Introduction: Challenging Authority: A Symposium Honoring Derrick Bell,
2014
Boston University School of Law
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose
Faculty Scholarship
This is the Introduction to the University of Pittsburgh Law Review’s Challenging Authority: A Symposium Honoring Derrick Bell (L.L.B. 1957). This special symposium issue of the 75th volume of the Law Review celebrates and seeks to continue Bell’s critical inquiry into and fight against racial injustice. It features leading and emerging voices that examine and build upon some of Bell’s most eminent concepts, such as the permanence of racism and Interest Convergence Theory; explore Bell’s impact as a professor and activist; and look ahead to the next wave of critical race study.
Competitive Federalism: Five Clarifying Questions,
2014
Boston Univeristy School of Law
Competitive Federalism: Five Clarifying Questions, Larry Yackle
Faculty Scholarship
Before I looked into the two fine books we are reviewing here,1 I would have said that arguments from federalism are typically fraudulent, neither more nor less than deliberate attempts to cloud the discussion of real issues. Now that I have read what Sotirios A. Barber and Michael S. Greve have written, I am largely confirmed in my prejudices. But my suspicions about federalism contentions have been shaken a bit – enough to ask some questions of Professor Greve, whose answers might persuade me that there is some good in this federalism business, after all. I doubt it, but I …
Feeding The Racial Disparity In Disease: How Federal Agricultural Subsidies Contribute To A Racial Disparity In The Prevalence Of Diet Related Illness,
2014
North Carolina Central University School of Law
Feeding The Racial Disparity In Disease: How Federal Agricultural Subsidies Contribute To A Racial Disparity In The Prevalence Of Diet Related Illness, Lawrence F. Dempsey
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements,
2014
Harvard Law School
Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres
Cornell Law Faculty Publications
This essay was influenced by a class on Law and Social Movements that Professors Guinier and Torres taught at the Yale Law School in 2011. This essay was also informed by numerous conversations with Bruce Ackerman regarding his book that is under review in this Symposium. While we are in fundamental agreement with Professor Ackerman’s project, as well as the claims he makes as to the new constitutional canon, we supplement his analysis with the overlooked impact of the lawmaking potential of social movements. In particular, we focus on those social movements that were critical to the legal changes that …
Bottlenecks And Antidiscrimination Theory,
2014
University of Michigan Law School
Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos
Reviews
In American antidiscrimination theory, two positions have competed for primacy. One, anticlassification, sees the proper goal of antidiscrimination law as being essentially individualistic. The problem with discrimination, in this view, is that it classifies individuals on the basis of an irrelevant or arbitrary characteristic—and that it, as a result, denies them opportunities for which they are otherwise individually qualified. The other position, antisubordination, sees the proper goal of antidiscrimination law as being more group oriented. The problem with discrimination, in this view, is that it helps constitute a social system in which particular groups are systematically subject to disadvantage and …
"Dangerous Subjects": James D. Saules And The Enforcement Of The Color Line In Oregon,
2014
Portland State University
"Dangerous Subjects": James D. Saules And The Enforcement Of The Color Line In Oregon, Kenneth Robert Coleman
Dissertations and Theses
In June of 1844, James D. Saules, a black sailor turned farmer living in Oregon's Willamette Valley, was arrested and convicted for allegedly inciting Indians to violence against a settler named Charles E. Pickett. Three years earlier, Saules had deserted the United States Exploring Expedition, married a Chinookan woman, and started a freight business on the Columbia River. Less than two months following Saules' arrest, Oregon's Provisional Government passed its infamous "Lash Law," banning the immigration of free black people to the region. While the government repealed the law in 1845, Oregon passed a territorial black exclusion law in 1849 …
Expressive Enforcement,
2014
Florida State University College of Law
Expressive Enforcement, Avlana Eisenberg
Scholarly Publications
Laws send messages, some of which may be heard at the moment of enactment. But much of a law’s expressive impact is bound up in its enforcement. Although scholars have extensively debated the wisdom of expressive legislation, their discussions in the context of domestic criminal law have focused largely on enactment-related messaging, rather than on expressive enforcement. This Article uses hate crime laws—the paradigmatic example of expressive legislation—as a case study to challenge conventional understandings of the messaging function of lawmaking. The Article asks: How do institutional incentives shape prosecutors’ enforcement decisions, and how do these decisions affect the message …
Building Social Capital Through Place-Based Lawmaking: Case Studies Of Two Afro-Caribbean Communities In Miami—The West Grove And Little Haiti,
2014
University of Miami Law School
Building Social Capital Through Place-Based Lawmaking: Case Studies Of Two Afro-Caribbean Communities In Miami—The West Grove And Little Haiti, Matthew Fowler
University of Miami Inter-American Law Review
No abstract provided.
