Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
Brittany Taylor |
WHEN SILENCE IS LOUDER THAN WORDS: THE UNCONSTITUTIONALITY OF THE SUPREME COURT'S CONTINUED AVOIDANCE OF GENDERED SELECTIVE SERVICE |
15 Wake Forest Journal of Law and Policy 85 (December, 2024) |
On June 7, 2021, the Supreme Court denied certiorari for National Coalition for Men v. Selective Service, a case questioning the constitutionality of gendered selective service. In doing so, the Supreme Court not only signaled its agreement with the male-exclusive soldier archetype and its disagreement with women in combat military occupational... |
1994 |
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Tasseli McKay , William A. “Sandy” Darity Jr. |
WHO BENEFITS FROM MASS INCARCERATION? A STRATIFICATION ECONOMICS APPROACH TO THE "COLLATERAL CONSEQUENCES" OF PUNISHMENT |
20 Annual Review of Law and Social Science 309 (2024) |
mass incarceration, stratification economics, race, inequality, punishment, collateral consequences A rich empirical literature documents the consequences of mass incarceration for the wealth, health, and safety of Black Americans. Yet it often frames such consequences as a regrettable artifact of racially disproportionate criminal legal system... |
1994 |
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Steven R. Morrison |
Will to Power, Will to Reality, and Racial Profiling: How the White Male Dominant Power Structure Creates Itself as Law Abiding Citizen Through the Creation of Black as Criminal |
2 Northwestern Journal of Law & Social Policy 63 (Summer, 2007) |
Postmodern investigations of racism in American law follow in the tradition of tragic detective films noir: pursuing the culprit through a maze of smoke and mirrors in which the detective is never sure of his precise location, his destination, his suspect, or his suspect's culpability, he finally resolves the case and catches his man. His doubts...; Search Snippet: ...POWER, WILL TO REALITY, AND RACIAL PROFILING: HOW THE WHITE MALE DOMINANT POWER STRUCTURE CREATES ITSELF AS LAW ABIDING CITIZEN THROUGH... |
1994 |
Yes |
African/Black American |
Zamir Ben-Dan |
"HOLD YOUR (UN)SCHOLARLY TONGUE": DISMANTLING SIR RACISM'S 'ACADEMIC FREEDOM' SHIELD |
33 Southern California Review of Law & Social Justice 159 (Spring, 2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 160 II. THE ORIGINS AND PURPOSES OF ACADEMIC FREEDOM. 164 A. The 1915 Declarations of Principles on Academic Freedom and Academic Tenure. 164 B. Further AAUP Comments on Academic Freedom. 167 C. Academic Freedom vs. The First Amendment. 168 1. The Supreme Court's Treatment of Academic Freedom as It Relates to... |
1993 |
Yes |
|
Zamir Ben-Dan |
"TODAY, THE CONSTITUTION PREVAILS": A HISTORY AND LEGACY OF CONSTITUTIONAL RACISM |
45 Cardozo Law Review 1653 (August, 2024) |
C1-2Table of Contents Introduction. 1654 I. Defining Coded Racism. 1659 II. Coded Racism and the Constitution. 1661 A. Coded Racism and the Text of the Constitution. 1662 B. Coded Racism and the Structure of the Constitution. 1665 C. Despite the Code, the Federal Branches Understood the Constitution to Sanction Chattel Slavery and Anti-Black Racial... |
1993 |
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Kris Franklin , Sarah E. Chinn |
ATTENTIVE READING: A SOUTH AFRICAN EXAMPLE OF LAW IN CONTEXT |
21 Rutgers Journal of Law & Public Policy 211 (Spring, 2024) |
Unlike the United States Supreme Court in Dobbs, the Majority in this case recognizes that we cannot examine particular laws in their historical context without also examining the society in which those laws developed. . When the Supreme Court selectively examined the history and traditions of this nation, what it observed was the deeply rooted... |
1993 |
Yes |
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Prof. Angela D. Minor, Esq. |
BLACK LIVES STILL MATTER: THE UNCONSTITUTIONALITY OF THE REASONABLENESS STANDARD IN THE DOCTRINE OF QUALIFIED IMMUNITY |
27 University of the District of Columbia Law Review 71 (Spring, 2024) |
Legislative history serves as a tool of argumentation that offers preliminary insight as to why a particular law has been codified, passed, and implemented in society. It is designed to provide extensive background knowledge of the true intentions of the codification of a statute. An examination of the legislative history of the Civil Rights Acts... |
