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Full-Text Articles in Law
Empowering Women Through Recognition Of Rights To Land: Mechanisms To Strengthen Women's Rights In Vanuatu, Vijaya Nagarajan, Therese Macdermott
Empowering Women Through Recognition Of Rights To Land: Mechanisms To Strengthen Women's Rights In Vanuatu, Vijaya Nagarajan, Therese Macdermott
Theology & Religious Studies
Although the pluralist system of land tenure in Vanuatu does not directly discriminate against women, the operation of the system and contemporary interpretations of custom are increasingly marginalizing women from decision-making processes regarding land management and control. Commitment to the principles of gender equality through constitutional guarantees and the ratification of relevant international treaty obligations, while providing an appropriate legal framework for equality, have only had limited success in addressing discriminatory practices. This article analyzes alternative ways to overcome the barriers faced by women that are currently under consideration in many Pacific Island countries, including recording and registration, as well …
Has The Roberts Court Plurality's Colorblind Rhetoric Finally Broken Brown's Promise?, Phoebe A. Haddon
Has The Roberts Court Plurality's Colorblind Rhetoric Finally Broken Brown's Promise?, Phoebe A. Haddon
Faculty Scholarship
This Essay examines the continuing significance of the Keyes decision to the judicial vision of equality and racial isolation in public education. By comparing efforts to promote educational equality from the Keyes era through today, this Essay asserts that the judiciary has wrongly embraced a colorblind interpretation of the Equal Protection Clause. In so doing, courts have impeded the progress of children in Denver and around the country, ignored highly instructive social science studies on the benefits of desegregation, and broken the constitutional promise of equal citizenship. For future policy makers and lawyers to address these persistent problems, legal educators …
The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer
The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer
Articles
First, I will briefly summarize the state of the art of equality law in Germany today. A distinct dimension of this story from a European Union member state is that we are not just theorizing postnational constitutionalism these days, but that we live it already, since law is not anymore isolated as national but needs to be seen in the context of transnational migration and multinational regimes. Second, I turn to a key feature and key challenge in and to equality law today. It is what I have called the triangle of fundamental rights, referring to the three most prominent …
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
UF Law Faculty Publications
Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …