| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Marc-Tizoc González |
CRITICAL ETHNIC LEGAL HISTORIES: UNEARTHING THE INTERRACIAL JUSTICE OF FILIPINO AMERICAN AGRICULTURAL LABOR ORGANIZING |
3 UC Irvine Law Review 991 (December, 2013) |
I. Introduction--Filipino and Mexican Solidarity Sparks the Great Delano Grape Strike of September 1965. 992 II. From Law Stories to Critical Ethnic Legal Histories. 1004 A. Theoretical Interventions--Critical Outsider Jurisprudence and Comparative Ethnic Studies. 1007 B. The Unwritten Histories of California Legal Advocacy Organizations. 1017 C.... |
2013 |
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| Victor D. Quintanilla |
CRITICAL RACE EMPIRICISM: A NEW MEANS TO MEASURE CIVIL PROCEDURE |
3 UC Irvine Law Review 187 (May, 2013) |
Introduction. 188 I. Social Psychological Theory. 196 II. An Updated Analysis of Iqbal's Effect on Race Discrimination Claims. 201 A. Method. 202 B. Results. 205 Study 1: Has Iqbal Increased the Dismissal Rate for Black Plaintiffs' Claims of Race Discrimination in the Workplace?. 205 Study 2: Did White and Black Judges Decide Motions to Dismiss... |
2013 |
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| Vinay Harpalani |
DESI CRIT: THEORIZING THE RACIAL AMBIGUITY OF SOUTH ASIAN AMERICANS |
69 New York University Annual Survey of American Law 77 (2013) |
This Article analyzes the racial ambiguity of South Asian Americans--peoples whose ancestry derives from the Indian subcontinent--and has two major aims. First, it provides a comprehensive account of the racialization of South Asian Americans (Desi) a group that legal scholars have not considered at any length in the rubric of American racial... |
2013 |
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| Kim Forde-Mazrui |
DOES RACIAL DIVERSITY PROMOTE CULTURAL DIVERSITY?: THE MISSING QUESTION IN FISHER V. UNIVERSITY OF TEXAS |
17 Lewis & Clark Law Review 987 (2013) |
In Fisher v. University of Texas, the Supreme Court declined to revisit the constitutionality of race-based admissions policies in higher education. The Court instead remanded the case to the lower court to re-evaluate whether the University's use of race as an admissions factor is necessary to achieve the benefits of student-body diversity. The... |
2013 |
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| Ange-Marie Hancock |
EMPIRICAL INTERSECTIONALITY: A TALE OF TWO APPROACHES |
3 UC Irvine Law Review 259 (May, 2013) |
I. Introduction. 259 A. An Abbreviated History of the Intersectional Turn. 261 B. The Standard Approach: Intersectionality as Testable Explanation. 268 C. A Net Effects Analysis of Intersectional Support for a Gay Marriage Ban. 270 D. Pragmatic Uses of the Intersectionality-as-Testable-Explanation Approach. 275 E. Limitations of the... |
2013 |
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| Loftus C. Carson, II |
EMPLOYMENT OPPORTUNITIES AND CONDITIONS FOR THE AFRICAN-AMERICAN LEGAL PROFESSORIATE: PERSPECTIVES FROM THE INSIDE |
19 Texas Journal on Civil Liberties & Civil Rights 1 (Fall 2013) |
I. Introduction. 3 A. The Study. 6 B. The Importance of Racial Diversity in the Professoriate of American Law Schools. 8 II. Background. 11 A. Some Historical Perspective on Faculty Ethnicity in American Institutions of Higher Education. 11 B. An Overview of the Experiences of Higher Education Faculty of Color. 12 C. An Overview of the American Law... |
2013 |
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| Osagie K. Obasogie |
FOREWORD: CRITICAL RACE THEORY AND EMPIRICAL METHODS |
3 UC Irvine Law Review 183 (May, 2013) |
Legal scholarship has engaged interdisciplinarity for over 100 years. Legal Realism. Sociological Jurisprudence. Law and Society. Critical Legal Studies. These are just a few of the labels applied to approaches that attempt to move beyond presumptions that legal doctrine and decision making are coherent and consistent in and of themselves... |
2013 |
