| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Carrie Menkel-Meadow |
TAKING LAW AND _______ REALLY SERIOUSLY: BEFORE, DURING AND AFTER "THE LAW" |
60 Vanderbilt Law Review 555 (March, 2007) |
I. Introduction: Three Thought Experiments About Law and Legal Education. 556 A. What Is Law as a Field?. 556 B. What Ideas Has Law Generated as a Field?. 558 C. What Is the Purpose of Legal Education in Relation to the Above?. 559 II. A Brief History of Some Big Bang Moments in Legal Education. 560 A. Langdell's Canons of Legal Education.... |
2007 |
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| Kevin R. Johnson |
TAKING THE "GARBAGE" OUT IN TULIA, TEXAS: THE TABOO ON BLACK-WHITE ROMANCE AND RACIAL PROFILING IN THE "WAR ON DRUGS" |
2007 Wisconsin Law Review 283 (2007) |
I. Introduction. 284 II. The Tulia Sting, or Round Up the Usual Suspects . 286 A. The Sting. 288 B. Vindication of the Accused. 291 III. The Continuing Evil of Race-Mixing: Tulia as a Case Study. 294 A. The Legal and Social Prohibition of Black-White Relationships. 295 1. The Persistence of Social Separation. 297 2. The Lingering Stigma of... |
2007 |
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| Angela Onwuachi-Willig |
THE ADMISSION OF LEGACY BLACKS |
60 Vanderbilt Law Review 1141 (May, 2007) |
Introduction. 1142 I. Race, Culture, Class, and a Model Black Minority?. 1160 A. Understanding the Meaning of Social Justice in Affirmative Action. 1161 B. The Model Black Minority?. 1165 II. Unpacking the Myths of the Model Black Minority. 1180 A. Enhancing Diversity. 1181 B. Reaching Social Justice. 1185 C. Models of Affirmative Action. 1204 III.... |
2007 |
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| D. Aaron Lacy |
THE AFTERMATH OF KATRINA: RACE, UNDOCUMENTED WORKERS, AND THE COLOR OF MONEY |
13 Texas Wesleyan Law Review 497 (Symposium 2007) |
I. Introduction. 497 II. History of the Davis-Bacon Act and the Immigration Reform and Control Act. 499 A. Davis-Bacon Act. 499 B. Immigration Reform and Control Act. 502 III. Katrina Aftermath. 504 A. Suspension of the Davis-Bacon Act. 504 B. Suspension of the Immigration Reform and Control Act. 506 IV. Working Conditions of Undocumented Workers... |
2007 |
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| Robert E. Rodes, Jr. |
THE CANON OF AMERICAN LEGAL THOUGHT |
52 American Journal of Jurisprudence 319 (2007) |
Professors Kennedy and Fisher have put together a book containing twenty essays, most of them first published in law reviews. They are elegantly presented, and each is preceded by an introductory essay by one of the editors, which provides background information on the author, analyzes the piece lucidly and succinctly, and situates it in the... |
2007 |
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| Anita F. Hill |
THE EMBODIMENT OF EQUAL JUSTICE UNDER THE LAW |
31 Nova Law Review 237 (Winter 2007) |
I. Introduction 237 II. Just How Will Women Judges Make a Difference? 245 III. Justice O'Connor and the Inclusive Court 251 IV. Judge Constance Baker Motley: Embracing Race and Gender 255 V. Conclusion 257 |
2007 |
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| Adrien Katherine Wing , Hisham Kassim |
THE FUTURE OF PALESTINIAN WOMEN'S RIGHTS: LESSONS FROM A HALF-CENTURY OF TUNISIAN PROGRESS |
64 Washington and Lee Law Review 1551 (FAll, 2007) |
As this piece goes to print, the Gaza Strip and West Bank Palestinian Territories are currently under the authority of two different Palestinian governments. Gaza is under the control of the Islamist group Hamas, i.e. Harakat al-Muqawama al-Islamiya (Islamic Resistance Movement), which unexpectedly won the majority of seats for the Palestinian... |
2007 |
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| Kevin R. Johnson , Bill Ong Hing |
THE IMMIGRANT RIGHTS MARCHES OF 2006 AND THE PROSPECTS FOR A NEW CIVIL RIGHTS MOVEMENT |
42 Harvard Civil Rights-Civil Liberties Law Review 99 (Winter 2007) |