1993 |
Yes |
|
Ashley Pattain |
BLACK MATERNAL MORTALITY RATE: IMPROVING OUTCOMES FOR BLACK MOTHERS USING LEGISLATION THAT REVERSES THE EFFECTS OF STRUCTURAL RACISM IN MEDICINE |
45 Mitchell Hamline Law Journal of Public Policy and Practice 141 (Spring, 2024) |
I. Introduction. 142 II. Maternal Mortality Rates in the United States. 146 III. History of Midwives And Black Maternal Health. 147 IV. Contributions to the increased black maternal mortality rate. 149 A. Racism In Medicin. 150 B. Racism Present Day and its Impact on the Black Community. 153 C. Separation of the Black Family Due to Policies and... |
1993 |
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William A. Wick |
Book Review: Men in Black |
73 Defense Counsel Journal 82 (January, 2006) |
MARK Levin's bestselling book, entitled Men in Black: How the Supreme Court Is Destroying America, is a forceful indictment of what Levin identifies as an increasingly activist court for amending our national Constitution in the guise of construing it. His book details the history of the current nine black-robed jurists on the U.S. Supreme Court...; Search Snippet: ...Defense Counsel Journal January, 2006 Feature Article Review BOOK REVIEW: MEN IN BLACK William A. Wick [FNa1] Copyright © 2006 by the... |
1993 |
Yes |
African/Black American |
Renee Nicole Allen |
CONTEXTUALIZING THE TRIGGERING EVENT: COLONIAL WHITE SUPREMACY, ANTI-BLACKNESS, AND BLACK LIVES MATTER IN ITALY AND THE UNITED STATES |
33 Minnesota Journal of International Law 1 (Spring, 2024) |
In the summer of 2020, spurred by George Floyd's murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd's death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand... |
1993 |
Yes |
|
Ferrell L. Littlejohn |
CORPORATE ESG FALLS SHORT: SYSTEMIC ANTI-BLACK RACISM AND INEQUALITY SHOULD BE ADDRESSED THROUGH A CUMULATIVE INTEGRATED APPROACH |
29 Fordham Journal of Corporate and Financial Law 695 (2024) |
In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the separate but equal doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against... |
1993 |
Yes |
|
Shavonnie R. Carthens |
COVID-19 AND ACCESS TO HEALTHCARE AT THE CROSSING OF RACE, POVERTY, AND RURALITY |
38 Journal of Law and Health 145 (10/31/2024) |
Abstract: Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from... |
1993 |
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Michael H. LeRoy |
EMANCIPATING COLLEGE ATHLETES FROM AMATEURISM UNDER THE FAIR LABOR STANDARDS ACT |
45 Berkeley Journal of Employment and Labor Law 119 (2024) |
When an appellate court ruled that amateur athletics involves work outside the Fair Labor Standards Act (FLSA) in Berger v. National Collegiate Athletic Association it relied on Vanskike v. Peters, where a prisoner lost his FLSA case for minimum wages. Vanskike invoked the Thirteenth Amendment's slavery exception, which allows for compulsory prison... |
1993 |
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Ann Martin Stacey, Cassia Spohn |
Gender and the Social Costs of Sentencing: an Analysis of Sentences Imposed on Male and Female Offenders in Three U.s. District Courts |
11 Berkeley Journal of Criminal Law 43 (Spring, 2006) |
Disparity in the treatment of offenders involved in the criminal justice system has been the topic of a substantial amount of research over the past thirty years. Perhaps the most compelling evidence of disparity is found in the demographics of the inmate population in state and federal prisons throughout the United States. Most of those...; Search Snippet: ...CRIMINAL LAW Berkeley Journal of Criminal Law Spring, 2006 Article GENDER AND THE SOCIAL COSTS OF SENTENCING: AN ANALYSIS OF SENTENCES IMPOSED ON MALE AND FEMALE OFFENDERS IN THREE U.S. DISTRICT COURTS Ann Martin... |
1993 |
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African/Black American |
Taylor Elyse Mills |
INTERSECTIONALLY-INFORMED ADVOCACY: A STRUCTURAL JUSTICE ACCOUNT OF WRONGFUL CONVICTIONS FOR SEXUAL VIOLENCE |
31 UCLA Journal of Gender & Law 221 (Summer, 2024) |
