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Articles 61 - 90 of 114
Full-Text Articles in Law and Race
On Justitia, Race, Gender, And Blindness, Bennett Capers
On Justitia, Race, Gender, And Blindness, Bennett Capers
Faculty Scholarship
No abstract provided.
The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm
The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm
Faculty Scholarship
The path to workplace'equality has become a difficult one to navigate. No one can safely rely upon the strategies developed in the 1960s and 1970s to integrate workplaces. Employers face legal and political challenges both for failing to diversify their workplaces and for diversity efforts to overcome that failure. Civil rights and women's rights advocates battle to hold on to the litigation victories of the past, even as they acknowledge judicial remedies' shrinking availability and limited efficacy in addressing many aspects of current-day equality. Anti-discrimination regulators contend with inadequate resources to carry out their traditional enforcement activities, as well as …
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.
Latinas In Legal Education- Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette M. Sedillo Lopez
Latinas In Legal Education- Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Faculty Scholarship
Transcript of The 2004 James McCormick Mitchell Lecture. On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its …
Two "Colored" Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews
Two "Colored" Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews
Faculty Scholarship
This is a critique by two non-white law professors in the form of a conversation about the relevance of feminist law journals on their lives and scholarship. We conclude that the impression that feminist scholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as …
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier
Faculty Scholarship
In 1992 had been teaching for four years at the University of Pennsylvania Law School. I taught voting rights and criminal procedure, subjects related to what I had done as a litigator. Preparing for class meant reading many of the same cases I had read preparing for trial. Some were even cases I had tried. Teaching offered me a fresh chance to read those cases with new interest. I could see the subtle linkages between cases that I had not previously noticed. From the distance of the academy, I observed the evolution of the doctrine without feeling overcome by the …
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.
Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya
Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya
Faculty Scholarship
Traditional doctrine insists that we tame sexual desire by pretending that goodness and Godliness is defined by celibacy and abstinence, but the Church is simply wrong to insist that we accept a theology that negates and silences and suppresses a central part of our lives. To the extent that we believe in a life after death, many of us have won a chance at Heaven not by denying and suppressing our sexuality but by struggling to develop our capacity to experience joy through sexual desire and to honor the responsibility of not generating misery for ourselves and others through that …
Placing The Adoptive Self, Carol Sanger
Placing The Adoptive Self, Carol Sanger
Faculty Scholarship
[A]doption law and practices are guided by enormous cultural changes in the composition and the meaning of family. As families become increasingly blended outside the context of adoption – with combinations of blood relatives, step-relatives, de facto relatives, and ex-relatives sitting down together for Thanksgiving dinner as a matter of course – birth families and adoptive families knowing one another may not seem so very strange or threatening at all. There will simply be an expectation across communities that ordinary families will be mixed and multiple. With that in mind, we should hesitate before establishing embeddedness as the source of …
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as revising the history of the civil rights struggle, especially as it applies to the Chicano-Latino communities. This paper represents a student-faculty collaboration in that the students organized the conference at which some of this analysis was first proposed. This was the conference at which now Justice Sonia Sotomayor made her now iconic comments about being a "wise Latina." People can't get to be judges without first going to law school, and Latinas/as can't get to law school, at least in significant numbers, without affirmative …
Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla
Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla
Faculty Scholarship
This article explores the relationship between gender, race and property.Women in the United States continue to be economically disadvantaged, and women of color are even more disadvantaged. This article will open with a review of laws, past and present, which have shaped women's rights to own, manage and transfer property. It will then provide a status check of where women, including women of color, stand in the United States relative to the rest of the population vis-a-vis income and other indicators of economic well-being. The article will then discuss why economic inequality persists, trotting out the usual reasons of discrimination …
The Future Of Civil Rights: A Dialogue, Margaret E. Montoya
The Future Of Civil Rights: A Dialogue, Margaret E. Montoya
Faculty Scholarship
Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny
Teaching A Professional Responsibility Course: Lessons Learned From The Clinic, Antoinette M. Sedillo Lopez
Teaching A Professional Responsibility Course: Lessons Learned From The Clinic, Antoinette M. Sedillo Lopez
Faculty Scholarship
In teaching Ethics or Professional Responsibility, I want to do more than teach students the law of the course. While it is important that students become familiar with and able to navigate the rules of professional responsibility, my clinical teaching has helped me develop additional educational objectives that I believe will affect their lives as future lawyers. I categorize my objectives in a three-credit classroom professional responsibility course as three-fold: 1) teaching the law of lawyering; 2) exploring professionalism issues;20 and 3) critically examining the profession. I will discuss a few of my experiences teaching in the clinic and how …
Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law: Introduction, Suzanne B. Goldberg
Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law: Introduction, Suzanne B. Goldberg
Faculty Scholarship
Hello and welcome. We are thrilled to see you all here. I speak on behalf of my co-panelists in thanking Sarah Weddington for laying some of the groundwork on which we are standing and for laying some of the foundation that gives rise to the issues we are going to talk about on this panel.