For weeks in the spring of 2006, television and newspapers featured spectacular images of masses of humanity lined up for miles in marches across the United States. What was most startling about the marches was that they were overwhelmingly pro-immigrant. Hundreds of thousands of U.S. citizens and immigrants peacefully marched in Chicago and Los... |
2007 |
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| Deborah M. Weissman |
THE PERSONAL IS POLITICAL--AND ECONOMIC: RETHINKING DOMESTIC VIOLENCE |
2007 Brigham Young University Law Review 387 (2007) |
All social movements that engage matters of law and intimate relationships confront the challenge of sustaining theoretical coherence. Time passes; circumstances change. Theory developed in the context of one set of objective conditions, at a discrete historical moment, must possess the capacity to adapt to different conditions at later historical... |
2007 |
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| Robert S. Chang , Neil Gotanda |
THE RACE QUESTION IN LATCRIT THEORY AND ASIAN AMERICAN JURISPRUDENCE |
7 Nevada Law Journal 1012 (Summer 2007) |
In the tradition of LatCrit Afterwords, Professors Chang and Gotanda take the liberty of raising questions that extend beyond the particular themes of this LatCrit Conference and the papers published in this Symposium. They return to two issues - ethnicity versus race, and Black exceptionalism - that were raised in early LatCrit Conferences but... |
2007 |
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| Martha T. McCluskey |
THINKING WITH WOLVES: LEFT LEGAL THEORY AFTER THE RIGHT'S RISE |
54 Buffalo Law Review 1191 (January, 2007) |
Left Legalism/Left Critique. Edited by Wendy Brown & Janet Halley. Durham: Duke University Press, 2002. Pp. viii, 447. $22.95 (paper). Introduction. 1193 I. More (Left) Theory. 1197 A. Theory for Left Politics. 1197 1. Affirming Theory in Politics. 1197 2. Affirming Politics in Theory. 1199 3. Affirming Theory for Tough Politics. 1200 B. Theory for... |
2007 |
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| Adèle Hutton Auxier |
TIPTOEING THROUGH THE JUNKYARD: THREE APPROACHES TO THE MORAL DILEMMA OF RACIST HATE SPEECH |
21 Notre Dame Journal of Law, Ethics & Public Policy 215 (2007) |
Professor Rick Garnett uses the analogy of a yard to describe the Supreme Court's free speech jurisprudence. It goes like this: the more manicured the lawn, the more gently the government must tread if it wants to regulate. If we extend the analogy, we could say that racist hate speech is not a lawn, but a junkyard--full of sharp objects, health... |
2007 |
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| Deborah L. Brake |
TITLE IX AS PRAGMATIC FEMINISM |
55 Cleveland State Law Review 513 (2007) |
I. Introduction. 513 II. Pragmatism and its Promise for Feminist Legal Theory. 514 III. The Slipperiness of Subordination and the Many Faces of Gender Oppression in Sports. 524 IV. Title IX's Pragmatic Feminism. 535 V. Conclusion. 544 |
2007 |
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| Bridget J. Crawford |
TOWARD A THIRD-WAVE FEMINIST LEGAL THEORY: YOUNG WOMEN, PORNOGRAPHY AND THE PRAXIS OF PLEASURE |
14 Michigan Journal of Gender & Law 99 (2007) |
Introduction 100 I. Third-Wave Feminism 106 A. Origins of Third-Wave Feminism 106 B. Major Writings of Third-Wave Feminism 109 C. Principal Ideas of Third-Wave Feminism 116 1. Dissatisfaction with Earlier Feminists 116 2. Multiple Nature of Personal Identity 118 3. Joy of Embracing Traditional Feminine Appearance and Attributes 120... |
2007 |
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| Deenesh Sohoni |
UNSUITABLE SUITORS: ANTI-MISCEGENATION LAWS, NATURALIZATION LAWS, AND THE CONSTRUCTION OF ASIAN IDENTITIES |
41 Law and Society Review 587 (September, 2007) |
In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by... |
2007 |
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| Rebecca Adams |
