Law and Race Commons^™

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

Simplify You, Classify You: Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin

Articles & Chapters

In this paper I consider the question of the extent to which sanism and pretextuality - the factors that contaminate all of mental disability law - do or do not equally contaminate the special education process, and the decision to label certain children as learning disabled. The thesis of this paper is that the process of labeling of children with intellectual disabilities implicates at least five conflicts and clusters of policy issues:

* The need to insure that all children receive adequate education

* The need to insure that the cure is not worse than the illness (that is, that …

Unifying Disparate Treatment (Really), Martin J. Katz

Sturm College of Law: Faculty Scholarship

The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.

Diverse Conceptions Of Emotions In Risk Regulation, Peter H. Huang

Publications

No abstract provided.

Book Review, Angela Mae Kupenda

Journal Articles

YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

Articles

The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …

Tax As Urban Legend, Anthony C. Infanti

Articles

In this essay, I review UC-Berkeley history professor Robin Einhorn's book, American Taxation, American Slavery. In this provocatively-titled book, Einhorn traces the relationship between democracy, taxation, and slavery from colonial times through the antebellum period. By re-telling some of the most familiar set piece stories of American history through the lens of slavery, Einhorn reveals how the stories that we tell ourselves over and over again about taxation and politics in America are little more than the stuff of urban legend.

In the review, I provide a brief summary of Einhorn's discussion of the relationship between slavery and colonial taxation, …

Servitude, Liberté Et Citoyenneté Dans Le Monde Atlantique Des Xviiie Et Xixe Siècles: Rosalie De Nation Poulard…, Rebecca J. Scott, Jean Hebrard

Articles

On December 4, 1867, the ninth day of the convention to write a new post-Civil War constitution for the state of Louisiana, delegate Edouard Tinchant rose to propose that the convention should provide “for the legal protection in this State of all women” in their civil rights, “without distinction of race or color, or without reference to their previous condition.” Tinchant’s proposal plunged the convention into additional debates ranging from voting rights and equal protection to recognition of conjugal relationships not formalized by marriage.

This article explores the genesis of Tinchant’s conceptions of citizenship and women’s rights through three generations …

Uniendo Comunidades By Learning Lessons And Mobilizing For Change, Margaret E. Montoya

Faculty Scholarship

Building community, that is, sustaining our connections to family and our ancestry is often hampered by going to law school. Law schools are highly adept at assimilating you into a profession and a worldview that can be at odds with who you were and how you saw the world before you began law school. Unfortunately, in order to fit in, it can seem advantageous to forget tus ralces, your roots. I began by talking about unigndo comunidades as a progressive objective and have been talking about the second part of your conference theme, learning lessons and mobilizing for change, as …

Latinas/Os' And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes

Faculty Scholarship

In this article, Professors Montoya and Valdes examine various ways of developing Latina/o legal studies in the United States. As background, they first outline and examine the three main models of knowledge-production established within legal academia during the past century or so: 1) the traditional or imperial model; 2) the safe-space or vanguard model, and; 3) the big-tent or democratic model. Using this historical template to contextualize current efforts in Latina/o legal studies both substantively and methodologically, they next review the record of LatCrit theorists over the past dozen years. With this analytical framework in place, they situate the LatCrit …

Leading Change In Legal Education - Educating Lawyers And Best Practices: Good News For Diversity, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Culturally Effective Legal Interviewing And Counseling For The Mexican Immigrant - A Case Study, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Making And Breaking Habits: Teaching (And Learning) Cultural Context, Self-Awareness, And Intercultural Communication Through Case Supervision In A Client-Service Legal Clinic, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Article begins by offering teaching objectives that can be used to focus supervision and education on effective representation of clients from different cultures as issues arise in the course of representation. The Article then discusses the context of student supervision and explains how case supervision sessions can be extremely effective moments during which to pursue those teaching goals. The Article next examines vignettes that grew out of cases handled by the University of New Mexico's Clinical Law Program.