Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Robert S. Chang |
ROCK CLIMBING WITH THE GOTANDAS |
13 Journal of Gender, Race and Justice 321 (Winter 2010) |
I began writing this introduction twelve years ago. I had organized in the Asian Law Journal--now the Asian American Law Journal--a symposium engaging Professor Neil Gotanda's work. I was to write the guest editor's introduction. I ended up never finishing the piece because I got into a fight with the student editors of the journal over their... |
2010 |
|
Richard Delgado |
RODRIGO'S PORTENT: CALIFORNIA AND THE COMING NEOCOLONIAL ORDER |
87 Washington University Law Review 1293 (2010) |
Lean your head back for a moment, Professor, my barber had just requested. I did so, anticipating the rush of soothing warm water that would mark the beginning of my monthly shampoo and haircut when a familiar voice caused me to jerk erect. Rodrigo! I exclaimed at the sight of my lanky, young friend standing next to my chair, a wide grin on his... |
2010 |
|
Gerald Torres |
SEX LEX: CREATING A DISCOURSE |
46 Tulsa Law Review 45 (Fall 2010) |
And so greatly can necessity prevail . . . that it made us risk going in this manner and placing ourselves in a sea so treacherous How do you draw a map to a place you have never been? The destination might be a place you have heard of or could imagine, but the map has to offer you a way forward. It has to describe a path, a direction, not simply a... |
2010 |
|
The Introductory Comments of Elvia R. Arriola |
SHAKING OUT THE WELCOME MAT FOR AN ENDURING LATCRIT SOCIAL MOVEMENT |
18 American University Journal of Gender, Social Policy and the Law 711 (2010) |
I have come away with some favorites in this cluster of essays, many of which spoke to my heart and not just my head. Not able to attend the 14 annual LatCrit Conference, I am privileged to comment on these essays, which include the writings of young scholars who were at their first ever LatCrit conference. The theme of the conference, Outsiders on... |
2010 |
|
Kristin Kalsem, Verna L. Williams |
SOCIAL JUSTICE FEMINISM |
18 UCLA Women's Law Journal 131 (Fall 2010) |
I. Introduction. 132 II. Words and the Meanings They Carry: What Is Social Justice Feminism?. 139 A. Keywords. 139 B. Feminism. 140 1. Feminist Movements in the Early Twentieth Century. 141 2. Feminist Movements in the 1970s and Beyond. 145 C. Social Justice. 147 D. Social Justice Feminism. 151 1. Social Justice Feminists in the Early Twentieth... |
2010 |
|
Maneesha Deckha |
TEACHING POSTHUMANIST ETHICS IN LAW SCHOOL: THE RACE, CULTURE, AND GENDER DIMENSIONS OF STUDENT RESISTANCE |
16 Animal Law 287 (2010) |
This Essay challenges laws' hegemonic humanist boundaries by analyzing the challenges involved in mainstreaming posthumanist subjects into the legal curricula. Posthumanist subjects in legal education are perceived as marginal and unworthy of serious discussion and scholarship. The author identifies the problems that can arise in introducing... |
2010 |
|
Lucy Panza |
THE (UN)HOLY TRINITY: UNCONSCIONABLE CONTRACTS BETWEEN LATINAS AND THE FAMILY, RELIGION, AND THE STATE |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 299 (Fall, 2010) |
Cecilia is a 44-year old Mexican immigrant living in the Adams Morgan neighborhood of the District of Columbia. She entered the United States illegally with her husband, Ernesto, in 2001 while she was pregnant with her first son, Antonio. He was born shortly after they settled in D.C. Ever since she and Ernesto arrived, Cecilia has been working... |
2010 |
|
Joel Marrero |
THE EFFICIENCY OF FAIRNESS: A LAW AND ECONOMICS ANALYSIS OF THE BAKKE-GRUTTER DIVERSITY RATIONALE |
29 Chicana/o-Latina/o Law Review 69 (2010) |
On one side of the post-affirmative action debate is the Center for Individual Rights (CIR), an organization that strives to end all forms of race-conscious remedies on the stock argument that such policies unfairly penalize whites for past acts of discrimination and encourages minorities to rely, not on merit or labor, but on a redistributive... |
2010 |
|
Barbara A. Schwabauer |
THE EMMETT TILL UNSOLVED CIVIL RIGHTS CRIME ACT: THE COLD CASE OF RACISM IN THE CRIMINAL JUSTICE SYSTEM |
