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Full-Text Articles in Law and Race
White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner
White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner
Faculty Scholarship
Justice Sonia Sotomayor's confirmation hearing took a controversial turn when commentators picked up on a reference in the New York Times to a portion of a speech she gave in 2001. In that speech, then Judge Sotomayor opined that, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." That statement, along with her participation in the per curiam decision in Ricci v. DeStefano, caused a minor storm during her confirmation. More recently, former Harvard Dean and former …
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner
Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner
Faculty Scholarship
The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress has …
Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner
Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner
How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner
The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner
Faculty Scholarship
No abstract provided.