VIOLENCE AGAINST WOMEN AND INTERNATIONAL LAW: THE FUNDAMENTAL RIGHT TO STATE PROTECTION FROM DOMESTIC VIOLENCE |
20 New York International Law Review 57 (Winter, 2007) |
Violence against women is perhaps the most shameful human rights violation. And it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development, and peace. Kofi Annan United Nations Secretary-General In a statement to the... |
2007 |
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| Angela Onwuachi-Willig |
VOLUNTEER DISCRIMINATION |
40 U.C. Davis Law Review 1895 (June, 2007) |
Introduction. 1895 I. Business Casual, or Casualties ofBusiness as Usual?. 1901 II. Understanding Volunteer Discrimination . 1907 A. The Social Meaning of Race. 1907 B. The Roles of Black Folks. 1914 1. Accommodating. 1916 2. Distancing. 1921 3. Resigned Modeling. 1925 III. The Dangers of MisunderstandingVolunteer Discrimination. 1927 Conclusion.... |
2007 |
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| Richard Delgado , Jean Stefancic |
WHY DO WE ASK THE SAME QUESTIONS? THE TRIPLE HELIX DILEMMA REVISITED |
99 Law Library Journal 307 (Spring, 2007) |
In revisiting their Stanford Law Review article, Why Do We Tell the Same Stories: Law Reform, Critical Librarianship, and the Triple Helix Dilemma, Professors Delgado and Stefancic contend that computer-assisted legal research has not proven to be a boon to the cause of law reform. At the time of the first article, the computer revolution, which... |
2007 |
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| Khaled Ali Beydoun |
WITHOUT COLOR OF LAW: THE LOSING RACE AGAINST COLORBLINDNESS IN MICHIGAN |
12 Michigan Journal of Race and Law 465 (Spring 2007) |
INTRODUCTION: AN UNEVEN RACE TOWARD JUSTICE. 466 I. Three The Ward Way: Affirmative Action Falls in Michigan, Joining California & Washington. 468 II. Why Michigan?. 472 III. Reinvesting In Michigan's Racism: De Facto Segregation, The New Bottom Line. 479 IV. Practice What You Preach: Exposing The Contradictions of Colorblindness. 486 V. The... |
2007 |
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| andré douglas pond cummings |
"OPEN WATER": AFFIRMATIVE ACTION, MISMATCH THEORY AND SWARMING PREDATORS-A RESPONSE TO RICHARD SANDER |
44 Brandeis Law Journal 795 (Summer, 2006) |
Affirmative action continues to divide and fracture the United States of America. The current conceptualization of affirmative action survives precariously in U.S. law and consciousness following the Grutter v. Bollinger and Gratz v. Bollinger Supreme Court decisions, and the recent retirement of swing vote Justice Sandra Day O'Connor. For the... |
2006 |
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| Nick J. Sciullo |
"THIS WOMAN'S WORK" IN A "MAN'S WORLD" : A FEMINIST ANALYSIS OF THE FARM SECURITY AND RURAL INVESTMENT ACT OF 2002 |
28 Whittier Law Review 709 (Winter 2006) |
Laws often have unintended consequences--consequences that even the most earnest policymakers fail to mull over. Such is the case with the Farm Security and Rural Investment Act of 2002 (hereinafter the 2002 Farm Bill), which, as discussed herein, has negative impacts on many of the world's farmers. Many criticisms may be leveled at this law with... |
2006 |
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| Sumi Cho |
"UNWISE," "UNTIMELY," AND "EXTREME": REDEFINING COLLEGIAL CULTURE IN THE WORKPLACE AND REVALUING THE ROLE OF SOCIAL CHANGE |
39 U.C. Davis Law Review 805 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L3807 I. The Legal Doctrine and Cultural Context of Hegemonic Collegiality. 812 A. Individual Disparate Treatment Cases. 812 1. Early Case: McKenna v. Caspar Weinberger: The Effective Cause of Her Own Dismissal. 813 2. Mixed Motive Cases and Price-Waterhouse: Overly Aggressive, Unduly Harsh and... |
2006 |
|
| David Barnhizer |
A CHILLING OF DISCOURSE |
50 Saint Louis University Law Journal 361 (Winter, 2006) |