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| Daniel L. Hatcher |
FORGOTTEN FATHERS |
93 Boston University Law Review 897 (May, 2013) |
Introduction. 898 I. Poor Fathers as Constants: Unworthy of Assistance, Worthy of Blame. 901 A. Fathers as Unworthy Poor. 901 B. Fathers as Poverty's Cause. 905 C. The Harm of Essentialism. 906 II. Incorrect System Equations. 908 A. Child Support and Public Assistance. 908 B. Family Courts and Paternity Dockets. 910 C. The Criminal Justice System.... |
2013 |
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| Ann C. McGinley , Frank Rudy Cooper |
IDENTITIES CUBED: PERSPECTIVES ON MULTIDIMENSIONAL MASCULINITIES THEORY |
13 Nevada Law Journal 326 (Winter 2013) |
We spent much of the last three years conceiving of and producing our edited collection, Masculinities and the Law: A Multidimensional Approach. Creating the book entailed surveying the most important masculinities work touching on law by scholars in both law and the social sciences. We then switched gears and solicited legal scholars of gender,... |
2013 |
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| Julian Lim |
IMMIGRATION, ASYLUM, AND CITIZENSHIP: A MORE HOLISTIC APPROACH |
101 California Law Review 1013 (August, 2013) |
Despite obvious overlaps between immigration law, refugee law, and citizenship, legal scholars have tended to disaggregate them, studying them in isolation. This Article brings refugee law in closer conversation with both immigration law and citizenship by presenting the previously unknown history of Pershing's Chinese refugees: 522 Chinese... |
2013 |
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| Mona Lynch |
INSTITUTIONALIZING BIAS: THE DEATH PENALTY, FEDERAL DRUG PROSECUTIONS, AND MECHANISMS OF DISPARATE PUNISHMENT |
41 American Journal of Criminal Law 91 (Winter 2013) |
I. Introduction. 91 II. Two Contemporary Systems of Punishment. 93 A. The Federal Sentencing System in the Guidelines Era. 93 B. The Modern American Capital Sentencing System. 97 III. What is (Institutionalized) Racial Bias?. 100 A. Predominant Social Scientific Perspectives on Racism. 100 B. Contemporary Legal Understandings of Racism. 103 C.... |
2013 |
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| Carroll Seron, Susan Bibler Coutin, Pauline White Meeusen |
IS THERE A CANON OF LAW AND SOCIETY? |
9 Annual Review of Law and Social Science 287 (2013) |
jurisprudence, sociolegal studies, law and society, disputing As an interdisciplinary field, law and society has an ambivalent relationship with the notion of a canon: Being a field requires having a recognized set of key texts, even as this particular field's critique of doctrinal legal analysis creates an openness toward alternative perspectives.... |
2013 |
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| Dorothy E. Roberts |
LAW, RACE, AND BIOTECHNOLOGY: TOWARD A BIOPOLITICAL AND TRANSDISCIPLINARY PARADIGM |
9 Annual Review of Law and Social Science 149 (2013) |
biotechnologies, biopolitics, genomics, race, social justice For example, in 2005, the US Food and Drug Administration (FDA) approved the first racially labeled drug, BiDil, to treat heart failure in self-identified African American patients (Kahn 2013). Eggs and sperm are solicited and sold according to race in the marketplace of... |
2013 |
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| Margaret E. Montoya |
MÁSCARAS Y TRENZAS: REFLEXIONES UN PROYECTO DE IDENTIDAD Y ANÁLISIS A TRAVÉS DE VEINTE ADNOS |
36 Harvard Journal of Law & Gender 469 (Summer 2013) |
On the street at night I whistled popular tunes from the Beatles and Vivaldi's Four Seasons. The tension drained from people's bodies when they heard me. Brent Staples, quoted by Claude M. Steele From their inception, names--including first names, surnames, names of groups, and even story, book, and academic article titles--are embedded with... |
2013 |
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| Jonathan Feingold , Doug Souza |
