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Articles 1 - 8 of 8
Full-Text Articles in Law
Judicial Hellholes, Lawsuit Climates And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg
Judicial Hellholes, Lawsuit Climates And Bad Social Science: Lessons From West Virginia, Elizabeth G. Thornburg
West Virginia Law Review
No abstract provided.
"Nigger": A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Shayne E. Jones, Gregory S. Parks
"Nigger": A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Shayne E. Jones, Gregory S. Parks
Shayne E Jones
On a 2005 summer morning, Nicholas “Fat Nick” Minucci (White) beat Glenn Moore (Black) with a baseball bat and robbed him. During the assault, Minucci repeatedly screamed the N-word. At trial, Minucci’s attorney argued that he had not committed a hate crime. The essence of the defense’s argument was that Minucci’s use of the N-word while assaulting and robbing Moore was not indicative of any bias or prejudice. The defense went on to indicate that Minucci had Black friends, was immersed in Black culture, and employed the N-word as part of his everyday vocabulary. Two Black men—Gary Jenkins (hip hop …
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
Michigan Journal of Race and Law
In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Seattle University Law Review
The full extent of what the Court decided in Grutter and Parents Involved remains in some dispute. What is far more certain is that both cases continue to stir deeply held passions that help frame public and legal debates about the Court and its role in affirmative action and school desegregation disputes. Amid these increasingly raucous debates, this Article expressly side steps the many questions (and controversies) about what the Court decided in those cases and seeks to escape from the frequently politically charged and volatile context of governmental uses of race. This Article instead focuses on how the Court …
Implications Of Psychological Research Related To Unconscious Discrimination And Implicit Bias In Proving Intentional Discrimination, The, Ivan E. Bodensteiner
Implications Of Psychological Research Related To Unconscious Discrimination And Implicit Bias In Proving Intentional Discrimination, The, Ivan E. Bodensteiner
Missouri Law Review
Taking into account recent psychological research related to implicit bias and discrimination, this article will address proof of intent in disparate treatment cases. Part II of the article will examine a likely source of proof of discrimination - comments made by agents of the defendant. Courts frequently discount such comments, labeling them as "stray remarks" and either excluding them as evidence or determining that they are insufficient to defeat a motion for summary judgment. Derogatory comments directed at an individual, based on certain characteristics the speaker attributes to the individual, provide substantial insight into how the speaker assesses people. For …
Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Reach Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay
Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Reach Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay
Articles by Maurer Faculty
To say that Professor Marc Galanter's scholarship is diverse would be a woeful understatement. In his over forty years of writing, Galanter's work has covered topics including (but not limited to) torts, contracts, constitutional law, comparative law, empirical legal studies, the legal profession, legal anthropology, and South Asian studies. With Galanter's scholarship so heavily cited and respected, we see it as only fitting, particularly upon his recently turning seventy-five, to acknowledge his achievements in a symposium that reflects back on the years of his work. Serving as special editors to an issue forthcoming in the Duke Law School journal, Law …
Law On The Street: Legal Narrative And The Street Law Classroom, Elizabeth L. Macdowell
Law On The Street: Legal Narrative And The Street Law Classroom, Elizabeth L. Macdowell
Scholarly Works
This Article argues that the failure of anti-discrimination law to address the problems of subordination reflects the hegemonic perspective in legal narratives. For the lawyer concerned with social change, it is imperative to identify these narratives and the ways in which they not only inhibit deep social change, but may perpetuate the conditions of subordination. Yet, law school polices against the consciousness necessary for the lawyer to identify the hegemonic narrative in the law, and often instills attitudes, which are antithetical to the project of social change. In this context, Street Law - a practical law course taught by law …
The Aspiration To Be A Catholic Social Scientist In The Eyes Of Robert Coles: The Search For Wisdom In An Information Age, Randy Lee
Randy Lee
The Catholic social scientist seeks to understand his world so he can know his God. He is called by love to the questions that he addresses, and the answers he finds to those questions draw him to a call of service, a call to make a life other than his own at least a little better. One of the pre-eminent Catholic social scientists of our time is the psychiatrist, medical doctor, and “hard” scientist, Dr. Robert Coles. This article seeks to consider five pieces of advice that Dr. Coles offers to those aspiring to be Catholic social scientists. First, work …