AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Adrien Katherine Wing CONCEPTUALIZING GLOBAL SUBSTANTIVE JUSTICE IN THE AGE OF OBAMA 13 Journal of Gender, Race and Justice 705 (Spring 2010) The election of Barack Obama as the forty-fourth President of the United States has given hope to many in the United States that our nation could be on the verge of a new era. The U.S. government should seriously address many of the lingering inequities that have plagued its people since the founding of the United States--racism, sexism,... 2010  
Bennett Capers CRIME MUSIC 7 Ohio State Journal of Criminal Law 749 (Spring, 2010) There is a small but rich history of legal scholars drawing uncommon connections between music and the law. Professor Jerome Frank argued that understanding the work musicians do when they interpret a musical composition can help us better understand the work judges do when they interpret rules and statutes, and when they engage in fact finding.... 2010  
Beverly I. Moran DISAPPEARING ACT: THE LACK OF VALUES TRAINING IN LEGAL EDUCATION - A CASE FOR CULTURAL COMPETENCY 38 Southern University Law Review 1 (Fall, 2010) More than one hundred years ago United States higher education changed in response to European universities from institutions that civilized elite young males into centers for the production of knowledge. The new science centered United States university altered both undergraduate and professional education. Prior to the late nineteenth century,... 2010  
Osagie K. Obasogie DO BLIND PEOPLE SEE RACE? SOCIAL, LEGAL, AND THEORETICAL CONSIDERATIONS 44 Law and Society Review 585 (September/December, 2010) Although the meaning, significance, and definition of race have been debated for centuries, one thread of thought unifies almost all of the many diverging perspectives: a largely unquestioned belief that race is self-evident and visually obvious, defined largely by skin color, facial features, and other visual cues. This suggests that seeing race... 2010  
Kathryn Abrams EMPATHY AND EXPERIENCE IN THE SOTOMAYOR HEARINGS 36 Ohio Northern University Law Review 263 (2010) For four days last summer, I felt I had taken a dizzying plunge down a rabbit hole and landed in a very strange place. The visual markers identified it as the U.S. Senate, exercising its advise and consent powers on the nomination of a new justice of the Supreme Court. But much of what I heard there seemed utterly baffling. A federal judge, who... 2010  
Harry G. Hutchison EMPLOYEE FREE CHOICE OR EMPLOYEE FORGED CHOICE? RACE IN THE MIRROR OF EXCLUSIONARY HIERARCHY 15 Michigan Journal of Race and Law 369 (Spring 2010) The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation to come before Congress since the enactment of the National Labor Relations Act of 1935 (NLRA). Putting the potential impact of the EFCA in historical perspective, one commentator contends that the NLRA marked the culmination of a systematic effort of... 2010  
Robert A. Kahn FLEMMING ROSE, THE DANISH CARTOON CONTROVERSY, AND THE NEW EUROPEAN FREEDOM OF SPEECH 40 California Western International Law Journal 253 (Spring 2010) I. A Brave (Yet Inclusive) New World of Freedom of Speech. 254 II. The Strange Career of Flemming Rose. 258 A. Flemming Rose, Denmark, and a Growing Fear of Radical Islam. 258 B. Rose Publishes the Cartoons and the Controversy Builds. 260 C. Rose in the Eye of the Storm. 263 D. Free Speech Celebrity. 265 E. Hero or Huckster?. 267 III. The... 2010  
Dean Spade FOR THOSE CONSIDERING LAW SCHOOL 6 Unbound: Harvard Journal of the Legal Left 111 (2010) I get several emails every week from people who want to go to law school or are trying to figure out if they want to go to law school. Most are queer or trans activists or people who want to somehow transform the world and end various harmful and horrible dynamics impacting people and communities they are a part of or care about. Because I talk on... 2010  
