| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Berta E. Hernández-Truyol |
QUERYING LAWRENCE |
65 Ohio State Law Journal 1151 (2004) |
In 2003, the Supreme Court in the landmark decision Lawrence v. Texas found a Texas law, banning homosexual, but not heterosexual, sodomy to be unconstitutional. Thus, Lawrence ended the Bowers era in which morality was deemed to be a justification for discrimination against gays and lesbians. While the decision did bring to United States... |
2004 |
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| David A. Brennen |
RACE AND EQUALITY ACROSS THE LAW SCHOOL CURRICULUM: THE LAW OF TAX EXEMPTION |
54 Journal of Legal Education 336 (September, 2004) |
What is the relevance of race to tax law? The race issues are apparent when one studies a subject like constitutional law. The Constitution concerns itself explicitly with such matters as defining rights of citizenship, allocating powers of government, and determining rights with respect to property. Given the history of our countrywith slavery... |
2004 |
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| A. Mechele Dickerson |
RACE MATTERS IN BANKRUPTCY |
61 Washington and Lee Law Review 1725 (Fall, 2004) |
C1-6Table of Contents I. L2-5,T5Introduction 1726 II. L2-5,T5Bankruptcy Relief 1727 A. L3-5,T5Goals 1727 B. L3-5,T5Structure 1731 1. L4-5,T5Treatment of Debts 1731. 2. L4-5,T5Treatment of Assets 1735. C. L3-5,T5Criticisms and Uses of Existing Bankruptcy Laws 1738 D. L3-5,T5Costs 1741 III. L2-5,T5Racial Impact of Bankruptcy Relief 1743 A.... |
2004 |
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| Devon W. Carbado , Mitu Gulati |
RACE TO THE TOP OF THE CORPORATE LADDER: WHAT MINORITIES DO WHEN THEY GET THERE |
61 Washington and Lee Law Review 1645 (Fall, 2004) |
Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be... |
2004 |
|
| David A. Skeel, Jr. |
RACIAL DIMENSIONS OF CREDIT AND BANKRUPTCY |
61 Washington and Lee Law Review 1695 (Fall, 2004) |
C1-4Table of Contents I. L2-3,T3Introduction 1695. II. L2-3,T3The Mystery of the Missing Bankruptcy Practice: Credit and Race in the Middle Decades 1698. A. A Brief Overview of a Prominent Black Philadelphia Law Firm. 1699 B. Explaining the Absence of Bankruptcy. 1700 III. L2-3,T3Credit Cards, Bankruptcy, and Consumer Protection in the 1970s 1706.... |
2004 |
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| Rhonda V. Magee Andrews |
RACIAL SUFFERING AS HUMAN SUFFERING: AN EXISTENTIALLY-GROUNDED HUMANITY CONSCIOUSNESS AS A GUIDE TO A FOURTEENTH AMENDMENT REBORN |
13 Temple Political & Civil Rights Law Review 891 (Spring 2004) |
Liberation is thus a childbirth, and a painful one. Paulo Freire Brazilian philosopher of education On the occasion of my elevation to the status of tenured Professor, the Dean of my law school was kind enough to send flowers. When they arrived at my home in an over-priced and almost exclusively white neighborhood, I opened the door to a tall,... |
2004 |
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| Benjamin Kohler |
RACIAL VOICE IDENTIFICATION: JUDICIALLY CONDONING THE BOGUS SCIENCE OF 'HEARING COLOR' |
77 Temple Law Review 757 (Fall 2004) |
The quality of a particular voice is sensed by hearing, just as the appearance of a person is sensed by sight. It is simply not possible to perceive appearance using the sense of hearing. One might presume that a particular voice or accent would be indicative of how the speaker might look. However, that presumption would be based solely on... |
2004 |
|
| George H. Taylor |
RACISM AS "THE NATION'S CRUCIAL SIN" : THEOLOGY AND DERRICK BELL |
9 Michigan Journal of Race and Law 269 (Spring 2004) |
INTRODUCTION. 269 I. The Problem: Racism's Permanence. 272 A. Bell's Thesis. 272 B. The Evidence. 275 II. The Possibilities of Action. 282 A. The Virtues of Necessity. 282 B. Action as Protest. 284 C. Action as Racial Realism. 285 D. Action as Writing. 287 E. Action: Not By Morality Alone. 290 III. Niebuhr's Theology. 291 A. A Political Theology.... |
2004 |
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| Otis B. Grant |
RATIONAL CHOICE OR WRONGFUL DISCRIMINATION? THE LAW AND ECONOMICS OF JURY NULLIFICATION |