71 Ohio State Law Journal 653 (2010) |
A recent episode of the popular television show Cold Case depicted the 1964 murder of a northern, white, middle-class housewife by a Klansman-in-training, who wanted to stop her work with the Freedom Schools of Mississippi during the civil rights movement. True to the underlying premise of the show, the case went unsolved until more than forty... |
2010 |
|
Pedro A. Malavet |
THE INCONVENIENCE OF A "CONSTITUTION [THAT] FOLLOWS THE FLAG . BUT DOESN'T QUITE CATCH UP WITH IT": FROM DOWNES v. BIDWELL TO BOUMEDIENE v. BUSH |
80 Mississippi Law Journal 181 (Fall, 2010) |
L1-2Introduction R3182. I. Boumediene v. Bush: The Insular Cases in the Twenty-First Century. 184 II. Social, Historical, and Legal Context: Our Islands and Their People. 196 III. Puerto Rico in 1901: Self-Government and Spanish Citizenship that Did Not Last Long. 198 IV. The United States in 1901: In The Afterglow of the Spanish-American War. 204... |
2010 |
|
I. Bennett Capers |
THE UNINTENTIONAL RAPIST |
87 Washington University Law Review 1345 (2010) |
I am a rapist. Not by choice. But when I look in the mirror and see what others see, I know there's no hiding it. I am a rapist. No, I have never followed a woman to her car at night, pulled a knife on her, and forced her to put out or be killed. Nor have I tackled an early morning jogger in the park, putting one hand over her mouth before she... |
2010 |
|
Deborah Dinner |
THE UNIVERSAL CHILDCARE DEBATE: RIGHTS MOBILIZATION, SOCIAL POLICY, AND THE DYNAMICS OF FEMINIST ACTIVISM, 1966-1974 |
28 Law and History Review 577 (August, 2010) |
Beginning in the late 1960s, diverse strands of the modern women's movement-- liberal, radical, and African American feminists--envisioned childcare as a right. In movement tracts, organizational newsletters, and underground journals, feminists theorized women and children's rights to universal childcare, the state's obligation to provide funding... |
2010 |
|
Miranda Perry Fleischer |
THEORIZING THE CHARITABLE TAX SUBSIDIES: THE ROLE OF DISTRIBUTIVE JUSTICE |
87 Washington University Law Review 505 (2010) |
Distributive justice plays a starring role in many fundamental tax policy debates, from the marginal rate structure to the choice of base to the propriety of wealth transfer taxes. In contrast, current tax scholarship on the charitable tax subsidies generally either ignores or explicitly disavows distributive justice concerns. Instead, it focuses... |
2010 |
|
Nisha Agarwal, Jocelyn Simonson |
THINKING LIKE A PUBLIC INTEREST LAWYER: THEORY, PRACTICE, AND PEDAGOGY |
34 New York University Review of Law and Social Change 455 (2010) |
Law schools must cultivate in future public interest lawyers the combination of intellectual, emotional, and normative thinking required for the complex world of practice. This article presents one such method for teaching critical public interest lawyering: the integration of social theory and public interest practice developed by the Harvard Law... |
2010 |
|
Matt Chayt |
THIRTY-FIVE YEARS AFTER BERKELMAN: SEEKING A NEW DEBATE ABOUT ABILITY GROUPING |
37 Hastings Constitutional Law Quarterly 617 (Spring 2010) |
Tracking and ability grouping are controversial educational strategies that have garnered substantial attention from social scientists, lawyers, and others. They emerged in the early twentieth century as outgrowths of a consensus that they would facilitate a future workforce enhanced by more focused preparation for particular fields or tasks.... |
2010 |
|
Sonia K. Katyal |
TRADEMARK INTERSECTIONALITY |
57 UCLA Law Review 1601 (August, 2010) |
Even though most scholars and judges treat intellectual property law as a predominantly content-neutral phenomenon, trademark law contains a statutory provision, section 2(a), that provides for the cancellation of marks that are disparaging, immoral, or scandalous. This provision has raised intrinsically powerful constitutional concerns,... |
2010 |
|
David Israel Wasserman |
TRADING SEX, MARKING BODIES: PORNOGRAPHIC TRADEMARKS AND THE LANHAM ACT |
23 National Black Law Journal 121 (2010) |