I. Introduction. 362 II. Multiculturalism and Fragmentation. 365 III. Loss of Objectivity and Intellectual Integrity. 370 IV. The Effects of Chilling on the Integrity of the Scholar. 381 V. Challenging Soft Repression. 386 VI. Chilling of Discourse Through Control of Allowable Speech. 391 VII. Chilling Through Intolerance and the Scholarship of... |
2006 |
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| Tanya Katerí Hernández |
A CRITICAL RACE FEMINISM EMPIRICAL RESEARCH PROJECT: SEXUAL HARASSMENT & THE INTERNAL COMPLAINTS BLACK BOX |
39 U.C. Davis Law Review 1235 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31237 I. An Introduction to the Racial Disparity of Sexual Harassment. 1239 II. The CRF Sexual Harassment Survey Research Project. 1246 A. The Survey Design and Methods. 1248 B. General Trends in the Study Results. 1254 III. Key Survey Finding for the Development of Sexual Harassment Jurisprudence: The Role... |
2006 |
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| David A. Brennen |
A DIVERSITY THEORY OF CHARITABLE TAX EXEMPTION--BEYOND EFFICIENCY, THROUGH CRITICAL RACE THEORY, TOWARD DIVERSITY |
4 Pittsburgh Tax Review 1 (Fall, 2006) |
What is the normative rationale for the federal income tax exemption for nonprofit charitable corporations? Even though the exemption dates back to 1894, Congress has failed to fully rationalize it. Though scholars and courts have attempted over the years to come up with a coherent rationale for the charitable tax exemption, their attempts are... |
2006 |
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| Daniel Ibsen Morales |
A MATTER OF RHETORIC: THE DIVERSITY RATIONALE IN POLITICAL CONTEXT |
10 Chapman Law Review 187 (Fall 2006) |
The scholarly discourse regarding affirmative action in higher education has gone awry, becoming shrill and calcified. The discussion has come to focus excessively on the formal and the philosophical aspects of the program (What doctrine properly justifies it? Is the program moral? Does it go far enough? ), while neglecting to consider, in a... |
2006 |
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| Stephanie M. Weinstein |
A NEEDED IMAGE MAKEOVER: INTEREST CONVERGENCE AND THE UNITED STATES' WAR ON TERROR |
11 Roger Williams University Law Review 403 (Winter 2006) |
Recently, a diverse group of individuals decided that the time had come to form an international coalition to counter the conservative majority's domination of the world's political, social, economic, and religious climate. All were welcome to participate in the group, so that the initial international summit included people of color, women, gays... |
2006 |
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| Clark Freshman |
AFTER BASIC MINDFULNESS MEDITATION: EXTERNAL MINDFULNESS, EMOTIONAL TRUTHFULNESS, AND LIE DETECTION IN DISPUTE RESOLUTION |
2006 Journal of Dispute Resolution 511 (2006) |
Some years ago, our mutual friend, Carrie Menkel-Meadow, suggested Len Riskin and I talk about our shared interest in mindfulness meditation and negotiation. At the time, I had students sit quietly, eyes closed, get in touch with what was going on before a negotiation, write it out, and then crumple up the paper. It was a primitive form of... |
2006 |
|
| Scott L. Cummings , Ingrid V. Eagly |
AFTER PUBLIC INTEREST LAW |
100 Northwestern University Law Review 1251 (Spring 2006) |
Introduction. 1251 I. The Organizational Structure of the Workplace Project. 1257 II. The Workplace Project: A Public Interest Law Perspective. 1259 A. Political Context: The New Terrain of Public Interest Lawyering. 1260 B. Practice Arenas: Mapping the Field of Public Interest Law. 1264 C. Professional Ideology: Lawyering for Social Change. 1268... |
2006 |
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| Frank Rudy Cooper |
AGAINST BIPOLAR BLACK MASCULINITY: INTERSECTIONALITY, ASSIMILATION, IDENTITY PERFORMANCE, AND HIERARCHY |
39 U.C. Davis Law Review 853 (March, 2006) |
