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Articles 1 - 6 of 6

Full-Text Articles in Law

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake Nov 2004

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake

University of Pittsburgh School of Law Working Paper Series

This Article addresses the problem of leveling down as a response to discrimination. Existing case law and legal scholarship generally assume that inequality may be remedied in one of two ways: improving the lot of the disfavored group to match that of the most favored group, or worsening the treatment of the favored group until they fare as badly as everyone else. The term “leveling down” refers to the latter response. This Article contends that courts and commentators have overstated the flexibility of equality rights in accepting leveling down as a response to inequality, and proposes a new framework that ...


Intimacy And Injury: How Law Has Changed For Battered Women, Phyllis Goldfarb Sep 2004

Intimacy And Injury: How Law Has Changed For Battered Women, Phyllis Goldfarb

Boston College Law School Faculty Papers

In a book focused on the intersection of law and psychology in women's lives, this chapter reviews the evolving law of domestic violence, examining the features of the legal landscape that have changed in the past three decades for those who have experienced violence in intimate relationships. The chapter considers the legal development of interventions such as civil protection orders, civil lawsuits, mandatory arrest and no-drop prosecution policies, the conception of crimes such as restraining order violations and stalking, and the potential use of alternative forms of dispute resolution. Changes in the law of self-defense as applied to intimate ...


Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris Sep 2004

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made ...


Racism As "The Nation's Crucial Sin": Theology And Derrick Bell, George H. Taylor Apr 2004

Racism As "The Nation's Crucial Sin": Theology And Derrick Bell, George H. Taylor

University of Pittsburgh School of Law Working Paper Series

The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both ...


The Apogee Of The Commodity, Anthony P. Farley Jan 2004

The Apogee Of The Commodity, Anthony P. Farley

Boston College Law School Faculty Papers

Slavery is death. The body of this death is white-over-black, white-over-black only, and that continually. The body of this death is eternal and therefore with us still. Slavery is white-over-black, segregation is white-over-black, neosegregation is white-over-black, and all of it is death. White-over-black is the death that it is the slave’s calling to produce. The slave produces this death through its juridical prayers for equality of right. The slave perfects its own slavery in this manner. Rights cannot be equal. There are always ambiguities. The ambiguities are always available for a white-over-black reading. The fact of white-over-black, of the ...


Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom Jan 2004

Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom

Boston College Law School Faculty Papers

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which ...