In late 2007, reports of the racially motivated rape, torture, and false imprisonment of Megan Williams hit local and national news circuits. Williams, a black woman, accompanied a friend named Christa to what Williams thought was a party in Logan County, West Virginia. Upon arrival to their destination, which turned out to be a mobile home and... |
2010 |
|
Stephanie L. Phillips |
TRYING A NEW WAY: BARACK OBAMA'S TOLERANCE OF INTOLERANCE |
18 American University Journal of Gender, Social Policy and the Law 803 (2010) |
This thought-piece concerns Barack Obama's choices for the three highest-profile ministers during his inauguration weekend, namely Gene Robinson, the deeply spiritual, openly-gay, white Episcopal bishop; Rick Warren, the conservative, anti-gay, white mega-church pastor; and Joseph Lowery, the black civil rights icon and supporter of gay rights. As... |
2010 |
|
Athena D. Mutua |
VALUING DIFFERENCE, EXERCISING CARE IN OZ: THE SHAGGY MAN'S WELCOME |
20 Southern California Interdisciplinary Law Journal 215 (Fall 2010) |
One cannot say that the people of Oz valued difference or valued the diversity of its people, because in Oz, difference and diversity simply were; difference and diversity simply existed. It might be more accurate to say that the people in the fairy land of Oz had a practice of difference in which different people or beings of all sorts were simply... |
2010 |
|
Rachel F. Moran |
WHAT COUNTS AS KNOWLEDGE? A REFLECTION ON RACE, SOCIAL SCIENCE, AND THE LAW |
44 Law and Society Review 515 (September/December, 2010) |
In the years since the U.S. Supreme Court handed down Brown v. Board of Education (1954), most discussions of the case have focused on whether it was effective in promoting lasting equality of opportunity in the public schools. Although this profoundly important question dominates retrospectives on Brown, another unresolved controversy relates to... |
2010 |
|
Rob Trousdale |
WHITE PRIVILEGE AND THE CASE-DIALOGUE METHOD |
1 William Mitchell Law Raza Journal 28 (Spring 2010) |
C1-2TABLE OF CONTENTS I. Introduction 42 II. A History of the Case-Dialogue Method 31 III. The False Presumption of the Case-Dialogue Method 34 IV. The Power and Privileges of Whiteness 36 V. The Case-Dialogue Method's Perpetuation of White Privilege 39 VI. A Different Way to Learn the Law 42 |
2010 |
|
Brandi Leigh Jones |
WHOSE CHOICE? EXPLORING THE NEED FOR GREATER CLASS-CONSCIOUSNESS WITHIN THE REPRODUCTIVE RIGHTS MOVEMENT |
32 Hamline Journal of Public Law and Policy 1 (Fall 2010) |
The flaw in the pluralist heaven is that the heavenly chorus sings with a strong upper-class accent. The thing about reproduction is that, more than anything else, it tells you how a society values people. Alicia is a twenty-three year old mother of one living in rural North Carolina. She makes minimum wage working at a gas station for... |
2010 |
|
Alia Malek |
"DYING WITH THE WRONG NAME:" THE ROLE OF LAW IN RACIALIZING AND ERASING ARABS IN AMERICA |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 211 (Fall, 2009) |
And what is it to acknowledge the laws but to stoop down and trace their shadows upon the earth? If Arabs did not exist in every American's consciousness before the events of September 11, 2001--whether as a part of America's melting pot society and history or as a group of people generally from the Middle East --after the tragedy, they surely... |
2009 |
|
Yxta Maya Murray |
A JURISPRUDENCE OF NONVIOLENCE |
9 Connecticut Public Interest Law Journal 65 (Fall-Winter, 2009) |
Is there a way we could theorize about law that would make the world a less violent place? In the 1980s, cultural, or different voice, feminist legal theory seemed poised to take up the mantles of Mohandas Gandhi and Martin Luther King by incorporating nonviolent values into society and the law. Based on the work of psychologist Carol Gilligan,... |
2009 |
|
Marc-Tizoc González , Yanira Reyes-Gil , Belkys Torres , Charles R. Venator-Santiago |
AFTERWORD: CHANGE AND CONTINUITY: AN INTRODUCTION TO THE LATCRIT TASKFORCE RECOMMENDATIONS |
8 Seattle Journal for Social Justice 303 (Fall/Winter 2009) |