C1-2Table of Contents Introduction. 222 I. Defining the Scope of the Problem. 225 II. Racial Discrimination Against Men of Color In Sexual Violence Cases. 227 A. A History of Racial Discrimination. 228 B. Structural Racism at Each Stage of the Criminal Justice System. 230 1. Eyewitnesses. 231 2. Police Officer Conduct. 231 3. Other Actors: Juries,... |
1993 |
Yes |
|
Nancy S. Marder |
Introduction to the 50th Anniversary of 12 Angry Men |
82 Chicago-Kent Law Review 557 (2007) |
I have had the opportunity to organize two academic panels on the subject of this Symposium, The 50th Anniversary of 12 Angry Men. Each panel included several of the contributors to this Symposium. The first panel was held at the Association of American Law Schools (AALS) Annual Meeting in Washington, D.C., in January 2007 and the second panel...; Search Snippet: ...S. Marder INTRODUCTION TO THE 50TH ANNIVERSARY OF 12 ANGRY MEN Nancy S. Marder [FNa1] Copyright (c) 2007 Chicago-Kent College... |
1993 |
Yes |
African/Black American |
David S. Schwartz |
IS THE CONSTITUTION OF 1787 A WHITE SUPREMACIST DOCUMENT? AGAINST ESSENTIALISM IN CONSTITUTIONAL INTERPRETATION |
33 William & Mary Bill of Rights Journal 63 (October, 2024) |
A curious convergence is emerging in legal academia around the conclusion that the 1787 Constitution is a white supremacist document. Although most originalists would deny that contention, their methodology strongly favors, if it does not compel, an agreement with progressive, neo-Garrisonian scholars that the Constitution of 1787 is indeed a... |
1993 |
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Burt R. Willie |
Kennewick Man--mission Accomplished? |
43 Idaho Law Review 301 (2006) |
Did the legal result from the Kennewick Man litigation accomplish the desired protection for Native American cultural property that Congress intended when it passed the Native American Graves Protection and Repatriation Act (NAGPRA)? The discovery of the Kennewick Man has generated a great deal of attention and conflict regarding Native American...; Search Snippet: ...4385258 IDAHO LAW REVIEW Idaho Law Review 2006 Comment KENNEWICK MAN--MISSION ACCOMPLISHED? Burt R. Willie [FNa1] Copyright (c) 2006 Idaho... |
1993 |
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African/Black American |
Brian W. Ludeke |
Malibu Locals Only: "Boys Will Be Boys," or Dangerous Street Gang? Why the Criminal Justice System's Failure to Properly Identify Suburban Gangs Hurts Efforts to Fight Gangs |
43 California Western Law Review 309 (Spring 2007) |
Foreword. 310 I. Introduction. 312 II. Who Is MLO?. 314 III. Traditional Notions of Gangs and Reasons Kids Join. 317 A. What Is a Gang?. 317 B. Why Do Youths Join Street Gangs?. 320 1. Gangs Created by, or as an Alternative to, Poverty. 322 2. Gangs as Institutions in Neighborhoods. 324 3. Gangs as Ethnic Self-Protection. 325 4. Gangs as the...; Search Snippet: ...California Western Law Review Spring 2007 Article MALIBU LOCALS ONLY: BOYS WILL BE BOYS, OR DANGEROUS STREET GANG? WHY THE CRIMINAL JUSTICE SYSTEM'S FAILURE... |
1993 |
Yes |
African/Black American |
John Parsi |
MEDICAL CONSENSUS ON GENDER AFFIRMING CARE'S CRITICAL IMPACT ON INCARCERATED BLACK TRANSGENDER WOMEN |
38 Journal of Law and Health 66 (10/31/2024) |
Abstract: In Kosilek v. Spencer the U.S. Court of Appeals for the First Circuit adopted The World Professional Association of Transgender Health Standards of Care (WPATH SOC) as medical consensus on gender affirming care and held that Michelle Kosilek could access gender affirming care but that she did not meet the criteria for gender affirming... |
1993 |
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Ryan S. King |
Moving Toward a Gender-appropriate Response in the Criminal Justice System |
33 New England Journal on Criminal and Civil Confinement 3 (Winter 2007) |
This is the first panel of the day. Our focus is to explore the alternatives to incarceration and other such programs. The reason I am moderating is hard to tell. I can assure you it is not because I ran the slowest when they were chasing faculty members, but I have been active for a number of years with the Elizabeth Fry Society in Canada. As a...; Search Snippet: ...Women Behind Bars: Issues confronting Incarcerated Women MOVING TOWARD A GENDER-APPROPRIATE RESPONSE IN THE CRIMINAL JUSTICE SYSTEM [FNd1] Ryan S... |
1993 |
Yes |
African/Black American |
S. Alan Ray |
