Opt-Out Education: School Choice As Racial Subordination,
2014
University of Miami School of Law
Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James
Articles
Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …
Interactions Between African Americans And Police Officers: How Cultural Stereotypes Create A Wrongful Conviction Pipeline For African Americans,
2014
University at Albany, State University of New York
Interactions Between African Americans And Police Officers: How Cultural Stereotypes Create A Wrongful Conviction Pipeline For African Americans, Cynthia J. Najdowski
Psychology Faculty Scholarship
Erroneous convictions are not as rare as one might expect and when they occur, the wrongfully accused are more often African American than White: Of those who were wrongfully convicted and later exonerated in the last quarter century, 47% were African American (The National Registry of Exonerations, 2013), even though only 13% of the U.S. population is (Rastogi, Johnson, Hoeffel, & Drewery, 2011). Yet Gould, Carrano, Leo, and Young’s (2013) recent analysis of miscarriages of justice indicated that race does not reliably differentiate between cases in which innocent defendants are wrongfully convicted as opposed to rightfully acquitted. They suggested that, …
Name Narratives: A Tool For Examining And Cultivating Identify,
2014
University of New Mexico - School of Law
Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez
Faculty Scholarship
This paper uses Critical Race Theory and LatCrit terminology, analytical approaches, and discursive conventions, including autobiographical narratives. From their inception, names are embedded with meaning and coded with identity, and over time, they become layered with nuance and memory. We divide this article into three sections, Part I is a brief overview of recent commentaries in newspapers and public radio related to names, particularly as they pertain to identity and specifically to Latinas/os. Part II is a description of how Professor Irene Vasquez has used Name Narratives in the undergraduate classroom to help students deepen their understanding of their cultural …
The Story Behind A Letter In Support Of Professor Derrick Bell,
2014
University of New Mexico - School of Law
The Story Behind A Letter In Support Of Professor Derrick Bell, Margaret E. Montoya
Faculty Scholarship
Jointly authored with Cheryl Nelson Butler, Sherrilyn Ifill, Suzette Malveaux, Natsu Taylor Saito, Nareissa L. Smith and Tanya Washington. Professor Derrick A. Bell, Jr. had a long and proud history of disturbing authority. He is widely noted as one of the founders of Critical Race Theory. His scholarship on race was not only a direct challenge to the traditionally conservative legal academy, but also to the more liberal bastions within the academy, such as the Critical Legal Studies movement. His writings about the role of race in American law have made him one of the most prominent legal scholars of …
Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!,
2014
University of New Mexico - School of Law
Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Antoinette M. Sedillo Lopez, Robert F. Seibel, Peggy Maisel, Karen Tokarz
Faculty Scholarship
We conclude in this Article that expanded practice-based, experiential education will provide foundational learning for the successful transition from law student to law practice, and that clinical education (in-house clinics, hybrid clinics, and externships) is crucial to the preparation of competent, ethical law graduates who are "ready to become professionals." We urge law schools to require each graduate complete a minimum of twenty-one experiential course credits over the three years of law school, including at least five credits in law clinics or externships. Twenty-one required credits (or roughly 25 percent of the eighty-three required credits for graduation from an American …
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014),
2014
UIC School of Law
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda
UIC Law Review
No abstract provided.
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans,
2014
American University Washington College of Law
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul
The Modern American
No abstract provided.
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014),
2014
UIC School of Law
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado
UIC Law Review
No abstract provided.
The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014),
2014
UIC School of Law
The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize
UIC Law Review
No abstract provided.
The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014),
2014
UIC School of Law
The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano
UIC Law Review
No abstract provided.
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014),
2014
UIC School of Law
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin
UIC Law Review
This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing two federal court cases involving Cherokee Freedmen and citizenship: Vann v. United States DOI and Cherokee Nation v. Nash.
Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014),
2014
UIC School of Law
Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart
UIC Law Review
No abstract provided.
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions,
2014
Unviersity of California, Berkeley School of Law
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian
University of Michigan Journal of Law Reform
This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …
The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity,
2014
UC Law SF
The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity, Hadar Aviram
UC Law Journal of Race and Economic Justice
The fallout of the financial crisis continues to have major effects across the American correctional landscape. Federal and state budgetary limits have slowed and even reversed what were thought to be ever-rising incarceration rates. While this has successfully led to less punitive policies regarding the death penalty and the war on drugs, incarceration practices have affected punitivism in more complex ways. This article explores the correctional changes prompted by the financial crisis that are being made not at the ballot box, but behind closed doors. The outcomes of negotiations between prison administrators and private service providers, or amongst state governments, …
Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood,
2014
University of the District of Columbia David A Clarke School of Law
Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell
Journal Articles
United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the socalled “Jim Crow …
Tribal Disruption And Indian Claims,
2014
Michigan State University College of Law
Tribal Disruption And Indian Claims, Matthew L.M. Fletcher, Kathryn E. Fort, Dr. Nicholas J. Reo
Michigan Law Review First Impressions
Legal claims are inherently disruptive. Plaintiffs' suits invariably seek to unsettle the status quo. On occasion, the remedies to legal claims can be so disruptive-that is, impossible to enforce or implement in a fair and equitable manner-that courts simply will not issue them. In the area of federal Indian law, American Indian tribal claims not only disrupt the status quo but may even disrupt so-called settled expectations of those affected by the claims. The U.S. Court of Appeals for the Second Circuit has dismissed a round of Indian land claims at the pleading stage, includingOnondaga Nation v. New York, because …
To Count And Be Counted: A Response To Professor Levinson,
2014
Saint Louis University School of Law
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
All Faculty Scholarship
This Essay deepens the discussion Professor Levinson began in his lecture for the Richard J. Childress Memorial Lecture at SLU Law, Who Counts?. Professor Levinson explored the question of who counts as a member of the US community, and who gets to decide who counts. Inevitably, given our history of exclusion on the basis of race and sex, questions about belonging and race and sex form a central part of the current debate. Labeling a person with a race and sex presupposes the questions of what makes a person a certain race or sex? This essay explores what identity …
Objecting To Race,
2014
University of Miami School of Law
White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation,
2014
University of Miami
White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James
Articles
In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.
Recent scholarship …
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell,
2014
University of Miami School of Law
Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes
Articles
No abstract provided.
