Law and Race Commons^™

Program: Ucf Book Festival

Textual material from the Rodney Lawrence Hurst, Sr. Papers

University of Central Florida Book Festival on April 17, 2010 at the Morgridge International Reading Center. Author Rodney Hurst is featured on page 27.

Race, American Law And The State Of Nature, George A. Martinez

West Virginia Law Review

This Article advances a new theoretical framework to help explain and understand race and American law. In particular, the Article argues that we can employ a philosophical model to attempt to understand what often occurs when the dominant group deals with persons of color. The Article contends that when the dominant group acts with great power or lack of constraint, it often acts as though it were in what political philosophers have called the state of nature. Thus, the Article argues that there is a tendency for the dominant group to act as though it were in the state of …

Lethal Discrimination 2: Repairing The Remedies For Racial Discrimination In Capital Sentencing, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Lethal Discrimination, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

"We Are On The Move", Gerald Torres

Cornell Law Faculty Publications

Professor Torres explores the idea of "racial literacy " by working through a series of examples where being able to "read" race mattered. Reading race correctly helped policy makers and advocates understand the real problem and helped craft solutions that were generally beneficial by addressing structural defects not just individual bad actors.

Can Criminal Law Be Controlled?, Darryl K. Brown

Michigan Law Review

It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct …

Report & Recommendations Legal Scholar Team, Margaret E. Montoya, Tucker Culbertson, Marc-Tizoc González

Faculty Scholarship

The Report’s Recommendations for next steps reflect and incorporate the multiple experiences, false starts, insights, frustrations and new beginnings that represent the various ways that diversity works within the different sectors of the legal profession. We have included Recommendations that are already being used as well as some that are ambitious and aspirational. Within each of the four sectors of the profession, the recommendations are broadly categorized, but not prioritized. We recognize that every individual or organization will have its own priorities based on its unique circumstances. We do encourage the Report’s users to select and prioritize recommendations for next …

Keep Negroes Out Of Most Classes Where There Are A Large Number Of Girls': The Unseen Power Of The Ku Klux Klan And Standardized Testing At The University Of Texas, 1899-1999, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

The draft of this paper created controversy, garnered a great deal of media interest, and led the Regents of The University of Texas to remove a Klansman's name from a UT dormitory.

Two amicus briefs to the United States Supreme Court in Fisher v. University of Texas cite the published article, which appeared in the South Texas Law Review. These are the Brief of the Advancement Project and the Brief of the Black Student Alliance at the University of Texas at Austin, the Black Ex-Students of Texas, Inc., and the NAACP Legal Defense & Educational Fund, Inc.

The article appears …

Civil Rights And The Wartime Supreme Court, Dawinder S. Sidhu

Faculty Scholarship

The following essay was written for our Race and the Supreme Court event by Dawinder S. Sidhu, a founding director of the Discrimination and National Security Initiative at Harvard University. Mr. Sidhu’s work focuses on discrimination against Muslim-Americans and those perceived to be Muslim, and he is coauthor of a book published in 2009 titled Civil Rights in Wartime.

Postcard: Fifty Years Later, Revisiting Ax Handle Saturday In Jacksonville, Florida

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Invitation to a reception honoring Mr. Rodney L. Hurst, Sr. on Tuesday, February 9th, 2010. At the Lufrano Intercultural Gallery. University of North Florida Student Union. Folder 3

Program: Jacksonville District Celebrates Black History Month

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Program in celebration of Black History Month and Black Economic Empowerment. February 4, 2010

Preserving A Racial Hierarchy: A Legal Analysis Of The Disparate Racial Impact Of Legacy Preferences In University Admissions, Kathryn Ladewski

Michigan Law Review

Many public and private universities around the country employ legacy admissions preferences in order to give children of alumni special consideration in the admissions process. Such preferences disproportionately benefit white applicants at the cost of their nonwhite counterparts, because past generations of college students were less diverse than today's applicant pool. However, universities argue that their legacy preferences are justified because they assist in alumni fundraising efforts. This Note presents a statistical analysis to argue that legacy preferences are prohibited by the Civil Rights Act of 1964 because they have a discriminatory effect on minority college applicants and have not …

Sandia Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Michigan Journal of Gender & Law

This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.

Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James

Articles

No abstract provided.

Recovering Texas History: Tejanos, Jim Crow, Lynchings & The University Of Texas School Of Law, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.

Reconciling Equal Protection And Federal Indian Law, Bethany Berger

Faculty Articles and Papers

In this essay for a festschrift in celebration of Philip Frickey and his work, I show how equal protection and federal Indian law can be reconciled without succumbing to what Professor Frickey has called the seduction of artificial coherence. Federal Indian policies increasingly face arguments that, in providing special treatment for individuals and groups defined in part by descent from indigenous tribes, they violate the requirement of equal protection before the law. I argue that such arguments ignore the congruence of federal Indian policy and equal protection as a matter of constitutional norms, constitutional history, and constitutional text. Federal Indian …

Defining The Problem, Hadar Aviram

UC Law Journal of Race and Economic Justice

No abstract provided.

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

UC Law Journal of Race and Economic Justice

Criminological accounts of penological discourse in the United States often focus on the transition to more punitive policies beginning in the late 1970s, which led the U.S. to top international charts of incarceration rates per capita. However, recent developments in punitive policies and practices suggest a reversal of the punitive pendulum. This article maps these developments, arguing that they represent the emergence of a new correctional discourse, called humonetarianism, which focuses on scarcity of resources and on cost-benefit analysis as its main raison d'être.

This article begins by tracing the history of humonetarianism, offering two complementary genealogies for this discourse. …

Pregnant Man: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth Emens, Berta E. Hernandez-Truyol,, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones

Faculty Scholarship

I'm a law professor who works on gender, sexuality, and culture in the international and comparative context. That's my head working. In "real" life, my partner, Howard, and I have been engaged in having a baby together for several years, a project that came to fruition with the birth of our daughter Melina. Of course, such a project evokes intensely complex feelings and thoughts. Beyond a simple transposition of the personal onto the political, I feel so fortunate to have engaged in myriad conversations with a variety of friends and colleagues who think much more carefully about the family and …