Native American Identity and the Challenge of Kennewick Man |
79 Temple Law Review 89 (Spring 2006) |
Give the historical method an inch and it will take a mile. From a strictly orthodox standpoint, therefore, it seems to bear a certain similarity to the devil . . . . Jurisprudence, ethics, sociology, political theory, and aesthetics have been affected to their very depths by the historical approach and have been aligned with historical viewpoints...; Search Snippet: ...2332068 TEMPLE LAW REVIEW Temple Law Review Spring 2006 Article NATIVE AMERICAN IDENTITY AND THE CHALLENGE OF KENNEWICK MAN S. Alan Ray [FNa1] Copyright (c) 2006 Temple University of... |
1993 |
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African/Black American |
Mark C. Grafenreed |
OPEN HUNTING SEASON: BLACK BODIES AS A THREATENED SPECIES |
30 Cardozo Journal of Equal Rights & Social Justice 341 (Winter, 2024) |
. about one white person in two believes police provide very good protection . for Negroes, the figure is one in five. Tracing the Endangered Species Act of 1973 provides striking parallels with the historical, legal, and cultural aspects of bondage mapped upon Black bodies. The United States Congress promulgated the Endangered Species Act to... |
1993 |
Yes |
|
Perry Moriearty , Kat Albrecht , Caitlin Glass |
RACE, RACIAL BIAS, AND IMPUTED LIABILITY MURDER |
51 Fordham Urban Law Journal 675 (March, 2024) |
Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few... |
1993 |
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Robert M. Cearley, Jr. |
Racial and Gender Bias - Leading by Example |
33-FALL Arkansas Lawyer 2 (Fall, 1998) |
In 1962 an African-American man was convicted of contempt for refusing to sit in the section of the courtroom reserved for Negroes. The conviction was reversed by the U.S. Supreme Court in a per curiam opinion. Johnson v. Virginia, 373 U.S. 61 (1963). The next year an African-American female witness was held in contempt for refusing to answer...; Search Snippet: ...ARKANSAS LAWYER Arkansas Lawyer Fall, 1998 President's Report RACIAL AND GENDER BIAS - LEADING BY EXAMPLE Robert M. Cearley, Jr. [FNa1] Copyright... |
1993 |
|
Multiple Groups |
Paige M. Walker |
RESTRICTING THE USE OF RAP LYRICS AS EVIDENCE IN COURTS: A TARGETED APPROACH TO TACKLING DISCRIMINATION IN CRIMINAL PROCEDURE |
28 Lewis & Clark Law Review 431 (2024) |
This Comment considers the use of rap lyrics as evidence in criminal trials and the discriminatory implications of these practices. It specifically focuses on the ongoing prosecution of Atlanta rapper Young Thug (Jeffery Williams). The intersection of hip-hop and criminal justice has led courts across the nation to develop their own theories about... |
1993 |
Yes |
|
Elizabeth S. Kisthardt |
Singling Them Out: the Influence of the "Boy Crisis" on the New Title Ix Regulations |
22 Wisconsin Women's Law Journal 313 (Fall 2007) |
Title IX, which prohibits discrimination on the basis of sex in education programs and activities, is federal legislation intended to resolve gender inequities in education that have historically affected women. The preamble to Title IX states that [n]o person in the United States shall, on the basis of sex, be excluded from participation in, be...; Search Snippet: ...Fall 2007 Comments SINGLING THEM OUT: THE INFLUENCE OF THE BOY CRISIS ON THE NEW TITLE IX REGULATIONS Elizabeth S. Kisthardt... |
1993 |
Yes |
African/Black American |
Jill Lynch Cruz , Jill Lynch Cruz Ph.D., PCC, GCDF, SPHR, Executive Coach & Career Development Consultant |
STILL TOO FEW AND FAR BETWEEN: THE STATUS OF LATINA LAWYERS IN THE U.S. |
40 Chicana/o-Latina/o Law Review 7 (2024) |
This Report addresses a significant paradox within the U.S. legal profession: While Latinas represent 9.4 percent of the nation's population, they only account for approximately 3 percent of attorneys, with even fewer in leadership roles across the legal profession. Following the 2009 research findings of the Hispanic National Bar Association's... |
1993 |
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Jade A. Craig |
STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE |
24 Nevada Law Journal 737 (Spring, 2024) |
C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... |
1993 |
Yes |
|
Julia Steggerda-Corey |
