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Full-Text Articles in Law
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage
Utah Law Review
The tumultuous summer of 2020 opened the eyes of many Americans, leading to a general consensus on one issue—racism still exists. This Article offers a new descriptive account of America’s history that can contextualize the zeitgeist of racial politics. It argues that the Founding Fathers created a national civil religion based on racism when they compromised on the issue of slavery in the creation of the Constitution. This religion, called the Religion of Race, is built on a belief system where whiteness is sacred and Blackness is profane. The sacred text is the Constitution, and it is interpreted by the …
Sexual Harassment Is Not A Crime: Aligning The Uniform Code Of Military Justice With Title Vii, Laura T. Kessler, Sagen Gearhart
Sexual Harassment Is Not A Crime: Aligning The Uniform Code Of Military Justice With Title Vii, Laura T. Kessler, Sagen Gearhart
Utah Law Faculty Scholarship
Sexual harassment and sexual assault are ongoing problems in the military. The Department of Defense responded in 2019 with sweeping changes in how the military handles sexual misconduct, including a proposal to criminalize sexual harassment in the Uniform Code of Military Justice (UCMJ). This Article, co-authored by an expert on workplace sex discrimination and a former military officer, responds to this proposal. We argue that sexual harassment, however reprehensible, is not criminal conduct. Moreover, criminalization is likely to undermine the military’s efforts to prevent and punish sexual harassment by raising the stakes for the involved service members, thereby deterring reporting, …