Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Devon W. Carbado , Mitu Gulati |
WHAT EXACTLY IS RACIAL DIVERSITY? |
91 California Law Review 1149 (July, 2003) |
Andrea Guerrero's Silence at Boalt Hall: The Dismantling of Affirmative Action (Silence at Boalt Hall) is the story of the rise and fall of affirmative action at Boalt Hall, the law school of the University of California at Berkeley (Boalt Hall or Boalt). According to Guerrero, her book is neither a general history of affirmative action nor... |
2003 |
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W. Bradley Wendel |
"CERTAIN FUNDAMENTAL TRUTHS": A DIALECTIC ON NEGATIVE AND POSITIVE LIBERTY IN HATE-SPEECH CASES |
65-SPG Law and Contemporary Problems 33 (Spring 2002) |
The following conversation between a civil libertarian and a new-left First Amendment theorist occurred as part of the ABA's conference on the present and future of the Bill of Rights. The discussion was precipitated by the case of Matthew Hale, a white supremacist who--to put it mildly--likes to attract media attention. He set himself up as the... |
2002 |
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Robert S. Chang |
"FORGET THE ALAMO": RACE COURSES AS A STRUGGLE OVER HISTORY AND COLLECTIVE MEMORY |
13 Berkeley La Raza Law Journal 113 (Fall 2002) |
As a child, I learned in school about the Alamo and of the courageous men who fought to their death against the overwhelming forces of the Mexican Army. My classmates and I were told that their defeat became a rallying cry for Texans who sought independence from Mexican rule. The Texans were likened to the founding fathers of our nation who sought... |
2002 |
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Joan Sangster |
"SHE IS HOSTILE TO OUR WAYS": FIRST NATIONS GIRLS SENTENCED TO THE ONTARIO TRAINING SCHOOL FOR GIRLS, 1933-1960 |
20 Law and History Review 59 (Spring, 2002) |
When industrial schools were initially proposed in late nineteenth-century Canada, they were perceived to be a common solution for the neglected and delinquent working-class boy of the urban slums and for the Aboriginal boy in need of similar education, discipline, and moral and vocational training. This undertaking briefly encapsulated the twinned... |
2002 |
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Devon W. Carbado |
(E)RACING THE FOURTH AMENDMENT |
100 Michigan Law Review 946 (March, 2002) |
Prologue: Notes of a Naturalized Son (or how I Became a Black American). 947 I. Introduction. 964 II. Race and the Free to Leave Test. 974 A. Introduction. 974 B. A Racial Re-Reading of Florida v. Bostick. 975 1. The Racial Facts. 975 2. Racial Vulnerability to Police Encounters. 976 C. A Racial Re-Reading of INS v. Delgado. 990 1. The Racial... |
2002 |
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Camille A. Nelson |
(EN)RAGED OR (EN)GAGED: THE IMPLICATIONS OF RACIAL CONTEXT TO THE CANADIAN PROVOCATION DEFENCE |
35 University of Richmond Law Review 1007 (January, 2002) |
Ice hockey is Canada's national pastime, much like baseball is for many Americans. This fact makes the case of Regina v. Smithers all the more interesting. On February 18, 1973, a league hockey game was played between two teams comprised of teenaged young men. The leading player on one team--the deceased Barrie Cobby--was sixteen or seventeen years... |
2002 |
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David Fontana |
A CASE FOR THE TWENTY-FIRST CENTURY CONSTITUTIONAL CANON: SCHNEIDERMAN v. UNITED STATES |
35 Connecticut Law Review 35 (Fall, 2002) |
Hidden in the basements of American law libraries and in the Westlaw and Lexis databases is a generally ignored 1943 case, Schneiderman v. United States. Schneiderman is a case of substantial importance and interest that has belonged in the constitutional canon for some time. In Schneiderman, the Supreme Court of the United States blocked the... |
2002 |
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Maria Grahn-Farley |
A CHILD PERSPECTIVE ON THE JUVENILE JUSTICE SYSTEM |
6 Journal of Gender, Race and Justice 297 (Fall 2002) |
I. Introduction II. The Master Norm III. The Move Away from the Master Norm IV. An Anti-essentialist Method V. What makes it a Child Perspective? VI. The Juvenile Justice System VII. The Child in Adult Confinement A. Rape B. Slavery VIII. Protection Against Torture IX. The Right to Rehabilitation and Reintegration X. Race as a Factor XI. A Child... |
2002 |
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Shin Imai |
