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Articles 1 - 29 of 29
Full-Text Articles in Law
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Taunya Lovell Banks
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Aids And Government: A Plan Of Action, Taunya L. Banks
Aids And Government: A Plan Of Action, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.
The Right To Medical Treatment, Taunya Lovell Banks
The Right To Medical Treatment, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Reproduction And Parenting, Taunya Lovell Banks
Reproduction And Parenting, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks
Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks
Taunya Lovell Banks
Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The post-colonial Mexican becomes …
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Taunya Lovell Banks
Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Taunya Lovell Banks
This mini commentary is written in response to a public speech made by Lawrence Summers, then President of Harvard University in 2005 in which he asserted that the under-representation of women in science and engineering may be due in part to biological differences in abilities between women and men. This commentary argues that Summers' remarks constitute a brief against affirmative action for women stated so broadly that it easily encompasses objections to affirmative action for blacks and other non-white Americans. It concludes that our inability or unwillingness to make connections between gender bias and racial privilege helps to maintain a …
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Two Life Stories: Reflections Of One Black Woman Law Professor, Taunya Lovell Banks
Two Life Stories: Reflections Of One Black Woman Law Professor, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Lovell Banks
The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
The Right To Medical Treatment, Taunya Lovell Banks
The Right To Medical Treatment, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks
The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks
Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Gender Bias In The Classrom, Taunya Lovell Banks
Gender Bias In The Classrom, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks
Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Taunya Lovell Banks
Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …
Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks
Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks
Taunya Lovell Banks
Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry—English; her …
The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya Banks
The Americans With Disabilities Act And The Reproductive Rights Of Hiv-Infected Women, Taunya Banks
Taunya Lovell Banks
No abstract provided.
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.
Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden
Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden
Taunya Lovell Banks
No abstract provided.
Aids And Government: A Plan Of Action, Taunya L. Banks
Aids And Government: A Plan Of Action, Taunya L. Banks
Taunya Lovell Banks
No abstract provided.
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Discretionary Justice And The Black Offender, Taunya Lovell Banks
Discretionary Justice And The Black Offender, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Taunya Lovell Banks
No abstract provided.