MEASURING THE RACIAL UNEVENNESS OF LAW SCHOOL |
15 Berkeley Journal of African-American Law & Policy 71 (2013) |
Consider the following hypothetical. Two law students recently completed their first year at a prestigious American law school. The first student, Anne, is a single mother of two young children, Erin and Max. Anne receives several loans that cover the majority of her law school fees, but must also work part-time to cover living expenses for herself... |
2013 |
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| Athena D. Mutua |
MULTIDIMENSIONALITY IS TO MASCULINITIES WHAT INTERSECTIONALITY IS TO FEMINISM |
13 Nevada Law Journal 341 (Winter 2013) |
This Article explores the intellectual history of the emergence and pairing of multidimensionality theory and masculinities theory in the legal academy as tools for analyzing men's experiences, practices, powers, and lives. It argues that the pairing of these two theories--as opposed to a pairing of intersectional theory and masculinities... |
2013 |
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| Anthony V. Alfieri, Angela Onwuachi-Willig |
NEXT-GENERATION CIVIL RIGHTS LAWYERS: RACE AND REPRESENTATION IN THE AGE OF IDENTITY PERFORMANCE |
122 Yale Law Journal 1484 (April, 2013) |
This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights... |
2013 |
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| Angela Onwuachi-Willig |
ON DERRICK BELL AS PIONEER AND TEACHER: TEACHING US HOW TO HAVE THE NERVE |
36 Seattle University Law Review xlii (Spring, 2013) |
In a March 5, 1943, letter, Zora Neale Hurston, author of the critically acclaimed Their Eyes Were Watching God, wrote a letter that discussed racism, segregation, the hypocrisy of white liberals, and what she viewed as the flawed strategies of black civil rights leaders to her friend, Countee Cullen, a prominent black poet during the Harlem... |
2013 |
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| Robin Walker Sterling |
ON SURVIVING LEGAL DE-EDUCATION: AN ALLEGORY FOR A RENAISSANCE IN LEGAL EDUCATION |
91 Denver University Law Review 211 (2013) |
They had done it. After three long years, three of the members of the graduating class of 2035 of Denver Law sat together over burgers at Crimson & Gold, the local student hangout that had sustained them through countless hours of studying, memorizing, outlining, and learning. Geneva Johnson could not believe that she had just graduated from law... |
2013 |
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| Brett Hammon |
PLAYING THE RACE CARD: WHITE AMERICANS' SENSE OF VICTIMIZATION IN RESPONSE TO AFFIRMATIVE ACTION |
19 Texas Hispanic Journal of Law and Policy 95 (Spring 2013) |
Abstract: They marched on Washington to reclaim civil rights. They complained of voter intimidation at the polls. They called for ethnic studies programs to promote racial pride. They are, some say, the new face of racial oppression in this nation--and their faces are [W]hite. A 2011 poll indicates that Whites have now come to view anti-White... |
2013 |
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| Janine Young Kim |
POSTRACIALISM: RACE AFTER EXCLUSION |
17 Lewis & Clark Law Review 1063 (2013) |
This Article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation's founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among... |
2013 |
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| Richard Delgado |
PRECIOUS KNOWLEDGE: STATE BANS ON ETHNIC STUDIES, BOOK TRAFFICKERS (LIBROTRAFICANTES), AND A NEW TYPE OF RACE TRIAL |
91 North Carolina Law Review 1513 (June, 2013) |
The rapid growth of populations of color, particularly relatively young groups like Latinos, has generated an increasing number of conflicts over schools and schooling. One such controversy erupted in Tucson, Arizona, over a successful Mexican American Studies program in the public schools. The controversy featured accusations that the program was... |
2013 |
