Law and Race Commons^™

A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.

University of Richmond Law Review

No abstract provided.

The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright

University of Richmond Law Review

No abstract provided.

Whiteness As Cursed Property: An Interdisciplinary Intervention With Joyce Carol Oates’S Bellefleur And Cheryl Harris’S “Whiteness As Property”, Karen Gaffney

Bearing Witness: Joyce Carol Oates Studies

This article begins with the assertion that now more than ever, in the aftermath of Ferguson and in a time when many believe our society to be post-racial, we need to bring together scholars and activists who care about racial justice, regardless of discipline, and build interdisciplinary tools for fighting racism. Furthermore, we need to understand and reveal how whiteness has been socially constructed because the power of whiteness lies in its invisibility, and that fuels the perpetuation of systemic racism. In making whiteness visible, we can see how it has been wielded as a weapon, which in turn will …

Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Austin, Mario L. Barnes, Erwin Chemerinsky, Angela Onwuachi-Willig

Faculty Scholarship

In this Article, Mario Barnes, Erwin Chemerinsky, and Angela Onwuachi-Willig examine and analyze one recent, affirmative action case, Fisher v. University of Texas, Austin, as a means of highlighting why the anti-subordination or equal opportunity approach, as opposed to the anti-classification approach, is the correct approach for analyzing equal protection cases. In so doing, these authors highlight several opportunities that the U.S. Supreme Court missed to acknowledge and explicate the way in which race, racism, and racial privilege operate in society and thus advance the anti-subordination approach to equal protection. In the end, the authors suggest that, with regard to …

Revisiting Law School Mismatch: A Comment On Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, Roger Bolus

Northwestern University Law Review

No abstract provided.

Is Affirmative Action Responsible For The Achievement Gap Between Black And White Law Students? A Correction, A Lesson, And An Update, Katherine Y. Barnes

Northwestern University Law Review

No abstract provided.

Diversifying The Federal Bench: Is Universal Legitimacy For The U.S. Justice System Possible?, Nancy Scherer

Northwestern University Law Review

No abstract provided.

Holt V. Hobbs: Does A Muslim Prisoner’S Case Foreshadow The End Of Affirmative Action?, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Newsroom: Examining Justice At Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene

Faculty Scholarship

No abstract provided.

Race, Place And Historic Moment – Black And Japanese American World War Ii Veterans: The G.I. Bill Of Rights And The Model Minority Myth, Taunya L. Banks

Faculty Scholarship

No abstract provided.

Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks

Faculty Scholarship

No abstract provided.

Community Development Vs. Economic Development: Residential Segregation, Tax Credits, And The Lack Of Economic Development In Baltimore's Black Neighborhoods, Jennifer Nwachukwu

University of Baltimore Journal of Land and Development

In 1967, the National Advisory Commission on Civil Disorders penned one of the most famous statements about race in America: “Our nation is moving toward two societies, one black, one white— separate and unequal.”2 For the city of Baltimore, MD, that statement rings true even in 2013. Outsiders think of Baltimore through the lens of HBO’s The Wire. Those who are from Baltimore or live in the city likely would say that driving through Baltimore is like driving through two different cities—nice areas with shops, restaurants, and beautiful architecture; and “not so nice” areas with blocks of dilapidated buildings and …

Overcoming Land Use Localism: How Hud's New Fair Housing Regulation Can Push States To Eradicate Exclusionary Zoning, Thomas Silverstein

University of Baltimore Journal of Land and Development

Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD’s publication of a final AFFH rule on July 16, 2015 was the culmination of that process, 2 but the rule did not resolve all outstanding questions. In particular, the one point that has been reiterated by a range of groups with often competing interests is that no one is entirely clear how the framework that HUD has developed will work for states.3 To …

Garner Courage, Carl B. Westmoreland

Freedom Center Journal

Robert Garner was born into a slave family on the James Marshall plantation located in Richwood, Kentucky. At 25 years old, Robert executed a plan to free all eight members of his family. They were captured in Cincinnati. His wife, Margaret, determined not to return to slavery, sought to kill her children and then herself. She was able to kill her youngest daughter by slitting her throat. The group members that remained alive were turned over to the U.S. Marshal of Cincinnati for violating the 1850 Fugitive Slave Act. Knowledge of the Gamers' story and their gruesome capture outraged the …

Dedication To Freedom, Emily M.S. Houh

Freedom Center Journal

The articles in this issue of The Freedom Center Journal are timely challenges to the persistent efforts to undermine the American values enshrined in the Preamble of the Constitution and the body of the Constitution itself with its three Civil War Amendments.

The student editors of this volume intended the selected contributions to offer readers a nuanced view of our nation’s current identity crisis. The collection is offered in the hope that it will encourage further thinking and discussion about what it means to be part of the American experiment with democratic self-governance in an age of resurgent white supremacy.

The John W. Anderson Slave Pen, Carl B. Westmoreland

Freedom Center Journal

At the end of 18th century America, a series ofevents occurred that forever changed the economic and political status of white Americans. These changes were heavily influenced by the transportation of blacks to this country, the circumstances surrounding their enslavement, and the increasing demand for cotton. America's founders prohibited the importation of enslaved Africans into the United States at the 1787 Constitutional Convention. This prohibition, however, occurred at a time when America was expanding and additional labor was necessary. The invention of the cotton gin in 1793 increased the amount of market ready cotton. The Louisiana Purchase doubled the size …

Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard

Faculty Scholarship

No abstract provided.

A Wind Watcher's Tale: Skinned Alive, C.F. Black

Tribal Law Journal

This is an excerpt from the forthcoming book, A Mosaic of Indigenous Legal Thought: Legendary Tales and Other Writings, by Dr. C.F. Black. Her book is a return to traditional ways of conveying legal and ethical thought, by writing a series of anthropomorphized animal tales, evocative poetry and rhetorical writings.

This excerpt is one of the narrative tales. The introduction included in the excerpt will help guide the reader's understanding of the context and significance this piece.

Sketches Of A Redemptive Theory Of Contract Law, Emily Houh

Faculty Articles and Other Publications

This Article is about the game we call contract law and what it does and means to those who, at one time or another, have been categorically barred from play. How have "outsider" players-such as racial minorities, women, and sexual minorities -entered the game and, subsequently, how have its governing rules-that is, contract doctrines applied or not applied to them? On the flipside, how have common law contract doctrines responded to the entry of new players in the game? And, to the extent contract law has so responded, why has it done so? In asking and responding to these questions, …