For the past thirteen years, the LatCrit community has gathered annually to produce knowledge and promote praxis focused on the transformation of subordinate society. In doing so, the LatCrit experiment in critical outsider jurisprudence is both ordinary and unique. Our efforts are ordinary in that many, if not most, genres of critical outsider... |
2009 |
|
Anthony V. Alfieri |
AGAINST PRACTICE |
107 Michigan Law Review 1073 (April, 2009) |
Educating Lawyers: Preparation for the Profession of Law. By William M. Sullivan, Anne Colby, Judith Welsh Wegner, Lloyd Bond & Lee S. Shulman. San Francisco: John Wiley & Sons, Inc. 2007. Pp. x, 225. $40. [T]he challenge of professional preparation for the law [is] linking the interests of educators with the needs of practitioners and the members... |
2009 |
|
Vinay Harpalani |
AMBIGUITY, AMBIVALENCE, AND AWAKENING: A SOUTH ASIAN BECOMING "CRITICALLY" AWARE OF RACE IN AMERICA |
11 Berkeley Journal of African-American Law & Policy 71 (2009) |
Japanese Beetle! Japanese Beetle! It is the fall of 1979, and my earliest memories of kindergarten class are not so pleasant. Several young children are darting around me in circles, repeatedly yelling, Japanese Beetle! At a mere five years of age, I understood all too acutely that I was the object of relentless teasing, but I did not think... |
2009 |
|
Dan Subotnik |
ARE LAW SCHOOLS RACIST?--PART II |
43 University of San Francisco Law Review 761 (Spring 2009) |
[I]n things racial we have always been, and we, I believe, continue to be, in too many ways, essentially a nation of cowards. . . . [W]e, average Americans, simply do not talk enough with each other enough about things racial. . . . [I]f we are to make progress in this area, we must feel comfortable enough with one another and tolerant enough of... |
2009 |
|
Ann Mallatt Killenbeck |
BAKKE, WITH TEETH?: THE IMPLICATIONS OF GRUTTER v. BOLLINGER IN AN OUTCOMES-BASED WORLD |
36 Journal of College and University Law 1 (2009) |
I. The Diversity Rationale: From Intuition to Fact. 9 A. The Early Evolution of Affirmative Action and The Diversity Rationale. 10 B. The Embrace of Intuition-Based Analysis in Bakke. 15 C. Post-Bakke Reaction. 17 D. Diversity at the University of Michigan Pre-Grutter and Gratz. 20 E. The Shift to Fact-Based Analysis in Grutter and Gratz. 22 II.... |
2009 |
|
Freddy Funes |
BEYOND THE PLENARY POWER DOCTRINE: HOW CRITICAL RACE THEORY CAN HELP MOVE US PAST THE CHINESE EXCLUSION CASE |
11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) |
I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... |
2009 |
|
|
BIBLIOGRAPHY |
10 Rutgers Race & the Law Review 583 (2009) |
1. Race and the Law in Society 1.0 General Margalynne J. Armstrong & Stephanie M. Wildman, Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight, 86 N.C. L. Rev. 635 (2008). Professor Robert Ashford, Empowering People with the Right to Acquire Capital with the Earnings of Capital: A Binary Approach to the Economic... |
2009 |
|
|
BOOK NOTES |
34 Law and Social Inquiry 509 (Spring, 2009) |
L1-2CONTENTS Civil Liberties. 510 Human Rights. 510 Criminal Justice and Social Control. 510 Public Regulation. 511 Judicial Power and Decision Making. 512 Courts and Judges. 512 Famous Trials. 513 Legal Profession. 513 Constitutional Theory and History. 513 US Legal History. 514 Rule of Law. 514 Transformation of Legal Systems. 514 International... |
2009 |
|
Shani King |
CHALLENGING MONOHUMANISM: AN ARGUMENT FOR CHANGING THE WAY WE THINK ABOUT INTERCOUNTRY ADOPTION |
30 Michigan Journal of International Law 413 (Winter 2009) |
I. Intercountry Adoption: A Brief History. 419 II. Intercountry Adoption in Legal Scholarship and the Emergence of MonoHumanism. 426 A. Post-Colonialism and Intercountry Adoption. 426 B. Through the Post-Colonial Lens: Myths and Othering Processes in Law Review Articles on the Subject of Intercountry Adoption. 428 1. Narrative One: The Humanitarian... |
2009 |
|
Marc-Tizoc González |
CLUSTER INTRODUCTION: EDUCATION AND PEDAGOGY: COUNTER-DISCIPLINARITY IN THE CRITICAL EDUCATION TRADITION IN LATCRIT THEORY |
8 Seattle Journal for Social Justice 107 (Fall/Winter 2009) |
