The Black International Tradition And African American Business In Africa,
2012
North Carolina Central University School of Law
The Black International Tradition And African American Business In Africa, Henry J. Richardson Iii
North Carolina Central Law Review
No abstract provided.
Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978,
2012
Chicago-Kent College of Law
Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978, Gwen Jordan
Chicago-Kent Law Review
Edith Sampson was one of the leading black women lawyers in Chicago for over fifty years. She was admitted to the bar in 1927 and achieved a number of firsts in her career: the first black woman judge in Illinois, the first African American delegate to the United Nations, and the first African American appointed to the North Atlantic Treaty Organization. Sampson was also a pro-democracy, international spokesperson for the U.S. government during the Cold War, a position that earned her scorn from more radical African Americans, contributed to a misinterpretation of her activism, and resulted in her relative obscurity …
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson,
2012
Brooklyn Law School
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Scholarship
No abstract provided.
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court,
2012
Hamline University School of Law
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Michigan Journal of Race and Law
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …
Towards A Balanced Approach For The Protection Of Native American Sacred Sites,
2012
University of Utah S.J. Quinney College of Law
Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine
Michigan Journal of Race and Law
Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …
Rluipa: What's The Use,
2012
University of Michigan Law School
Rluipa: What's The Use, Jason Z. Pesick
Michigan Journal of Race and Law
After Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which protects religious land use, many observers feared that the legislation would allow religious organizations to flout land-use regulations. Because RLUIPA defines "religious exercise" broadly, these observers feared the law would protect an array of nonworship uses, including commercial ventures, as long as a religious entity owned the land. More than a decade after RLUIPA's passage, this Note concludes that courts have not interpreted religious exercise as broadly as those observers feared. Courts have not, however, settled on a clear or consistent way of interpreting religious …
The Abyss Of Racism,
2012
University of Arkansas at Little Rock William H. Bowen School of Law
The Abyss Of Racism, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
Derrick Bell: Godfather Provocateur,
2012
University of Arkansas at little Rock William H. Bowen School of Law
Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings
Law Faculty Scholarship
Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …
The Folly - And Faith - Of Furman,
2012
University of Arkansas Little Rock
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Journal of Appellate Practice and Process
No abstract provided.
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution,
2012
Loyola University Chicago School of Law
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Michigan Law Review
Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …
How 'Duty To Retreat' Became 'Stand Your Ground',
2012
William & Mary Law School
How 'Duty To Retreat' Became 'Stand Your Ground', Jeffrey Bellin
Popular Media
No abstract provided.
Aals Section On Women In Legal Education Reflections: 2002-2011,
2012
Oklahoma City University School of Law
Aals Section On Women In Legal Education Reflections: 2002-2011, Danne L. Johnson
UMKC Law Review
No abstract provided.
Preliminary Report On Race And Washington's Criminal Justice System,
2012
University of Washington School of Law
Preliminary Report On Race And Washington's Criminal Justice System, Research Working Group, Task Force On Race And The Criminal Justice System
Washington Law Review
We are pleased to present the Preliminary Report on Race and Washington’s Criminal Justice System, authored by the Research Working Group of the Task Force on Race and the Criminal Justice System. The Research Working Group’s mandate was to investigate disproportionalities in the criminal justice system and, where disproportionalities existed, to investigate possible causes. This factbased inquiry was designed to serve as a basis for making recommendations for changes to promote fairness, reduce disparity, ensure legitimate public safety objectives, and instill public confidence in our criminal justice system. The Task Force came into being after a group of us …
Looking South: Race, Gender, And The Transformation Of Labor From Reconstruction To Globalization By Mary E. Frederickson,
2012
University at Buffalo School of Law
Looking South: Race, Gender, And The Transformation Of Labor From Reconstruction To Globalization By Mary E. Frederickson, Joel E. Black
Book Reviews
No abstract provided.
(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias,
2012
Brooklyn Law School
(Re)Forming The Jury: Detection And Disinfection Of Implicit Juror Bias, Anna Roberts
Faculty Scholarship
No abstract provided.
We Are Mad About The Wrong Thing,
2012
Georgia State University College of Law
We Are Mad About The Wrong Thing, Tanya M. Washington
Faculty Publications By Year
No abstract provided.
History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy,
2012
Florida A&M University College of Law
History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre
Florida A & M University Law Review
No abstract provided.
Brief For National Congress Of American Indians Supporting Plaintiffs-Appellants Motion For Rehearing En Banc, Knight V. Thompson As Amicus Curiae,
2012
University of New Mexico - School of Law
Brief For National Congress Of American Indians Supporting Plaintiffs-Appellants Motion For Rehearing En Banc, Knight V. Thompson As Amicus Curiae, Dawinder S. Sidhu
Faculty Scholarship
Statement of Issues: Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not demonstrated that the policy actually furthers its asserted compelling government interest. Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not even considered less restrictive means of furthering its asserted compelling interest.
Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion,
2012
University of New Mexico - School of Law
Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion, Dawinder S. Sidhu
Faculty Scholarship
The purpose of this article is to argue that the federal courts’ prevailing interpretation of Title VII with respect to religious attire in the workplace is inconsistent with the law. I maintain that Title VII prohibits employers from either placing employees in the back or refusing to hire individuals with conspicuous articles of faith due to any actual or perceived social discomfort with the employee’s religion-based appearance. I am persuaded of this for two independent reasons. First, placing an employee out of public view does not constitute a “reasonable accommodation” under Title VII because the statute’s general anti-discrimination provision expressly …
The Unconstitutionality Of Urban Poverty,
2012
University of New Mexico - School of Law
The Unconstitutionality Of Urban Poverty, Dawinder S. Sidhu
Faculty Scholarship
This Article argues that the Thirteenth Amendment is a proper federal vehicle for correcting the conditions of the urban underclass. The Amendment, I posit, contemplates federal intervention in the state and local governments' handling of its most troubled areas. Such federal involvement is appropriate because those responsible for these physical areas have not ensured that their residents have the necessary predicates for full and independent participation in society. The Thirteenth Amendment, in other words, supports the federal government's establishment of a minimum floor of economic and educational conditions such that the urban underclass may possess meaningful horizontal and vertical liberty, …