14 George Mason University Civil Rights Law Journal 145 (Spring 2004) |
In 1995 Professor Paul Butler shocked the conscience of American legal dogma by brilliantly arguing that African Americans should engage in jury nullification in an effort to redress rampant discrimination in American society. Although there was much hue and cry over Professor Butler's thesis, both his inclination and rationale continue to be... |
2004 |
|
| Carole J. Buckner |
REALIZING GRUTTER v. BOLLINGER'S "COMPELLING EDUCATIONAL BENEFITS OF DIVERSITY" - TRANSFORMING ASPIRATIONAL RHETORIC INTO EXPERIENCE |
72 UMKC Law Review 877 (Summer, 2004) |
A commitment to diversity in the legal profession requires far more than expansion of access to legal education. The United States Supreme Court held in Grutter v. Bollinger that obtaining the educational benefits of diversity constitutes a compelling state interest sufficient to permit admissions based on a holistic consideration of the... |
2004 |
|
| Reginald Oh |
RE-MAPPING EQUAL PROTECTION JURISPRUDENCE: A LEGAL GEOGRAPHY OF RACE AND AFFIRMATIVE ACTION |
53 American University Law Review 1305 (August, 2004) |
Introduction. 1307 I. Law as Narrative: Judicial Opinions and the Narrative Construction of Social Reality. 1311 A.Legal Narratives Reinforce and Reproduce Dominant Cultural, Political, and Social Beliefs. 1313 B.Critiquing Dominant Legal Narrative Constructions of Social Reality. 1314 C.Space, Not Time, Hides Consequences From Us: Examining... |
2004 |
|
| Alfred L. Brophy |
REPARATIONS TALK: REPARATIONS FOR SLAVERY AND THE TORT LAW ANALOGY |
24 Boston College Third World Law Journal 81 (Winter, 2004) |
Abstract: This Article examines the current landscape of reparations for slavery, identifying the contours of reparations lawsuits and exploring the ability of tort law to help apportion moral culpability in the reparations context. It first examines several possibilities for lawsuits for Jim Crow, discussing constitutional requirements and... |
2004 |
|
| Robert P. Wasson, Jr. |
RESOLVING SEPARATION OF POWERS AND FEDERALISM PROBLEMS RAISED BY ERIE, THE RULES OF DECISION ACT, AND THE RULES ENABLING ACT: A PROPOSED SOLUTION |
32 Capital University Law Review 519 (Spring, 2004) |
C1-5Table of Contents I. L2-4,T4Introduction 523 II. L2-4,T4How and Why Swift Failed to Adequately Address Separation of Powers and Federalism Problems Raised by the Rules of Decision Act and the Superiority of the Proposed Irresistible Incentive Test as a Means of Determining Both the Existence and Identity of Substantive State Rights 533 III.... |
2004 |
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| Matthew M. Kavanagh |
REWRITING THE LEGAL FAMILY: BEYOND EXCLUSIVITY TO A CARE-BASED STANDARD |
16 Yale Journal of Law & Feminism 83 (2004) |
Introduction: Negotiating the Post-Modern Family. 84 I. Writing the Family in Law and Politics. 87 A. Current Constructions of Family. 87 B. Insider Families: The Right Side of the Law. 91 C. Learning from Outsider Families. 96 II. Exclusivity in Case Law. 99 A. Writing Out Stepparents. 99 B. Writing Out Lesbian and Gay Parents and Sperm Donors.... |
2004 |
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| Michael Ashley Stein |
SAME STRUGGLE, DIFFERENT DIFFERENCE: ADA ACCOMMODATIONS AS ANTIDISCRIMINATION |
153 University of Pennsylvania Law Review 579 (December, 2004) |
The Americans with Disabilities Act (ADA) was heralded as an emancipation proclamation for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from... |
2004 |
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| Peter Goodrich |
SATIRICAL LEGAL STUDIES: FROM THE LEGISTS TO THE LIZARD |
103 Michigan Law Review 397 (December, 2004) |
Introduction. 399 I. Fragmenta Antiquitatis (The Enduring Tradition). 415 A. The Civilian Tradition. 416 B. The Sermon on the Laws. 419 C. Satirical Themes. 422 1. Personification. 422 2. Novelty. 423 3. Ridicule. 425 4. Criticism. 426 II. Satura Resartus (The Revival of Satire). 429 A. Allegory and Theater. 429 B. Ad Hominem Arguments. 432 C.... |
2004 |
|
| Chris K. Iijima |
SHOOTING JUSTICE JACKSON'S "LOADED WEAPON" AT YSAR HAMDI: JUDICIAL ABDICATION AT THE CONVERGENCE OF KOREMATSU AND MCCARTHY |
