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Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito Oct 2014

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito

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More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …


When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo Jul 2014

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

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James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …


Of Secrecy And Punishment, Lauren Sudeall Lucas Mar 2014

Of Secrecy And Punishment, Lauren Sudeall Lucas

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No abstract provided.


Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer Jan 2014

Gift Horses, Choosy Beggars, And Other Reflections On The Role And Utility Of Social Enterprise Law, Cassady V. Brewer

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The U.S. law of social enterprise is growing rapidly. Since 2008, one-half of all U.S. states have modified their business law to establish special legal forms designed for social enterprise. Meanwhile, even with twenty-five states adopting special laws for social enterprise, the legal debate surrounding social enterprise continues. Rather than rehashing that debate, this essay sets forth the author’s personal perspective on the role and utility of social enterprise. The essay argues that, except in limited circumstances, social enterprise is superior to traditional philanthropy when it comes to solving longstanding humanitarian or environmental problems. U.S. business law thus should continue …


Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito Jan 2014

Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito

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This essay is based on a presentation made as part of “Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia,” a symposium sponsored by the UCLA Chicana/o-Latina/o Law Review, April 5, 2013.