Five essays constitute the Education and Pedagogy cluster of the LatCrit XIII symposium, published as a result of the proceedings of the Thirteenth Annual Latina/o Critical Legal Theory (LatCrit) Conference, held in Seattle, Washington, in October 2008, which was thematically oriented around the notion of Representation and Republican... |
2009 |
|
Rhonda V. Magee |
COMPETING NARRATIVES, COMPETING JURISPRUDENCES: ARE LAW SCHOOLS RACIST? AND THE CASE FOR AN INTEGRAL CRITICAL APPROACH TO THINKING, TALKING, WRITING, AND TEACHING ABOUT RACE |
43 University of San Francisco Law Review 777 (Spring 2009) |
SINCE YOU ARE READING THESE words --the second in a series of essays written by me and printed by this Law Review, the sixth in a series of articles including writings from the two other law professors in this colloquy--you deserve to know that as I write this by hand, and only minutes after getting out of bed, I have not properly composed myself.... |
2009 |
|
Nick J. Sciullo |
CONVERSATIONS WITH THE LAW: IRONY, HYPERBOLE, AND IDENTITY POLITICS OR SAKE PASE? WYCLEF JEAN, SHOTTAS, AND HAITIAN JACK: A HIP-HOP CREOLE FUSION OF RHETORICAL RESISTANCE TO THE LAW |
34 Oklahoma City University Law Review 455 (Fall 2009) |
[O]ur music is more rebel music. We do music for society, for hum[y]nity, to help and to heal. -- Wyclef Jean This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an intersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop... |
2009 |
|
Bryan Adamson |
CRITICAL ERROR: COURTS' REFUSAL TO RECOGNIZE INTENTIONAL RACE DISCRIMINATION FINDINGS AS CONSTITUTIONAL FACTS |
28 Yale Law and Policy Review 1 (Fall 2009) |
Introduction. 2 I. The (Rule 52(a)) Standard Contingencies. 9 A. The Law-Fact Dichotomy . 10 B. The Procedure-Substance Dichotomy . 17 II. Standards of Review. 19 A. Clear Error Review. 20 B. De Novo Review. 23 C. Independent Appellate Judgment as a Matter of Constitutional Obligation. 24 III. Rule 52(a) and Institutional Values. 29 A.... |
2009 |
|
Richard Delgado , Jean Stefancic |
CROSSOVER |
33 American Indian Law Review 1 (2008-2009) |
Most of the contributors to this symposium-probably many of the readers, too-are either scholars of color or fellow travelers who write about indigenous or minority issues. Some are legal scholars who write about discrimination, sovereignty, treaty rights, and other issues affecting communities of color. Others are novelists or poets who write... |
2009 |
|
Harvey Gee |
CROSS-RACIAL EYEWITNESS IDENTIFICATION, JURY INSTRUCTIONS, AND JUSTICE |
11 Rutgers Race & the Law Review 70 (2009) |
The House and Senate are attempting to pass legislation to curb crime and ensure fairness to criminal offenders. Earlier this year, hearings were held to address disparities in sentencing and the feasibility of a five-year pilot program addressing racial and ethnic bias in the criminal justice system. Congress is also seeking to reauthorize the... |
2009 |
|
Augustine F. Romero, Ph.D. , Martin Sean Arce, ABD |
CULTURE AS A RESOURCE: CRITICALLY COMPASSIONATE INTELLECTUALISM AND ITS STRUGGLE AGAINST RACISM, FASCISM, AND INTELLECTUAL APARTHEID IN ARIZONA |
31 Hamline Journal of Public Law and Policy 179 (Fall 2009) |
Is diversity a problem or is it a resource? That is the question that we will answer in this paper. Over the last two and half years we have encountered many ultra-conservative elected officials at the state level who operate from the perspective that diversity is a problem that must eliminated through the a process of homogenizing the academic... |
2009 |
|
Michael J. Malinowski |
DEALING WITH THE REALITIES OF RACE AND ETHNICITY: A BIOETHICS-CENTERED ARGUMENT IN FAVOR OF RACE-BASED GENETICS RESEARCH |
45 Houston Law Review 1415 (Winter 2009) |
I. Introduction. 1417 II. Measuring the Genetic Reality of Race, Then and Now. 1425 A. Genetic Anthropology and Evolutionary Biology. 1426 B. The Social Scientists. 1427 C. The Surge in Population Genetics. 1429 III. The Ongoing Debate Over Race-Based Research. 1433 A. Opponents. 1433 B. Proponents. 1439 C. The Debate Applied: HapMap and BiDil.... |
2009 |
|
Susan D. Carle |
DEBUNKING THE MYTH OF CIVIL RIGHTS LIBERALISM: VISIONS OF RACIAL JUSTICE IN THE THOUGHT OF T. THOMAS FORTUNE, 1880-1890 |
77 Fordham Law Review 1479 (March, 2009) |