A COUNTER-PEDAGOGY FOR SOCIAL JUSTICE: CORE SKILLS FOR COMMUNITY-BASED LAWYERING |
9 Clinical Law Review 195 (Fall 2002) |
An important component of lawyering for social justice is working in communities. In addition to conventional skills, such as legal analysis and litigation, community-based lawyers need skills not taught in the mainstream curriculum. This article describes a counter-pedagogy for teaching students three core skills for community lawyering: how to... |
2002 |
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Kathryn R. Urbonya |
A FOURTH AMENDMENT "SEARCH" IN THE AGE OF TECHNOLOGY: POSTMODERN PERSPECTIVES |
72 Mississippi Law Journal 447 (Fall 2002) |
I. Postmodernism Themes. 458 II. Court's Constructions of a Fourth Amendment Search. 475 A. Constructing the Fourth Amendment with a Property Foundation. 478 B. Reconfiguring the Fourth Amendment's Foundation: Protecting Society's Interest in Privacy. 487 III. The Relationship between Privacy and Emerging Technology After Katz. 493 A. Sui... |
2002 |
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Harvey Gee |
A REVIEW OF FRANK WU'S RENEGOTIATING AMERICA'S MULTI-COLORED LINES |
5 New York City Law Review 203 (Fall 2002) |
During the mid-1990s, affirmative action and immigration were the most controversial political issues of the day. The fact that both subjects concerned race was perhaps part of the reason for this great fervor. As many Americans reevaluated civil rights policy, especially affirmative action, remarkably, there was virtually no discussion of the... |
2002 |
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John Lawrence Hill |
A THEORY OF MERIT |
1 Georgetown Journal of Law and Public Policy 15 (Winter 2002) |
L1-3Introduction Part I: The Three Functions of a Concept of Merit. 19 a. moral merit. 20 b. performative merit. 23 c. qualificational merit. 23 Part II: The Possibility of Meritocratic Justification. 25 a. three philosophical problems. 25 1. The Problem of Psychological Egoism. 26 2. Distinguishing Innate From Earned Talents and Capacities. 27 3.... |
2002 |
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Tom Stacy |
ACTS, OMISSIONS, AND THE NECESSITY OF KILLING INNOCENTS |
29 American Journal of Criminal Law 481 (Summer 2002) |
I. Introduction. 481 II. Lifeboats, Caves, and Conjoined Twins. 484 A. The Lifeboat. 486 B. The Cave. 491 C. The Conjoined Twins. 495 D. Avoiding Evasion. 499 III. Necessity Killing, Moral Theory, and Legal Interpretation. 499 A. Utilitarian Considerations. 501 1. Affirmative Case for Necessity Killing. 501 2. Slippery Slope Objections. 502 a.... |
2002 |
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Gary Blasi |
ADVOCACY AGAINST THE STEREOTYPE: LESSONS FROM COGNITIVE SOCIAL PSYCHOLOGY |
49 UCLA Law Review 1241 (June, 2002) |
Recent research in cognitive social psychology and social cognitive neuroscience has powerful implications for lawyers and other advocates in situations where stereotypes are at work. The science suggests that there are, indeed, few advocacy situations where stereotypes are not at work. Legal scholars have attempted to bring some of this science to... |
2002 |
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Mark R. Brown |
AFFIRMATIVE INACTION: STORIES FROM A SMALL SOUTHERN SCHOOL |
75 Temple Law Review 201 (Summer 2002) |
Fellow citizens, we cannot escape history. - Abraham Lincoln The Fifth Circuit held in Hopwood v. Texas that an applicant's race or ethnicity cannot be used to support student diversity at a public college or university. Whether designed to enhance diversity or to redress past discrimination, affirmative action is, according to the Fifth Circuit,... |
2002 |
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Barbara Stark |
AFTER/WORD(S): 'VIOLATIONS OF HUMAN DIGNITY' AND POSTMODERN INTERNATIONAL LAW |
27 Yale Journal of International Law 315 (Summer 2002) |
I. Introduction. 316 II. PIL's Assumptions About the Nature of International Law. 323 A. Incredulity Toward Metanarratives. 324 1. The Dark Side of the Enlightenment. 324 2. A Postmodernism of Resistance. 326 3. The Limits of Theory. 328 B. The Cultural Logic of Late Capitalism. 332 C. Fragmetation. 336 1. Lex Lata--The Law As It Is. 337 III.... |
2002 |
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Ruthann Robson |
ASSIMILATION, MARRIAGE, AND LESBIAN LIBERATION |
75 Temple Law Review 709 (Winter 2002) |