Nancy Ehrenreich FOREWORD: CONCEPTUALIZING SUBSTANTIVE JUSTICE 13 Journal of Gender, Race and Justice 533 (Spring 2010) In April 2009, in the midst of a freak, city-stopping spring snowstorm, the conference on Conceptualizing Substantive Justice was held at the University of Denver's Sturm College of Law. The nation was flush with optimism, and those on the left of the political spectrum felt particularly hopeful. Barack Obama's election just a few months earlier... 2010  
Harvey Gee FROM HALLWAY CORRIDOR TO HOMELESSNESS: TENANTS LACK RIGHT TO COUNSEL IN NEW YORK HOUSING COURT 17 Georgetown Journal on Poverty Law and Policy 87 (Winter, 2010) The New York City Housing Court (Housing Court) has been widely regarded as an ineffective institution that has not fulfilled its mandate of preserving the City's housing stock since its creation in 1972. Despite the Legislature's broad delegation of power to the Housing Court, it has never been accorded the stature or resources essential to... 2010  
Suzette M. Malveaux FRONT LOADING AND HEAVY LIFTING: HOW PRE-DISMISSAL DISCOVERY CAN ADDRESS THE DETRIMENTAL EFFECT OF IQBAL ON CIVIL RIGHTS CASES 14 Lewis & Clark Law Review 65 (Spring 2010) Although the Federal Rules of Civil Procedure are trans-substantive, they have a greater detrimental effect on certain substantive claims. In particular, the Supreme Court's recent interpretation of Rule 8(a)(2)'s pleading requirement and Rule 12(b)(6)'s dismissal criteria--in Bell Atlantic v. Twombly and Ashcroft v. Iqbal--sets forth a... 2010  
Michael S. Vastine GIVE ME YOUR TIRED, YOUR POOR . . . AND YOUR CONVICTED? TEACHING "JUSTICE" TO LAW STUDENTS BY DEFENDING CRIMINAL IMMIGRANTS IN REMOVAL PROCEEDINGS 10 University of Maryland Law Journal of Race, Religion, Gender and Class 341 (Fall 2010) Why do you want to participate in the immigration clinic? I asked the student, the fifth of twelve interviews I was conducting that spring day, as my teaching fellow and I sought to choose the incoming class of eight students for the next academic year. I am just totally committed to human rights, she replied. Her earnestness did not leave any... 2010  
Ernesto Hernández-López GUANTÁNAMO AS A "LEGAL BLACK HOLE": A BASE FOR EXPANDING SPACE, MARKETS, AND CULTURE 45 University of San Francisco Law Review 141 (Summer 2010) WHY DOES THE U.S. NAVAL Station at Guantánamo Bay, Cuba (Guantánamo or GTMO) appear as a legal black hole? It's been labeled a quirky outpost with an unusual jurisdictional status and an anomalous legal zone. After eight years, nearly 800 persons have been detained on the base. Cases from this year show that elemental legal questions... 2010  
Ernesto Hernández-López GUANTÁNAMO AS OUTSIDE AND INSIDE THE U.S.: WHY IS A BASE A LEGAL ANOMALY? 18 American University Journal of Gender, Social Policy and the Law 471 (2010) I. Intro. 471 II. Empire in Territorial Expansion, Wealth-Creation, and Cultural Superiority. 478 III. GTMO's Past: a Base for Empire's Space, Markets, and Culture. 484 A. Expanding Space and Flexible Borders with the Platt Amendment and Insular Cases. 484 B. A Base Protects Regional Markets and Global Power After 1898. 487 C. GTMO's Cultural... 2010  
Carol Izumi IMPLICIT BIAS AND THE ILLUSION OF MEDIATOR NEUTRALITY 34 Washington University Journal of Law and Policy 71 (2010) Plaintiff (P), the owner/operator of a carpet cleaning business, sued the defendant-homeowners for $500 in a breach of contract action for the unpaid balance of a $1,000 carpet cleaning agreement. Defendants (Ds or Mr. and Mrs. D) counterclaimed for the return of the $500 deposit they paid before work began. Ds hired P to dry out and clean the... 2010  
Rebecca Tsosie INDIGENOUS WOMEN AND INTERNATIONAL HUMAN RIGHTS LAW: THE CHALLENGES OF COLONIALISM, CULTURAL SURVIVAL, AND SELF-DETERMINATION 15 UCLA Journal of International Law and Foreign Affairs 187 (Spring 2010) As indigenous peoples move toward full realization of their right to self-determination, as affirmed by the text of the United Nations Declaration on the Rights of Indigenous Peoples, some have queried whether this will promote the ability of indigenous groups to violate the rights of vulnerable members, particularly women. International human... 2010  