I contend that popular representations of heterosexual black men are bipolar. Those images alternate between a Bad Black Man who is crime-prone and hypersexual and a Good Black Man who distances himself from blackness and associates with white norms. The threat of the Bad Black Man label provides heterosexual black men with an assimilationist... |
2006 |
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| Marc L. Roark |
ALL IN THE FAMILY: THE APOCALYPTIC LEGAL TRADITION AS CRIT-THEORY |
75 UMKC Law Review 481 (Winter, 2006) |
In 1986, a new genre of American legal education emerged upon the American legal conscience. Regent University (then CBN University) opened the first expressly evangelical law school and initially only accepted committed evangelical believers into its program. Since Regent's beginnings, at least three other law schools have opened with similarly... |
2006 |
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| Daniel S. Medwed |
ANATOMY OF A WRONGFUL CONVICTION: THEORETICAL IMPLICATIONS AND PRACTICAL SOLUTIONS |
51 Villanova Law Review 337 (2006) |
I. Introduction. 337 II. David Wong. 340 A. The Murder and Trial: 1986-1987. 340 B. Fits and Starts: 1987-2000. 345 C. New Evidence: 2000-2003. 347 D. Justice Served: 2004. 355 III. David Wong in Context: The Factors Underlying Wrongful Convictions. 356 A. Eyewitness Misidentification. 357 B. Jailhouse Informants. 364 C. Ineffective Assistance of... |
2006 |
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| Ryan Patrick Alford |
APPELLATE REVIEW OF RACIST SUMMATIONS: REDEEMING THE PROMISE OF SEARCHING ANALYSIS |
11 Michigan Journal of Race and Law 325 (Spring 2006) |
INTRODUCTION. 326 I. Understanding the Importance of Racist Rhetoric in the Summations of Criminal Trials. 329 A. The Impact of a Prosecutorial Summation Alluding to Racist Stereotypes on a Defendant of a Minority Race and the History of the Courts' Failure to Acknowledge that Harm. 329 B. The Courts' Recognition of the Harm Caused by Racist... |
2006 |
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| Kristin Brandser Kalsem |
BANKRUPTCY REFORM AND THE FINANCIAL WELL-BEING OF WOMEN:: HOW INTERSECTIONALITY MATTERS IN MONEY MATTERS |
71 Brooklyn Law Review 1181 (Spring 2006) |
After eight years of heated controversy, President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 into law on April 20, 2005 and that legislation became effective on October 17, 2005. Massive in size and far-reaching in effect, this piece of legislation has been part of the congressional agenda since 1997. The title... |
2006 |
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| Jennifer C. Nash |
BEARING WITNESS TO GHOSTS: NOTES ON THEORIZING PORNOGRAPHY, RACE, AND LAW |
21 Wisconsin Women's Law Journal 47 (Spring 2006) |
A panoply of intellectual projects have exposed the ways in which law is haunted, bearing the imprints of the moment in which it is produced, and constituted as much by what it includes as what it excludes. The work of these critiques has been to expose the ghostly aspects of law and to uncover the interplay between history, inequality, and the... |
2006 |
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| Sagit Mor |
BETWEEN CHARITY, WELFARE, AND WARFARE: A DISABILITY LEGAL STUDIES ANALYSIS OF PRIVILEGE AND NEGLECT IN ISRAELI DISABILITY POLICY |
18 Yale Journal of Law & the Humanities 63 (Winter 2006) |
Hidden and disregarded for too long, we are demanding not only rights and equal opportunity, but are demanding that the academy take on the nettlesome question of why we've been sequestered in the first place. Throughout the last century, the modern welfare state has been widely considered a major source of rescue and relief for people with... |
2006 |
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| Jeffery M. Brown |
BEYOND NATIONALISM AND TOWARD A DYNAMIC THEORY OF PAN-AFRICAN UNITY |
8 Berkeley Journal of African-American Law & Policy 60 (2006) |