I. Introduction. 710 II. Assimilation and Legal Culture. 712 A. The Dominant and Idealized Group. 715 B. The Coercive Nature of Assimilation. 717 C. The Constitutional Interests of Equality. 719 D. Both Assimilation and Anti-Assimilation Can Be Repressive. 722 E. Segregation and Separatism. 725 F. The Disagreement Within Communities. 727 III.... |
2002 |
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Jeffery M. Brown |
BLACK INTERNATIONALISM: EMBRACING AN ECONOMIC PARADIGM |
23 Michigan Journal of International Law 807 (Summer 2002) |
Introduction. 807 I. Black Internationalism and the Challenges of Globalization. 819 A. Defining Internationalism. 821 B. Black Internationalism: A Conceptual Overview. 823 II. Historical Expressions of Black Internationalism. 827 A. Assessing the Free South African Movement. 828 B. Bananas, Trade, and the Limitations of Pan-Africanism. 832 C. The... |
2002 |
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Kari L. Karsjens |
BOU TIQUE EGG DONATIONS: A NEW FORM OF RACISM AND PATRIARCHY |
5 DePaul Journal of Health Care Law 57 (Summer 2002) |
Megan is a 25-year-old female in generally good health. She is a second year law student at Stanford. She is the first woman in her family who has not married and had children by age 25. She does not know if she wants children in the future, but she does know she has a long and successful legal career ahead of her. She has a clerkship position, but... |
2002 |
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Spencer Overton |
BUT SOME ARE MORE EQUAL: RACE, EXCLUSION, AND CAMPAIGN FINANCE |
80 Texas Law Review 987 (April, 2002) |
Legal academics who call for campaign finance reform--let us call them Reformers--have overlooked the significance of race, and as a result their critiques of constitutional jurisprudence and reform proposals remain woefully incomplete. Studies reveal that people of color comprise approx-imately thirty percent of the nation's population, but... |
2002 |
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Mary Becker |
CARE AND FEMINISTS |
17 Wisconsin Women's Law Journal 57 (Spring 2002) |
I. Introduction. 58 II. Franke's Postmodern Objections to Care. 64 A. Linking Reproduction to Dependency and Sex to Danger. 65 B. The Repronormativity of Motherhood. 67 C. The Maternalization of Women's Identity. 71 D. Commodification Anxiety. 71 E. Child Raising as The Creation of a Public Good. 73 F. Unfairness to Taxpayers Who Are Not... |
2002 |
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Jeremy Paul |
CHANGING THE SUBJECT: COGNITIVE THEORY AND THE TEACHING OF LAW |
67 Brooklyn Law Review 987 (Summer 2002) |
For those of us teaching legal theory to American law students at the beginning of the twenty-first century, Steven Winter's book, A Clearing in the Forest, Law, Life, and Mind, has arrived just in time. It offers a path (to use one of Professor Winter's journey metaphors) out of our oldest and least fruitful debates. Consider the following... |
2002 |
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Jane E. Larson |
CLASS, ECONOMICS, AND SOCIAL RIGHTS |
54 Rutgers Law Review 831 (Summer 2002) |
This cluster explores the themes of LatCrit through the lens of class broadly conceived. Class as these authors invoke the concept, connotes both material inequality and deprivation of individuals, and societal systems of economic domination. With one exception, the essays examine the ways class constitutes the social world, ranging from the... |
2002 |
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Phoebe A. Haddon |
COALESCING WITH SALT: A TASTE FOR INCLUSION |
11 Southern California Review of Law and Women's Studies 321 (Spring 2002) |
Most of the time you feel threatened to the core and if you don't, you're not really doing no coalescing. Bernice Johnson Reagon During the late nineties, the Society of American Law Teachers, known to legal educators as SALT, undertook to build a governing board and membership whose composition reflected its commitment to diversity and... |
2002 |
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Antony Anghie |
COLONIALISM AND THE BIRTH OF INTERNATIONAL INSTITUTIONS: SOVEREIGNTY, ECONOMY, AND THE MANDATE SYSTEM OF THE LEAGUE OF NATIONS |
34 New York University Journal of International Law & Politics 513 (Spring 2002) |
All sovereign states are equal. Colonies, by definition, lack sovereignty. But the transformation of colonial territories into sovereign, independent states enabled these territories, which previously had been excluded from the realm of international law, to enter the international system with all the powers and attributes of sovereignty and as... |
2002 |
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Marion Crain |
COLORBLIND UNIONISM |
49 UCLA Law Review 1313 (June, 2002) |
Labor unions have historically been one of the most significant political forces urging progressive wealth redistribution. The AFL-CIO has conceived of income inequality in colorblind terms, as a social injustice around which racially and ethnically diverse workers can be organized. Professor Crain argues that the AFL-CIO's unionism has been... |
2002 |
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Anthony V. Alfieri |
COMMUNITY PROSECUTORS |
90 California Law Review 1465 (October, 2002) |
This Essay addresses the ethic of community in criminal prosecution. Long echoed in the rhetoric of criminal justice, the ethic continues to gain greater resonance through the expanding advocacy practice of community prosecution. Engrafted from the community-policing and community-court movements of the last decade, and invigorated by... |
2002 |
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Dana Page |
D.C.F.D.: AN EQUAL OPPORTUNITY EMPLOYER--AS LONG AS YOU ARE NOT PREGNANT. |
24 Women's Rights Law Reporter 9 (Fall/Winter 2002) |
Current interpretation of the Pregnancy Discrimination Act (PDA) is based in formal equality where pregnant women are compared to similarly situated disabled people for employment purposes. Employers are not required to accommodate pregnant women in any way in which they do not accommodate other disabled employees. Employers are required, on the... |
2002 |
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Larry Catá Backer |
DEFINING, MEASURING, AND JUDGING SCHOLARLY PRODUCTIVITY: WORKING TOWARD A RIGOROUS AND FLEXIBLE APPROACH |
52 Journal of Legal Education 317 (September, 2002) |
The purpose of this essay is to explore, briefly and preliminarily, the possibilities for a realistic working definition of scholarship within a law school. The springboard for that exploration was a series of discussions at my home institution, the law school of Pennsylvania State University. We approached the issue of scholarship in a context in... |
2002 |
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DUELING FATES: SHOULD THE INTERNATIONAL LEGAL REGIME ACCEPT A COLLECTIVE OR INDIVIDUAL PARADIGM TO PROTECT WOMEN'S RIGHTS? |
24 Michigan Journal of International Law 347 (Fall 2002) |
University of Michigan Law School Room 250 Hutchins Hall Saturday, April 6, 2002 STEPHANIE BROWNING: Good morning. My name is Stephanie Browning; I'm the Editor in Chief of the Michigan Journal of International Law. On behalf of the Journal, I am pleased to welcome you to the Dueling Fates Symposium. Our next day and a half together promises to be... |
2002 |
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Marjorie A. Silver |
EMOTIONAL COMPETENCE, MULTICULTURAL LAWYERING AND RACE |
3 Florida Coastal Law Journal 219 (Spring, 2002) |
This is difficult work, and it is difficult for white people to discuss. It hurts emotionally for us white folks to be personally challenged on issues of race . . . and in this work, one gets challenged a lot - but that hurt cannot be even a fraction of the psychic pain of those who must face racism, sexism, and homophobia on a daily basis. So I... |
2002 |
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Christian Sundquist |
EQUAL OPPORTUNITY, INDIVIDUAL LIBERTY, AND MERITOCRACY IN EDUCATION: REINFORCING STRUCTURES OF PRIVILEGE AND INEQUALITY |
9 Georgetown Journal on Poverty Law and Policy 227 (Winter, 2002) |
Deep in the South Side of Chicago, in a set of black communities lovingly and infamously referred to as the wild, wild 100s, I spent my childhood never fully understanding how being poor and black would affect future opportunities and success. Though accustomed to receiving my allowance in food stamps, wearing secondhand clothes a few sizes too... |
2002 |
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Anthony V. Alfieri |
ETHICS, RACE, AND REFORM |
54 Stanford Law Review 1389 (June, 2002) |
Deborah Rhode is a highly acclaimed scholar and a distinguished public servant. Prolific in both academic scholarship and popular commentary, she is the author of numerous books, articles, and essays on the law and the legal profession. In an important convergence of her roles as a scholar and a public intellectual, Rhode recently returned to the... |
2002 |
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Richard Delgado |
