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Articles 1 - 4 of 4
Full-Text Articles in Law
Sexual Politics And Social Change, Darren Lenard Hutchinson
Sexual Politics And Social Change, Darren Lenard Hutchinson
UF Law Faculty Publications
The Article examines the impact of social movement activity upon the advancement of GLBT rights. It analyzes the state and local strategy that GLBT social movements utilized to alter the legal status of sexual orientation and sexuality following the Supreme Court’s ruling in Bowers v. Hardwick. Successful advocacy before state and local courts, human rights commissions, and legislatures fundamentally shifted public opinion and laws regarding sexual orientation and sexuality between Bowers and the Supreme Court’s ruling in Lawrence v. Texas. This altered landscape created the "political opportunity" for the Lawrence ruling and made the opinion relatively "safe".
Currently, GLBT rights …
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
UF Law Faculty Publications
Families and family law are at the cutting edge of social policy. As we navigate through difficult times, we are reminded not only of the importance of families, but also of their vulnerability. The challenge for family law and policy is to remain responsive and relevant. This requires that we confront the realities of families, their needs and issues. We live in times of enormous diversity in family forms. That reality is frightening and worrisome to some, but reminds us that it is how families function, rather than what they look like, that is most important. Embracing function over form …
From Downes V. Bidwell To Boumediene V. Bush: "The Constitution Follows The Flag ... But It [Still] Doesn't Quite Catch Up With It", Pedro A. Malavet
From Downes V. Bidwell To Boumediene V. Bush: "The Constitution Follows The Flag ... But It [Still] Doesn't Quite Catch Up With It", Pedro A. Malavet
Pedro A. Malavet
Boumediene v. Bush, resolved by the U.S. Supreme Court in June of 2008, granted habeas corpus rights, at least for the time being, to the persons detained at Guantanamo Bay Naval Station. The majority partially based its ruling on the doctrine of the Insular Cases, first set forth in the 1901 decision in Downes v. Bidwell. Indeed, the court was unanimous that the plurality opinion of Justice Edward Douglass White in Downes is still the dominant interpretation of the Constitution’s Territorial Clause, abandoning the rule set forth in Dred Scott v. Sanford. This article provides historical context and analysis of …
Racial Exhaustion, Darren Lenard Hutchinson
Racial Exhaustion, Darren Lenard Hutchinson
UF Law Faculty Publications
Contemporary political and legal discourse on questions of race unveils a tremendous perceptual gap among persons of color and whites. Opinion polls consistently demonstrate that persons of color commonly view race and racial discrimination as important factors shaping their opportunities for economic and social advancement. Whites, on the other hand, often discount race as a pertinent factor in contemporary United States society. Consequently, polling data show that whites typically reject racial explanations for acute disparities in important socio-economic indicators, such as education, criminal justice, employment, wealth, and health care. Echoing this public sentiment, social movement actors, politicians, and the Supreme …