kahn 2.10.19 final clean - v1 · 2019-07-17 · .1b b),1$/b&/($1 9 '2 127 '(/(7( 30...

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Starbucks C.E.O. Apologizes After Arrests of 2 Black Men

After Racist Tweet, Roseanne Barr’s Show Is Canceled by ABC

Starbucks to Close 8,000 U.S. Stores for Racial-Bias Training Af-ter Arrests

supra

THE 911 COVENANT

Shelley v. Kraemer Palmore v. Sidoti

The First Trump-Clinton Presidential Debate Transcript, Annotated

SeeRead Hillary Clinton’s “Basket of Deplorables” Remarks About Donald Trump Sup-

porters

See infra.

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

explicitimplicit

The Nature of Implicit Prejudice: Implica-tions for Personal and Public Policy in

Implicit Social Cognition: Atti-tudes, Self-Esteem, and Stereotypes

Symposium on Behavioral Realism

Behavioral Realism in Employment Discrimination Law: Implicit Bias and Disparate

THE 911 COVENANT

Treatment Fair Measures: A Behavioral Realist Revision of “Affirmative Action”see also Seeing Through Color Blindness: Implicit Bias and the Law ABehavioral Approach to Law and Economics

Fair Measures supraThe Content of Our Categories: A Cognitive Bias Approach to

Discrimination and Equal Employment OpportunityId.

The Neural Basis of Implicit Attitudes

Implicit Social Cognition: Attitudes, Self-Esteem, and Stereotypes

valence

Trojan Horses of Race

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

implicit

suprasupra Fair Measures supra

THE 911 COVENANT

Everybody

supra. See supra. Id.

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

here and now

Blind Spot

See, e.g. supraSee, e.g.

Rage Against the Iron Cage: The Varied Effects of Bureaucratic Per-sonnel Reforms on Diversity

Why Diversity Programs Fail

supraId.

THE 911 COVENANT

Nature

How the Brain Views Race

supraThe Neuroscience of Race

Fair Measures, supra

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Grutter v. Bollinger

Id..

.,

Id.

THE 911 COVENANT

Plessy v. Fergusonat the time

Plessy v. Ferguson

Why Equal Protection No Longer Protects: The Evolving Forms of Status-Enforcing State Action

My President Was Black

supraSee Rethinking the Civil Rights and Civil Liberties Revolu-

tions .Id.

Exclusive: Lee Atwater’s Infamous 1981 Interview on the Southern Strategy

. Id.

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Washington Post

BBQ Becky, Permit Patty and Why the Internet Is Shaming White People Who Police People “Simply for Being Black

THE 911 COVENANT

Two Black Men Arrested at Starbucks Settle with Philadelphia for $1 Each

Social Media Video Shows Arrests of Black Men at Philadelphia Starbucks

The Third Place: Our Commitment, Renewed

Stanley Nelson Story of Access

Customer Tries to Return Something Without a Receipt

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Plessy v. Ferguson

See, e.g.

See supra see also ,

See, e.g.

THE 911 COVENANT

Philadelphia Starbucks Manager No Longer Works at Store Follow-ing Controversial Arrest of Black Men

see also Was She Fired? Folks Want to Know Exactly What Happened to Philly Starbucks Manager Who Called Cops on Black Men

After Racist Tweet, Roseanne Barr’s Show Is Canceled by ABC

Why Ambien Didn’t Make Roseanne Tweet Anything

Id. See, e.g. One Year After Charlottesville, Trump Has Normalized Racism

in America ,; NAACP Sees Continued Rise in Hate Crimes, Legacy of Trump’s Racism

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Plessy v. Fer-guson

McCleskey v. Kemp Shel-by v. Holder Abbot v. Perez.

Plessy

,Id.

THE 911 COVENANT

Shelby County

RaceOf Reasonable Racists. Intelligent Bayesians, and Involuntary Ne-

grophobes

, Fair Measures supraSee generally Intentional Blindness

Shelby CountyRace : Of Reasonable Racists. Intelligent Bayesi-

ans, and Involuntary NegrophobesId.Id.

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

all

Palmore v. Sidoti .

PalmoreShelley v. Kraemer,

Palmore ShelleyPalmore

The Constitution cannot control such prejudices but neither can it tolerate them. Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect.

Id.Id.IdIdId.

