Law and Race Commons^™

The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo

St. Thomas Law Review

Analyzing the results in affirmative action cases decided in the last fourteen years tends to invite specious observations. For example, it is true that only 50% of the affirmative action plans reviewed by the Supreme Court withstand constitutional attack, while 80% withstand federal statutory attack. Additionally, more than half of the Court's affirmative action opinions have been authored by Justice Brennan and in each case the challenged plan has been approved. Further, two cases evaluating the constitutional merits of affirmative action were written by Justice Powell, whose opinions resulted in findings of unconstitutionality, and whose language echoes long beyond his …

Race, Aggravated Murder, And The Death Sentence In Multnomah County, Oregon, 1984-1990 : A Descriptive Analysis And Review, Patrick Arthur Jolley

Dissertations and Theses

Criminal justice administrators in the United States have been challenged by a highly visible accusation of racial discrimination. This perception has weakened the confidence in, and support of, our judicial process. This study attempted to clarify this perception by examining the effect of race on certain judicial decisions related to the death penalty. The variables chosen for analysis focused on the persons involved in the homicide, the circumstances of the crime, and decisions made during the processing of capital cases.

An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman

Articles

The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …

500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr

Faculty Scholarship

In 1992, the San Antonio Museum of Art hosted a panel which addressed a number of issues, including: what arts institutions can do to better represent the cultures of the communities they serve; what the United States is doing to protect Native American art and culture; what the international community is doing to address the flow of art and cultural objects across national boundaries; and what should be the plan to protect and to promote multiculturalism in the arts for the next 500 years. This article summarizes and highlights this event.

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Articles

No abstract provided.

Common Properties Of Pleasure: Texts In Nineteenth Century Women's Clubs, Ann Ruggles Gere

Cardozo Arts & Entertainment Law Journal

No abstract provided.

On Sanism, Michael L. Perlin

Articles & Chapters

No abstract provided.

Immigration And Group Relations In France And America, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

Race, Gender, And Sexual Harassment, Kimberlé W. Crenshaw

Faculty Scholarship

I would like to thank Anita Hill and express my deep respect to her for having the courage to shatter the silence on sexual harassment. I am certain that I speak for millions of women in saying that I have been inspired and renewed by her strength and integrity.

I have looked forward to addressing you tonight on a critical issue at this very important juncture in our political history. Sexual harassment has captured our attention over the last several weeks and has of course galvanized women in a way that scarcely could have been imagined only a few short …

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.

Remedying Environmental Racism, Rachel D. Godsil

Michigan Law Review

This Note addresses the equity issues that arise in the placement of commercial hazardous waste facilities. Currently, minorities are shouldering an unequal share of the burdens of hazardous waste16 while the benefits of production that results in hazardous waste are dispersed throughout society. Studies demonstrate that poor whites are overburdened as well. While inequitable distribution of wastesites along class lines is troubling and deserving of attention, this Note focuses specifically on the burdens facing racial minorities.

This Note contends that all races should share equitably the burdens and risks of hazardous waste facilities. Part I documents the disproportionate burden of …

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …

Abusive Prosecutors: Gender, Race & Class Discretion And The Prosecution Of Drug-Addicted Mothers, Dwight L. Greene

Buffalo Law Review

No abstract provided.

Double Reverse Discrimination In Housing: Contextualizing The Starrett City Case, Thomas W. Simon

Buffalo Law Review

No abstract provided.

The Challenges Of Multiplicity, Jennifer Nedelsky

Michigan Law Review

A Review of Inessential Woman: Problems of Exclusion in Feminist Thought by Elizabeth V. Spelman

Social Transformation Theory, African Americans And The Rise Of Buffalo's Post-Industrial City, Henry Louis Taylor Jr.

Buffalo Law Review

No abstract provided.

Recruitment And Retention Of The African American Law Student, Cheryl E. Amana

North Carolina Central Law Review

No abstract provided.

A Road Map To Achieve Enhanced Cultural Diversity In Legal Education Employment Decisions, Bruce Comly French

North Carolina Central Law Review

No abstract provided.

Affirmative Action As A Majoritarian Device: Or, Do You Really Want To Be A Role Model?, Richard Delgado

Michigan Law Review

Have you ever noticed how affirmative action occupies a place in our system of law and politics far out of proportion to its effects in the real world? Liberals love talking about and sitting on committees that define, oversee, defend, and give shape to it. Conservatives are attached to the concept for different reasons: they can rail against it, declare it lacking in virtue and principle, and use it to rally the troops. Affirmative action is something they love to hate. The program also generates a great deal of paper, conversation, and jobs probably more of the latter for persons …

The Triumph Of Tokenism: The Voting Rights Act And The Theory Of Black Electoral Success, Lani Guinier

Michigan Law Review

In this article, my goal is to organize the divergent themes of black electoral success strategy within one conceptual framework in order to give the themes more cogency and attention. Having exposed the existence of a coherent theory, I then argue that the theory posits many of the correct goals but fails to provide a realistic mechanism for achieving them. The article proceeds in three Parts. In Part I, I develop the ideological and statutory roots of black electoral success theory. In Part II, I analyze the inadequacies of current voting rights litigation and its failure to realize the statute's …

Voting Rights Act Section 2: Racially Polarized Voting And The Minority Community's Representative Of Choice, Evelyn Elayne Shockley

Michigan Law Review

A much needed congressional effort to give substance to African-American suffrage resulted in the enactment of the Voting Rights Act of 1965 (the Act). Although the fifteenth amendment gave African-American men the right to vote in 1870, almost a hundred years later they were still largely unable to exercise the right. This condition did not result from apathy on the part of African-American voters, but rather from their inability to overcome barriers set up by white racists. Practices whites instituted, such as "[l]iteracy and 'understanding' tests, poll taxes, the white primary, intimidation, [and] violence," prevented African-Americans from realizing their constitutional …

The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen

Faculty Scholarship

No abstract provided.

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman

UIC Law Review

No abstract provided.

Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels

UIC Law Review

No abstract provided.

Forum: Colorizing The Law School Experience, 1991 Wisc. L. Rev. 1427 (1991), Linda R. Crane

UIC Law Open Access Faculty Scholarship

No abstract provided.

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.