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And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
Faculty Scholarship
This is a reflective, analytical essay remarking on the role that Blackness has and continues to play in the construction, understanding and application of "black letter law." This essay is written from a Black and BlaQueer perspective and displays how a shift in standpoint--moving from the invisible, standard white "reasonable person"--underscores and illuminates the current legal and sociopolitical crisis we find ourselves in. It is continuation of the discussion began in my earlier articles "Furtive Blackness: On Blackness & Being," "The Strict Scrutiny of Black and BlaQueer Life" and the working paper "Sexual Profiling & BlaQueer Furtivity: BlaQueers On The …
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
When Is A Right Not A Right?: Qualified Immunity After Pearson, Anthony Stauber
When Is A Right Not A Right?: Qualified Immunity After Pearson, Anthony Stauber
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle
Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle
Mitchell Hamline Law Review
No abstract provided.
Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson
Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson
Mitchell Hamline Law Review
No abstract provided.
Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil
Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil
Mitchell Hamline Law Review
No abstract provided.
Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law), Sarah Deer, Cecilia Knapp
Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law), Sarah Deer, Cecilia Knapp
Faculty Scholarship
In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it. The United States argued that the constitution had been nullified by federal law passed in the early 1900s.
To find in favor of the plaintiffs, the court would have to rule that the United States had been ignoring the most basic civil rights of Mvskoke citizens and flouting the law for over seventy years. …
Thinking Locally: Law, Aging And Municipal Government: Findings From A National Survey, A. Kimberley Dayton, Israel (Issi) Doron
Thinking Locally: Law, Aging And Municipal Government: Findings From A National Survey, A. Kimberley Dayton, Israel (Issi) Doron
Faculty Scholarship
Municipal law, which has been largely ignored in the body of elder-rights scholarship, often plays a far more important role in the everyday lives of older persons than the principally aspirational concepts of international law. Accordingly, this article examines how well modern cities have fulfilled their potential role in assuring the civil and human rights of older persons. The author concludes, based on the results of a national study, that local law is not currently fulfilling its potential as a means to expand the rights of older citizens. Few cities across the country appear to have taken more than minor …
Responses To The Ten Questions, James M. Rosenbaum
Responses To The Ten Questions, James M. Rosenbaum
William Mitchell Law Review
No abstract provided.
Criminal Law: Subjective Inquiry Into A Defendant's State Of Mind: Should Psychiatric Expert Testimony Be Allowed To Disprove Mens Rfai—State V. Anderson, 789 N.W.2d 227 (Minn. 2010), Brittany E. Bachman
Criminal Law: Subjective Inquiry Into A Defendant's State Of Mind: Should Psychiatric Expert Testimony Be Allowed To Disprove Mens Rfai—State V. Anderson, 789 N.W.2d 227 (Minn. 2010), Brittany E. Bachman
William Mitchell Law Review
No abstract provided.
Stories Of Civil Rights Progress And The Persistence Of Inequality And Unequal Opportunity 1970-2010, Michael A. Wolff
Stories Of Civil Rights Progress And The Persistence Of Inequality And Unequal Opportunity 1970-2010, Michael A. Wolff
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, John Ip
Responses To The Ten Questions, John Ip
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, John T. Parry
Responses To The Ten Questions, John T. Parry
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Jeffrey Kahn
Responses To The Ten Questions, Jeffrey Kahn
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Paul R. Pillar
Responses To The Ten Questions, Paul R. Pillar
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Wayne Mccormack
Responses To The Ten Questions, Wayne Mccormack
William Mitchell Law Review
No abstract provided.
Security Vs. The Law: A False Choice, Walter F. Mondale
Security Vs. The Law: A False Choice, Walter F. Mondale
William Mitchell Law Review
No abstract provided.
Divinest Sense Or Starkest Madness: Defending Civil Liberties In A Post-September 11 World, Corwin R. Kruse
Divinest Sense Or Starkest Madness: Defending Civil Liberties In A Post-September 11 World, Corwin R. Kruse
William Mitchell Law Review
No abstract provided.
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Civil Rights Law—An Application Of The Dynamic Approach To Statutory Interpretation—Patterson V. Mclean Credit Union, 491 U.S. 164 (1989), William P. Wassweiler
Civil Rights Law—An Application Of The Dynamic Approach To Statutory Interpretation—Patterson V. Mclean Credit Union, 491 U.S. 164 (1989), William P. Wassweiler
William Mitchell Law Review
No abstract provided.
The Independent Development Of Civil Rights In Minnesota: 1849-1910, Kevin J. Golden
The Independent Development Of Civil Rights In Minnesota: 1849-1910, Kevin J. Golden
William Mitchell Law Review
No abstract provided.
A Perspective On The Present Status Of Diversity In The United States, Julian Bond
A Perspective On The Present Status Of Diversity In The United States, Julian Bond
William Mitchell Law Review
No abstract provided.
The Shrinking Role Of The Jury In Constitutional Litigation, John M. Baker
The Shrinking Role Of The Jury In Constitutional Litigation, John M. Baker
William Mitchell Law Review
No abstract provided.
Civil Rights And Censorship—Incompatible Bedfellows, Randall D. B. Tigue
Civil Rights And Censorship—Incompatible Bedfellows, Randall D. B. Tigue
William Mitchell Law Review
No abstract provided.
Evaluating A Proposed Civil Rights Approach To Pornography: Legal Analysis As If Women Mattered, Michael A. Gershel
Evaluating A Proposed Civil Rights Approach To Pornography: Legal Analysis As If Women Mattered, Michael A. Gershel
William Mitchell Law Review
No abstract provided.
The Proposed Minneapolis Pornography Ordinance: Pornography Regulation Versus Civil Rights Or Pornograpy Regulation As Civil Rights? Two Perspecitves. Foreword
William Mitchell Law Review
No abstract provided.