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Full-Text Articles in Law
Justifying Racial Reform, Davison M. Douglas
Justifying Racial Reform, Davison M. Douglas
Faculty Publications
No abstract provided.
Terry, Race, And Judicial Integrity: The Court And Suppression During The War On Drugs, Jack B. Weinstein, Mae Quinn
Terry, Race, And Judicial Integrity: The Court And Suppression During The War On Drugs, Jack B. Weinstein, Mae Quinn
Journal Articles
No abstract provided.
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 …
Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins
Faculty Scholarship
The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
Faculty Scholarship
This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.
Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld
Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld
Law Faculty Scholarly Articles
In this Article, Nicole Huberfeld examines recent changes in the welfare system, and considers whether these changes are consistent with the stated goals of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Turning to the history of “workfare,” Huberfeld reveals parallels between the reasoning of its proponents, and that of eugenicists. She argues that workfare mirrors eugenics theory because its proponents are imposing particular white, middleclass values upon the poor as a condition to providing them benefits: Through her comparison of workfare and eugenics, Huberfeld cautions against legislation that seeks to regulate the private conduct and personal decisions …
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.
Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse
Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse
Scholarly Works
This article chronicles the Burger Court's inability to fashion a suitable remedy for racism in the discretionary system of capital sentencing. The article discusses the Court's initial response, “remedial paralysis,” which is evident, not only in McGautha v. California, where the Court refused to find that the Due Process Clause was violated by standardless death sentencing, but also in Furman v. Georgia, where the Court decided to abolish the death penalty. The article further explores the Court's reinstatement of the death penalty, and two of the Court's forays into “bad faith” denial that sustained the death penalty, particularly the Court's …