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| Tanya Asim Cooper |
RACIAL BIAS IN AMERICAN FOSTER CARE: THE NATIONAL DEBATE |
97 Marquette Law Review 215 (Winter, 2013) |
In disproportionately high numbers, Native American and African American children find themselves in the American foster care system. Empirical data establish that these children are removed from their families at greater rates than other races and stay in foster care longer, where they are often abused, neglected, and then severed from their... |
2013 |
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| Deborah Zalesne |
RACIAL INEQUALITY IN CONTRACTING: TEACHING RACE AS A CORE VALUE |
3 Columbia Journal of Race and Law 23 (2013) |
Today's students live in an era that dominant social voices declare to be a post-racial society. Issues of discrimination, it follows, are simply isolated incidents easily addressed by the panoply of existing civil rights laws. This belief creates expectations on the part of first-year law students who may dismiss or ignore the existence of... |
2013 |
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| Julian Lim |
RECONCEPTUALIZING ASIAN PACIFIC AMERICAN IDENTITY AT THE MARGINS |
3 UC Irvine Law Review 1151 (December, 2013) |
Introduction. 1151 I. Asian Pacific American Identity Formation. 1152 A. Birth of the Asian American Movement. 1152 B. Asian American Jurisprudence. 1154 II. Reconceptualizing Asian Pacific American Identity Through Transnational Immigration History and Law. 1156 A. Transnational Perspectives. 1157 B. Asians in the Americas--Regulating Race and... |
2013 |
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| Robert S. Chang |
THE INVENTION OF ASIAN AMERICANS |
3 UC Irvine Law Review 947 (December, 2013) |
Introduction. 947 I. Race Is What Race Does. 950 II. The Invention of the Asian Race. 952 III. The Invention of Asian Americans. 956 IV. Racial Triangulation, Affirmative Action, and the Political Project of Constructing Asian American Communities. 959 Conclusion. 964 |
2013 |
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| Meera E. Deo |
TWO SIDES OF A COIN: SAFE SPACE & SEGREGATION IN RACE/ETHNIC-SPECIFIC LAW STUDENT ORGANIZATIONS |
42 Washington University Journal of Law & Policy 83 (2013) |
American racism and discrimination continue to plague our institutions of higher education. Predominantly white law school environments are especially notable for being inhospitable and unfriendly, especially for students of color. Many law students of color create and join race/ethnic-specific organizations in order to receive support on otherwise... |
2013 |
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| Jennifer Lisa Vest, PhD |
WHAT DOESN'T KILL YOU: EXISTENTIAL LUCK, POSTRACIAL RACISM, AND THE SUBTLE AND NOT SO SUBTLE WAYS THE ACADEMY KEEPS WOMEN OF COLOR OUT |
12 Seattle Journal for Social Justice 471 (Fall/Winter, 2013) |
The University killed me. Don't let them do this to you. - Professor Barbara Christian I was sitting on the curb, surrounded by cops, with my feet in the street when the ambulances arrived. The small Latina paramedic crouched down to take my pulse and blood pressure. She looked alarmed and signaled for the gurney. I can walk, I offered,... |
2013 |
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| Nancy E. Dowd |
WHAT MEN?: THE ESSENTIALIST ERROR OF THE "END OF MEN" |
93 Boston University Law Review 1205 (May, 2013) |
Introduction. 1205 I. The Context of Black Boys: Funneling Toward Subordination. 1207 A. The Early Years: Poverty, Income Support, and Child Welfare. 1210 B. School: Gendering the Racial Gap. 1216 C. Juvenile Justice: The Injustice System. 1222 D. Employment: Foreclosed Opportunity. 1226 II. Implications: Levels of Inequalities. 1229 III.... |
2013 |
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| Linda H. Edwards |
WHERE DO THE PROPHETS STAND? HAMDI, MYTH, AND THE MASTER'S TOOLS |
13 Connecticut Public Interest Law Journal 43 (Fall-Winter, 2013) |
