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Articles 1 - 20 of 20
Full-Text Articles in Law
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
University of Massachusetts Law Review
This Article tells the legal story of one of the South’s most infamous trials – the Groveland Boys prosecution in central Florida. Called “Florida’s Little Scottsboro,” the Groveland case garnered international attention in 1949 when four young black men were accused of the gang rape of a white woman in the orange groves north of Orlando. Several days of rioting, Ku Klux Klan activity, three murders, two trials, and three death penalty verdicts followed, in what became the most infamous trial in Florida history. The appeals of the trial reached the United States Supreme Court, with the NAACP’s Thurgood Marshall …
Section 1: Moot Court: Pena-Rodriguez V. Colorado, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Pena-Rodriguez V. Colorado, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Racism As Subjectification, David Schraub
Racism As Subjectification, David Schraub
David Schraub
Nobody likes to feel used. But everyone likes to feel useful. This paradox has long been overlooked by people examining the parameters of racism in the United States. The classic model of racism focuses on the manner in which Black Americans have been objectified—and for good reason. From chattel slavery to Jim Crow, African Americans have faced a long and sordid history of being regarded as little more than objects—useful tools for White power-brokers, but not independent subjects with their own desires, perspective, and rights. However, following the Civil Rights revolution, this dynamic has shifted. While racial objectification has by …
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Christopher Edley
No abstract provided.
Donald Trump's Dangerous Demagoguery, Lauren Carasik
Donald Trump's Dangerous Demagoguery, Lauren Carasik
Media Presence
No abstract provided.
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gabriel Arkles
Those concerned with racial, gender, sexual, economic, or disability justice should be concerned about the direction and focus of national conversations in the wake of Newtown. Controversies over gun control and mental health treatment have a profound impact on those marginalized based on race, gender, sexuality, class, and disability. Gun control laws endanger trans people of color and queer women of color, as well as those labeled mentally ill, by failing to reduce interpersonal violence while increasing the violence of the criminal legal system. Instead of increasing incarceration of people in marginalized communities who choose to carry guns, we should …
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gabriel Arkles
Those concerned with racial, gender, sexual, economic, or disability justice should be concerned about the direction and focus of national conversations in the wake of Newtown. Controversies over gun control and mental health treatment have a profound impact on those marginalized based on race, gender, sexuality, class, and disability. Gun control laws endanger trans people of color and queer women of color, as well as those labeled mentally ill, by failing to reduce interpersonal violence while increasing the violence of the criminal legal system. Instead of increasing incarceration of people in marginalized communities who choose to carry guns, we should …
Title Vii At 50: The Landmark Law Has Significantly Impacted Relationships In The Workplace And Society, But Title Vii Has Not Reached Its True Potential, Cynthia Elaine Tompkins
Title Vii At 50: The Landmark Law Has Significantly Impacted Relationships In The Workplace And Society, But Title Vii Has Not Reached Its True Potential, Cynthia Elaine Tompkins
St. John's Law Review
(Excerpt)
This Article’s historical chronicle provides a valuable backdrop for an examination of Title VII. Part II analyzes Title VII’s impact on race relations in the workplace and society. While progress has been made in the effort to provide equal opportunities for all workplace employees, Title VII legislation has not eliminated employment discrimination. As Title VII marches toward its sixtieth anniversary, this Article’s final section, Part III, reviews unconscious bias and other current challenges preventing Title VII from reaching its true potential.
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
St. John's Law Review
(Excerpt)
The line of argument is not complex. Part I explicates the unequal burden doctrine and its link to the predecessor theory of “mutable characteristics.” Part II offers the aforementioned statutorily formal argument, disproving unequal burden theory through an examination of Title VII’s plain language and structure in light of modern Supreme Court precedents addressing Title VII’s ban against stereotyping. This analysis places special emphasis on 42 U.S.C. § 2000e-2(m), in which Congress clarified that plaintiffs prevail when discriminatory animus merely is a “motivating factor” rather than the “but-for cause” of the defendants’ conduct.
Although not the lengthiest discussion herein …
Introduction, David L. Gregory, Elizabeth Anne Tippett
Introduction, David L. Gregory, Elizabeth Anne Tippett
St. John's Law Review
(Excerpt)
Through this Title VII Symposium, St. John’s University School of Law proudly participates in a larger and continuing national discussion of the role and state of civil rights in the United States.
About Microaggressions, Ronald E. Wheeler
About Microaggressions, Ronald E. Wheeler
Faculty Scholarship
Professor Wheeler discusses the concepts of microaggressions (including micro-assaults, microinsults, and microinvalidations) specifically against LGBT individuals, and proposes some solutions for preventing microaggressions from occurring within one’s organization.
Welfare Queens And White Trash, Lisa R. Pruitt
Welfare Queens And White Trash, Lisa R. Pruitt
Lisa R Pruitt
'Fire Away': I Have No Right To Not Be Insulted, David R. Barnhizer
'Fire Away': I Have No Right To Not Be Insulted, David R. Barnhizer
Law Faculty Articles and Essays
Universities are the institutions responsible for advancing our freedom of thought and discourse through the work of independent scholars and the teaching of each generation of students. But for several decades, universities and other educational institutions have increasingly set up rules aimed at protecting individuals and groups from criticism that those individuals and groups consider insensitive, offensive, harassing, intolerant and disrespectful, critical of their core belief systems or threats to their agendas. Even though it has been claimed that disadvantaged interest groups have a right to use one-sided tactics of intolerance against those they consider to be responsible for their …
Baltimore's Monumental Question: Can The Heightened Social Conscience Against The Confederacy Rewrite The Constitutional Right To Due Process?, Blake Alderman
Baltimore's Monumental Question: Can The Heightened Social Conscience Against The Confederacy Rewrite The Constitutional Right To Due Process?, Blake Alderman
University of Baltimore Journal of Land and Development
Monuments are preserved in order to remember, educate the public on, and acknowledge the monuments’ historical significance. Maryland’s monuments are designated by two authorities: the Board of the Maryland Historical Trust and smaller municipal commissions.1 The Board examines local monuments to be submitted to the national registry, whereas the smaller commissions are appointed and operate to preserve local Baltimore monuments.2 On June 30, 2015, Baltimore City Mayor Stephanie Rawlings-Blake announced the creation of a Special Commission to review all Baltimore City Confederate historical monuments.3
The Commission’s appointment stems from a recently heightened national awareness of racism embedded in government culture. …
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge
Brooklyn Journal of International Law
Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a repulsion of …
America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate
America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate
Law Faculty Publications
Review of Bryan Stevenson's book, Just Mercy: A Story of Justice and Redemption, published by Spiegal & Grau in 2014.
Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares
Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares
Legacy Theses & Dissertations (2009 - 2024)
This thesis examines the role Ridgway v. Cockburn played in exposing the “Negro race” as a subjective experience rather than a definitive label. Blacks in the 20th century were seen as undesirable. The NAACP fought for blacks’s rights to property and justice in the courts. Racially restrictive covenants became a popular method used by whites to keep blacks out of their neighborhoods. Arthur Garfield Hays, a white lawyer, defended the Cockburns as they moved into Edgemont Hills, a white elite neighborhood.
The Never Ending Tale: Racism And Inequality In The Era Of Broken Windows, Jonathan Oberman, Kendra Johnson
The Never Ending Tale: Racism And Inequality In The Era Of Broken Windows, Jonathan Oberman, Kendra Johnson
Articles
No abstract provided.
Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub
Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub
David Schraub