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The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert 2010 University of Richmond School of Law

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.


"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell 2010 U.S. Court of Appeals for the Second Circuit

"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell

Michigan Journal of Race and Law

This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …


Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson 2010 George Mason University School of Law

Employee Free Choice Or Employee Forged Choice? Race In The Mirror Of Exclusionary Hierarchy, Harry G. Hutchinson

Michigan Journal of Race and Law

The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate tile necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration. …


From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon Stump 2010 Cleveland-Marshall College of Law, Cleveland State University

From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon Stump

Law Faculty Articles and Essays

This Note focuses on legal education in the United States and West Virginia in particular. Discussions on race, racism, and American law should take place in every legal classroom where race is relevant to the subject being discussed as a way to bridge gaps between communities. This is especially true for the West Virginia University College of Law ("College of Law"), which sits in the third whitest state in the country. The College of Law is the only law school in the state, and a majority of students at the College of Law are white and West Virginian. Thus, at …


The Dean Takes His Stand: Julien Monnet’S 1912 Harvard Law Review Article Denouncing Oklahoma’S Discriminatory Grandfather Clause, Harry F. Tepker Jr. 2010 University of Oklahoma College of Law

The Dean Takes His Stand: Julien Monnet’S 1912 Harvard Law Review Article Denouncing Oklahoma’S Discriminatory Grandfather Clause, Harry F. Tepker Jr.

Oklahoma Law Review

No abstract provided.


Ada Lois Sipuel Fisher: How A “Skinny Little Girl” Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education, Cheryl B. Wattley 2010 University of Oklahoma Norman Campus

Ada Lois Sipuel Fisher: How A “Skinny Little Girl” Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education, Cheryl B. Wattley

Oklahoma Law Review

No abstract provided.


The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet 2010 University of Oklahoma College of Law

The Latest Phase Of Negro Disfranchisement [1912 Reprint From The Harvard Law Review], Julien C. Monnet

Oklahoma Law Review

No abstract provided.


Decolonization, Development, And Denial, Natsu Taylor Saito 2010 Georgia State University College of Law

Decolonization, Development, And Denial, Natsu Taylor Saito

Faculty Publications By Year

No abstract provided.


Straightening Up: Black Women Law Professors, Interracial Relationships And Academic Fit(Ting) In, Adele M. Morrison 2010 Wayne State University

Straightening Up: Black Women Law Professors, Interracial Relationships And Academic Fit(Ting) In, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.


The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda 2010 Mississippi College School of Law

The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda

Journal Articles

“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening …


Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N'Cobra) And Its Antecedents, Adjoa A. Aiyetoro, Adrienne D. Davis 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N'Cobra) And Its Antecedents, Adjoa A. Aiyetoro, Adrienne D. Davis

Law Faculty Scholarship

Most of the legal scholarship on reparations for Blacks in America focuses on its legal or political viability. This literature has considered both procedural obstacles, such as statutes of limitations and sovereign immunity, as well as the substantive conception of a defensible cause of action. Indeed, Congressman John Conyers introduced H.R. 40, a bill to study reparations, in 1989 and every Congressional session since, and there have been three law suits that have received national attention. This Essay takes a different approach, considering reparations as a social movement with a rich and under-explored history. As Robin Kelley explains, such an …


Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner

Law Faculty Scholarship

The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress has …


Speech: Martin Luther King Breakfast., Rodney Lawrence Hurst Sr 2010 University of North Florida

Speech: Martin Luther King Breakfast., Rodney Lawrence Hurst Sr

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A speech commemorating Martin Luther King and the Civil Rights Movement in 2010


Program: "Stony The Road We Trod." A Look Back At Ax Handle Saturday., 2010 University of North Florida

Program: "Stony The Road We Trod." A Look Back At Ax Handle Saturday.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A look back at Ax Handle Saturday. Ritz Theatre and Museum exhibit, 2010


Name Tags: Badges At Northeast Florida Book Festivals. 2008-2010., 2010 University of North Florida

Name Tags: Badges At Northeast Florida Book Festivals. 2008-2010.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

This file includes name tags from the Florida Historical Society Annual Meeting with Rodney Hurst, Stetson Kennedy Award winner 2009. The Much Ado About Books Festival. Featured speaker Rodney Hurst at the Amelia Island Book Festival, and the Florida Heritage Book Festival in St. Augustine, Florida. September 12-13, 2008. Folder 2.


Thank-You Card To Rodney Hurst From Florida Humanities Council Program Attendees., 2010 University of North Florida

Thank-You Card To Rodney Hurst From Florida Humanities Council Program Attendees.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

No abstract provided.


Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck 2010 Ursinus College

Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck

Business and Economics Honors Papers

For many years, researchers have attempted to find a link between beauty and labor market outcomes. Although many important findings have been noted in these studies, the beauty analysis utilized was a subjective measurement. This subjective method, while important, may have external factors creating bias in the rating itself. In this study, the impact of beauty is applied to criminals and their sentences. Using a computer based symmetry measurement tool, an objective beauty measurement will be utilized. This study will seek to uncover whether or not criminals who are less attractive, measured through facial symmetry, receive harsher prison sentences than …


Obama Effect: A Pipeline Issue, A Felicia Epps 2010 Florida A&M University College of Law

Obama Effect: A Pipeline Issue, A Felicia Epps

Journal Publications

The law allows schools to strive for a "critical mass" of minority students. As law schools are already required to demonstrate a commitment to diversity, they must take steps to ensure that the pool of qualified candidates for positions in the academy expands instead of contracts. President Obama can have an impact on this process by taking steps to improve our educational system, encouraging students to make the most of their educations, and increasing the availability of higher education for all students. African Americans will then have access and ability to succeed in their academic pursuits. As a result, more …


Forced Sale Risk: Class, Race, And The "Double Discount", Thomas W. Mitchell, Stephen Malpezzi, Richard K. Green 2010 Texas A&M University School of Law

Forced Sale Risk: Class, Race, And The "Double Discount", Thomas W. Mitchell, Stephen Malpezzi, Richard K. Green

Faculty Scholarship

What impact does a forced sale have upon a property owner's wealth? And do certain characteristics of a property owner such as whether they are rich or poor or whether they are black or white, tend to affect the price yielded at a forced sale? This Article addresses arguments made by some courts and legal scholars who have claimed that certain types of forced sales result in wealth maximizing, economic efficiencies. The Article addresses such economic arguments by returning to first principles and reviewing the distinction between sales conducted under fair market value conditions and sales conducted under forced sale …


Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin 2010 Florida A & M University College of Law

Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin

Journal Publications

Some folks are good. But man is evil. He is driven by impulses, avarice, reason, scholarship, and barbarism. Ghana's history affirms some of the social and philosophical claims about man and evil. A scholarly narrative about American economic life, trenched in Ghana like an overlay, will unveil bits about big businesses, small businesses, and doing business in Ghana.


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