Imagine an ancient walled city. Inside the walls, the city's inhabitants busily go about their work. They have routines. They have a common language. They do not always agree with each other, but they meet in common places and use accepted methods and procedures to decide the city's issues. Outside the wall stands a small group of prophets. The... |
2013 |
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| George Lipsitz |
"IN AN AVALANCHE EVERY SNOWFLAKE PLEADS NOT GUILTY": THE COLLATERAL CONSEQUENCES OF MASS INCARCERATION AND IMPEDIMENTS TO WOMEN'S FAIR HOUSING RIGHTS |
59 UCLA Law Review 1746 (August, 2012) |
In our society, individual acts of intentional discrimination function in concert with historically created vulnerabilities; these vulnerabilities are based on disfavored identity categories and amplify each injustice and injury. Although anyone can be a victim of housing discrimination, women of color suffer distinct collateral injuries from... |
2012 |
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| Reginald Leamon Robinson |
"PRECIOUS": A TALE OF THREE EXPLANATIONS FOR CHILDHOOD MALTREATMENT |
1 Columbia Journal of Race and Law 434 (July, 2012) |
Precious describes a fictional child's life, in which the parents severely maltreat her. Historically, society gave parents the right to assault their children's bodies, if those assaults were not abuse but discipline. Traditionally, constitutional analysis enshrined those rights, and parents had autonomy to rear and discipline their children as... |
2012 |
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| Caroline Joan S. Picart |
A TANGO BETWEEN COPYRIGHT AND CHOREOGRAPHY: WHITENESS AS STATUS PROPERTY IN BALANCHINE'S BALLETS, FULLER'S SERPENTINE DANCE AND GRAHAM'S MODERN DANCES |
18 Cardozo Journal of Law & Gender 685 (Spring 2012) |
The stage is dark, but in one corner, in the shadows, kneels the curved, still body of a man. His silhouette shows his face buried in his palms, as if in anguish, as if remembering . . . or as if dreaming. Out of the darkness behind him, in a single shaft of light, steps the figure of a young girl. Her hair is loose, her white gown is flowing and... |
2012 |
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| Lilian Jiménez |
AMERICA'S LEGACY OF XENOPHOBIA: THE CURIOUS ORIGINS OF ARIZONA SENATE BILL 1070 |
48 California Western Law Review 279 (Spring 2012) |
The anger, the hatred, the bigotry that goes on in this country is getting to be outrageous . . . [a]nd unfortunately, Arizona I think has become sort of the capital. We have become the mecca for prejudice and bigotry. . . . I think it's time as a country that we do a little soul-searching. Because I think it's the vitriolic rhetoric that we hear... |
2012 |
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| George A. Martínez |
ARIZONA, IMMIGRATION, AND LATINOS: THE EPISTEMOLOGY OF WHITENESS, THE GEOGRAPHY OF RACE, INTEREST CONVERGENCE, AND THE VIEW FROM THE PERSPECTIVE OF CRITICAL THEORY |
44 Arizona State Law Journal 175 (Spring 2012) |
I. Introduction. 176 II. A Critical Perspective on Arizona and the New Immigration Law and Other Laws Impacting Latinos. 179 A. The Epistemology of Whiteness and the Creation of a White Geography or Space in Arizona. 180 B. The Outlawing of Ethnic Studies in Arizona and the Segregation of Knowledge as a Corollary to the Establishment of a White... |
2012 |
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| Steven W. Bender , Francisco Valdes |
AT AND BEYOND FIFTEEN--MAPPING LATCRIT THEORY, COMMUNITY, AND PRAXIS |
22 Berkeley La Raza Law Journal 301 (2012) |
I. Introduction. 302 II. Taking Stock: LatCrit at Fifteen. 304 A. Critical Roots: LatCrit Theory, Praxis, and Community, 1995-2010. 304 1. OutCrit Democracy in Theory and Practice: Values, Functions, Guideposts, and Postulates. 305 2. The LatCrit Record: Highlights and Shortfalls in Substance and Method . 311 a. Substantive Highlights: Lats... |
