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Albany Law Review articles from December 2002
A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro
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Albany Law Review archives from December 2002
The conservative case against racial profiling in the war on terrorism.
December 22, 2002... I. INTRODUCTION
Although it now seems like something from the distant past, racial profiling was a hot political issue in 2001. The crime known as DWB, or driving while black, had emerged from the shadows of casual conversation and had...
Profiling as needed.
December 22, 2002... George Orwell is reputed to have said that the first duty of intelligent people is to restate the obvious. (1) I am going to talk primarily about the obvious. Certainly, this is not going to be an exercise in jurisprudence. I happen to agree...
(Racial) profiles in courage, or can we be heroes too?
December 22, 2002... INTRODUCTION
Racial profiling usually conjures up images of police officers acting on negative stereotypes concerning the criminality of people of color and subjecting them to greater surveillance and state. (1) This type of negative...
Critical race theory in three acts: racial profiling, affirmative action, and the diversity visa lottery.
December 22, 2002... Abstract
The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery--often with seemingly...
Diversity, mass immigration, and national security after 9/11--an immigration reform movement perspective.
December 22, 2002... Fiat justitia et pereat mundus? (1) Diversity as a legal doctrine in immigration law has become a contradiction, not because of what occurs under the law, but because of what occurs outside the law. In legal scholarship, diversity is a project...
Immigration and we the people after September 11.
December 22, 2002... Immigration and citizenship issues are part of a larger discussion about how America should respond to the terrorist attacks of September 11, 2001. At the same time, how America should respond to terrorism is part of a larger discussion of...
Ad-In/Ad-Out: deciding victory and defeat in affirmative action legal contestations .
December 22, 2002... At this point, I wish to express my thanks to all of you for persevering this afternoon. I truly appreciate those of you who have been at this event for the duration. It has been a very rich day, and I hope that our panel will continue in that...
A study of invidious racial discrimination in admissions at Thomas Jefferson High School For Science and Technology: Monty Python and Franz Kafka meet a probit regression.
December 22, 2002... In the mid-1980s, the state of Virginia established the Thomas Jefferson High School for Science and Technology (hereinafter TJ) in the suburbs of Washington D.C. as a magnet secondary school for the mathematically gifted and inclined. Each...
Racial preferences in admissions: myths, harms, and alternatives.
December 22, 2002... I. INTRODUCTION
Thank you to Albany Law Review for inviting me. I'm here because I'm an attorney at the Center for Individual Rights and we have represented the plaintiffs in most of the legal challenges to race-based admissions practices,...
Standing on the promise of Brown and building a new Civil Rights Movement: the student intervention in Grutter v. Bollinger.
December 22, 2002... I want to thank the Albany Law Review for a very lively symposium, devoted to what I think is the most important subject in America--and that is race and racism and what we do about them.
I am going to break my remarks up into three short...
New York's Hate Crimes Act of 2000: problematic and redundant legislation aimed at subjective motivation(Commentary).
December 22, 2002... INTRODUCTION
The dawn of the new millennium marked New York's entry into the realm of legislating against evil thoughts. By enacting the Hate Crimes Act of 2000, (1) the New York State Legislature mandated enhanced penalties for a laundry...
The overlooked constitutional objection and practical concerns to penalty-enhancement provisions of hate crime legislation.
December 22, 2002... I. INTRODUCTION
Over the past decade, our nation witnessed the emergence of the term hate crime into the forefront of the American political and legal arena. State legislators across the country, and even within Congress, have been lobbied...