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Full-Text Articles in Law
Coalescing Communities, Discourses And Practices: Synergies In The Anti-Subordination Project, Barbara Cox
Coalescing Communities, Discourses And Practices: Synergies In The Anti-Subordination Project, Barbara Cox
Faculty Scholarship
No abstract provided.
The Lesbian Wife: Same-Sex Marriage As An Expression Of Radical And Plural Democracy, Barbara Cox
The Lesbian Wife: Same-Sex Marriage As An Expression Of Radical And Plural Democracy, Barbara Cox
Faculty Scholarship
This Paper considers three ideas. The first is recognizing that a "reactionary and exclusionary democracy" exists in this country today. The second is considering the argument by some gay and lesbian activists that including gay men and lesbians under the rubric of state-sanctioned marriage will actually prevent a "radical and plural democracy" from occurring by removing the "outlaw" nature of the queer community and leading to the wholesale movement of gays and lesbians from the "anti-subordination project" into the mainstream middle-class. The third argues that, despite this concern, the gay and lesbian community can help move the country toward a …
An Artist's Privilege, Niels Schaumann
An Artist's Privilege, Niels Schaumann
Faculty Scholarship
This article examines visual art in light of the letter and the spirit of the Constitution's Copyright Clause and the Copyright Act of 1976 (“Act”) and concludes that artists should have the freedom to copy works, not only of popular culture, but of all kinds. In other words, people creating art should be permitted to copy anything and everything. This is not to suggest that copyright serves no purpose: destroying the copyright edifice merely to protect the ability of certain artists to create would be dangerous and foolhardy. Practical limitations on an artist's privilege to copy can be imposed to …
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager
Faculty Scholarship
Agreeing with William Stuntz's conclusion that privacy retains a significant position in the law of criminal procedure, the author defends a privacy-oriented procedural regime that can .be reconciled with an activist regulatory state. Part One of this Article suggests that the comparatively light judicial supervision of police coercion owes more to the conditions under which force is used than to what Stuntz views as the Court's indifference to what police do to us, or to its "obsession" over what police can see and hear. By redescribing questions of privacy, or questions of privacy and coercion, merely as questions of coercion, …
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Faculty Scholarship
In the 1990s several African-American directors have explored issues of urban justice through stories of children growing up in urban America. Films such as Boyz N the Hood have brought vivid images of disenfranchised and violent neighborhoods and the obstacles involved in growing up in these neighborhoods. These films question whether the criminal justice system works in neighborhoods isolated from both the creation and the protections of the legal system, and where the rules of the criminal justice system sometimes collide with the rules of the neighborhood justice system.
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Faculty Scholarship
This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith
Faculty Scholarship
No abstract provided.
Dangerous Games And The Criminal Law, Daniel B. Yeager
Dangerous Games And The Criminal Law, Daniel B. Yeager
Faculty Scholarship
This essay means to correct the ways in which the law of homicide deals with lucky winners or survivors of dangerous games that end in the deaths of unlucky (dead) "losers" or even unluckier non-participants. Drag racing and Russian roulette are my focus, not only because they are so frequently litigated, but also because most other (unlawful) excessive risk-taking ventures are not, grammatically, what we mean when we say "game." It is not so much my intention to evaluate the role that "moral luck" plays generally in the world or specifically in the criminal law. It is my position that …
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Faculty Scholarship
This article explores the position of women of color in the affirmative action dialogue. Affirmative action has come under attack locally, statewide, and federally. During this same period, critical race feminists have brought into sharp relief how women of color are marginalized or erased in discourses over sex and gender, as well as over race and ethnicity. Despite these protests and warnings, the current debate over affirmative action continues this history of invisibility, perpetuating America's spoken and unspoken conceptions about where women of color belong. For example, most discussion of affirmative action focuses on race, more specifically on African-Americans. Some …