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Racial Indirection, Yuvraj Joshi 2019 Yale Law School

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed— and may continue to allow— efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. The Article then discusses the potential benefits and costs of adopting indirection in affirmative action, and describes disagreements among Justices about the value of indirection ...


A Retrospective On Race: The View From Long Island, Deborah W. Post 2019 Touro Law Center

A Retrospective On Race: The View From Long Island, Deborah W. Post

Journal of Race, Gender, and Ethnicity

No abstract provided.


Tribute To Professor Deborah Waire Post, Paula C. Johnson 2019 Touro College Jacob D. Fuchsberg Law Center

Tribute To Professor Deborah Waire Post, Paula C. Johnson

Journal of Race, Gender, and Ethnicity

No abstract provided.


Northeast Corridor, Phoebe Haddon 2019 Touro College Jacob D. Fuchsberg Law Center

Northeast Corridor, Phoebe Haddon

Journal of Race, Gender, and Ethnicity

No abstract provided.


On The Occasion Of Deborah Post’S Retirement, Margaret Barry 2019 Touro College Jacob D. Fuchsberg Law Center

On The Occasion Of Deborah Post’S Retirement, Margaret Barry

Journal of Race, Gender, and Ethnicity

No abstract provided.


Nepoc And The Northeast Corridor Collective Of Black Women Law Professors, Anita L. Allen 2019 Touro College Jacob D. Fuchsberg Law Center

Nepoc And The Northeast Corridor Collective Of Black Women Law Professors, Anita L. Allen

Journal of Race, Gender, and Ethnicity

No abstract provided.


Introduction, Deborah W. Post 2019 Touro Law Center

Introduction, Deborah W. Post

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Northeast People Of Color Conference, Robert V. Ward Jr. 2019 Touro College Jacob D. Fuchsberg Law Center

The Northeast People Of Color Conference, Robert V. Ward Jr.

Journal of Race, Gender, and Ethnicity

No abstract provided.


Serial, Season Three: From Feeling To Structure, Jason Loviglio 2019 University of Maryland, Baltimore County

Serial, Season Three: From Feeling To Structure, Jason Loviglio

RadioDoc Review

From the start, host and reporter Sarah Koenig presents the 2018 season of Serial as a corrective to the universe-in-a-grain-of-sand approach typical of earlier seasons and much of the work of This American Life, from which Serial spun off. In a thematic departure, Koenig sets out to tell the story of structures, rather than merely structure a story. The first character is a “cluster of concrete towers” in downtown Cleveland, called the Justice Center, a name we’ll quickly come to understand as ironic, if not Orwellian. Host Sarah Koenig describes the structure as “hideous but practical”. Koenig and company ...


Policing Narrative, Tal Kastner 2019 New York University Law School

Policing Narrative, Tal Kastner

SMU Law Review

Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower—the mobilization and prioritization of the state’s power to kill—I analyze the contested physical and conceptual space of law exposed by the counter ...


Second Redemption, Third Reconstruction, Richard A. Primus 2019 University of Michigan Law School

Second Redemption, Third Reconstruction, Richard A. Primus

Articles

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection. It was the central theme of both the First and Second Reconstructions. In keeping with that orientation, the picture of disadvantage described by Fiss’s theory of cumulative responsibility is largely drawn from the black/white experience. Important as it is, however, the black/white experience does not exhaust the subject of ...


Ethnic Studies As Antisubordination Education: A Critical Race Theory Approach To Employment Discrimination Remedies, Theanne Liu 2019 Washington University School of Law, George Warren Brown School of Social Work

Ethnic Studies As Antisubordination Education: A Critical Race Theory Approach To Employment Discrimination Remedies, Theanne Liu

Washington University Jurisprudence Review

This Note will use a critical race theory lens to argue that most trainings on equal employment opportunity (“EEO”), diversity, or implicit bias operate as a restrictive remedy to Title VII race discrimination violations, and that incorporating an ethnic studies framework into these trainings can further an expansive view of antidiscrimination law. A restrictive view of antidiscrimination law treats discrimination as an individual instead of structural or societal wrong and looks to addressing future acts of discrimination instead of redressing past and present injustices. An expansive view of antidiscrimination law sees its objective as eradicating conditions of racial subordination. Ethnic ...


“Essentially Black”: Legal Theory And The Morality Of Conscious Racial Identity, Kenneth B. Nunn 2019 University of Florida Levin College of Law

“Essentially Black”: Legal Theory And The Morality Of Conscious Racial Identity, Kenneth B. Nunn

UF Law Faculty Publications

In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic notions of ideal forms, it has spread beyond philosophy into the social sciences and hard scientific disciplines like mathematics and biology. Since the advent of postmodernism, discussions around essentialism have become controversial. Adherents of postmodern theory argue that social categories, such as gender, race, and sexuality are socially constructed and that essentialist notions of identity, which suggest that identity is static, natural, and unchanging, are theoretically wrong. This ...


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School of Law 2019 Roger Williams University

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Masthead, 2019 University of California, Hastings College of the Law

Masthead

Hastings Race and Poverty Law Journal

No abstract provided.


The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. McLaughlin 2019 University of California, Hastings College of the Law

The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin

Hastings Race and Poverty Law Journal

No abstract provided.


“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko 2019 University of California, Hastings College of the Law

“Helpfulness” Is A Two-Way Street: How The Commonwealth Of Virginia Can Support Undocumented Survivors Of Domestic Violence, J. Nicole Alanko

Hastings Race and Poverty Law Journal

No abstract provided.


“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross 2019 University of California, Hastings College of the Law

“They Trespass Her Body Like They Trespass This Land” Civil And Criminal Jurisdictional Issues Involving Assaults On Tribal Lands By Non-Indians, Katie P. Gross

Hastings Race and Poverty Law Journal

No abstract provided.


Revising Society Must Be Defended By Michel Foucault, Sam Holder 2019 University of California, Hastings College of the Law

Revising Society Must Be Defended By Michel Foucault, Sam Holder

Hastings Race and Poverty Law Journal

No abstract provided.


August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser 2018 Seattle University School of Law

August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


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