Albany Law Review

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

Articles from Vol. 72, No. 4, Winter

Colorblind Diversity: The Changing Significance of "Race" in the Post-Bakke Era
"If there is one lesson to be learned from our tragic experience in the Civil War and its wake, it is that the question of racial discrimination is never settled until it is settled right. It is not yet rightly settled." Chief Justice Earl Warren...
Computer Games, Racial Pleasure, and Discursive Racial Spaces
For my discussion of the theme of this conference, defining race, I offer a different context for study--computer games. My approach to this non-traditional arena for defining race is not that of a gamer--my most complicated computer games are versions...
Critical Race Feminist Bioethics: Telling Stories in Law School and Medical School in Pursuit of "Cultural Competency"
A SISTERSONG BALLAD (1) I know Sisters. I know Sisters who lived lives full enough to be stories- "Her-stories" untold, Carried through the heartbeat of mother's wit.., all the time being "othered" by legal fictions that...
Cultivating Race: How the Science and Technology of Agriculture Preserves Race in the Global Economy
In 2008, nearly one-sixth of the world's population went hungry. (1) The vast majority of the world's hungry live in the developing world; only a fraction of the under-fed are residents of the global North. (2) The burden of hunger falls disproportionately...
Cultural Inversion and the One-Drop Rule: An Essay on Biology, Racial Classification, and the Rhetoric of Racial Transcendence
The great paradox in contemporary race politics is exemplified in the narrative constructed by and about President Barack Obama. This narrative is all about race even as it makes various claims about the diminished significance of race: the prospect...
Defining Race: The Obama Phenomenon and the Voting Rights Act
I'm delighted to be a part of this exciting symposium exploring the definition of race--one of the most challenging concepts in this country's history, and one that has been made even more challenging by the historic and very promising time in which...
Defining Race through Law: Enforcing the Social Norms of Power and Privilege
The problem of racial subordination and inequality is one that has saturated the national identity of the United States. (2) It is a problem that has resulted in a body of American jurisprudence that has not only fostered a racist status quo but has...
Endangering the Endangered Species Act: National Association of Home Builders V. Defenders of Wildlife and Its Threat to the Survival of Endangered Species Protection
I. INTRODUCTION Congress enacted the Endangered Species Act of 1973 (ESA) (1) to combat further species extinction and implement programs for the protection of endangered species. (2) Specifically, Congress sought to "prevent animal and plant species...
Four Problems Facing Meaningful State Health Care Reform and Coverage in the United States
I. INTRODUCTION According to the United States Census Bureau, the percentage and number of uninsured Americans has increased since 2000 to over 15.8%, or forty-seven million people. (1) Health care premiums are spinning out of control, so fewer...
La Migra in the Mirror: Immigration Enforcement, Racial Profiling, and the Psychology of One Mexican Chasing after Another
Good morning, it is a pleasure to be here. I would like to thank Professor Anthony Farley, the editors of the Albany Law Review, and the Albany Law Journal of Science & Technology for inviting me in, and for all of you for being here this morning....
Laying Down the Law: Post-Racialism and the Deracination Project
During the run-up to the 2008 Presidential election, the following essay by Tim Wise was widely circulated on the web and by email. At least half a dozen friends emailed it to me: For those who still can't grasp the concept of white privilege,...
On Account of Race or Color: Race as Corporation and the Original Understanding of Race
This Essay is a critique of constitutional and political discourse on "race." I argue that current equal protection doctrine operates under a conception of race that undermines rather than moves forward the goal of achieving racial equality. That understanding...
On Race Theory and Norms
This is, of course, a hard act to follow; we let the beat build for a while, and I hope that the energy is on the rise as opposed to waning. In any event, while I am not going to talk about computer games and the like--even though I am a bit of a gamer--there...
Race: A Legal, Historical, Scientific, and Personal Issue
Welcome and good morning. To all of our guests, welcome to Albany Law School and to the law school community. It is good to have you here for our annual Albany Law Review symposium. As some of you may be aware, the Albany Law Review is the oldest...
Shattered: Afterword for Defining Race, a Joint Symposium of the Albany Law Review and the Albany Journal of Science and Technology
INTRODUCTION: THE OTHER SCENE What happened shattered whatever it was that we once were. Slavery happened. We are the fragments of that happening. And it is still happening. We the fragments are citizens of the undiscovered country. We the fragments,...
Transnational Dimensions of Race in America
--"Out of many, one people." (1) Jamaica, the nation from which my parents and grandmothers migrated to the United States, includes a motto on its national coat of arms that is at once inspiring and yet disturbingly ironic: "Out of many ... one...
Understanding Race: The Evolution of the Meaning of Race in American Law and the Impact of DNA Technology on Its Meaning in the Future
I. INTRODUCTION Race has played a decisive role in nearly all aspects of American society, yet its meaning in various contexts remains unclear. Throughout history, individuals have struggled to define "race" as it pertains to science, society, and...