Jeanne M. Woods INTRODUCTION: THEORETICAL INSIGHTS FROM THE CUTTING EDGE 104 American Society of International Law Proceedings 389 (March 24-27, 2010) This panel was convened at 12:45 p.m., Friday, March 26, by its moderator, Jeanne M. Woods of Loyola University College of Law, who introduced the panelists: Henry Richardson III of Temple University Beasley School of Law and Siba Grovogui of Johns Hopkins University. Balakrishnan (Raj) Rajagopal of the Massachusetts Institute of Technology,... 2010  
Dean Spade INTRODUCTION: TRANSGENDER ISSUES AND THE LAW 8 Seattle Journal for Social Justice 445 (Spring/Summer, 2010) This year, scholars and activists are marking the twentieth anniversary of the enunciation and analysis of intersectionality by legal theorist Kimberlé W. Crenshaw. The early 1990s also saw the emergence of some important galvanizing texts in what would come to be identified as trans studies and trans politics, especially Leslie Feinberg's... 2010  
Emily Albrink Hartigan JUST TALKING WITH THE FURNITURE 13 Journal of Gender, Race and Justice 615 (Spring 2010) Ma'am, trying to have a conversation with you would be like trying to argue with a dining room table. I have no interest in doing it.--Rep. Barney Frank Faced with a woman at a health care town hall in the contentious times of August, 2009, Representative Barney Frank made clear that someone carrying a picture of President Barack Obama with a... 2010  
David S. Cohen KEEPING MEN "MEN" AND WOMEN DOWN: SEX SEGREGATION, ANTI-ESSENTIALISM, AND MASCULINITY 33 Harvard Journal of Law & Gender 509 (Summer 2010) Introduction. 509 I. The Stubborn Persistence of Sex Segregation. 513 II. Gender, Antiessentialism, and Masculinities. 517 A. Gender and Antiessentialism. 517 B. Multiple Masculinities. 521 III. Hegemonic Masculinity. 522 A. Not Feminine. 525 B. Heterosexual. 528 C. Physically Aggressive. 532 IV. The Hegemony of Men. 535 A. The Category of Men .... 2010  
Marc-Tizoc González LATINA/O (PUBLIC/LEGAL) INTELLECTUALS, SOCIAL CRISES, AND CONTEMPORARY SOCIAL MOVEMENTS 18 American University Journal of Gender, Social Policy and the Law 787 (2010) I. Introduction. 787 II. Historicizing Inquiries About Latina/o Intellectuals. 789 A. Agents, Actors, and Subjects of History. 791 B. Gente de corazón - activistas y intelectuales. 794 1. Latina Labor Leaders. 795 2. Latino Journalists. 797 III. Conclusion. 799 2010  
Beth Caldwell LATINAS' EXPERIENCES IN RELATION TO GANGS: INTERSECTIONALITY OF RACE, CLASS, GENDER, AND THE STATE 2 Georgetown Journal of Law & Modern Critical Race Perspectives 19 (Spring, 2010) Women involved with gangs face gender bias and oppression at the micro, mezzo, and macro levels: within themselves and their families, within the gang subculture, at the community level, and through the state, as enacted by the law and its systems of enforcement. Gang-involved women face multiple experiences of victimization that occur within these... 2010  
Andrew W. Bribriesco LATINO/A PLAINTIFFS AND THE INTERSECTION OF STEREOTYPES, UNCONSCIOUS BIAS, RACE-NEUTRAL POLICIES, AND PERSONAL INJURY 13 Journal of Gender, Race and Justice 373 (Winter 2010) A man is driving down the street in his pickup truck. He is on his way to work. For twenty years, the man has taken the same route to the factory--he passes two large intersections on Highway One and turns right on Riverside Drive. While crossing the second intersection, another car fails to stop at the red light and crashes into the side of the... 2010  
Calvin Morrill, Lauren B. Edelman, Karolyn Tyson, Richard Arum LEGAL MOBILIZATION IN SCHOOLS: THE PARADOX OF RIGHTS AND RACE AMONG YOUTH 44 Law and Society Review 651 (September/December, 2010) In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model of legal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of... 2010  
