| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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| 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 |
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| 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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| Miriam A. Cherry |
DECENTERING THE FIRM: THE LIMITED LIABILITY COMPANY AND LOW-WAGE IMMIGRANT WOMEN WORKERS |
39 U.C. Davis Law Review 787 (March, 2006) |
C1-2Table of Contents Introduction. 787 I. Feminist Business. 790 II. Corporate Law: Using the Master's Tools?. 795 III. One Possible Solution: The Limited Liability Company. 798 Conclusion. 803 |
2006 |
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| Carmen G. Gonzalez |
DECONSTRUCTING THE MYTHOLOGY OF FREE TRADE: CRITICAL REFLECTIONS ON COMPARATIVE ADVANTAGE |
17 Berkeley La Raza Law Journal 65 (Spring 2006) |
In September 2003, the Fifth Ministerial meeting of the World Trade Organization (WTO) in Cancun, Mexico, collapsed abruptly as a consequence of bitter disputes between the wealthy, industrialized countries of the North and the less affluent countries of the South over agricultural subsidies. Claiming that the $300 billion annual subsidies paid by... |
2006 |
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| Margaret Montoya |
DEFENDING THE FUTURE VOICES OF CRITICAL RACE FEMINISM |
39 U.C. Davis Law Review 1305 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31307 I. Higher Education Access in New Mexico: Grutter Plus New Strategies. 1307 II. Increasing Educational Access, Decreasing Social Disparities. 1311 A. Introducing Race and Culture into Public School Curricula. 1312 B. Preparing Culturally Competent Doctors and Lawyers. 1314 L1-2Conclusion . L31319 |
2006 |
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| Cassandra Jones Havard |
DEMOCRATIZING CREDIT: EXAMINING THE STRUCTURAL INEQUITIES OF SUBPRIME LENDING |
56 Syracuse Law Review 233 (2006) |
Introduction. 234 I. Fair Lending and Economic Subordination. 235 A. The Equal Credit Opportunity Act. 236 B. The ECOA and Structural Inequities. 239 II. Market Structure as Exclusionary Conduct. 243 A. Market Dominance. 246 B. Market Segmentation. 248 1. Perfect Information. 251 2. Transaction Costs. 252 3. Agency Costs. 254 C.... |
2006 |
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| Kristen A. Sheeran |
ECOLOGICAL ECONOMICS: A PROGRESSIVE PARADIGM? |
17 Berkeley La Raza Law Journal 21 (Spring 2006) |
Ecological economics constitutes a major paradigm shift in mainstream economics. Its fundamental vision of the economic system, as circumscribed by ecological limits, challenges the feasibility and desirability of the unlimited growth which underlies economic orthodoxy. As an alternative to mainstream economics, ecological economics can appeal to... |
2006 |
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| Angela Onwuachi-Willig |
FOREWORD: THIS BRIDGE CALLED OUR BACKS: AN INTRODUCTION TO "THE FUTURE OF CRITICAL RACE FEMINISM" |
39 U.C. Davis Law Review 733 (March, 2006) |
I've had enough I'm sick of seeing and touching Both sides of things Sick of being the damn bridge for everybody Nobody Can talk to anybody Without me Right? I explain my mother to my father my father to my little sister My little sister to my brother my brother to the white feminists The white feminists to the Black church folks the Black church... |
2006 |
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| Michele Goodwin |
FORMALISM AND THE LEGAL STATUS OF BODY PARTS |
2006 University of Chicago Legal Forum 317 (2006) |
Our function cannot be limited to a mere blind adherence to precedent. We must determine with the best exercise of our mental powers of which we are capable that law which in all probability will be applied . If this means the discovering and applying of a new doctrinal trend . this is our task to be performed directly and straightforwardly,... |
2006 |
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| Eugene R. Milhizer |
GROUP STATUS AND CRIMINAL DEFENSES: LOGICAL RELATIONSHIP OR MARRIAGE OF CONVENIENCE? |
71 Missouri Law Review 547 (Summer, 2006) |
C1-2Table of Contents Introduction. 548 I. An Overview of Group Status and the Criminal Law. 550 II. Traditional Justification and Excuse Defenses. 559 A. Categories of Defenses. 561 B. Justification Defenses. 563 C. Excuse Defenses. 568 III. Modern Theories of Defense Based on Group Status. 577 A. Battered Women Syndrome. 579 B. Social Background... |
2006 |
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| Dr. Martin D. Carcieri |
GRUTTER v. BOLLINGER AND CIVIL DISOBEDIENCE |
31 University of Dayton Law Review 345 (2006) |
[M]en [too often] take it upon themselves to begin the process of repealing those general laws of humanity which are there to give a hope of salvation to all who are in distress, instead of leaving those laws in existence, remembering that there may come a time when they, too, will be in danger and will need their protection. [N]o state has any... |
2006 |
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| Janine Young Kim |
HATE CRIME LAW AND THE LIMITS OF INCULPATION |
84 Nebraska Law Review 846 (2006) |
I. Introduction. 846 II. The Case Against Greater Culpability. 851 A. The Uniqueness of the Hate Motive. 852 B. Punishing Bad Character. 855 III. The Evaluative Conception and Greater Culpability. 860 A. The Contours of the Evaluative Conception. 861 B. Inculpation Under the Evaluative Conception. 868 IV. The Hate Motive and Greater Culpability.... |
2006 |
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| Lisa C. Ikemoto |
IN THE SHADOW OF RACE: WOMEN OF COLOR IN HEALTH DISPARITIES POLICY |
39 U.C. Davis Law Review 1023 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31025 I. The Federal Government's Role in Addressing Racism and Patriarchy in Health Care: 1940s-1970s. 1028 A. The Federal Government's Influence. 1028 B. Racism in Health Care: The Civil Rights Era. 1029 C. Patriarchy in Health Care: The Women's Health Movement and the Abortion Wars. 1031 D. Women of... |
2006 |
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| Margaret Chon |
INTELLECTUAL PROPERTY AND THE DEVELOPMENT DIVIDE |
27 Cardozo Law Review 2821 (April, 2006) |
The ends and means of development require examination and scrutiny for a fuller understanding of the development process; it is simply not adequate to take as our basic objective just the maximization of income or wealth, which is, as Aristotle noted, merely useful and for the sake of something else. For the same reason, economic growth cannot... |
2006 |
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| Reginald Oh |
INTERRACIAL MARRIAGE IN THE SHADOWS OF JIM CROW: RACIAL SEGREGATION AS A SYSTEM OF RACIAL AND GENDER SUBORDINATION |
39 U.C. Davis Law Review 1321 (March, 2006) |
C1-3Table of Contents L1-2Introduction . L31323 I. Racial Segregation in Public Schools and the Traditional View of Brown: A Case About Equal Educational Opportunity. 1324 II. Antimiscegenation Laws and the Preservation of White Racial Purity. 1329 III. Racial segregation and Antimiscegenation: What Loving Has to Do with Brown. 1333 A. Rice v. Gong... |
2006 |
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| Bradley Allan Areheart |
INTERSECTIONALITY AND IDENTITY: REVISITING A WRINKLE IN TITLE VII |
17 George Mason University Civil Rights Law Journal 199 (Winter 2006) |
In DeGraffenreid v. General Motors Assembly Division, a group of black female employees sued General Motors (GM) under Title VII of the 1964 Civil Rights Act, claiming that GM's seniority system was discriminatory towards black women. They alleged that the discrimination they encountered as black women was a combination of race- and sex-based... |
2006 |
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