Topic
Race and the Law
Posts
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CommentaryVol. 87 · Iss. 5
Diversity and the Federal Bench
Justice Sonia Sotomayor’s appointment was historic. She is the first Latina Supreme Court member and President Barack Obama’s initial appointment. Her confirmation is the…
Carl Tobias -
ArticleVol. 87 · Iss. 5
Rediscovering Oyama v. California: At the Intersection of Property, Race, and Citizenship
Oyama v. California was a landmark case in the history of civil rights. Decided in January 1948, Oyama held unconstitutional a provision of California’s Alien Land Law,…
Rose Cuison Villazor -
ArticleVol. 87 · Iss. 4
Complimentary Discrimination and Complementary Discrimination in Faculty Hiring
This Article focuses on one form of discrimination in faculty hiring. Specifically, this Article concentrates on discrimination against the “over qualified” minority faculty candidate,…
Angela Onwuachi-Willig -
NoteVol. 87 · Iss. 3
Left Behind, and Then Pushed Out: Charting a Jurisprudential Framework to Remedy Illegal Student Exclusions
As the United States embarks on its first year with an African American President, African American and Latino students in many of our major…
Davin Rosborough -
ArticleVol. 87 · Iss. 2
Shades of the American Dream
Federal tax policies such as the mortgage interest deduction do not generally encourage anyone to become a homeowner, yet they do increase the cost…
Dorothy A. Brown -
NoteVol. 88 · Iss. 4
Using Litigation to Address Violence in Urban Public Schools
It is well recognized that America is facing a crisis in public education. Nationwide, black and Latino students suffer from an achievement gap compared…
Michelle Parthum -
ArticleVol. 88 · Iss. 3
Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon…
Nathan B. Oman -
NoteVol. 96 · Iss. 4
Ban the Black Box: Criminal Background Screening and the Information-Withholding Problem
Beverly Harrison worked for the city of Dallas, Texas, for twenty-eight years before she retired to devote more time to her grandchildren and her…
Jennifer Stocker -
ArticleVol. 93 · Iss. 4
Students, Police, and the School-To-Prison Pipeline
Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies…
Jason P. Nance -
NoteVol. 93 · Iss. 3
The Praetorians: An Analysis of U.S. Border Patrol Checkpoints Following Martinez-Fuerte
In the late seventies, the United States Supreme Court held in United States v. Martinez-Fuerte that the United States Customs and Border Protection (“CBP”)…
Jesus A. Osete -
ArticleVol. 92 · Iss. 6
Asymmetry as Fairness: Reversing a Peremptory Trend
A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary…
Anna Roberts -
ArticleVol. 92 · Iss. 2
Racial Classification and Ascriptive Injury
This Article describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action,…
Paul Gowder