

Journalism And Unconscious Racism: A Perspective From South Africa, Ibpp Editor Mar 2000

Journalism And Unconscious Racism: A Perspective From South Africa, Ibpp Editor

International Bulletin of Political Psychology

This article describes psychological problems in accurately identifying racism in public policy discourse.

Go to article

Eugenic Laws Against Race Mixing, Paul A. Lombardo Feb 2000

Eugenic Laws Against Race Mixing, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Go to article

Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling Ii, Ibpp Editor Jan 2000

Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling Ii, Ibpp Editor

International Bulletin of Political Psychology

This article provides a further elaboration of last week's IBPP article on the Arab American Institute (AAI)'s opposition to the Department of Transportation's (DOT) initiative to evaluate the discriminatory impact of the Computer-Assisted Passenger Prescreening Program (CAPPS). It is based on an IBPP interview with the AAI President, James Zogby.

Go to article

Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling, Ibpp Editor Jan 2000

Aviation Security: An Analysis Of Opposition To Evaluating Racial Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes a public rationale for opposing Federal Aviation Administration (FAA) efforts to evaluate the discriminatory impact of the FAA's own Computer-Assisted Passenger Prescreening System.

Go to article

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram Jan 2000

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

Go to article

How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor Jan 2000

How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article explores peculiarities of logic and reason among supporters and opponents of racial profiling as a tool of developing and implementing public policy.

Go to article

The Shape Of The Michigan River As Viewed From The Land Of Sweatt V. Painter And Hopwood: Comments On Lempert, Chambers, And Adam's Study Of The University Of Michigan Law School's Minority Graduates, Thomas D. Russell Jan 2000

The Shape Of The Michigan River As Viewed From The Land Of Sweatt V. Painter And Hopwood: Comments On Lempert, Chambers, And Adam's Study Of The University Of Michigan Law School's Minority Graduates, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

The piece considers the Lempert, Chambers, Adams study of Michigan's law graduates of color from the vantage point of the history of The University of Texas's law school's history.

Go to article

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks Jan 2000

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks

Faculty Scholarship

In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …

Go to article

Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri Jan 2000

Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri

Articles

For two centuries, the private violence of American history has paraded into courts for public trial. Often dramatized by the spectacle of rape and murder, the public trials of private violence increasingly are seen to decide the fates of both the accused and the victim of crime. The fate of community, whether the community of the victim, the accused, or the public, seems at first blush untouched by such trials. Like victims and their families, however, communities struck by violence suffer profound loss. That loss is expressed in the destruction of public discourse, reason, and citizenship. This public ruin is …

Go to article

Dealing With Histories Of Oppression: Black And Jewish Reactions To Passivity And Collaboration In William Styron's Confessions Of Nat Turner And Hannah Arendt's Eichmann In Jerusalem, David Abraham, Kimberly A. Mccoy Jan 2000

Dealing With Histories Of Oppression: Black And Jewish Reactions To Passivity And Collaboration In William Styron's Confessions Of Nat Turner And Hannah Arendt's Eichmann In Jerusalem, David Abraham, Kimberly A. Mccoy

Articles

No abstract provided.

Go to article

Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez Jan 2000

Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez

Faculty Scholarship

Tribal regulation of marriage is an example of tribal government and tribal court using the legal system to reclaim traditional values and to resist (at least in part) the dominant values imposed on the Navajo Nation. Identity as Dine (the Navajos term to refer to themselves) is based on clan affiliations, which are determined by blood and marriage. Marriage has been an important and sacred institution in Navajo tradition. The Navajo Supreme Court and the Tribal Council have attempted to find a substantive law of marriage that respects traditional Navajo culture while meeting contemporary needs of Navajo people. The Navajo …

Go to article

Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya Jan 2000

Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …

Go to article

O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr Jan 2000

O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr

Faculty Scholarship

The theme of this essay is that blacks and whites reacted differently to the O.J. criminal verdicts because they watched two different dramas unfold over the course of the trial. Many whites saw O.J. as the archetype of Otello, the heroic Moor who came to live within the midst of Europeans and married the lovely Desdemona, only to kill her in a jealous rage after she befriended another man. Many blacks perceived O.J.'s trial as a modernized Porgy and Bess, which features white police officers abusing power when they jail an innocent person because they are too lazy to search …

Go to article

Things Not Spoken: The Burial Of Native American History, Law And Culture, Rennard Strickland Jan 2000

Things Not Spoken: The Burial Of Native American History, Law And Culture, Rennard Strickland

St. Thomas Law Review

The theme of this conference, "Sacred Sites and Modem Lives," is important not only for Native Americans but for all Americans. Indeed, the relationship between indigenous peoples and their traditional homelands is an issue of global significance. Throughout the world we are hearing what Dr. Erica-Irene A. Daes called "the voice of loneliness and self-destruction." What D. H. Lawrence called the spirit of the ghost of aboriginal peoples. It is a ghost with an increasingly haunting and strident voice.