THE CASE FOR NCAA LIABILITY FOR SPECTATOR RACIAL HARASSMENT OF ATHLETES |
31 Jeffrey S. Moorad Sports Law Journal 1 (2024) |
Introduction. 1 I. The History of Spectator Harassment. 5 A. The NCAA's Role in Supporting & Protecting Athletes. 12 B. The Role of Member Institutions in Supporting & Protecting Athletes. 13 C. The Joint Responsibility of the NCAA & Member Institutions. 17 II. The Athlete Experience. 19 A. Managing Racism. 20 B. Economic Burden. 28 C. The... |
1993 |
Yes |
|
Ruth Colker |
THE HYPOCRISY OF SEX OR PREGNANCY-BASED AFFIRMATIVE ACTION |
25 Georgetown Journal of Gender and the Law 1139 (Spring, 2024) |
The Supreme Court's sex-based jurisprudence has always been a mess; the Court, for example, is not even willing to conceptualize pregnancy-based discrimination as sex discrimination. But, oddly, within this mess, the Court has consistently recognized sex-based affirmative action as consistent with its sex discrimination jurisprudence. The Supreme... |
1993 |
Yes |
|
Fernanda González |
THE INADMISSIBILITY OF VICTIM IMPACT EVIDENCE |
51 UC Law Constitutional Quarterly 423 (Spring, 2024) |
Currently, 41% of inmates on death row in the United States are Black, even though Black people make up only 13.6% of the total population in the country. Additionally, the data has repeatedly shown that states that do not have the death penalty have lower murder rates than states that do. Despite these disparities, more than half of states in the... |
1993 |
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Sarah McCarthy |
The Legal and Social Implications of the Ncaa's "Pregnancy Exception" -- Does the Ncaa Discriminate Against Male Student-athletes? |
14 Villanova Sports and Entertainment Law Journal 327 (2007) |
The National Collegiate Athletic Association (NCAA) punished University of Kansas football player Eric Butler for doing the right thing. Butler took a year off from playing football to help raise his newborn daughter. Now, the NCAA refuses to grant Butler the same rights that it would have offered a female student-athlete. Under present NCAA...; Search Snippet: ...OF THE NCAA'S PREGNANCY EXCEPTION -- DOES THE NCAA DISCRIMINATE AGAINST MALE STUDENT-ATHLETES? Sarah McCarthy [FNa1] Copyright (c) 2007 Villanova University... |
1993 |
Yes |
African/Black American |
Priscilla A. Ocen |
THE NEW RACIALLY RESTRICTIVE COVENANT: RACE, WELFARE, AND THE POLICING OF BLACK WOMEN IN SUBSIDIZED HOUSING |
29 National Black Law Journal 35 (2024) |
This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... |
1993 |
Yes |
|
I. Bennett Capers |
The Trial of Bigger Thomas: Race, Gender, and Trespass |
31 New York University Review of Law and Social Change 1 (2006) |
Richard Wright's Native Son, the first novel by an African American to be featured as a main selection of the Book-of-the-Month Club, was nothing short of groundbreaking in the annals of American literature. The novel opens with the sound of an alarm going off--Richard Wright's wake-up call to America to open its eyes and address issues of race and...; Search Snippet: ...Social Change 2006 Articles THE TRIAL OF BIGGER THOMAS: RACE, GENDER, AND TRESPASS I. Bennett Capers [FNa1] Copyright (c) 2006 New... |
1993 |
Yes |
African/Black American |
Derrick Gailes |
THIRD EYE EXPERIENCE |
49 Harbinger 38 (3/13/2024) |
For the non-racist Who didn't know But wants to understand The black experience of Police brutality and Racism in America-And be a part of the Change All around the world, anywhere, Where there's a concentration of Blacks, African Americans; countless Experiences can be recounted to You-Of brutality & racism, at the Hands, guns, and feet of police.... |
1993 |
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Elizabeth Tang |
TITLE IX, PUNISHMENT, AND TRUE JUSTICE FOR ALL STUDENTS |
39-SUM Criminal Justice 21 (Summer, 2024) |
Note: This article was written before the Biden administration issued a new Title IX rule on April 29, 2024, that will undo many of the harmful provisions in the Trump Title IX rule. The new Biden rule will take effect on August 1, 2024. When you hear the words Title IX and punishment, what do you think of? I think of my former clients who were... |
1993 |
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Elaine Craig |
