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Knowledge of Jim Crow events: A quick, informal survey

I’m curious as to what level of knowledge people have of some important Jim Crow events. If you’ve got five minutes, please make a comment, to fill this out this brief, completely unscientific survey....

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You’ve lost that Loving feeling

An incredible story in today’s news: A Louisiana justice of the peace said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have. Keith...

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(A few reasons) why Angela Onwuachi-Willig should be appointed to the Iowa...

Various law blogs have mentioned the news that University of Iowa law professor Angela Onwuachi-Willig is on the short list for the Iowa Supreme Court.  Angela is a leading scholar on topics of racial...

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Henry Louis Gates and Black in Latin America: A Review

Harvard Professor Henry Louis, perhaps best known to most Americans for his run-in with a Cambridge Police Officer, than for his scholarly writings and academic entrepreneurship, is back on public...

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Diversity Day!

“Mom,” said my fourteen-year-old daughter. “What can I be for Diversity Day without being racist?” As a good, progressive private school, my daughter’s school prides itself on its commitment to...

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Identity, Language, and Discrimination

As I mentioned in my prior post, I am thinking a lot right now about the intersection between identity and linguistic meaning as it impacts employment discrimination.  In my last post, I wrote about...

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Is “racial balance” always discriminatory?

In a recent case out of the Sixth Circuit, the court addressed the concept of “racial balance,” finding that an effort to achieve racial balance in disciplinary measures constitutes direct evidence of...

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Affirmative Action and Merit

The Supreme Court is set next week to hear the affirmative action case of Fisher v. University of Texas at Austin. Many people are troubled by affirmative action because they are convinced that it...

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The Boy Scouts and Discrimination

Imagine the Boys Scouts of America discriminated on the basis of race. In this hypothetical, no black parents are allowed to lead troops, and no black children are even allowed to join them. If your...

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Expanding Bob Jones University v. United States

In Bob Jones University v. United States, the IRS revoked the tax exempt status of two religiously affiliated schools because they discriminated on the basis of race. One school (Goldsboro Christian...

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In Defense of Law Review Affirmative Action

As you may have seen, the new Scholastica submission service allows law reviews to collect demographic information from authors. A flurry of blog posts has recently cropped up in response (including...

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Does Blind Review See Race?*

In a comment to my earlier post suggesting that law review editors should seek out work from underrepresented demographic groups, my co-blogger Dave Hoffman asked an excellent question: Would blind...

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Special Kids, Special Parents

First, many thanks to my exceptional and delightful colleague, Danny Citron, for inviting me to blog on Concurring Opinions. My blogging goal is to get you to focus on how law and policy could attend...

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Lest it be lost to time: Clarence Thomas, “Why Black Americans Should Look to...

From a speech at The Heritage Foundation on June 18, 1987, this while Thomas was Chairman of the Equal Employment Opportunity Commission. 

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UCLA Law Review Vol. 61, Issue 4

Volume 61, Issue 4 (May 2014) Articles Expressive Enforcement Avlana Eisenberg 858 Insider Trading as Private Corruption Sung Hui Kim 928 Marriage Equality and Postracialism Russell K. Robinson 1010...

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UCLA Law Review Vol. 62, Issue 2

Volume 62, Issue 2 (February 2015) Articles Judging Opportunity Lost: Assessing the Viability of Race-Based Affirmative Action After Fisher v. University of Texas Mario L. Barnes, Erwin Chemerinsky...

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A Historian’s Comments on Katherine Franke’s Wedlocked

In Wedlocked: The Perils of Marriage Equality legal scholar Katherine Franke compares the African American experience with marriage in the wake of the Civil War, with the quest for marriage equality...

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Queering the Family in an Age of Marriage Equality

It was a pleasure to read Katherine Professor Franke’s provocative book, Wedlocked, and an even greater pleasure to be able to engage in this on-line discussion about Professor Professor Franke’s long...

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Stanley v. Illinois, Race and Gender

In yesterday’s post, I introduced the 45 year old case of Stanley v. Illinois, described what we know about the Stanley family, and introduced the idea that legal parenthood should be recognized only...

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Stanley v. Illinois: Terminating A Rapist’s Paternal “Rights” in Maryland

In my first two posts on the mixed legacy of Stanley v. Illinois, I discussed my preferred relationship approach, some background about the family, why I think some justices may have seen the case as...

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