Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 46

Full-Text Articles in Law and Race

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh Oct 2019

Interracial Marriage In The Shadows Of Jim Crow: Racial Segregation As A System Of Racial And Gender Subordination, Reginald Oh

Reginald Oh

This Essay works through essentialist language to reveal the multidimensional nature of racial segregation as a system of subordination. Specifically, it examines how racial segregation in public schools and laws prohibiting interracial marriage mutually reinforce racial and gender inequality. Part I discusses Brown and the traditional analysis of that decision as a case dealing with race, racial stigma, and equal educational opportunity. Part II reviews laws prohibiting interracial marriage, the reasoning and purpose behind these laws, and the Loving decision that rendered such laws unconstitutional. Part III then examines racial segregation in public schools as more than just a system ...


Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir Oct 2019

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir

Doron M Kalir

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


The Challenges Of Multiplicity, Jennifer Nedelsky Jul 2019

The Challenges Of Multiplicity, Jennifer Nedelsky

Jennifer Nedelsky

A Review of Inessential Woman: Problems of Exclusion in Feminist Thought by Elizabeth V. Spelman


Introduction, Deborah W. Post May 2019

Introduction, Deborah W. Post

Deborah W. Post

No abstract provided.


The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich May 2018

The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich

Jonathan Witmer-Rich

This article seeks to resolve a longstanding conceptual puzzle plaguing the "heat of passion" doctrine--how courts should determine which features, beliefs, or characteristics of a defendant are properly relevant to assessing whether the defendant was sufficiently provoked, and which of those features should be disregarded. This article argues that provocation is not adequate if the reason the defendant became extremely angry is due to some blameworthy belief or attribute of the defendant. A belief is blameworthy if it contradicts the fundamental values of the political community. The blameworthiness principle distinguishes those aspects of the defendant that cannot form a basis ...


Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing Dec 2017

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing

Angela Onwuachi-Willig

No abstract provided.


Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith Jun 2017

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Brenda Smith

This Essay transcribes and discusses Smith’s keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith’s speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.


Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr. Apr 2017

Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.

Donna M. Hughes

In December 2016, Professor of Gender and Women’s Studies Donna M. Hughes published the inaugural issue of the journal Dignity: A Journal on Sexual Exploitation and Violence as editor-in-chief. Just a few months ago, in January, Dignity released its second issue. Professor Hughes has been working on issues related to sexual violence and exploitation, such as human trafficking since the 1980s. She saw an opening in the field for a journal about the particular work that she has been doing for so long. “There is no other scholarly journal that addresses sexual exploitation and violence and has an editorial ...


New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr. Apr 2017

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

With large global reach already, the journal Dignity is first of its kind in the world. A new journal devoted to the broad examination of sexual exploitation, violence and slavery has been launched by a prominent University of Rhode Island professor and researcher Donna M. Hughes. Since its debut last year, the first-of-its-kind online journal Dignity has been a global success, with people from more than 100 countries downloading articles, according to URI. 


Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr. Apr 2017

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Sexual exploitation and violence are rampant throughout the world, and academics are rightly pushing the issue into the public eye through their research and articles. University of Rhode Island professor Donna M. Hughes is at the forefront of the movement with the launch of an online academic journal, “Dignity,” dedicated to publishing papers about sexual exploitation, violence and slavery. The journal is the first academic journal in the world to address global sexual exploitation and well on its way to success.


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law and ...


International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez

On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015), and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.
The thesis of International Environmental Law and ...


Myth: Hard Work And Credentials Determine Employment Opportunities Feb 2016

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

"The way one's career develops has little to do with what one went to school for, envisioned, or carefully planned. Careers generally result from coincidence. Regardless of these facts, job seekers are told to endure extensive career testing and planning, or they are asked to create artificial networks that seldom lead to more than frustration. They are given tests that allegedly determine which careers a particular individual would excel in and be a good fit for based on his or her skills and interests, as if the individual would not excel in other careers as much, or as if ...


How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine Nov 2015

How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.