With Richard Delgado, Jean Stefancic LIVING HISTORY INTERVIEW 19 Transnational Law & Contemporary Problems 221 (Winter 2010) One of the unique features of Transnational Law and Contemporary Problems (TLCP) is the publication of a Living History Interview with a person of international accomplishment and renown. The Living History Interview complements the symposium format of TLCP by blending theory and practice, thus giving a practical perspective to the questions... 2010  
Robert Rubinson MAPPING THE WORLD: FACTS AND MEANING IN ADJUDICATION AND MEDIATION 63 Maine Law Review 61 (2010) [N]o system of concepts that serves as an ordering structure can have categories, definitions, prototypes, principles, or what-have-you that are as numerous, variegated, and nuanced as the circumstances which bring the system into play. Anthony G. Amsterdam [I]f one's only tool is a key, then every problem will seem to be a lock. Diane Ackerman... 2010  
Frank Rudy Cooper MASCULINITIES, POST-RACIALISM AND THE GATES CONTROVERSY: THE FALSE EQUIVALENCE BETWEEN OFFICER AND CIVILIAN 11 Nevada Law Journal 1 (Fall 2010) Suppose you read in the newspaper that a police officer responded to a report of a potential break-in and that he subsequently arrested the homeowner. Would those be enough facts to explain why the arrest occurred? No? Let us assume the reporter added the following facts: The officer arrived at the home and found a person inside. The officer asked... 2010  
Neil Gotanda NEW DIRECTIONS IN ASIAN AMERICAN JURISPRUDENCE 17 Asian American Law Journal 5 (2010) Preface. 6 I. Introduction. 7 An Explanation of Terms: Narratives and Stereotypes. 10 II. Locating Asian American Jurisprudence in Legal Scholarship. 11 A. Asian American Identity. 11 1. Identification and Identity Projects. 12 2. Three Asian American Identity Projects. 14 B. Interrogation of Legal Materials. 17 1. Three Asian American Historical... 2010  
Andre Smith, Carlton Waterhouse NO REPARATION WITHOUT TAXATION: APPLYING THE INTERNAL REVENUE CODE TO THE CONCEPT OF REPARATIONS FOR SLAVERY AND SEGREGATION 7 Pittsburgh Tax Review 159 (Spring, 2010) Carlton: Andre, if you don't mind terribly, I'd like your opinion on the relationship between taxes and the concept of reparations generally and reparations to Blacks for slavery and segregation specifically. As you know, I have done considerable research and writing on the subject of reparations for slavery and segregation. Most scholarship... 2010  
The Introductory Comments of Francisco Valdes OF STATE, MARKET AND JUSTICE: LATCRITICAL CHALLENGES TO THEORY, PRAXIS AND POLICY 18 American University Journal of Gender, Social Policy and the Law 563 (2010) Anticipating the election of the first non-white male to the United States Presidency in November 2008, the organizers of the Fourteenth Annual LatCrit Conference (LatCrit XIV) selected a theme designed to invite timely critical thinking about the opportunities and pitfalls of that eventuality. Noting the biographical narrative of the nation's... 2010  
Ronald Turner ON PARENTS INVOLVED AND THE PROBLEMATIC PRAISE OF JUSTICE CLARENCE THOMAS 37 Hastings Constitutional Law Quarterly 225 (Winter 2010) In The Seattle and Louisville School Cases: There is No Other Way, a recent comment on the United States Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District No. 1, Judge J. Harvie Wilkinson III focuses, among other things, on Justice Clarence Thomas's concurrence in that case. Describing, endorsing, and... 2010  
Kim Shayo Buchanan OUR PRISONS, OURSELVES: RACE, GENDER AND THE RULE OF LAW 29 Yale Law and Policy Review 1 (Fall 2010) Introduction. 2 I. The Prison Rape Narrative. 12 II. Real Men vs. Sissies: The Heterosexual Defense. 23 A. The Legal Response to Sexual Abuse in Prison. 23 1. Underenforcement. 25 2. Be a man. Stand up and fight. . 29 3. You're gay. You must have liked it. . 32 B. Dominance and Sexuality: Making Men. 37 1. Masculinities and the Social Meaning... 2010  
Kamille Wolff OUT OF MANY, ONE PEOPLE; E PLURIBUS UNUM: AN ANALYSIS OF SELF-IDENTITY IN THE CONTEXT OF RACE, ETHNICITY, AND CULTURE 18 American University Journal of Gender, Social Policy and the Law 747 (2010) I. Introduction. 748 II. Self-Identity and Ethnicity. 750 A. Self-Identity Viewed Through the Immigrant Lens. 750 B. Self-Identity and Nationality. 752 C. Self-Identity in the Shape of Ethnic Consciousness. 756 III. Self-Identity and Culture. 764 A. Music as Cultural Expression. 764 1. Reggae and Reggaetón. 764 2. The Hip Hop Movement. 768 IV.... 2010  
