Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (6)
- Law and Gender (5)
- Law and Race (3)
- Legal Studies (3)
- Social and Behavioral Sciences (3)
-
- American Film Studies (1)
- American Studies (1)
- Arts and Humanities (1)
- Civil Procedure (1)
- Communication (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Criminal Law (1)
- Election Law (1)
- Family Law (1)
- Gender, Race, Sexuality, and Ethnicity in Communication (1)
- Law and Politics (1)
- Law and Society (1)
- Legal Education (1)
- Keyword
-
- Civil Rights (3)
- Race (3)
- Bargaining (1)
- Castle Doctrine (1)
- Clint Eastwood (1)
-
- Consumers (1)
- Criminal Law (1)
- Criminalization (1)
- Critical Race Theory (1)
- Cultural Discourse (1)
- Election Law (1)
- Feminist Jurisprudence (1)
- Feminist Theory (1)
- Film Review (1)
- Gay And Lesbian Rights (1)
- Gran Torino (1)
- Identity Politics (1)
- Interracial Intimacy (1)
- Intersectionality (1)
- Law And Economics (1)
- Legal Education (1)
- Legal History (1)
- Marriage (1)
- Masculinity (1)
- Multidistrict Litigation (1)
- Non-White Women (1)
- Pocket Trigger (1)
- Political Campaigns (1)
- Political Science (1)
- Polygamy (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N’Cobra) And Its Antecedents, Adrienne D. Davis, Adjoa A. Aiyetoro
Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N’Cobra) And Its Antecedents, Adrienne D. Davis, Adjoa A. Aiyetoro
Scholarship@WashULaw
Most of the legal scholarship on reparations for Blacks in America focuses on its legal or political viability. This literature has considered both procedural obstacles, such as statutes of limitations and sovereign immunity, as well as the substantive conception of a defensible cause of action. Indeed, Congressman John Conyers introduced H.R. 40, a bill to study reparations, in 1989 and every Congressional session since, and there have been three law suits that have received national attention. This Essay takes a different approach, considering reparations as a social movement with a rich and under-explored history. As Robin Kelley explains, such an …
Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality, Adrienne D. Davis
Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality, Adrienne D. Davis
Scholarship@WashULaw
Most legal scholarship about polygamy has approached it in one of two ways. Some have framed it as a question of how far constitutional protection for religious freedom and privacy rights extends, including what we might think of as “intimacy liberty,” particularly in light of Lawrence v. Texas. Others have debated decriminalization, based on the contested effects of polygamy on matters ranging from women’s subordination to fraudulent behavior to democracy. This Essay shifts attention from the constitutionality and decriminalization debates to a new set of questions: whether and how polygamy might be effectively recognized and regulated, consistent with contemporary social …
A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin
A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin
Scholarship@WashULaw
Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community. Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which …
Film Review: Masculinity & Interracial Intimacy In 'Star Trek' And 'Gran Torino', Adrienne D. Davis
Film Review: Masculinity & Interracial Intimacy In 'Star Trek' And 'Gran Torino', Adrienne D. Davis
Scholarship@WashULaw
Race has long been a central object of political reflection. The salience of racial difference remains hotly debated, figuring in both “utopian” and “dystopian” visions of America’s political future. If race is a primary configuration of “difference” and inequality in the nation, then intimacy between the races is often construed as either a bellwether of equality and political utopia or a re-inscribing of political dominance, typically represented as sexual predation by men against women. Quite expectedly, these political fantasies and fears are often played out at the multiplex, and we can see them in stark relief in two recent films …
Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers, Danielle D'Onfro
Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers, Danielle D'Onfro
Scholarship@WashULaw
Conventional wisdom says that pro se plaintiffs almost invariably fare worse than represented plaintiffs. However, there exists in federal court a procedural regime under which pro se plaintiffs effectively receive attorneys and therefore experience success rates similar to their represented peers: multidistrict litigation. Multidistrict litigation is a procedure for consolidating multiple federal civil cases sharing common questions of fact into a single proceeding in one federal district court for coordinated pre-trial proceedings and discovery. This paper takes an empirical look at all federal civil cases terminating between 2006 and 2008 to determine what effect multidistrict litigation has on case outcome …
The Voting Rights Act’S Secret Weapon: Pocket Trigger Litigation And Dynamic Preclearance, Travis Crum
The Voting Rights Act’S Secret Weapon: Pocket Trigger Litigation And Dynamic Preclearance, Travis Crum
Scholarship@WashULaw
Following NAMUDNO, the search is on for a way to save section 5 of the Voting Rights Act (VRA). This Note offers a solution through an examination of the VRA’s most obscure provision: section 3. Commonly called the bail-in mechanism or the pocket trigger, section 3 authorizes federal courts to place states and political subdivisions that have violated the Fourteenth or Fifteenth Amendments under preclearance. This Note makes a two-part argument. First, the pocket trigger should be used to alleviate the NAMUDNO Court’s anxiety over the coverage formula’s differential treatment of the states. The Justice Department and civil rights groups …
Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom, Adrienne D. Davis, Robert S. Chang
Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom, Adrienne D. Davis, Robert S. Chang
Scholarship@WashULaw
This exchange of letters picks up where Professors Adrienne Davis and Robert Chang left off in an earlier exchange that examined who speaks, who is allowed to speak, and what is remembered. Here, Professors Davis and Chang explore the dynamics of race, gender, and sexual orientation in the law school classroom. They compare the experiences of African American women and Asian American men in trying to perform as law professors, considering how makeup and other gender tools simultaneously assist and hinder such performances. Their exchange examines the possibility of bias that complicates the use of student evaluations in assessing teaching …
Introduction To The Symposium: The Politics Of Identity After Identity Politics, Adrienne D. Davis
Introduction To The Symposium: The Politics Of Identity After Identity Politics, Adrienne D. Davis
Scholarship@WashULaw
The Essays in this volume seek to shed some light on the politics of identity after the 2008 Presidential election in which identity politics dominated. To explore how 2008 and its aftermath have shifted both academic and political debates, Professor Adrienne Davis invited scholars from a variety of disciplines who embrace diverse methodologies—political theory; cultural studies; history; and law. These authors explore identity politics as a field of academic inquiry; a cultural discourse; a legal claim; a negotiation of institutions and power; and a predicate for political alliances. Collectively, the Articles both develop new frameworks and intervene in old ones …
Three Snapshots Of Scholarly Engagement: Catharine Mackinnon’S Ethical Entrenchment, Transformative Politics, And Personal Commitment, Adrienne D. Davis
Three Snapshots Of Scholarly Engagement: Catharine Mackinnon’S Ethical Entrenchment, Transformative Politics, And Personal Commitment, Adrienne D. Davis
Scholarship@WashULaw
One of Catharine MacKinnon's germinal works calls attention to the political effects of modifiers. So, I was intrigued by the modifier of the conference panel that sparked this essay, the "engaged" scholar. I was struck by the quite distinct connotations invoked by this modifier. Of course there is the use I believe was envisioned by the plenary organizers as characterizing Professor MacKinnon's stunning body of legal work: engaged as in connected to something, seriously paying attention to consequences, rigorous and sustained involvement with a subject. Yet there are other connotations of engaged that I think are also helpful in understanding …