EXPLAINING THE RISE AND FALL OF AFRICAN AMERICAN FORTUNES-INTEREST CONVERGENCE AND CIVIL RIGHTS GAINS |
37 Harvard Civil Rights-Civil Liberties Law Review 369 (Summer, 2002) |
In 1958, an Alabama court sentenced Jimmy Wilson, a black handyman, to death for the crime of stealing less than two dollars in change. When the world press trumpeted the story, an embarrassed Secretary of State John Foster Dulles intervened and helped overturn Wilson's sentence. A new book by University of Southern California Law Center legal... |
2002 |
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Catherine Albiston , Tonya Brito , Jane E. Larson |
FEMINISM IN RELATION |
17 Wisconsin Women's Law Journal 1 (Spring 2002) |
Why does a gender hierarchy persist in the face of declarations of gender equality before the law? This is the question with which the Interdisciplinary Feminism Project began in organizing Feminist Theories of Relation in the Shadow of the Law: An Interdisciplinary Critical Dialogue on Theory. The day-long event brought together feminist scholars... |
2002 |
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Harold A. Mcdougall |
FOR CRITICAL RACE PRACTITIONERS: RACE, RACISM AND AMERICAN LAW (4TH ED.) BY DERRICK A. BELL, JR. |
46 Howard Law Journal 1 (Fall 2002) |
Blacks need to acknowledge the permanence of their subordinate status [permitting them to avoid] unrealistic strategies [and adopt more promising ones] that can bring personal fulfillment and, on occasion, even triumph.-- Derrick Bell Reflecting on what I read in Chapters One and Two [of Race, Racism and American Law] stirs an intense dislike for... |
2002 |
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J. Angelo Corlett , Robert Francescotti |
FOUNDATIONS OF A THEORY OF HATE SPEECH |
48 Wayne Law Review 1071 (Fall, 2002) |
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. All persons born or naturalized in the United States, and subject to the... |
2002 |
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Douglas E. Litowitz |
FRANZ KAFKA'S OUTSIDER JURISPRUDENCE |
27 Law and Social Inquiry 103 (Winter 2002) |
Kafka was the rage, proclaimed literary critic Anatole Broyard (1993) in his memoir of Greenwich Village during the 1950s. But perhaps Broyard was mistaken to speak in the past tense, considering that Kafka is more popular than ever. Over the last decade, an international collection of scholars has produced new translations of Kafka's writings... |
2002 |
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Michael Selmi |
GETTING BEYOND AFFIRMATIVE ACTION: THINKING ABOUT RACIAL INEQUALITY IN THE TWENTY-FIRST CENTURY |
55 Stanford Law Review 1013 (December, 2002) |
The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy. By Lani Guinier & Gerald Torres. Harvard University Press 2002. 302 pp. The Anatomy of Racial Inequality. By Glenn C. Loury. Harvard University Press 2001. 169 pp. Introduction. 1013 I. Glenn Loury on Stereotpying and Stigma. 1016 II. Guinier and Torres: Political Race and... |
2002 |
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William C. Kidder , Jay Rosner |
HOW THE SAT CREATES "BUILT-IN HEADWINDS": AN EDUCATIONAL AND LEGAL ANALYSIS OF DISPARATE IMPACT |
43 Santa Clara Law Review 131 (2002) |
With the end of affirmative action, it is more apparent than ever that the old-time preferences for folks who are privileged by race and class have never died. -- Charles R. Lawrence III I. Introduction. 133 A. The SAT and Affirmative Action. 135 B. Does the SAT Accentuate or Reflect Racial and Ethnic Differences?. 141 II. Methodology and Result.... |
2002 |
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Francisco Valdes |
IDENTITY MANEUVERS IN LAW AND SOCIETY: VIGNETTES OF A EURO-AMERICAN HETEROPATRIARCHY |
71 UMKC Law Review 377 (Winter 2002) |
With this incisive article on subordination and symbiosis, Professor Nancy Ehrenreich expands the intellectual and political arsenal of conceptual tools to combat multidimensional forms and systems of subordination. Focusing on the interconnection of and among forms of subordination, Professor Ehrenreich urges at the outset that, (r)ecognition... |
2002 |
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Nancy Levit |
INTRODUCTION: THEORIZING THE CONNECTIONS AMONG SYSTEMS OF SUBORDINATION |
71 UMKC Law Review 227 (Winter 2002) |
Identity theory is a relative newcomer to jurisprudence. In part as a theoretical legacy of the civil rights movement--and in part as a reaction to its retrenchment --early critical legal theorists focused on facets of personal identity, such as race, gender, sexual orientation, and class. The first anti-subordination writings simply tried to... |
