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The Black International Tradition And African American Business In Africa, Henry J. Richardson III 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, Gwen Jordan 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, Anna Roberts 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, Marie A. Failinger 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, Alex Tallchief Skibine 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, Jason Z. Pesick 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, J. Thomas Sullivan 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, andré douglas pond cummings 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, John H. Blume, Sheri Lynn Johnson 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, Juan F. Perea 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', Jeffrey Bellin 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, Danne L. Johnson 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, Research Working Group, Task Force on Race and the 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, Joel E. Black 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, Anna Roberts 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, Tanya M. Washington 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, John K. Pierre 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, Dawinder S. Sidhu 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, Dawinder S. Sidhu 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, Dawinder S. Sidhu 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, …


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