Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Banks Dec 2009

The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Banks

Taunya Lovell Banks

No abstract provided.


Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks Nov 2009

Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks

Taunya Lovell Banks

In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all of which used …


Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks Aug 2009

Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Recent Decisions, Phoebe A. Haddon Aug 2009

Recent Decisions, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Remedies And Damages For Violation Of Constitutional Rights, Frank Mcclellan, Phoebe Haddon Jul 2009

Remedies And Damages For Violation Of Constitutional Rights, Frank Mcclellan, Phoebe Haddon

Phoebe A. Haddon

No abstract provided.


Equality And Sorority During The Decade After Brown, Taunya Lovell Banks Jul 2009

Equality And Sorority During The Decade After Brown, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks Jun 2009

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks

Taunya Lovell Banks

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …


Fhaa & The Internet: The Prospects For Self-Regulation, Tim Iglesias Apr 2009

Fhaa & The Internet: The Prospects For Self-Regulation, Tim Iglesias

Tim Iglesias

This presentation argues that the internet offers both great promise and possible peril for anti-discrimination in housing. The potential for self-regulation is mixed but ultimately weak. The presentation concludes with a call for federal regulatory reform.


How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand Feb 2009

How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand

Michael A Helfand

This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …


Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks Feb 2009

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks

Taunya Lovell Banks

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …


The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman Dec 2008

The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman

Robert L. Hayman

No abstract provided.


Choosing Equality: Essays And Narratives On The Desegregation Experience, Robert Hayman, Leland Ware Dec 2008

Choosing Equality: Essays And Narratives On The Desegregation Experience, Robert Hayman, Leland Ware

Robert L. Hayman

No abstract provided.


Introduction, Robert Hayman, Leland Ware Dec 2008

Introduction, Robert Hayman, Leland Ware

Robert L. Hayman

No abstract provided.


The Usual Suspect Classifications: Criminals, Aliens And The Future Of Same-Sex Marriage, Michael A. Helfand Dec 2008

The Usual Suspect Classifications: Criminals, Aliens And The Future Of Same-Sex Marriage, Michael A. Helfand

Michael A Helfand

In this Article, I argue for a new understanding of the immutability factor employed by courts in determining which classifications ought to receive suspect status under the Equal Protection Clause. Drawing on the process-based foundations of the Equal Protection Clause, this new understanding defines immutable traits not as traits that cannot be changed, but as traits that are in the words of the Supreme Court in Frontiero v. Richardson, mere "accident[s] of birth." In contrast, courts and scholars typically center the immutability inquiry on an individual’s technical ability to exit a particular class, which has led to inconsistencies in …


Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan D. Carle Dec 2008

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan D. Carle

Susan D. Carle

This essay addresses the development of American understandings of the various roles of lawyers in building democracy by focusing on legal reform efforts in the American civil rights movement. In recent years, the supposed achievements of that movement have come under attack as part of a critique of the ideology of legal liberalism. That critique argues that civil rights lawyers and other activists too greatly emphasized court-focused strategies aimed at achieving what would turn out to be Pyrrhic "civil" rights victories-i.e., gains solely in "formal" equality through requirements enshrined in law as to how the state must treat its citizens.