Cynthia Lee PACKAGE BOMBS, FOOTLOCKERS, AND LAPTOPS: WHAT THE DISAPPEARING CONTAINER DOCTRINE CAN TELL US ABOUT THE FOURTH AMENDMENT 100 Journal of Criminal Law and Criminology 1403 (Fall 2010) In the 1970s, the Court announced in a series of cases that police officers with probable cause to believe contraband or evidence of a crime is within a container must obtain a warrant from a neutral, detached judicial officer before searching that container. In requiring a search warrant, the Container Doctrine put portable containers on an almost... 2010  
Mary Kathryn Nagle PARENTS INVOLVED AND THE MYTH OF THE COLORBLIND CONSTITUTION 26 Harvard Journal on Racial & Ethnic Justice 211 (Spring 2010) There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. - Justice John Marshall Harlan [At that time of] the adoption of the Fourteenth Amendment in 1868 [,] . . . any education of Negroes was forbidden by law in some states.... 2010  
Martha Chamallas PAST AS PROLOGUE: OLD AND NEW FEMINISMS 17 Michigan Journal of Gender & Law 157 (2010) I. The Big Three Feminisms: Continuing Effects 159 II. The New Three Feminisms: ComplexityMeets Law 165 III. The Future of Feminist Legal Theory:Two Safe Predictions 172 2010  
Angela Mae Kupenda , Letitia Simmons Johnson , Ramona Seabron-Williams POLITICAL INVISIBILITY OF BLACK WOMEN: STILL SUSPECT BUT NO SUSPECT CLASS 50 Washburn Law Journal 109 (Fall 2010) All paradises, all utopias are designed by who is not there, by the people who are not allowed in. Black women have been doubly victimized by scholarly neglect and racist assumptions. Belonging as they do to two groups which have traditionally been treated as inferiors by American society--Blacks and women--they have been doubly invisible. History... 2010  
Valorie K. Vojdik POLITICS OF THE HEADSCARF IN TURKEY: MASCULINITIES, FEMINISM, AND THE CONSTRUCTION OF COLLECTIVE IDENTITIES 33 Harvard Journal of Law & Gender 661 (Summer 2010) Introduction. 661 I. The ECHR and Turkish Constitutional Court: Covering as Islamic Fundamentalism and Threat to Secularist Democracy. 666 II. Beyond a Rights-Based Analysis: Masculinities Theory and the Headscarf Debate. 672 A. Masculinities Theory and National Identity. 672 B. Masculinities and the Headscarf Debate in Turkey. 675 III. Turkish... 2010  
Anthony V. Alfieri POST-RACIALISM IN THE INNER CITY: STRUCTURE AND CULTURE IN LAWYERING 98 Georgetown Law Journal 921 (April, 2010) C1-3Table of Contents L1-2Introduction L3922 I. The Historic Black Church Project: School-to-Jail in Miami. 927 II. Critical Pedagogies and Practices. 931 a. the structure and culture of difference. 931 b. difference-based teaching strategies. 936 III. Black and Poor in the Inner City. 941 a. concentrated poverty. 941 b. inner-city black men. 944... 2010  
K. Scott Wong POSTSCRIPT TO "THE OPENING OF THE LAW IN THE PURSUIT OF ASIAN AMERICAN HISTORY" 13 Journal of Gender, Race and Justice 371 (Winter 2010) It was a delightful surprise the evening I received an e-mail from Bob Chang asking if I would be interested in publishing that essay you wrote in tribute to Neil about twelve years ago. Given my lack of legal training, writing that essay was a bit of a stretch. I was not surprised when the editors of The Asian Law Journal originally rejected the... 2010  
Catherine Lee, John D. Skrentny RACE CATEGORIZATION AND THE REGULATION OF BUSINESS AND SCIENCE 44 Law and Society Review 617 (September/December, 2010) Despite the lack of consensus regarding the meaning or significance of race or ethnicity amongst scientists and the lay public, there are legal requirements and guidelines that dictate the collection of racial and ethnic data across a range of institutions. Legal regulations are typically created through a political process and then face varying... 2010  