54 Syracuse Law Review 109 (2004) |
Prologue. 110 Introduction. 111 I. Hamdi v. Rumsfeld: When Judicial Review Is a Cover For Governmental Impunity. 117 II. Korematsu v. United States: When Military Necessity Is a Cover for Governmental Impunity. 123 III. The Racial Underpinnings of Korematsu. 126 IV. The Racial Underpinnings of Hamdi. 128 V. Padilla v. Bush: When In a World of... |
2004 |
|
| Paul Butler |
SHOULD RADICALS BE JUDGES? |
32 Hofstra Law Review 1203 (Summer 2004) |
Should people who seek fundamental changes in the United States' political and economic systems become judges? I want to consider this question from the perspective of those persons--whom I will call radicals--and from ethics. The first issue requires an understanding of legal radicalism, especially its analysis of judicial power. The radical... |
2004 |
|
| John O. Calmore |
SOCIAL JUSTICE ADVOCACY IN THE THIRD DIMENSION: ADDRESSING THE PROBLEM OF "PRESERVATION-THROUGH-TRANSFORMATION" |
16 Florida Journal of International Law 615 (September, 2004) |
The ways in which the legal system enforces social stratification are various and evolve over time. Efforts to reform a status regime bring about changes in its rule structure and justificatory rhetoric - a dynamic I have called . . . preservation-through-transformation. - Reva Siegel [T]hird-dimensional lawyering involves helping a group learn... |
2004 |
|
| Brett G. Scharffs |
THE CHARACTER OF LEGAL REASONING |
61 Washington and Lee Law Review 733 (Spring, 2004) |
C1-3Table of Contents I. Introduction. 734 A. The Distinctive Character of Legal Reasoning. 734 B. Thesis. 740 II. The Character and Relationship of Practical Wisdom, Craft, and Rhetoric. 743 A. The Concerns or Ends. 743 B. Components. 747 C. Distinctive Characteristics. 757 D. Success. 759 III. The Dark Side of Practical Wisdom, Craft, and... |
2004 |
|
| Alfred L. Brophy |
THE CULTURAL WAR OVER REPARATIONS FOR SLAVERY |
53 DePaul Law Review 1181 (Spring 2004) |
American democracy is a most dramatic form of social organization, and in that drama each of us enacts his role by asserting his own and his group's values and traditions against those of his fellow citizens. Indeed, a battle-royal conflict of interests appears to be basic to our conception of freedom, and the drama of democracy proceeds through a... |
2004 |
|
| Gregory P. Magarian |
THE FIRST AMENDMENT, THE PUBLIC-PRIVATE DISTINCTION, AND NONGOVERNMENTAL SUPPRESSION OF WARTIME POLITICAL DEBATE |
73 George Washington Law Review 101 (November, 2004) |
Introduction. 102 I. Confronting Nongovernmental Censorship of Political Debate in Wartime. 105 A. The Value and Vulnerability of Wartime Political Debate. 105 1. The Historical Vulnerability of Wartime Political Debate to Nongovernmental Suppression. 105 2. The Public Rights Theory of Expressive Freedom and the Necessity of Robust Political Debate... |
2004 |
|
| Barbara Stark |
THE FUTURE OF THE FOURTEENTH AMENDMENT AND INTERNATIONAL HUMAN RIGHTS LAW: THE BLACK HERITAGE TRAIL |
13 Temple Political & Civil Rights Law Review 557 (Spring 2004) |
[T]he Amendment was framed by men who possessed differieng views on the great question of the suffrage and who, partly in order to formulate some program of government and partly out of political expediency, papered over the differences with the broad, elastic language of § 1 and left to future interpreters of their Amendment the task of resolving... |
2004 |
|
| Margot Mendelson |
THE LEGAL PRODUCTION OF IDENTITIES: A NARRATIVE ANALYSIS OF CONVERSATIONS WITH BATTERED UNDOCUMENTED WOMEN |
19 Berkeley Women's Law Journal 138 (2004) |
Introduction. 139 Chapter 1: The Social Networks Discourse, Its Critics, and the Problem of Essentialization. 150 Chapter 2: The Battered Women's Movement: Incorporating Institutional Critique. 170 Chapter 3: In Their Own Words: Driver's Licenses and Safety as Lenses. 189 Chapter 4: The Legal Construction of the Undocumented Immigrant. 202... |
2004 |
|
| Brant T. Lee |
THE NETWORK ECONOMIC EFFECTS OF WHITENESS |
53 American University Law Review 1259 (August, 2004) |