Palmore

THE 911 COVENANT

Shelley

unconscious biases

Shelley Palmore

Id. )

supra1948-1968: Unenforceable Restrictive Covenants

see also

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

The White Space The Racial Origins of Zoning

in American Cities in

See, e.g. A Black Yale Graduate Student Took a Nap in Her Dorm’s Common Room, So a White Student Called Police

AGroup of Black Women Say a Golf Course Called the Cops on Them for Playing Too Slow

A White Woman Called Police on Black People Barbecuing, This Is How the Community Responded,

When White People Call the Police on Black People

Starbucks’ Incident Proves “Whites Only” Spaces Still Exist

Black Guys Arrested in Starbucks

THE 911 COVENANT

Palmore Shelley

Palmore Shelleythink

societal

mis

suprasupra

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

see alsoThe Lawfulness of the Segregation Decisions

BrownPlessy

invalidated bySee generally The Original Sense of the (Equal) Protection

Clause: Pre-Enacting History

Id.Id. see also

THE 911 COVENANT

protection

Buchanan v. Warley

Lochner

Three Cheers (And Two Quibbles) for Professor Kennedy

The McCleskey Puzzle: Remedying Prosecuto-rial Discrimination Against Black Victims in Capital Sentencing

See, e.g Bias Training at Starbucks Is a Reminder That the History of Racism Is About Who Belongs Where

See The Racial Origins of Zoning in American Cities in

supra

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Corrigan v. Buckley.

Shelley v. KraemerCorrigan

Shelley

American Apartheid

Id.

1920s-1948: Racially Restrictive CovenantsUnderstanding

Fair Housing

Living Apart: How the Government Betrayed a Landmark Civil Rights Law

supra

THE 911 COVENANT

This represents a new sort of racially restrictive covenant

Shelley

1920s-1948: Racially Restrictive Covenants

Why Equal Protection No Longer Protects: The Evolving Forms of Status-Enforcing State Action

10 Things Dispatchers Want You to Knowsee also

Punishing Members of Disadvantaged Minority Groups for Call-ing 911

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

after

Tamir Rice 911 Call-Taker Suspended

Starbucks C.E.O. Apologizes After Arrest of 2 Black Men

Id.

A White Woman Called the Cops on a Black Real Estate Investor. Police Defended Him.

THE 911 COVENANT

Shelley

Palmore

Terry v. Ohio Whren v. United StatesTerry

supraSee generally Reasonable but Unconstitu-

tional: Racial Profiling and the Radical Objectivity of ,

The White Fourth AmendmentFrom Stop and Frisk to Shoot and Kill:

Pathway to Police Violence From Stopping Black People to Killing Black People: The Fourth Amendment Pathways to Police Violence

inter alia

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Whren

Whren

Palmore

Graham v. Connor

suprasupra

supra,

THE 911 COVENANT

Whren

Palmore

qua Graham Palmore

qua

Graham Whren.

WhrenPlessy v. Ferguson

WhrenPlessy

Palmore

Palmore in spite of

See, e.g. supra

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

PalmorePalmer v. Thompson

Palmer

PalmerWhren

Palmer Palmore

Palmore Brownimpact

Brown

Plessy Brown

Palmore,

PalmerId.Id.

THE 911 COVENANT

Whren Brown

Palmer

Palmore

Palmore Jones v Alfred H Mayer Co

Plessy

Palmore JonesWashington v.

Davis Personnel Administrator of Massachusetts v. Feeney.Race

See generally

Whren

Id.Plessy

su-pra

supra

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Palmore’s

The Content of our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity

Palmore Shelley

PlessyShelley Brown Palmore Whren

Palmore.

Shelley Palmore

e.g.

supra supra

Id.

THE 911 COVENANT

Palmore Shelley

Whren

Texas Pool Party Incident Sparks Protests—and Police Support.

Why Diversity Programs Failsee also

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Washington Post

There’s No Cost to White People Who Call 911 About Black People. There Should Be.

Id.Id.Id.

Misuse and Abuse of 911

THE 911 COVENANT

Philadelphia Tribune

See, e.g suprasupra

Uptick in 911 Calls for Starbucks Manager

Starbucks C.E.O. Apologizes After Arrest of Two Black Men

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

See also

supraSee, e.g supra

THE 911 COVENANT

may

Brown

‘Permit Patty’ Resigns as CEO of Cannabis Company Following Viral Video Backlash

A Black Man Wore Socks in the Pool. After Calling the Police on Him, A Manager Got Fired

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

PlessyBrown.

Romer v. Evans Lawrenc v. Texas Obergefell v. HodgesMasterpiece

Cakeshop v. Colorado Civil Rights CommissionRomer

Brown Loving

Lawrence

The Lawfulness of the Segregation Decisions

THE 911 COVENANT

Obergefell,

MasterpieceCakeshop

Romer Lawrence ObergefellMasterpiece Cakeshop

Yick Wo v. HopkinsMasterpiece Cakeshop.

Id.

Id.

STANFORD JOURNAL OF CIVIL RIGHTS & CIVIL LIBERTIES

Trump v. Hawaii

Masterpiece Cakeshop

doctrine frame

impact

Palmore

Id. see also id.

THE 911 COVENANT