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Articles 1 - 13 of 13
Full-Text Articles in Law
Tribalism And Democracy, Seth Davis
Tribalism And Democracy, Seth Davis
William & Mary Law Review
Americans have long talked about “tribalism” as a way of talking about their democracy. In recent years, for example, commentators have pointed to “political tribalism” as what ails American democracy. According to this commentary, tribalism is incompatible with democracy. Some commentators have cited Indian Tribes as evidence to support this incompatibility thesis, and the thesis has surfaced within federal Indian law and policy in various guises up to the present day with disastrous consequences for Indian Tribes. Yet much of the talk about tribalism and democracy—within federal Indian law, and also without it—has had little to do with actual tribes. …
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley
Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton
William & Mary Bill of Rights Journal
No abstract provided.
Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai
Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai
William & Mary Bill of Rights Journal
No abstract provided.
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
William & Mary Law Review
No abstract provided.
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson
William & Mary Journal of Race, Gender, and Social Justice
Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …
Crisis? Whose Crisis?, Jack M. Beermann
Crisis? Whose Crisis?, Jack M. Beermann
William & Mary Law Review
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon
Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence
The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence
William & Mary Journal of Race, Gender, and Social Justice
While neuroscience continues to make it clearer that mental processes, effects, disorders, and states can be described through physical observation, the metaphysical notion of mind-body dualism still pervades the U.S. legal system. In this Article, I discuss many areas where mind-body dualism holds fast, and others where mind-body dualism has already been explicitly or impliedly rejected. I argue that in most areas, the dualist distinction would have little to no impact on the values the law already describes. However, I argue that rejecting dualism would have an impact on fundamental rights analyses. First Amendment free speech rights, fundamental rights, and …
Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson
Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction, Dania Matos
Introduction, Dania Matos
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.