Introduction 1260 I. White Network Economics: How Whiteness Works as a Network Standard 1267 A.Network Economics and Standards 1268 B.A Dominant Racial Standard 1270 C.Interoperability: Communication and Culture 1271 1.Verbal communication: language, dialect, and accent 1272 2.Culture 1276 3.Stereotypes 1278 4.In general 1280 II. The Persistence of... |
2004 |
|
| Patrick M. Garry |
THE NEXT STEP IN DIVERSITY: EXTENDING THE LOGIC GRUTTER V. BOLLINGER TO FACULTY TENURE |
82 Denver University Law Review 1 (2004) |
Prior to 2003, the United States Supreme Court had decided only one case involving affirmative action policies in higher education. In Regents of University of California v. Bakke, the Court overturned a medical school's racial set-aside program that reserved 16 out of 100 admission slots for members of certain minority groups. Twenty-five years... |
2004 |
|
| Clark Freshman |
THE PROMISE AND PERILS OF 'OUR' JUSTICE: PSYCHOLOGICAL, CRITICAL AND ECONOMIC PERSPECTIVES ON COMMUNITIES AND PREJUDICES IN MEDIATION |
6 Cardozo Journal of Conflict Resolution 1 (Fall 2004) |
Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from... |
2004 |
|
| Richard Delgado , Jean Stefancic |
THE RACIAL DOUBLE HELIX: WATSON, CRICK, AND BROWN V. BOARD OF EDUCATION (OUR NO-BELL PRIZE AWARD SPEECH) |
47 Howard Law Journal 473 (Spring 2004) |
Legal interpretation takes place in a field of pain and death. But even that graphic statement by Robert Cover--perhaps the most famous ever written in a law review article--may understate. It is not merely that judges' dockets are full of murders, rapes, assaults, and other forms of gore that they are left to clean up because no one else will.... |
2004 |
|
| Orly Lobel |
THE RENEW DEAL: THE FALL OF REGULATION AND THE RISE OF GOVERNANCE IN CONTEMPORARY LEGAL THOUGHT |
89 Minnesota Law Review 342 (December, 2004) |
Introduction. 343 I. The Spirit of Renewal in Contemporary Legal Thought. 350 II. The Push and Pull for Renewal. 355 A. The Competing Logics of the Renew Deal: Closing the Gap or Leading the Way. 355 B. External Push Factors: Law Follows the Political Economy. 356 C. The Internal Pull: The Directive of Legal Thought. 361 D. Cycles of Renewal. 367... |
2004 |
|
| Alfreda Robinson |
TROUBLING "SETTLED" WATERS: THE OPPORTUNITY AND PERIL OF AFRICAN-AMERICAN REPARATIONS |
24 Boston College Third World Law Journal 139 (Winter, 2004) |
Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... |
2004 |
|
| R.A. Lenhardt |
UNDERSTANDING THE MARK: RACE, STIGMA, AND EQUALITY IN CONTEXT |
79 New York University Law Review 803 (June, 2004) |
In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that... |
2004 |
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| |
WHO GETS IN? THE QUEST FOR DIVERSITY AFTER GRUTTER |
52 Buffalo Law Review 531 (Spring 2004) |
Athena D. Mutua--Moderator Sheldon Zedeck Frank H. Wu Charles E. Daye Margaret E. Montoya David L. Chambers--Panelists On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture, a panel discussion entitled, Who Gets In? The Quest for Diversity After Grutter. The Mitchell Committee decided to focus this year's... |
2004 |
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| Christine A. Littleton |
WORKING WOMEN: THANK YOU, YOU'RE UNWELCOME |
19 Berkeley Women's Law Journal 299 (2004) |
If sexuality is set apart from gender, it will be a law unto itself. It's the economy, stupid. The Preface of MacKinnon and Siegel's anthology succinctly explains the origins of the volume: On February 27-29, 1998, a symposium at the Yale Law School commemorated the twentieth anniversary of the publication of Sexual Harassment of Working Women... |
2004 |
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| Daria Roithmayr |
"EASY FOR YOU TO SAY": AN ESSAY ON OUTSIDERS, THE USEFULNESS OF REASON, AND RADICAL PRAGMATISM |
57 University of Miami Law Review 939 (April, 2003) |
In this essay, I argue that Schlag's critique of reason fails to take into account the concerns of people of color and women in two ways. First, it fails to address the way in which the ideology of reason structures racial and gendered power. Second, it fails to consider the value of the ideology of reason for people of color and women, both of... |
2003 |
|
| Lisa A. Crooms |
