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Full-Text Articles in Law
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
Articles by Maurer Faculty
At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas — the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces — social media and employment where …
O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell
O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell
Articles by Maurer Faculty
This Article presents a comprehensive, context-based theory which both places cross burning in its proper doctrinal framework and recognizes the history of cross burning as one of Ku Klux Klan-inspired terrorism directed at African Americans. The author prefaces critical commentary on the Supreme Court's decision in Virginia v. Black with analysis of the full landscape of cross burning cases including another issue to which others have paid little attention - the ways in which state courts have negotiated First Amendment challenges to cross burning statutes. Thoroughly examining cross burning from each of these perspectives, the Article argues that cross burning …
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.