Articles

Road To The Poll: How The Wisconsin Voter ID Law of 2011 Is Disenfranchising Its Poor, Minority, and Elderly Citizens

Published Jun 21, 2015

Abstract The right to vote has been irrefutably established as one of the most treasured and fundamental rights guaranteed to citizens by the United States Constitution, and Wisconsin’s Act 23 (“Act 23”) violates this standard. In May 2011, the Wisconsin legislature passed this act, which mandated that any person attempting to vote in person or… Read more

Citizenship In Name Only: The Coloring of Democracy While Redefining Rights, Liberties And Self Determination For The 21st Century

Published Jun 21, 2015

Abstract In recent times there has been an explosion of interest in the concept of citizenship. This renewed theoretical focus was sparked by voter ID statutes and jury obstruction. Defining the term “full citizenship” as it relates to African Americans has been a focus of controversy since the writing of the U.S. Constitution. Do African… Read more

Checking Out Of The Exception To 3-104: Why Parties Should Be Able to Negotiate Whether Checks Should Be Payable On Demand

Published Jun 21, 2015

Abstract Obvious examples include inequities in our criminal justice system and in school funding. Much has been written on those and other topics. This article focuses on another example, specifically on how a sweeping change to an obscure banking rule regulating the check collection process has negatively affected consumers in general, and minority groups in… Read more

Race and Income Disparity: An Ideologiy-Neutral Approach To Reconciling Capitalism And Economic Justice

Published Jun 21, 2015

Abstract Income and wealth disparities along racial lines in the United States constitute a continuing threat to the political and democratic stability upon which the economy and government of the United States fundamentally depends. The quest for solutions to these economic disparities has thus far been frustrated by ideological battles between political groups and coalitions…. Read more

Racial Inequality In Contracting: Teaching Race As A Core Value

Published Jun 21, 2015

Abstract Today’s students live in an era that dominant social voices declare to be a “post-racial society.” Issues of “discrimination,” it follows, are simply isolated incidents easily addressed by the panoply of existing civil rights laws. This belief creates expectations on the part of first-year law students who may dismiss or ignore the existence of… Read more

Chances Are: Lessons From The 1962 United States Civil Rights Commission Housing Discrimination Hearings In Washington D.C. For The Current Foreclosure Crisis

Published Jun 21, 2015

Abstract By examining a prior government hearing that investigated instances and patterns of housing discrimination in the U.S., a more accurate picture of the damage created by government policies that supported housing discrimination, racial segregation, and economic inequality can be presented. This Article focuses specifically upon the 1962 Housing Discrimination hearings convened in Washington D.C…. Read more

Astrology and Race: Aspects of Equality After Critical Race Theory

Published Jun 21, 2015

Abstract Historically, Critical Race Theory (CRT) has been neglected in European legal scholarship. CRT approaches promise to be a useful avenue for European jurisprudence, however, as European nations rapidly become more multiracial. The focus of this Essay is on the theoretical value that radiates from some Critical Race Theory lines of thought, written from the… Read more

The Immigrant Plight/Immigration Law: A Study in Intractability

Published Jun 21, 2015

Abstract This Essay provides a new theoretical perspective on colorism by considering it from an economic point of view. It relies on three theories of law and economics that explain racism. While critiquing these theories, it also extends them to evaluate colorism. Because these theories correlate race with skin color, applying these theories to colorism… Read more

The Desire for Whiteness: Can Law and Economics Explain it?

Published Jun 21, 2015

Abstract This Essay provides a new theoretical perspective on colorism by considering it from an economic point of view. It relies on three theories of law and economics that explain racism. While critiquing these theories, it also extends them to evaluate colorism. Because these theories correlate race with skin color, applying these theories to colorism… Read more

Contracting Away Success: The Way Teacher Collective Bargaining Agreements are Undermining the Education of America’s Children

Published Jun 21, 2015

Abstract While American public education once stood as an example of educational excellence globally, it now exists as only a shell of what it once was. Students from countries across the globe now routinely outperform American children and as each year passes, students filling classrooms in the United States slip farther and farther behind their… Read more

Bringing Home the Bacon: A Case for Applying the New Jersey Urban School Funding Remedy from Abbott v. Burke to Poor Rural School Districts

Published Jun 21, 2015

Abstract In 1997, seventeen poor rural school districts in New Jersey filed a lawsuit seeking a declaration that their districts were in violation of its students’ state constitutional right to a “thorough and efficient” education, and a financial remedy akin to the one granted to poor urban districts in Abbott v. Burke. Fifteen years and… Read more