Go to article

Women In Law, Susan Carle Jan 2000

Women In Law, Susan Carle

Book Reviews

No abstract provided.

Go to article

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll Jan 2000

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll

UIC Law Review

No abstract provided.

Go to article

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin

UIC Law Review

No abstract provided.

Go to article

In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros Jan 2000

In The Spirit Of Regina Austin's Contextual Analysis: Exploring Racial Context In Legal Method, Writing Assignments And Scholarship, 34 J. Marshall L. Rev. 281 (2000), Charles R. Calleros

UIC Law Review

No abstract provided.

Go to article

Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson Jan 2000

Race Consciousness: Can Thick, Legal Contextual Analysis Assist Poor, Low-Status Workers Overcome Discriminatory Hurdles In The Fast Food Industry? A Reply To Regina Austin, 34 J. Marshall L. Rev. 245 (2000), Reginald Leamon Robinson

UIC Law Review

No abstract provided.

Go to article

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel Jan 2000

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney Jan 2000

Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney

Articles

No abstract provided.

Go to article

Reflections From The Chair-The Road Taken: Honoring The Decade Of Scholarship By Law Professors Of Color In U.S. Law Schools And The People Of Color Movement (1989-1999), 20 B. C. Third World L. J. 13 (2000), Linda R. Crane Jan 2000

Reflections From The Chair-The Road Taken: Honoring The Decade Of Scholarship By Law Professors Of Color In U.S. Law Schools And The People Of Color Movement (1989-1999), 20 B. C. Third World L. J. 13 (2000), Linda R. Crane

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing Jan 2000

Blood Will Tell: Scientific Racism And The Legal Prohibitions Against Miscegenation, Keith E. Sealing

Michigan Journal of Race and Law

This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed-race--and discusses the continuing vitality of this construct. Next, this article turns to …

Go to article

Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak Jan 2000

Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak

Michigan Journal of Race and Law

This article proposes "de-coding" as a method for unveiling the racist purpose behind the enactment of race-neutral legislation. Through the use of "code words," defined as “phrases and symbols which refer indirectly to racial themes, but do not directly challenge popular democratic or egalitarian ideals,” legislators can appeal to racist sentiments without appearing racist. More importantly, they can do so without leaving evidence that can be traced back as an intent to discriminate. This article proposes to use "de-coding" as a method to unmask the racist purpose behind the enactment of the 100:1 crack versus powder cocaine ratio for mandatory …

Go to article

Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly Jan 2000

Lowering The Preclearance Hurdle Reno V. Bossier Parish School Board, 120 S. Ct. 866 (2000), Alaina C. Beverly

Michigan Journal of Race and Law

This Case Note examines a recent Supreme Court decision that collapses the purpose and effect prongs of Section 5, effectively lowering the barrier to preclearance for covered jurisdictions. In Reno v. Bossier Parish School Board II the Court determined that Section 5 disallows only voting plans that are enacted with a retrogressive purpose (i.e., with the purpose to "worsen" the position of minority voters). The Court held that Section 5 does not prohibit preclearance of a plan enacted with a discriminatory purpose but without a retrogressive effect. Evidence of a Section 2 violation alone will not be enough to prove …

Go to article

The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf Jan 2000

The Adversity Of Race And Place: Fourth Amendment Jurisprudence In Illinois V. Wardlow, 528 S. Ct. 673 (2000), Adam B. Wolf

Michigan Journal of Race and Law

This Case Note lays out Wardlow's pertinent facts, describes the decisions of the Court and lower courts, and then analyzes the ramifications of the Court's holding. In particular, this Case Note argues that the Court's ruling recognizes substantially less Fourth Amendment protections for people of color and indigent citizens than for wealthy Caucasians. This perpetuates a cycle of humiliating experiences, as well as fear and mistrust of the police by many poor people of color.

Go to article

Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero Jan 2000

Racial Profiling: "Driving While Mexican" And Affirmative Action, Victor C. Romero

Michigan Journal of Race and Law

This Essay will focus on "racial profiling" not just in the way many people think about the term-that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black"-but also in the context of "affirmative action"-namely, using race as a factor in employment and educational decisions. More broadly, then, the author wants us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual," which moves us slightly away from more pejorative notions of the phrase that have seeped into the national …

Go to article

First Prev Next Last