Dismissing Deterrence,
2014
University of Michigan Law School
Dismissing Deterrence, Ellen D. Katz
Articles
The proposed Voting Rights Amendment Act of 20144 (VRAA)[...]’s new criteria defining when jurisdictions become subject to preclearance are acutely responsive to the concerns articulated in Shelby County[ v. Holder]. The result is a preclearance regime that, if enacted, would operate in fewer places and demand less from those it regulates. This new regime, however, would not only be more targeted and less powerful, but, curiously, more vulnerable to challenge. In fact, the regime would be more vulnerable precisely because it is so responsive to Shelby County. Some background will help us see why.
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama,
2014
Chicago-Kent College of Law
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton
Chicago-Kent Law Review
What does the art of dissent from a group look like in the context of race and politics? How does this element of political discourse resemble dissent in the more typical settings, such as the courts? And how might this brand of dissent be distinguished from the more common forms of the enterprise? In this piece, I develop a thesis of “racial dissent,” defined here as the act of speaking against a prevailing norm or principle within a given racial group. I outline a general argument for how racial dissent operates, including the review of structural pressures that racial dissenters …
Cultivating Inclusion,
2014
Suffolk University Law School
Cultivating Inclusion, Patrick S. Shin, Mitu Gulati
Michigan Law Review First Impressions
Twenty-five years ago, law schools were in the developing stages of a pitched battle for the future of legal education and academia. Faculties fought over the tenure cases of minority candidates, revealing deep divisions within legal academia on questions about the urgency of racial diversification and the merits of critical race scholarship. The students in charge of the law reviews where this scholarship was emerging engaged in their own battles, arguing over the use of affirmative action in the selection of law review editors and then, as neophyte editors, staking their own positions in the "What is legal scholarship?" debates. …
Retaining Color,
2014
Notre Dame Law School
Retaining Color, Veronica Root
University of Michigan Journal of Law Reform
It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color — in particular black and Hispanic …
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014),
2014
John Marshall Law School
Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …
Racial Templates,
2014
University of Alabama School of Law
Racial Templates, Richard Delgado, Juan F. Perea
Michigan Law Review
This riveting tale of greed, international skullduggery, and behind-the-scenes heroism recounts the events that led up to America’s “wicked war” with Mexico. It depicts how expansionist ambitions in high circles fueled jingoistic propaganda (pp. 25, 34–35, 58), fed a public eager for national muscle flexing (pp. 57, 103, 108), and set the stage for a military skirmish in a disputed region between two rivers (pp. 75–77, 95, 100, 138) that provided the pretext for a savage and short-lived military campaign against the weak new nation of Mexico in which the U.S. Army, under General Scott, marched all the way to …
Language Disenfranchisement In Juries: A Call For Constitutional Remediation,
2014
Boston University School of Law
Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose
Faculty Scholarship
Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …
Let's Talk About Race,
2014
Boston University School of Law
Let's Talk About Race, Ronald E. Wheeler
Faculty Scholarship
Despite other scholars’ suggestions that law librarianship and the American Association of Law Libraries lack diversity, Mr. Wheeler examines numerical and anecdotal data indicating that efforts to promote racial and ethnic diversity within AALL and the profession are beginning to show positive results.
Judicial Modesty In The Wartime Context,
2014
University of New Mexico - School of Law
Judicial Modesty In The Wartime Context, Dawinder S. Sidhu
Faculty Scholarship
“The most important thing we do is not doing,” Justice Louis D. Brandeis noted of the Supreme Court. At the height of the Civil War, the Supreme Court in Roosevelt v. Meyer claimed that it could not review, and therefore let stand, a state court decision upholding the Legal Tender Act (“Act”), a critical wartime measure designed to stabilize the Union economy and fund the Union’s war efforts. In this essay, I suggest that this oft-overlooked case warrants the legal community’s consideration because it implicates a question fundamental to our constitutional system: should the courts decline judicial review—or, “not do”—in …
A Defense Of Stand Your Ground Legislation,
2014
Ursinus College
A Defense Of Stand Your Ground Legislation, Jarrett Field '14
Richard T. Schellhase Essay Prize in Ethics
No abstract provided.
Bastards! . . .. And The Welfare Plantation,
2014
University of Miami School of Law
Bastards! . . .. And The Welfare Plantation, Zanita E. Fenton
Articles
No abstract provided.
Following Fisher: Narrowly Tailoring Affirmative Action,
2014
Barry University
Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov
Faculty Scholarship
No abstract provided.
