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Articles 1 - 29 of 29
Full-Text Articles in Law
Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson
Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson
Scholarly Publications
Medieval alchemy is popularly associated with attempts to become rich by transmuting base elements into gold. Such attempts were less than universally successful. Yet, alchemy yielded great benefits in other areas. For instance, alchemy was one of the sources of modern sciences such as pharmacology and metallurgy.' Also, the rich and profound symbology of alchemy has influenced modern psychology.
Something similar may be said of critical tax studies. Such studies have argued that the Internal Revenue Code as a whole, or significant features of it, disadvantage-intentionally or unintentionally-groups historically oppressed or ignored by American society. Some of these arguments have …
Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol
Las Olvidadas -- Gendered In Justice/Gendered Injustice: Latinas, Fronteras And The Law, Berta E. Hernández-Truyol
UF Law Faculty Publications
This Article will study Latinas in the United States and develop a framework that aims to eradicate injustices Latinas experience by importing the voices of las olvidadas into the heart of rights-talk, thus placing Latinas in justice. First, the piece will identify who the olvidadas are-unseen, unheard, and virtually non-existent in the world of law as well as in the myriad other worlds they inhabit. Parts III and IV consider structural roadblocks-first external and then internal-that conspire to perpetuate Latina invisibility and disempowerment, keeping Latinas from justice. Part V presents the locations and positions of Latinas who suffer intimate violence …
Religious Rituals And Latcrit Theorizing, Margaret E. Montoya
Religious Rituals And Latcrit Theorizing, Margaret E. Montoya
Faculty Scholarship
After the first annual LatCrit conference held at La Jolla, California, Professor Keith Aoki observed that "issues of religion and spirituality are submerged not far below the surface of emerging Latina/o Critical Theory." He proposed that LatCrits begin to "unbracket" religious affiliation and identity in the construction and representation of individual and group racial identities. Professor Aoki further posited that "[i]n a paradoxical way, religion simultaneously may be both more and less difficult to voluntarily discard than race, language or nationality as a constitutive element of one's individual and group identity.
Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks
Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks
Faculty Scholarship
Asians often take a middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls "simultaneous racism," where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicating a pattern of how the dominant power uses law to enforce insularity among and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraints does not excuse the behavior of White appeasement or group insularity among both Asians and …
Back To Afrolantica: A Legacy Of (Black) Perseverance?, 24 N.Y.U. Rev. L. & Soc. Change 447 (1998), Kevin Hopkins
Back To Afrolantica: A Legacy Of (Black) Perseverance?, 24 N.Y.U. Rev. L. & Soc. Change 447 (1998), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
No abstract provided.
Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda
Journal Articles
Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …
Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson
Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson
Faculty Scholarship
While youth violence has always been a critical part of delinquency, the modern epidemic is marked by high rates of gun violence. Adolescents in cities possess and carry guns on a large scale, guns are often at the scene of youth violence, and guns often are used. Guns play a central role in initiating, sustaining, and elevating the epidemic of youth violence. The demand for guns among youth was fueled by an "ecology of danger," comprising street gangs, expanding drug markets with high intrinsic levels of violence, high rates of adult violence and fatalities, and cultural styles of gun possession …
Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla
Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla
Faculty Scholarship
This article considers the unique challenges of single parent Latinas and and a different way of viewing concerns of single parents. This alternative paradigm uses a holistic approach to the problems I had been pondering, acknowledging their interconnectedness, rather than artificially segmenting them into disjointed issues. I visualized a multi-pronged approach to Latina mothers' many concerns, based on a cohousing model, as modified for the needs of a low-income, racially distinct population of single-parent Latinas. It describes co-housing and proposes that this housing model be more broadly accessible through land use changes and greater acceptance of housing beyond single family …
Playing Race Cards: Constructing A Proactive Defense Of Affirmative Action, Kimberlé W. Crenshaw
Playing Race Cards: Constructing A Proactive Defense Of Affirmative Action, Kimberlé W. Crenshaw
Faculty Scholarship
On behalf of the African American Policy Forum ("AAPF"), I am pleased to participate in this symposium as a co-sponsor and contributor. The AAPF, who together with Fairness and Accuracy in Reporting (FAIR) and the Women's Roundtable constitute the Women's Media Initiative, believes that events such as these are critical in efforts to map strategies for intervening in public debates surrounding affirmative action and a host of related issues such as welfare reform, racial profiling, the prison industrial complex, and the concentration of wealth, just to name a few. As one of many organizations that have taken up the defense …
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …
The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney
The Struggle Against Hate Crime: Movement At A Crossroads, Terry A. Maroney
Vanderbilt Law School Faculty Publications
The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions for which were created by the convergence in previous decades of two very different social movements - civil rights and victims' rights. This anti-hate-crime movement has been radiply assimilated into the institutions of criminal justice, with the result that anti-hate-crime measures now reflect the culture and priorities of those institutions. The civil rights and victims' rights movements created collective beliefs, structural resources, and political opportunities that facilitated the emergence of a …
Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran
Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran
Vanderbilt Law School Faculty Publications
The politics behind tax legislation are explored in order to demonstrate that, rather than being surprising or unexpected, it is easily predictable that federal tax laws would favor whites over blacks.
Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm
Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm
Faculty Scholarship
This article seeks to move beyond the debate between informal and formal legal regulation. Both approaches reflect essential but limited components of a legal regulatory regime. Neither approach adequately responds to the simultaneous challenges of changing organizational structure, racial and gender dynamics, and market-driven demands for flexibility and adaptiveness. The next step requires that we take account of the critiques of formality and informality. This requires embracing the challenge of developing new forms of legal regulation that treat organizational decision makers and incentive structures explicitly as part of the legal regulatory regime. In this view, law consists of a set …
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.
Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …
Race Trials, Anthony V. Alfieri
Sources Of Commitment To Social Justice, Dorothy E. Roberts
Sources Of Commitment To Social Justice, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Articles
No abstract provided.
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Articles
No abstract provided.
Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts
Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Affirmative Action And Texas’ Ten Percent Solution: Improving Diversity And Quality, David Orentlicher
Affirmative Action And Texas’ Ten Percent Solution: Improving Diversity And Quality, David Orentlicher
Scholarly Works
No abstract provided.
Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez
Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez
Faculty Journal Articles and Book Chapters
This article seeks to briefly discuss the experience of Mexicans and their Mexican-American heirs in litigating their rights under the Treaty of Guadalupe Hidalgo. It seeks to ask whether there may be any parallels and possible lessons to be learned from the litigation experience of Mexican claimants under the earlier Treaty for the NAFTA parties - especially Mexico - as the NAFTA parties engage in dispute resolution.
Part II of this article sets out the background of the Treaty, including a brief review of the United States-Mexican War. It describes the terms of the Treaty and observes that Mexico had …
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Faculty Publications
No abstract provided.
"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones
"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones
Articles
No abstract provided.
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King
Faculty Publications By Year
No abstract provided.
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez
Faculty Journal Articles and Book Chapters
Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the African-American/Latino relationship. With this in mind, the author discusses two important questions posed by the organizers of this panel: (1) How is the relationship between African-Americans and Latinos affected by the construction of race? and (2) Can Critical Race Theory benefit by a consideration of the race …
Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn
Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn
UF Law Faculty Publications
Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.
Not-So-Arbitrary Arbitration: Using Title Vii Disparate Impact Analysis To Invalidate Employment Contracts That Discriminate, Miriam A. Cherry
Not-So-Arbitrary Arbitration: Using Title Vii Disparate Impact Analysis To Invalidate Employment Contracts That Discriminate, Miriam A. Cherry
Faculty Publications
(Excerpt)
On May 20, 1996, three women filed a sexual harassment and discrimination lawsuit against the Wall Street investment firm Smith Barney. Later joined by twenty additional women, the plaintiffs alleged that Smith Barney failed to hire and promote women, created a hostile work environment, and discriminated on the basis of pregnancy and marital status. The lawsuit quickly gained widespread publicity, most notably for its accusation that the former manager of the Garden City, New York, branch had established a fraternity-like "boom-boom room" in the office basement where female employees were either excluded or harassed if allowed to enter. On …
Equal Rights Advocates: Addressing The Legal Issues Of Women Of Color, Judy Scales-Trent
Equal Rights Advocates: Addressing The Legal Issues Of Women Of Color, Judy Scales-Trent
Journal Articles
No abstract provided.