For decades, Pan-African unity has provided the conceptual platform upon which theories of global racial justice for the African Diaspora have been grounded. Premised on the belief that the Diaspora shared (and share) a common interest in the enforcement of civil and human rights, including self-determination and ending European colonial domination... |
2006 |
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| Berta Hernandez-Truyol , Angela Harris , Francisco Valdés |
BEYOND THE FIRST DECADE: A FORWARD-LOOKING HISTORY OF LATCRIT THEORY, COMMUNITY AND PRAXIS |
17 Berkeley La Raza Law Journal 169 (Spring 2006) |
During the past ten years, the LatCrit community of scholars, students, and social activists have produced twenty law review symposia, including this one. During this time, we also have launched a variety of academic and educational community projects designed to promote antisubordination consciousness and action within, and from, the legal academy... |
2006 |
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| Adele M. Morrison |
CHANGING THE DOMESTIC VIOLENCE (DIS)COURSE: MOVING FROM WHITE VICTIM TO MULTI-CULTURAL SURVIVOR |
39 U.C. Davis Law Review 1061 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31063 I. Constructing Domestic Violence Legal Discourse: Racializing Identity, Process, and Practice. 1071 A. Domestic Violence and the Law: (Dis)Course and How It Got Here. 1072 B. Elements of Discursive Construction. 1075 1. The Battered Woman Identity: White Victim. 1078 2. The Racialized Process: A... |
2006 |
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| Andrew Dana |
CHARITABLE GIVING: AN ANALYSIS AND EXTENSION OF JUSTICE POWELL'S JURISPRUDENCE |
12 Washington and Lee Journal of Civil Rights and Social Justice 233 (Spring, 2006) |
The charitable sector in America is comprised of 1,010,365 charitable organizations, with total assets of over $2.045 trillion, and total revenue of about $942 million. These organizations are exempt from tax by §§ 501(c)(3) and 170 of the Internal Revenue Code (IRC). Sections 501(c)(3) and 170, however, operate to subordinate minority groups. One... |
2006 |
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| Ruby Andrew |
CHILD SEXUAL ABUSE AND THE STATE: APPLYING CRITICAL OUTSIDER METHODOLOGIES TO LEGISLATIVE POLICYMAKING |
39 U.C. Davis Law Review 1851 (June 1, 2006) |
Introduction. 1853 I. OutCrit Scholarship: Developing a Legal Problem-Solving Methodology. 1855 II. History of Incest Prohibitions. 1858 III. Responses to Child Abuse in the United States. 1863 A. Opening the Door in New York. 1863 B. Parens Patriae and the Child Savers. 1864 C. Child Abuse Emerges from the Shadows. 1866 IV. Addressing... |
2006 |
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| Dina Francesca Haynes |
CLIENT-CENTERED HUMAN RIGHTS ADVOCACY |
13 Clinical Law Review 379 (Fall 2006) |
Human rights advocates are at risk of essentializing and re-victimizing the beneficiaries of their own human rights advocacy, or so critics argue. This article looks at human rights advocacy and the merits of client-centered lawyering as opposed to cause lawyering in the human rights context. In this article, the author both acknowledges the... |
2006 |
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| Nancy Levit |
CONFRONTING CONVENTIONAL THINKING: THE HEURISTICS PROBLEM IN FEMINIST LEGAL THEORY |
28 Cardozo Law Review 391 (October, 2006) |
One of the most significant lessons from cognitive psychology in the past quarter century is the idea that when people make judgments under conditions of uncertainty, they use shorthand methods of decision making called heuristics. While these mental shortcuts usually result in accurate judgments, they can include systematic psychological biases... |
2006 |
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| Adrien Katherine Wing |
CONSTITUTIONALISM, LEGAL REFORM, AND THE ECONOMIC DEVELOPMENT OF PALESTINIAN WOMEN |