This essay addresses the development of American understandings of the various roles of lawyers in building democracy by focusing on legal reform efforts in the American civil rights movement. In recent years, the supposed achievements of that movement have come under attack as part of a critique of the ideology of legal liberalism. That critique... |
2009 |
|
Chauncee D. Smith |
DECONSTRUCTING THE PIPELINE: EVALUATING SCHOOL-TO-PRISON PIPELINE EQUAL PROTECTION CASES THROUGH A STRUCTURAL RACISM FRAMEWORK |
36 Fordham Urban Law Journal 1009 (November, 2009) |
A man working in a munitions factory explains that he is not killing; he's just trying to get out a product. The same goes for the man who crates bombs in that factory. He's just packaging a product. He's not trying to kill anyone. So it goes until we come to the pilot who flies the plane that drops the bomb. Killing anyone? Certainly not, he's... |
2009 |
|
James Forman, Jr. |
EXPORTING HARSHNESS: HOW THE WAR ON CRIME HELPED MAKE THE WAR ON TERROR POSSIBLE |
33 New York University Review of Law and Social Change 331 (2009) |
During the Bush administration, opponents of the prosecution of the war on terror routinely denounced it as a betrayal of American values. The narrative went like this: the United States has a long-standing commitment to human rights and due process, reflected in its domestic criminal justice system's expansive protections, but after September 11,... |
2009 |
|
Richard Delgado , Jean Stefancic |
FOUR OBSERVATIONS ABOUT HATE SPEECH |
44 Wake Forest Law Review 353 (Summer 2009) |
In August 2008, the Oregon Supreme Court reversed the conviction of a motorist who engaged in a shouting match with two women, one white, the other black, on a public highway. The automobile in which the two women were riding sported a rainbow decal on the rear bumper, which prompted the defendant, who was named Johnson, to believe that the two... |
2009 |
|
Robin West |
FROM CHOICE TO REPRODUCTIVE JUSTICE: DE-CONSTITUTIONALIZING ABORTION RIGHTS |
118 Yale Law Journal 1394 (May, 2009) |
The Essay argues that the right to abortion constitutionalized in Roe v. Wade is by some measure at odds with a capacious understanding of the demands of reproductive justice. No matter its rationale, the constitutional right to abortion is fundamentally a negative right that rhetorically keeps the state out of the domain of family life. As such,... |
2009 |
|
Ryan Patrick Alford |
HOW DO YOU TRIM THE SEAMLESS WEB? CONSIDERING THE UNINTENDED CONSEQUENCES OF PEDAGOGICAL ALTERATIONS |
77 University of Cincinnati Law Review 1273 (Summer 2009) |
[I]f he be uninstructed in the elements and first principles upon which the rule of practice is founded, the least variation from established precedents will totally distract and bewilder him; ita lex scripta est is the utmost his knowledge will arrive at; he must never aspire to form, and seldom expect to comprehend any arguments drawn a priori... |
2009 |
|
Taylor Flynn |
INSTANT (GENDER) MESSAGING: EXPRESSION-BASED CHALLENGES TO STATE ENFORCEMENT OF GENDER NORMS |
18 Temple Political & Civil Rights Law Review 465 (Spring 2009) |
Statements of identity, without more, have long been a potent form of demand for inclusion and equal treatment. Consider the signs carried by workers, most of whom were African American, during the 1968 Memphis sanitation strike during which Dr. Martin Luther King, Jr., was assassinated. They read, quite simply, I AM A MAN. Or, consider the... |
2009 |
|
Justin Hansford |
JAILING A RAINBOW: THE MARCUS GARVEY CASE |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 325 (Fall, 2009) |
It may be true that Garvey fancied himself a Moses, if not a Messiah; that he deemed himself a man with a message to deliver, and believed that he needed ships for the deliverance of his people; but with this assumed, it remains true that if his gospel consisted in part of exhortations to buy worthless stock, accompanied by deceivingly false... |
2009 |
|
Anthony V. Alfieri |
JIM CROW ETHICS AND THE DEFENSE OF THE JENA SIX |
94 Iowa Law Review 1651 (July, 2009) |
ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the... |
2009 |
|