"TO ESTABLISH MY LEGITIMATE NAME INSIDE THE CONSCIOUSNESS OF STRANGERS": CRITICAL RACE PRAXIS, PROGRESSIVE WOMEN-OF-COLOR THEORIZING, AND HUMAN RIGHTS |
46 Howard Law Journal 229 (Winter 2003) |
As a female member of our endangered species, I am searching for a relevant proof of sisterhood: I am searching for relevant proof of brotherhood hinged to that sisterhood. I want to pursue the collective, and the creative, securement of all our legitimate names for all of our, finally, legitimate lives. I need to establish my legitimate name... |
2003 |
|
| William Bradford |
"WITH A VERY GREAT BLAME ON OUR HEARTS": REPARATIONS, RECONCILIATION, AND AN AMERICAN INDIAN PLEA FOR PEACE WITH JUSTICE |
27 American Indian Law Review 1 (2002-2003) |
In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... |
2003 |
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| Maria Grahn-Farley |
A THEORY OF CHILD RIGHTS |
57 University of Miami Law Review 867 (April, 2003) |
The focus on rights prevents a broader reallocation of resources. I want to examine the process that is at work when one chooses to use a rights language rather than question social hierarchy. Rights are based on constructed identities, not on lived conditions. A person calls for rights because the social hierarchy harms that person. The harm is... |
2003 |
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| Ruben J. Garcia |
ACROSS THE BORDERS: IMMIGRANT STATUS AND IDENTITY IN LAW AND LATCRIT THEORY |
55 Florida Law Review 511 (January, 2003) |
I. L2-3,T3Introduction 512. II. L2-3,T3The Porous Borders of Existing Legal Doctrines 515. A. Workplace Law: Weak Protection of Immigrants. 515 B. Fair Housing Law: No Home for the Immigrant Worker. 520 C. Darkness: Public Accommodations, Hate Crimes, and Street Harassment. 522 D. The Mutually Constitutive Nature of Law and Society. 523 III.... |
2003 |
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| Otis B. Grant |
AFRICAN AMERICAN COLLEGE FOOTBALL PLAYERS AND THE DILEMMA OF EXPLOITATION, RACISM AND EDUCATION: A SOCIO-ECONOMIC ANALYSIS OF SPORTS LAW |
24 Whittier Law Review 645 (Spring 2003) |
This article examines whether the current rules, regulations, and policies of the National Collegiate Athletic Association (NCAA) perpetuate the exploitation of student-athletes who are given athletic scholarships to play on intercollegiate football teams. This article contends that colleges that grant full athletic scholarships exploit football... |
2003 |
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| John O. Calmore |
AIRING DIRTY LAUNDRY: DISPUTES AMONG PRIVILEGED BLACKS--FROM CLARENCE THOMAS TO "THE LAW SCHOOL FIVE" |
46 Howard Law Journal 175 (Winter 2003) |
To get from one day to the next, all competent members of society must be able to act, interact, and understand the meaning of what they do. -- Ira J. Cohen [T]he problem of the law-room is the order of things in the social hierarchy. The problem is connected to the power relationship between the people on the top and the people on the bottom. The... |
2003 |
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| Guido Calabresi |
AN INTRODUCTION TO LEGAL THOUGHT: FOUR APPROACHES TO LAW AND TO THE ALLOCATION OF BODY PARTS |
55 Stanford Law Review 2113 (June, 2003) |
Introduction. 2113 I. Doctrinalism or Autonomism. 2114 II. Law and . . . . 2118 III. The Legal Process School. 2122 IV. Law and Status. 2127 V. Schools and Movements. 2129 VI. Do We Own Our Bodies--The Doctrinalist's Approach. 2132 VII. Do We Own Our Bodies--The Law and . . . Viewpoint. 2137 VIII. Do We Own Our Bodies--The Legal Process... |
2003 |
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| Maria Grahn-Farley |
AN OPEN LETTER TO PIERRE SCHLAG |
57 University of Miami Law Review 755 (April, 2003) |
This letter is a written version of my spoken address on the works of Pierre Schlag at the symposium, Beyond Right and Reason: Pierre Schlag, the Critique of Normativity, and the Enchantment of Reason, at the University of Miami School of Law, hosted by Pamela and Michael Fischl. This letter is written with respect and appreciation for Pierre... |
2003 |
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| Paul M. Kurtz |
ANNUAL SURVEY OF PERIODICAL LITERATURE |
