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Full-Text Articles in Law

Embedded Whiteness: Theorizing Exclusion In Public Contracting, Sumi Cho Jan 2008

Embedded Whiteness: Theorizing Exclusion In Public Contracting, Sumi Cho

College of Law Faculty

The article focuses on the new economic sociology (NES) and how critical legal scholars care should respond to it. The introducion of NES comes at the same time the Critical Race Theory (CRT) was emerging and like CRT, NES was questioning basic disciplinary principles and assumptions. NES is considered new to the extent as its practitioners do not hesitate to adopt a critical stance with respect to microeconomics.


"The Constitution Follows The Flag...But Doesn't Quite Catch Up With It": The Story Of Downes V. Bidwell, Pedro A. Malavet Jan 2008

"The Constitution Follows The Flag...But Doesn't Quite Catch Up With It": The Story Of Downes V. Bidwell, Pedro A. Malavet

UF Law Faculty Publications

Some may consider a 1901 case to be ancient history, but Downes v. Bidwell and its progeny still govern all of these regions. This chapter will explore the Insular Cases as a way to understand the role of race in articulating the relationship between American territorial expansion and American citizenship-between American empire and American democracy. The chapter begins by historicizing the Downes opinion. My aim here is threefold: (1) to provide a brief description of the effects of Spanish colonial rule on Puerto Rico; (2) to set forth the circumstances leading up to the Spanish American War; and (3) to …