Life, Liberty, and the Pursuit of Whiteness: A Revolution of Identity Politics in America

Published Jun 21, 2015

Abstract An enduring motif in American political history reflects the nation’s slow progression towards inclusion of a once disenfranchised populace. In the annals of its jurisprudence, the nation recalls a time when citizenship was linked to race: a time when the racial perquisites for naturalization were not challenged based on its constitutionality, but on who… Read more

A Deliberative Defense of Diversity: Moving Beyond the Affirmative Action Debate to Embrace a 21st Century View of Equality

Published Jun 21, 2015

Abstract “Diversity” is a recent construct in our equal protection jurisprudence, but during its relatively short existence it has garnered many critics. Even critical race scholars, the most vocal proponents of aggressive civil rights and equal protection enforcement, are skeptical about “diversity,” to say nothing of its many opponents. Critiques of “diversity” argue that it… Read more

Race as a Legal Concept

Published Jun 21, 2015

Abstract Race is a legal concept, and like all legal concepts, it is a matrix of rules. Although the legal conception of race has shifted over time, up from slavery and to the present, one element in the matrix has remained the same: the background rules of race have always taken a view of racial… Read more

A Dedication

Published Jun 21, 2015

Abstract This symposium of the Columbia Journal of Law and Race, Critical Race Theory and Marxism, is dedicated to Keith Aoki, 1955-2011. Keith died an hour after I arrived at his home in Davis, California. One hour and he was gone.

Signifying on Passing: (Post) Post-Racialism, (Post) Post-Modernism, and (Post) Post-Marxism

Published Jun 21, 2015

Abstract The social and legal relevance of racial passing appears to be fading as we ostensibly enter a color-blind, post-race era. During the “Age of Obama,” the notion of passing in our multi-racial society seems to many to be antiquated and unnecessary. As the nation has moved beyond state-sanctioned racial discrimination, many believe that the… Read more

Why Obama is Black: Language, Law and Structures of Power

Published Jun 21, 2015

Abstract When he filled out the race section of the 2010 U.S. Census survey, President Barack Obama checked the “Black, African Am., or Negro” box despite the fact that Obama is of both European-American and African ancestry. This simple fact raises a number of complicated questions and challenges the idea that race, or more properly,… Read more

“Precious”: A Tale of Three Explanations for Childhood Maltreatment

Published Jun 21, 2015

Abstract Precious describes a fictional child’s life, in which the parents severely maltreat her. Historically, society gave parents the right to assault their children’s bodies, if those assaults were not abuse but discipline. Traditionally, constitutional analysis enshrined those rights, and parents had autonomy to rear and discipline their children as they saw fit. Unfortunately, when… Read more

Contract and Dispossession

Published Jun 21, 2015

Abstract In the not so distant past, law students often opened their Contracts casebooks to find a quotation from Sir Henry Maine, “The movement of progressive societies has hitherto been a movement from Status to Contract.” The placement of this quotation at the beginning of a Contracts book sets the tone for the semester or… Read more

Putting Theory into Practice: Using a Human Rights Framework and Grassroots Organizing to Build a National Revolutionary Movement

Published Jun 21, 2015

Abstract This Essay proposes to use the theoretical framework of Critical Race Theory and Marxism to chart a way forward and away from the Tea Party’s racist dream and toward revolution. This Essay will show how the ruling class uses race and immigration status to isolate, alienate, dehumanize, and divide poor and working class people…. Read more

The Legal Politics of Hubert H. Harrison: Excavating a Lost Legacy

Published Jun 21, 2015

Abstract Critical race theorists (CRT) have cogently argued the need for anti-racist struggles in the post-civil rights era to address the fact that integration has hardly resolved the continued marginalization and discrimination of African Americans in housing, employment, and many other dimensions and to reflect on how law facilitates racial subordination in the post-civil rights… Read more

Global Class and the Commercial-Sexual Exploitation of Children: Toward A Multidimensional Understanding

Published Jun 21, 2015

Abstract This Essay draws together several focal points of the Third Annual National People of Color Conference in 2010, human trafficking, racial contexts, criminal law, immigration law and international law, while addressing the core theme of post-racialism and other “posts.”  The purpose of this Essay is three-fold.  First, it challenges the notion that we live… Read more