2012 |
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| Joshua D. Wright, Douglas H. Ginsburg |
BEHAVIORAL LAW AND ECONOMICS: ITS ORIGINS, FATAL FLAWS, AND IMPLICATIONS FOR LIBERTY |
106 Northwestern University Law Review 1033 (Summer 2012) |
Abstract--Behavioral economics combines economics and psychology to produce a body of evidence that individual choice behavior departs from that predicted by neoclassical economics in a number of decisionmaking situations. Emerging close on the heels of behavioral economics over the past thirty years has been the behavioral law and economics... |
2012 |
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| Richard Delgado |
CENTENNIAL REFLECTIONS ON THE CALIFORNIA LAW REVIEW'S SCHOLARSHIP ON RACE: THE STRUCTURE OF CIVIL RIGHTS THOUGHT |
100 California Law Review 431 (April, 2012) |
The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but... |
2012 |
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| Caroline Joan (“Kay”) S. Picart |
COLLOQUIUM PROCEEDINGS: CRITICAL PEDAGOGY, RACE/GENDER & INTELLECTUAL PROPERTY |
48 California Western Law Review 493 (Spring 2012) |
The vantage point from which I engage LatCrit XVI's emphases on Global Justice: Theories, Histories, Futures is rooted personally, as a body and entity marked by multiple hybridities, but also as a trained philosopher concerned with metaphysical and ethical questions of truth in relation to the generation of narratives. In other words, I engage... |
2012 |
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| Anthony Paul Farley |
CRITICAL RACE THEORY AND MARXISM: TEMPORAL POWER |
1 Columbia Journal of Race and Law 247 (July, 2012) |
Hope is the thing with feathers That perches in the soul-- And sings the tune without the words-- And never stops--at all-- Modern progress is the thing with feathers. Cruelty to children is its line of flight. It never stops--at all. But it never gets anywhere. And if it is true that it never asks for anything, that is only because it has... |
2012 |
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| Reginald Leamon Robinson |
DARK SECRETS: OBEDIENCE TRAINING, RIGID PHYSICAL VIOLENCE, BLACK PARENTING, AND REASSESSING THE ORIGINS OF INSTABILITY IN THE BLACK FAMILY THROUGH A RE-READING OF FOX BUTTERFIELD'S ALL GOD'S CHILDREN |
55 Howard Law Journal 393 (Winter 2012) |
INTRODUCTION. 394 I. BAD NIGGERS AND THE EVIL IMPULSIVENESS GENE: MISREADING THE ETIOLOGY OF WILLIE JAMES BOSKET'S RAGE AND RESENTMENT. 403 II. BLINDED SCHOLARS AND BLACK FAMILY INSTABILITY: ANALYSES THAT MUST NEVER FAULT WELL-MEANING PARENTS. 425 III. I'M NO AVERAGE CAT: SELF-ANNIHILATING BAD NIGGERS, EXPURGATING EMASCULAT- ING BLACK... |
2012 |
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| Amber Fricke , Angela Onwuachi-Willig |
DO FEMALE "FIRSTS" STILL MATTER? WHY THEY DO FOR FEMALE JUDGES OF COLOR |
2012 Michigan State Law Review 1529 (2012) |
Introduction. 1529 I. Women in the Judiciary: A History of Challenges and Progress. 1532 A. The State of Gender in the Federal Judiciary. 1532 B. The Continued Challenges and Difficulties of Being a Female Judge. 1533 II. A Bleaker Landscape for Women of Color Judges. 1536 III. The Need for More Women of Color in the Federal Judiciary (Without... |
2012 |
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| Daniel L. Hatcher |
DON'T FORGET DAD: ADDRESSING WOMEN'S POVERTY BY RETHINKING FORCED AND OUTDATED CHILD SUPPORT POLICIES |
20 American University Journal of Gender, Social Policy and the Law 775 (2012) |
Introduction. 775 I. Modern Day Bastardy Acts. 777 A. Historical Treatment of Children and Unwed Parents. 778 B. Child Support Cooperation Requirements Today. 779 1. TANF and Other Public Assistance. 780 2. Impact of Forced Paternity and Child Support. 781 C. Incarcerated Fathers.. 784 D. Interaction with the Child Welfare System. 785 II. Gender,... |
2012 |
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| Carlton Waterhouse |
