Law and Race Commons^™

Diversity And Supreme Court Law Clerks, Tony Mauro

Marquette Law Review

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Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz

Michigan Journal of Race and Law

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …

Satellite Remote Sensing And Database Management: Who Owns The Digitized Information Relating To Indigenous People And Their Artifacts, Brenda Reddix-Smalls

North Carolina Central Law Review

No abstract provided.

How Critical Race Theory Marginalizes The African American Christian Tradition, Brandon Paradise

Michigan Journal of Race and Law

This Article offers the first comprehensive account of the marginalization of the African American Christian tradition in the movement of race and law scholarship known as critical race theory. While committed to grounding itself in the perspectives of communities of color, critical race theory has virtually ignored the significance of the fact that the civil rights movement came out of the Black church and that today more than eighty percent of African Americans self-identify as Christian. In practical terms, critical race theory’s neglect of the Christian tradition has meant that arguments developed in race and law scholarship are sometimes incompatible …

Undoing Race? Reconciling Multiracial Identity With Equal Protection, Lauren Sudeall

Vanderbilt Law School Faculty Publications

The number of multiracial individuals in America, many of whom define their racial identity in different ways, has grown dramatically in recent years and continues to increase. From this demographic shift a movement seeking unique racial status for multiracial individuals has emerged. The multiracial movement is distinguishable from other race-based movements in that it is primarily driven by identity rather than the quest for political, social, or economic equality. It is not clear how equal protection doctrine, which is concerned primarily with state-created racial classifications, will or should accommodate multiracialism. Nor is it clear how to best reconcile the recognition …

The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock

Vanderbilt Law School Faculty Publications

Experts routinely criticize three aspects of regression analyses presented by the opposing party in employment discrimination cases: omitted explanatory variables, sample size, and statistical significance. However, these factors affect the reliability of the regression results only in very limited circumstances. As a result, valid regression analyses do not provide the critical guidance that they should in employment discrimination cases. Our own statistical analyses of seventy-eight Title VII employment discrimination cases find that merely raising these critiques, even if spurious, reduces plaintiffs’ likelihood of prevailing at trial. We propose that courts adopt a peer-review system in which court-appointed economists, compensated by …

Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun

Student Publications

This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]

Fisher V. Ut Austin - Contextualized Brief, Lauren H. Sobotka

Student Publications

Contextualization of the 2013 Supreme Court case, Fisher v. University of Texas at Austin, in which Abigail Fisher was denied admission. This paper also analyzes past Court cases dealing with affirmative action in the admissions process.

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito

Faculty Publications By Year

More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …

How Serious Is The Supreme Court About Religious Freedom?, Dawinder S. Sidhu

Faculty Scholarship

A new case will test whether the justices' defense of conscience in Hobby Lobby applies to minority religions like Muslims, or just to Christians.

10 Reasons Preet Bharara Should Be The Next Attorney General, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.

"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova

Georgia Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.

Intra-Group Diversity In Education: What If Abigail Fisher Were An Immigrant . . ., Dagmar Rita Myslinska

Pace Law Review

In Part I, this Article briefly describes some aspects of white immigrants’ educational experience (including extracurricular involvement and parental roles), exposing how it reflects immigrants’ lack of access to the cultural capital of native-born whites. The Article exposes some unique challenges faced by Caucasian immigrants in high school, during the college application process, and in taking advantage of college opportunities that amplify social benefits. These experiences are contrasted with those of American-born students who benefit from their families’ access to social capital that enables them to take advantage of its replication in college.

Part II addresses how some of the …

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …

Judicial Diversity After Shelby County V. Holder, William Roth

Michigan Law Review First Impressions

In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus provides a compelling …

Societal Connection Between Blackness And Criminality Leads To Violence Against Innocent, Casey Bohrman

Social Work (Undergraduate) Faculty Publications

No abstract provided.

Angela Harris: The Person, The Teacher, The Scholar, Rachel F. Moran

Faculty Scholarship

Angela Harris has written eloquently about the creative tensions that define her as a person, a teacher, and a scholar. She has explored the challenges of maintaining a private identity when called upon to share her life experience with a public audience, whether in the classroom, at a conference, or in an essay. She has reflected on the ways in which legal teaching privileges reason over emotion, wondering whether this dynamic impoverishes the exchange of ideas and undervalues the joy that can motivate a caring advocate. And, she has explored the dialectic between identity politics and the structural forces that …