Law and Race Commons^™

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …

Racial Jurymandering: Cancer Or Cure? A Contemporary Review Of Affirmative Action In Jury Selection, Nancy J. King

Vanderbilt Law School Faculty Publications

Racial and ethnic minorities continue to be substantially underrepresented on criminal juries. At all stages of jury selection-venue choice, source list development, qualified list development, and jury panel and foreperson selection-traditional methods of selection exclude a disproportionate number of minorities. In response, a growing number of jurisdictions are employing race-conscious procedures to ensure that minorities are represented in juries and jury pools in proportions that equal or exceed their percentages in local communities. At the same time, the Supreme Court's most recent pronouncements on affirmative action and standing suggest that these reforms may be short-lived. Professor King suggests that the …

Readings By Our Unitary Executive, Lawrence Lessig

Cardozo Law Review

No abstract provided.

Allotment In Severalty On The Northern Ponca Reservation: The Geography Of Disposession, Oliver Raimund Froehling

Department of Geography: Dissertations, Theses, and Student Research

In 1890 the Ponca Reservation in Knox and Boyd county was parcelled up and each individual Ponca received a plot of land as his or her own. The remaining 72,000 acres were opened for settlement under the Homestead Act. During the next few decades, most of the remaining Ponca lands held by individuals were sold to non-Indians. When the Ponca were allowed to acquire some tribal lands under the 1934 Indian Reorganization Act, the land base had already disintegrated. One effect of this disintegrating land base was the increased out-migration of tribal members which eventually led to termination of the …

Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan

Osgoode Hall Law Journal

In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.

Eliminating The Labyrinth: A Proposal To Simplify Federal Mortgage Lending Discrimination Laws, Stephen M. Dane

University of Michigan Journal of Law Reform

The object of this Article is to demonstrate that the statutory and regulatory framework established by the federal government in its efforts to fight mortgage-lending discrimination is an extremely complicated labyrinth of dead ends, false passages, and elusive goals. Instead of addressing the mortgage-lending discrimination problem directly and comprehensively, Congress has taken a piecemeal and incomplete approach that generally has failed to bring the mortgage-lending industry into equal access compliance.

After pointing out the problems and deficiencies in the current statutory and regulatory scheme, this Article suggests a bold, comprehensive solution to the problem that, if implemented effectively, should ensure …

Guess Who's Not Coming To Dinner!!, Stephen Reinhardt

Michigan Law Review

A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker

Repossession: Of History, Poverty, And Dissent, Martha Minow

Michigan Law Review

A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones

Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado

Michigan Law Review

A Review of Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard Epstein

If The Eye Offend Thee, Turn Off The Color, John Harrison

Michigan Law Review

A Review of The Color-Blind Constitution by Andrew Kull

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster

Unequal Racial Access To Kidney Transplantation, Ian Ayres, Laura G. Dooley, Robert S. Gaston

Vanderbilt Law Review

Access to medical care is an issue of acute and increasing importance in the United States, a country in which the most promising of ground-breaking technologies may be available to only the privileged few. Although debate about the problem of unequal access to medical care typically centers on financial obstacles to advanced therapies and the obvious inequity of allowing patients' ability to pay to drive treatment decisions, issues of equitable access for patients of both genders and all racial and ethnic backgrounds increasingly have come into focus.

These concerns about equitable access animate the ongoing debate about how government should …

Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

"Hell Man, They Did Invent Us:" The Mass Media, Law, And African Americans, Adeno Addis

Buffalo Law Review

No abstract provided.

The 1990 New York City Districting Commission: Renewed Opportunity For Participation In Local Government Or Race-Based Gerrymandering?, Frank J. Macchiarola, Joseph G. Diaz

Cardozo Law Review

No abstract provided.

The Representation Of Minority Interests: The Question Of Single-Member Districts, Lani Guinier

Cardozo Law Review

No abstract provided.

Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman

Cardozo Law Review

No abstract provided.

New York Law School Reporter, Vol 10, No. 3, March 1993, New York Law School

Student Newspapers

No abstract provided.

"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg

Michigan Law Review

Part I briefly reviews the case law that has established and elaborated the requirement of discriminatory intent. I discuss the theoretical background against which Washington v. Davis was decided, a debate over the possibility and propriety of judicial review of legislative motive. I suggest that the significant institutional difficulties associated with the triumphant discriminatory intent rule, together with the many substantive criticisms leveled against it, might lead one to expect to see relative doctrinal instability here. On the contrary, the requirement of discriminatory intent has been one of the most stable doctrines in modem constitutional law. I conclude with the …

Colonization, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This article presents the original finding that South Carolina's legal system conducted a majority of the state's slave auctions during the antebellum years.Courts conducted slave auctions in several circumstances. Sheriffs sold the property of debtors; and courts also conducted or supervised sales in order to divide estates. Drawing upon extensive empirical analysis of primary sources in various South Carolina archives, this article compares the total number of slaves sold at court-ordered or court-supervised sales with the best empirical estimates for private slave sales - whether at auction or not. The conclusion is that the courts acted as the state's greatest …

South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This article presents the original finding that South Carolina's legal system conducted a majority of the state's slave auctions during the antebellum years.Courts conducted slave auctions in several circumstances. Sheriffs sold the property of debtors; and courts also conducted or supervised sales in order to divide estates. Drawing upon extensive empirical analysis of primary sources in various South Carolina archives, this article compares the total number of slaves sold at court-ordered or court-supervised sales with the best empirical estimates for private slave sales - whether at auction or not. The conclusion is that the courts acted as the state's greatest …

An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee

Michigan Journal of Gender & Law

Along with the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Violence Against Women Act (VAWA) could be the most significant addition to federal civil rights laws in the last century. While potentially revolutionary, the VAWA's civil rights remedy forges two problematic legal concepts-traditional civil rights jurisprudence and "perfect" violence-into a super-remedy that risks combining the worst aspects of each. Those who utilize and interpret the Act can avoid this outcome by situating individual violent acts in the broader social and historical context of gender-motivated violence.

Prostitution: Where Racism & Sexism Intersect, Vednita Nelson

Michigan Journal of Gender & Law

Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.

In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton

Articles

No abstract provided.

The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh

University of Michigan Journal of Law Reform

The Earth Summit at Rio was the first global negotiation in which indigenous peoples participated directly. They did so with the aim of advocating land rights and greater self-determination in the fields of natural-resource management and development. They justified these claims by arguing that indigenous peoples are superior stewards of the land and that strengthening indigenous peoples' traditional economies would contribute to solving global ecological and economic problems. This approach succeeded all too well. Jaded diplomats and environmental ministers seized on the hopeful possibility that indigenous economics actually might work better than discredited socialism and overextended capitalism, and they invited …

Shaw V. Reno: On The Borderline, Emily Calhoun

Publications

No abstract provided.

Name-Calling And The Clear Error Rule, Robert F. Nagel

Publications

No abstract provided.