Trans-phobia and the Relational Production of Gender |
18 Hastings Women's Law Journal 137 (Summer 2007) |
In 1431, Joan of Arc, a nineteen-year-old cross-dresser, was burned alive at the stake because she refused to stop dressing in men's clothing. Nearly six centuries later, in 2002, Gwen Araujo, a seventeen-year-old male-to-female transsexual, was strangled to death by two men who later claimed what can be described as a trans panic defense because...; Search Snippet: ...Summer 2007 Article TRANS-PHOBIA AND THE RELATIONAL PRODUCTION OF GENDER Elaine Craig [FNa1] Copyright (c) 2007 UC Hastings College of... |
1993 |
Yes |
African/Black American |
Walter “Trey” Stock |
United States V. Scrushy and its Impact on Criminal Prosecutions under the Certification Requirements of Sarbanes-oxley |
13 Texas Wesleyan Law Review 239 (Fall 2006) |
I. Introduction. 239 II. The Enron Firestorm--The Impetus Behind Sarbanes-Oxley. 241 A. The Certification Requirements of Sarbanes-Oxley. 244 B. Appraisal of Internal Controls Requirement. 244 C. Other Sarbanes-Oxley Provisions. 246 D. The Government's Success Leading up to United States v. Scrushy. 247 III. HealthSouth and the Case Against Richard...; Search Snippet: ...bench behind the defense table. Within a few minutes, five African- American men and women of faith joined hands with Richard and Leslie... |
1993 |
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African/Black American |
Ion Meyn |
WHITE-ON-BLACK CRIME: REVISITING THE CONVICT LEASING NARRATIVE |
2024 Wisconsin Law Review 533 (2024) |
Between 1880 and 1915, the Southern criminal legal system enslaved and re-enslaved legally emancipated Black persons. Under the conventional account of this period, the law facilitated and legitimatized these practices, however odious and racially discriminatory. This view--one that critiques as it accepts the legality of the system--provides an... |
1993 |
Yes |
|
Samantha C. Pownall |
CENTERING STUDENTS' RIGHTS IN OUR DEMOCRACY: A CASE STUDY FROM MARYLAND'S EASTERN SHORE |
57 Family Law Quarterly 147 (2023-2024) |
Across the country, state legislators and school districts have invoked parents' rights to justify attempts to limit discussions of race, sexual orientation, gender, and history, including African American history and slavery, in public schools. These efforts are part of a larger far-right movement to strip away human and civil rights that have... |
1992 |
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Kim Taylor-Thompson |
Girl Talk--examining Racial and Gender Lines in Juvenile Justice |
6 Nevada Law Journal 1137 (Spring 2006) |
Much of the talk about juvenile justice in the United States centers on the plight of young men of color: for good reason. Their disproportionate presence in the system warrants, at a minimum, close examination and candid conversation. As critical as that discussion remains, it may be deflecting attention from the fastest growing segment of the...; Search Snippet: ...Legal Representation of Children Article GIRL TALK--EXAMINING RACIAL AND GENDER LINES IN JUVENILE JUSTICE Kim Taylor-Thompson [FNa1] Copyright ©... |
1992 |
Yes |
African/Black American |
Carolyn B. Ramsey |
Intimate Homicide: Gender and Crime Control, 1880-1920 |
77 University of Colorado Law Review 101 (Winter 2006) |
The received wisdom, among feminists and others, is that historically the criminal justice system tolerated male violence against women. This article dramatically revises feminist understanding of the legal history of public responses to intimate homicide by showing that, in both the eastern and the western United States, men accused of killing...; Search Snippet: ...University of Colorado Law Review Winter 2006 Article INTIMATE HOMICIDE: GENDER AND CRIME CONTROL, 1880-1920 Carolyn B. Ramsey [FNa1] Copyright... |
1992 |
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African/Black American |
Steven Goldberg |
Kennewick Man and the Meaning of Life |
2006 University of Chicago Legal Forum 275 (2006) |
