Latino Inter-Ethnic Employment Discrimination and the Diversity Defense

With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary but also will become even more complex. Recent scholarship has focused on analyzing how best to promote effective coalition building. Thus far, scholars have not examined what that growing racial and ethnic diversity will mean in the context of individual racial and ethnic discrimination claims. What will antidiscrimination litigation look like when all the parties involved are non-White but nonetheless plaintiffs allege that a racial hierarchy exists and they are not necessarily interested in the group-politics agenda of coalition building? This article focuses on the implications of increased diversity for the operation of employment discrimination law

Bias Crimes: Unconscious Racism in the Prosecution of Racially Motivated Violence

Within the past four years, a perceived surge of bias crimes has seized the nation\u27s attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of normal people on the street with very little advanced planning. This Note focuses on the physical injuries to persons that result from bias crimes. Such physical injuries represent cog- nizable harms that can be redressed through criminal statutes.\u2

To Be Brown in Brazil: Education and Segregation Latin American Style Colloquium - Relearning Brown: Applying the Lessons of Brown to the Challenges of the Twenty-First Century

As a scholar who studies civil rights movements from a comparative perspective, the commemoration of the fiftieth anniversary of the Brown v. Board of Education1 decision causes me to query the power of Brown as a symbol of equality outside of the United States. Because there is a larger community of African descendants living in Latin America and the Caribbean than there is in the United States, examining the role of Brown in Latin America and the Caribbean is particularly worthwhile. Furthermore, focusing on the Latin American and Caribbean contexts is also relevant due to the significant influence of the U.S. civil rights movement in inspiring Latin American social justice movement

Introductory Remarks of Panel II: Legal, Medical, and Ethical Considerations for the Future of Physician-Assisted Suicice Symposium: Physician-Assusted Suicide: Legal Rights in Life and Death: Introductory Remarks of Panel II: Legal, Medicial, and Ethical Considerations for the Future of Physician-Assisted Suicide

Once the Supreme Court issues it decision in the cases of Quill v. Vacco1 and Compassion in Dying v. Washington2 regarding the constitutionality of outlawing physician-assisted suicide for competent and terminally ill persons, the tension surrounding legal, medical, religious and ethical issues concerning end of life decision making will not be resolved

Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws, The Symposium: Citizenship and Its Discontents: Centering the Immigrant in the Inter/National Imigination: Part II: Section Three: Rethinking Agency: Global Economic Restructuring and the Immigrant

In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the racial makeup of the nation. Specifically, national preoccupation with the maintenance of a White country is reflected in immigration law. The continued national preference for White immigrants is explicitly featured in the visa profiling codes of U.S. embassies and consulates. This Essay employs a race-conscious lens to analyze the way in which immigration law has been structured to perpetuate a racial hierarchy which privileges Whiteness, primarily by preferring White immigrants to immigrants of color, and secondarily by drafting immigrants of color to form a middle-tier buffer and, alternatively, to provide a bottom-tier surplus labor supply

Afrodescendants, Law, and Race in Latin America

Law and Society research in and about Latin America has been particularly beneficial in elucidating the gap between the ideals of racial equality laws in the region and the actual subordinated status of its racialized subjects. Some of the recurrent themes in the race-related literature have been: the limits of the Latin American emphasis on criminal law to redress discriminatory actions; the limits of multicultural constitutional reform for full political participation; the insufficiency of land reform and recognition of ethnic communal property titles; and the challenges to implementing race conscious public policies such as affirmative action. Especially illuminating have been the surveys of judicial cases that demonstrate the continued judicial resistance to the notion that racial discrimination exists in Latin America simply because its manifestations are deemed to be inconsequential compared to the “real discrimination” of the racially violent United States. Future research projects could be instrumental in disrupting this Latin American judicial attitude of racial innocence that interferes with the enforcement of anti-discrimination laws. Emerging research could interrogate the presumption that racial violence does not and has not existed in Latin America, and the social disempowerment of not naming the violence as racial. In short, deconstructing the judicial premise that racial violence is particular to the United States and the defining feature of true racism by which strategic comparisons to Latin America’s presumed non-racial violence situate it as non-discriminatory, all point to a productive area for future Law and Society race-related research

Latino Inter-Ethnic Employment Discrimination and the Diversity Defense

With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary but also will become even more complex. Recent scholarship has focused on analyzing how best to promote effective coalition building. Thus far, scholars have not examined what that growing racial and ethnic diversity will mean in the context of individual racial and ethnic discrimination claims. What will antidiscrimination litigation look like when all the parties involved are non-White but nonetheless plaintiffs allege that a racial hierarchy exists and they are not necessarily interested in the group-politics agenda of coalition building? This article focuses on the implications of increased diversity for the operation of employment discrimination law