George A. Martinez RACE, AMERICAN LAW AND THE STATE OF NATURE 112 West Virginia Law Review 799 (Spring, 2010) L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary... 2010  
Mario L. Barnes RACIAL PARADOX IN A LAW AND SOCIETY ODYSSEY 44 Law and Society Review 469 (September/December, 2010) It is tedious to tell again tales already plainly told. (Homer, The Odyssey) I read with significant anticipation Professor Richard Lempert's 2009 Presidential Address. For a number of reasons--personal and professional-- portions of the speech had great appeal to me. As a scholar of color who locates his intellectual home within the law and... 2010  
Elise C. Boddie RACIAL TERRITORIALITY 58 UCLA Law Review 401 (December, 2010) Law treats race as a characteristic of individuals. Applying insights from social science, this Article argues that places can also have a racial identity and meaning based on socially engrained racial biases regarding the people who inhabit, frequent, or are associated with particular places and racialized cultural norms of spatial belonging and... 2010  
Camille A. Nelson RACIALIZING DISABILITY, DISABLING RACE: POLICING RACE AND MENTAL STATUS 15 Berkeley Journal of Criminal Law 1 (Spring 2010) A police officer is privileged to use the amount of force that the officer reasonably believes is necessary to overcome resistance to his lawful authority, but no more. That school officials and/or police officers working with school officials would use pepper-spray and handcuffs to restrain a thirteen year old mentally disabled child is... 2010  
Ronald Jay Coleman , Lucy Panza REACTIONS 2 Georgetown Journal of Law & Modern Critical Race Perspectives 49 (Spring, 2010) Beth Caldwell's Latinas' Experiences in Relation to Gangs rightly identifies the lack of participation in traditional social institutions and the resulting internalized disempowerment as root causes of gang participation among Latinas. However, in my opinion the author goes too far when she suggests that this lack of participation and... 2010  
Hannah Alejandro REACTIONS 2 Georgetown Journal of Law & Modern Critical Race Perspectives 81 (Spring, 2010) Grace Brainard's article, Disrupting Implicit Biases in the Workplace: Rethinking Affirmative Action in the Wake of Ricci v. DeStefano, argues that psychological research about implicit biases against African Americans strongly suggests that racebased hiring is necessary to break cycles of racial inequality in the workplace. Brainard criticizes the... 2010  
Rose Cuison Villazor REDISCOVERING OYAMA V. CALIFORNIA: AT THE INTERSECTION OF PROPERTY, RACE, AND CITIZENSHIP 87 Washington University Law Review 979 (2010) Oyama v. California was a landmark case in the history of civil rights. Decided in January 1948, Oyama held unconstitutional a provision of California's Alien Land Law, which allowed the state to take an escheat action on property given to U.S. citizens that had been purchased by their parents who were not eligible to become citizens. At the time,... 2010  
Jessica Knouse RESTRUCTURING THE LABOR MARKET TO DEMOCRATIZE THE PUBLIC FORUM 39 Stetson Law Review 715 (Spring 2010) We lead our lives within a variety of institutions--including the labor market, public forum, and family--that exert different and often conflicting influences on our identities. The labor market, defined as all exchanges of work for wages, encourages us to accept existing hierarchies and mainstream ideologies, while the public forum functions best... 2010  
Laura K. Klein RIGHTS CLASH: HOW CONFLICTS BETWEEN GAY RIGHTS AND RELIGIOUS FREEDOMS CHALLENGE THE LEGAL SYSTEM 98 Georgetown Law Journal 505 (January, 2010) C1-3Table of Contents L1-2Introduction . L3506 I. The Use of Rights Rhetoric in the Christian Legal Society's Litigation Strategy. 509 II. Rights Clash and the Zero-Sum Game. 512 a. the zero-sum game: high stakes disputes. 513 b. choosing a winner. 514 1. Gay Rights Trump Religious Rights. 514 2. Religious Rights Trump Gay Rights. 516 III.... 2010  
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