When Native Americans and scientists clashed over ownership of the ancient remains of Kennewick Man it was, in part, a dispute between the needs of traditional culture and the needs of the modern research establishment. Native Americans demanded the reburial of Kennewick Man whereas scientists wanted to analyze the ancient remains. But more was at...; Search Snippet: ...Forum 2006 Law and Life: Definitions and Decisionmaking Article KENNEWICK MAN AND THE MEANING OF LIFE Steven Goldberg [FNd1] Copyright © 2006 by The University of Chicago; Steven Goldberg When Native Americans and scientists clashed over ownership of the ancient remains of Kennewick Man it was, in part, a dispute between the needs of... |
1992 |
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African/Black American |
Prof. Esther Vicente |
Las Reformas Jurídicas Y El Rejuego Del Poder: Mujer, Desigualdad Y Derecho |
40 Revista Juridica Universidad Interamericana de Puerto Rico 497 (Junio-Julio, 2006) |
Pareciera que el Siglo XXI ha convocado a los juristas en Puerto Rico a poner al día los códigos que, sin mucho cambio al pasar el tiempo, han regido o pretendido regir, la cotidianidad de la vida en nuestro país. Recientemente se adoptó un nuevo Código Penal y al presente discutimos propuestas de cambio para los diversos libros del Código Civil....; Search Snippet: ...sobre las mujeres y la pobreza incluidas en este trabajo son una elaboración de mi conferencia presentada en el Seminario en... |
1992 |
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African/Black American |
Brandon Alston , Department of Sociology, The Ohio State University, Evanston, IL, USA, Email: Alston.113@osu.edu |
RECOGNIZING "CAMERA CUES": POLICING, CELLPHONES AND CITIZEN COUNTERSURVEILLANCE |
58 Law and Society Review 216 (June, 2024) |
I appreciate the generative feedback from participants in the Race and Society Workshop, Crime, Law, and Society Workshop and the Culture and Society Workshop at Northwestern University. I am grateful for the comments that I received from Northwestern faculty, who followed this project at various stages: Gary Alan Fine, Wendy Griswold, John Hagan,... |
1992 |
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RIGHT TO A JURY TRIAL |
53 Georgetown Law Journal Annual Review of Criminal Procedure 653 (2024) |
Under the Sixth Amendment, criminal defendants have a right to trial by an impartial jury drawn from the state and district where the crime allegedly occurred. The right to a jury trial exists only in prosecutions for serious crimes, as distinguished from petty offenses. In determining whether a crime is serious under the Sixth Amendment, courts... |
1992 |
Yes |
|
Roy Whitehead, Jr. , Walter Block |
The Boy Scouts, Freedom of Association, and the Right to Discriminate: a Legal, Philosophical, and Economic Analysis |
29 Oklahoma City University Law Review 851 (Fall, 2004) |
In Dale v. Boy Scouts of America, the New Jersey Supreme Court decided that the Boy Scouts could not exclude Mr. Dale from serving as an adult leader because he was gay. However, the U.S. Supreme Court in Boy Scouts of America v. Dale concluded in a 5-4 decision that the Boy Scouts' First Amendment grounded freedom of association allowed them to...; Search Snippet: ...REVIEW Oklahoma City University Law Review Fall, 2004 Article THE BOY SCOUTS, FREEDOM OF ASSOCIATION, AND THE RIGHT TO DISCRIMINATE: A... |
1992 |
Yes |
Asian American |
Kindaka Sanders |
THE RED PILL: CRITICAL RACE THEORY, OSTRICH LAWS, AND THE 14TH AMENDMENT RIGHT TO FREE AND EQUAL THOUGHT AND DIGNITY |
55 Saint Mary's Law Journal 147 (2024) |
I. Introduction. 148 II. Critical Race Theory. 157 III. Ostrich Laws. 164 IV. The Enlightenments. 170 A. The European Enlightenment. 170 B. American Enlightenment. 177 C. Freemasonry and the Founding Fathers. 190 V. The American Matrix. 204 VI. The First Amendment Right to Receive Information. 210 VII. Fourteenth Amendment Right to Free and Equal... |
1992 |
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Elizabeth Sepper , Lindsay F. Wiley |
THE RELIGIOUS LIBERTY CHALLENGE TO AMERICAN-STYLE SOCIAL INSURANCE |
58 U.C. Davis Law Review 257 (November, 2024) |
This Article argues that escalating religious challenges to the Affordable Care Act (ACA) form a major new vector in the campaign against social insurance in the United States. Where early constitutional challenges urging a libertarian ethos of you're on your own largely failed, religious claimants are succeeding with a traditionalist... |
1992 |
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