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Full-Text Articles in Law and Race

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

Faculty Scholarship at Penn Law

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 ...


Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri Jan 2015

Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri

Faculty Scholarship at Penn Law

Title VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing “intersectionality” to critical legal scholarship. By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality critique had come of age, generating a sophisticated subfield and producing many articles that remain classics in the field of anti-discrimination law and beyond. Employment discrimination law was not the only target of intersectionality critics, but Title VII’s failure to capture and ameliorate the particular experiences of women of color loomed large in this early legal literature. Courts proved especially reluctant to recognize multi-dimensional discrimination ...


Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri Jan 2015

Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri

Faculty Scholarship at Penn Law

Despite a transformative half century of social change, marital status still matters. The marriage equality movement has drawn attention to the many benefits conferred in law by marriage at a time when the “marriage gap” between affluent and poor Americans widens and rates of nonmarital childbearing soar. This Essay explores the contested history of marital supremacy—the legal privileging of marriage—through the lens of the “illegitimacy” cases of the 1960s and 1970s. Often remembered as a triumph for nonmarital families, these decisions defined the constitutional harm of illegitimacy classifications as the unjust punishment of innocent children for the “sins ...


Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri Jan 2014

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

Faculty Scholarship at Penn Law

No abstract provided.


Race, Gender, And Genetic Technologies: A New Reproductive Dystopia?, Dorothy E. Roberts Jan 2009

Race, Gender, And Genetic Technologies: A New Reproductive Dystopia?, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts Jan 2001

Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts Jan 1998

Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Is Equal Access The Prescription For Equity?, Dorothy E. Roberts Jan 1995

Is Equal Access The Prescription For Equity?, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Irrationality And Sacrifice In The Welfare Reform Consensus, Dorothy E. Roberts Jan 1995

Irrationality And Sacrifice In The Welfare Reform Consensus, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts Jan 1991

Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Black Surrogate Mother, Anita L. Allen Jan 1991

The Black Surrogate Mother, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


The Insurance Classification Controversy, Regina Austin Jan 1983

The Insurance Classification Controversy, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.