DR. KING'S SPEECH: SURVEYING THE LANDSCAPE OF LAW AND JUSTICE IN THE SPEECHES, SERMONS, AND WRITINGS OF DR. MARTIN LUTHER KING, JR. |
30 Law & Inequality: A Journal of Theory and Practice 91 (Winter 2012) |
The belief that an essential relationship exists between law and justice has been recognized since the time of the ancient Greeks. In fact, the concept extends well beyond Western philosophy and jurisprudence. Distinct from other aspects of justice, the relationship between law and justice considers the nature of law and its dictates, as well as... |
2012 |
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| Mitchell F. Crusto |
EMPATHIC DIALOGUE: FROM FORMALISM TO VALUE PRINCIPLES |
65 SMU Law Review 845 (Fall 2012) |
In response to a recent call for heightened attention to judicial ethics and quality judicial decision making, this Article posits the idea that judges should engage in empathic dialogue, a judicial discipline, to achieve empathic constitutionality--a set of value choices that attend to the real world effects of their decisions on people. It seeks... |
2012 |
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| Steven W. Bender |
EN PAZ DESCANSE: REMEMBERING KEITH AOKI'S CONTRIBUTIONS TOWARD LATINA/O EQUALITY |
90 Oregon Law Review 1265 (2012) |
In memorializing and celebrating Keith's treasure trove of scholarly contributions, we organized the Oregon Symposium around the three subjects of intellectual property, Asian American jurisprudence, and critical geography/local government. Still, it was impossible to capture the breadth and depth of Keith's scholarly work in three panels, in a... |
2012 |
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| Charles Falck |
EQUITABLE ACCESS: EXAMINING INFORMATION ASYMMETRY IN REVERSE REDLINING CLAIMS THROUGH CRITICAL RACE THEORY |
18 Texas Journal on Civil Liberties & Civil Rights 101 (Fall, 2012) |
I. Introduction. 101 II. Reverse-Redlining Claims. 103 A. Evidence that Minority Borrowers Suffered More, the Fair Housing Act, and Reverse-Redlining Plaintiffs. 103 B. Varying Tests Adopted for Stating a Reverse-Redlining Claim. 105 C. Recommendations for Judges Deciding Reverse-Redlining Claims. 109 III. Supporting the New Standard Through... |
2012 |
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| Jill D. Weinberg , Laura Beth Nielsen |
EXAMINING EMPATHY: DISCRIMINATION, EXPERIENCE, AND JUDICIAL DECISIONMAKING |
85 Southern California Law Review 313 (January, 2012) |
I. INTRODUCTION. 314 II. ASSESSING DISCRIMINATION: THREE PERSPECTIVES ON JUDICIAL DECISIONMAKING. 321 A. The Empathetic Perspective. 324 B. The Liberal Legal Perspective. 327 C. The Political Perspective. 328 III. AN EMPIRICAL ANALYSIS OF FEDERAL DISTRICT COURT JUDGES AND DISCRIMINATION. 330 A. Data Collection. 330 B. Statistical Models and... |
2012 |
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| Donna E. Young |
EXPLORING THE BOUNDARIES OF ANTIDISCRIMINATION LAW AND EQUALITY IN THE GLOBAL WORKPLACE |
22 Berkeley La Raza Law Journal 215 (2012) |
In the United States, we are accustomed to thinking of our federal Constitution as a near-sacred piece of drafting genius, and that our antidiscrimination laws are among the most successful in the world. Nonetheless, whatever one thinks about the words contained in these important sources of American equality jurisprudence, it is unfortunately the... |
2012 |
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| Mae C. Quinn |
FEMINIST LEGAL REALISM |
35 Harvard Journal of Law & Gender 1 (Winter 2012) |
Introduction. 1 I. The Standard Legal Realist Story: A Genealogy. 5 A. A History of Elite Men Searching for a Practical Jurisprudence. 6 B. The Unfolding of the Traditional Male-Centered Tale. 13 1. Law and Society Movement. 13 2. Critical Legal Studies. 16 C. Women and Feminist Jurisprudence: The Turn Away From (and Toward) Legal Realism. 18 II.... |
2012 |
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