2002 |
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Guadalupe T. Luna |
LATCRIT VI, AMERICA LATINA AND JURISPRUDENTIAL ASSOCIATIONS |
54 Rutgers Law Review 803 (Summer 2002) |
During the past few years, a group of innovative thinkers and scholarly investigations have sought to introduce a more precise legal engagement into the realm of race relations. The LatCrit journey, an important example of intellectual inquiry, surfaced in formalized settings only five years prior. As an offset, LatCrit theorists not only advance,... |
2002 |
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Ediberto Román |
LATCRIT VI, OUTSIDER JURISPRUDENCE AND LOOKING BEYOND IMAGINED BORDERS |
54 Rutgers Law Review 1155 (Summer 2002) |
The white man . . . desires the world and wants it for himself alone. He considers himself predestined to rule the world. He has made it useful to himself. But there are values which do not submit to his rule. -Frantz Fanon If God were black my friend, everything would change, it would be our race, my friend, which would have the power. The... |
2002 |
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Kellye Y. Testy |
LINKING PROGRESSIVE CORPORATE LAW WITH PROGRESSIVE SOCIAL MOVEMENTS |
76 Tulane Law Review 1227 (June, 2002) |
In Linking Progressive Corporate Law with Progressive Social Movements, Professor Testy critically assesses what has been termed a new corporate social responsibility project. After noting the hegemony of shareholder primacy in corporate law, she critiques four major counter-hegemonic discourses: team production theory, corporate social... |
2002 |
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Leroy D. Clark |
MOVEMENTS IN CRISIS: EMPLOYEE-OWNED BUSINESSES--A STRATEGY FOR COALITION BETWEEN UNIONS AND CIVIL RIGHTS ORGANIZATIONS |
46 Howard Law Journal 49 (Fall 2002) |
Our country has seen two great movements for justice: one led by labor unions to protect workers, and the other led by civil rights organizations to end racial segregation and discrimination. The two movements have had much in common in terms of the tasks that they confronted and the tactics used. Both built organizations based on a growing... |
2002 |
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Tanya Katerí Hernández |
MULTIRACIAL MATRIX: THE ROLE OF RACE IDEOLOGY IN THE ENFORCEMENT OF ANTIDISCRIMINATION LAWS, A UNITED STATES-LATIN AMERICA COMPARISON |
87 Cornell Law Review 1093 (July, 2002) |
This Article examines the role of race ideology in the enforcement of antidiscrimination laws. Professor Hernández demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America. The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and... |
2002 |
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Benjamin Fleury-Steiner |
NARRATIVES OF THE DEATH SENTENCE: TOWARD A THEORY OF LEGAL NARRATIVITY |
36 Law and Society Review 549 (2002) |
This article investigates how the consciousness of ordinary citizens enlisted as jurors in death penalty trials is racialized. The study draws on post-trial interviews with some 66 white and black jurors who served on 24 capital trials in which either a white or black defendant received the death sentence. Findings among white jurors reveal a... |
2002 |
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Ruben J. Garcia |
NEW VOICES AT WORK: RACE AND GENDER IDENTITY CAUCUSES IN THE U.S. LABOR MOVEMENT |
54 Hastings Law Journal 79 (November, 2002) |
Introduction. 81 I. A Brief History of Minority Voice in the Labor Movement--The Historical and Contextual Need for Identity Caucuses in Unions. 92 A. Racism, Sexism, and Anti-Immigrant Sentiment in the Labor Movement. 92 B. Black Caucuses, 1964-1975. 94 C. Rank-and-File Protest Outside the Auto Industry. 97 D. Chicano/Chicana Insurgency. 100 E.... |
2002 |
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Suzanne B. Goldberg |
ON MAKING ANTI-ESSENTIALIST AND SOCIAL CONSTRUCTIONIST ARGUMENTS IN COURT |
81 Oregon Law Review 629 (Fall 2002) |
One of my most intense disagreements with another lawyer during nearly a decade of lesbian and gay rights litigation concerned social constructionism. The lawyer (a law professor, if truth be told) wanted to argue in an amicus brief to the United States Supreme Court that sexual orientation, like race, was a social constructed category. He reasoned... |
2002 |
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