15 Transnational Law & Contemporary Problems 655 (Spring 2006) |
I. Introduction. 656 II. Status of Palestinian Women. 658 A. Custom and Tradition. 658 B. Religious Law (Shari'a). 663 C. Effects of the Occupation. 668 D. Spirit Injuries. 672 III. Constitutionalism: History, the Basic Law, and the Draft Constitution. 673 A. Pre-Basic Law Statutory History. 673 B. The Basic Law and the Draft Constitution. 676 1.... |
2006 |
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| Eric K. Yamamoto , Carly Minner , Karen Winter |
CONTEXTUAL STRICT SCRUTINY |
49 Howard Law Journal 241 (Winter 2006) |
One wonders whether the majority still believes that race discrimination-- or more accurately, race discrimination against nonwhites--is a problem in our society, or even remembers that it ever was. Justice Harry Blackmun Justice Blackmun's famous dissent highlighted a stark truth about the Supreme Court's late 1980s' equality jurisprudence--an... |
2006 |
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| Ashley Young |
CONTINUING AN AMERICAN LEGACY OF RACIAL AND CULTURAL INJUSTICE: A CRITICAL LOOK AT BONNICHSEN V. UNITED STATES |
17 DePaul-LCA Journal of Art and Entertainment Law 1 (Fall 2006) |
~ Law is embroiled in the politics of identity ~ Since the days the first European settlers landed on the eastern shores of North America and began to displace the indigenous population, Native Americans have been both culturally and physically subjugated. This can be seen most clearly in the acceptance of both the desecration and looting of Native... |
2006 |
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| Professor Adrien Katherine Wing , Monica Nigh Smith |
CRITICAL RACE FEMINISM LIFTS THE VEIL?: MUSLIM WOMEN, FRANCE, AND THE HEADSCARF BAN |
39 U.C. Davis Law Review 743 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L3745 I. Background. 750 A. The Headscarf in Islam. 750 B. Muslims in France. 752 C. The Muslim Headscarf in Secular France. 754 D. Passage of the Headscarf Ban. 756 II. Views on the Headscarf Ban. 757 A. The Presence of the Muslim Female Voice in the Headscarf Ban Discussion. 757 B. Muslim Females in Favor... |
2006 |
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| Gina J. Chirichigno |
CRYING WOLF? WHAT WE CAN LEARN FROM "MISCONCEPTIONS" ABOUT DISCRIMINATION: A TRANSFORMATIONAL APPROACH TO ANTI-DISCRIMINATION LAW |
49 Howard Law Journal 553 (Winter 2006) |
Just as hunger is not the feeling of missing a meal, so our way of being cold has need of a new word. We say hunger, we say tiredness', fear, pain, we say winter and they are different things. They are the words, created and used by free men who live in comfort and suffering in their homes. Social scientists may debate how peoples'... |
2006 |
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| Richard Salgado |
DAN THE XENOPHOBE RIDES THE A-TRAIN, OR THE MODERN, UNCONSCIOUS RACIST IN "ENLIGHTENED AMERICA" |
15 American University Journal of Gender, Social Policy and the Law 69 (2006) |
Introduction. 69 I. The Demise of Overt Racism/ Barbecue in Indian Wells. 74 II. Unconscious Racism, Denial, & Rationalization/ After a Yankee's Game, 1:30 a.m.. 84 III. Overcoming Unconscious Racism / Riding the A Train to JFK, 3:30 a.m.. 96 Conclusion. 105 |
2006 |
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| Michèle Alexandre |
DANCE HALLS, MASQUERADES, BODY PROTEST AND THE LAW: THE FEMALE BODY AS A REDEMPTIVE TOOL AGAINST TRINIDAD'S GENDER-BIASED LAWS |
13 Duke Journal of Gender Law & Policy 177 (Spring 2006) |
Male domination of the female body is the basic material reality of women's lives; and all struggle for dignity and self-determination is rooted in the struggle for actual control of one's own body . . . . The very word erotic comes from the Greek word eros, the personification of love in all its aspects-born of Chaos, and personifying creative... |
2006 |
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