36 Family Law Quarterly 775 (Winter, 2003) |
The Fifteenth Annual Survey of Periodical Literature covers the period from approximately November 1, 2001, to November 1, 2002. As always, it is not intended to be encyclopedic and there are no hidden messages being sent by the inclusion or exclusion of any particular article. It is designed to provide a substantial sampling and brief description... |
2003 |
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| Cheryl L. Wade |
ATTEMPTING TO DISCUSS RACE IN BUSINESS AND CORPORATE LAW COURSES AND SEMINARS |
77 Saint John's Law Review 901 (Fall 2003) |
I have taught business and corporate law courses and seminars at two New York area law schools for slightly more than a decade and have confronted several interesting challenges in the process. These challenges have varied according to the interests and personal backgrounds of my students. In some years, there was a critical mass of students... |
2003 |
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| Reza Dibadj |
BEYOND FACILE ASSUMPTIONS AND RADICAL ASSERTIONS: A CASE FOR "CRITICAL LEGAL ECONOMICS" |
2003 Utah Law Review 1155 (2003) |
This piece takes issue with the conventional wisdom that economic and critical approaches to law are incompatible. It argues that the facile assumptions behind the popular conception of law and economics, as well as the radical assertions characterizing traditional critical legal studies, mask the potential of each approach. Once stripped of... |
2003 |
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| Rogers M. Smith |
BLACK AND WHITE AFTER BROWN: CONSTRUCTIONS OF RACE IN MODERN SUPREME COURT DECISIONS |
5 University of Pennsylvania Journal of Constitutional Law 709 (May, 2003) |
This essay examines one dimension of a quite broad-ranging topic: how modern American law is explicitly and implicitly constructing the racial identities of contemporary American citizens. I focus on two contrasting conceptions of white and black racial identity visible in decisions of the United States Supreme Court during the post-Jim Crow... |
2003 |
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| Camille A. Nelson |
BREAKING THE CAMEL'S BACK: A CONSIDERATION OF MITIGATORY CRIMINAL DEFENSES AND RACISM-RELATED MENTAL ILLNESS |
9 Michigan Journal of Race and Law 77 (Fall 2003) |
INTRODUCTION. 77 I. Critical Psychology and Racism as Abuse. 83 A. Stress and Distress. 80 B. Coping. 98 C. The Humiliation Dynamic. 102 II. Criminal Law Defenses Capable of Critical Psychology Infusion. 108 A. Provocation. 110 B. Extreme Emotional Disturbance. 117 C. Diminished Capacity. 121 III. Concerns With Infusion -- Identity,... |
2003 |
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| Peter C. Alexander |
BUILDING 'A DOLL'S HOUSE': A FEMINIST ANALYSIS OF MARITAL DEBT DISCHARGEABILITY IN BANKRUPTCY |
48 Villanova Law Review 381 (2003) |
MUCH has been written about divorce in this country, the feminization of poverty that may be fairly attributed to the rise in divorce rates and the resulting financial hardship that often occurs. Less noticeably, a feminist discussion has evolved concerning the intersection of divorce and bankruptcy, specifically the discharge of marital debts in... |
2003 |
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| Camille A. Nelson |
CARRIERS OF GLOBALIZATION: LOSS OF HOME AND SELF WITHIN THE AFRICAN DIASPORA |
55 Florida Law Review 539 (January, 2003) |
I. Introduction. 539 II. Plight of the Returnee. 548 III. Impact of Globalization on Home. 561 IV. Searching for Solutions. 576 |
2003 |
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| Adrien Katherine Wing |
CIVIL RIGHTS IN THE POST 911 WORLD: CRITICAL RACE PRAXIS, COALITION BUILDING, AND THE WAR ON TERRORISM |
63 Louisiana Law Review 717 (Spring, 2003) |
As we await the decisions in the University of Michigan affirmative action cases, this symposium raises a timely and important query: is civil rights law dead? This article answers that query by asserting that there is a need for a thorough reconceptualization in the 21st century. Historically, civil rights in the United States has been synonymous... |
2003 |
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