Taking Care, Katherine M. Franke
Taking Care, Katherine M. Franke
Faculty Scholarship
Care must be taken when human needs are expressed in the odd dialect of legal rights. This delicate act of translation – from private need to public obligation – demands acute sensitivity to the ways in which public responsibility inaugurates a new and complex encounter with a broad array of public preferences that deprive dependent subjects of primary stewardship over the ways in which their needs are met. Both Martha Fineman and Joan Williams have taken on the difficult project of making the ethical and political case for transforming dependency and care – from private or domestic need to public …
Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez
Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez
Faculty Scholarship
Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization
Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya
Class In Latcrit: Theory And Praxis In A World Of Economic Inequality (Foreword), Margaret E. Montoya
Faculty Scholarship
The fifth annual Latina/o critical legal theory ("LatCrit") conference was held on May 4-7, 2000 in Breckenridge, Colorado. The mountain resorts of Colorado present an almost metaphorical location for a critical theory meeting. The majesty and apparent harmony of the natural environment contrast so vividly with the cotidian conflicts in the human environment, and the elites exhibit a banal oblivion to the vicious racial and class-based violence that provide the grist for critical theorists. These resort locations dedicated to a lifestyle of money, recreation and pampering and infused with the invisible oxygen of privilege offer a space for theoretical work …
Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez
Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez
Faculty Scholarship
I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …
Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla
Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla
Faculty Scholarship
Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez
Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez
Faculty Scholarship
Tribal regulation of marriage is an example of tribal government and tribal court using the legal system to reclaim traditional values and to resist (at least in part) the dominant values imposed on the Navajo Nation. Identity as Dine (the Navajos term to refer to themselves) is based on clan affiliations, which are determined by blood and marriage. Marriage has been an important and sacred institution in Navajo tradition. The Navajo Supreme Court and the Tribal Council have attempted to find a substantive law of marriage that respects traditional Navajo culture while meeting contemporary needs of Navajo people. The Navajo …
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Translating Legal Terms In Context, Antoinette M. Sedillo Lopez
Faculty Scholarship
This article reviews a number of Spanish/English legal dictionaries, evaluating the relative merits and features of each. Translating legal terms requires an understanding of both the legal context in which the term is used and the legal context in which the translation is intended. Thus, this review of legal dictionaries concentrates on evaluating the authors'/editors' understanding of how the terms are used in the two legal cultures, as well as in two different languages.
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya
Faculty Scholarship
The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …
Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks
Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Testimony, Antoinette M. Sedillo Lopez
A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez
A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez
Faculty Scholarship
"This Article proposes a methodology for comparative analysis of women's rights using insights from critical race theory and feminism. Comparative analysis by a Western scholar must reconcile a perspective developed in the United States with respect for another culture. In discussing women's rights, lawyers, judges, students and sociologists have justified certain women's situations as an inherent aspect of culture. For example, traditional "female genital surgery" has been defended as a "mere bodily mutilation" that is the "sine qua non of the whole teaching of tribal law, religion, and morality." In Mexico, "machismo" has been justified as an immutable characteristic of …
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.
Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson
Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson
Faculty Scholarship
In Black Women, Gender Equity and the Function at the Junction, I argued that an equality-based legal regime does not provide an adequate remedy for African-American female athletes. Instead I suggested that a tort-based regime may be more appropriate. I did so knowing that gender and racial discrimination are torts and I did not intend to suggest otherwise. They are statutory torts founded upon equality principles. What I intended was to draw more upon the general tort principles involved in an antidiscrimination action. I specifically invoked the notion of using mass tort theories. I wish to sketch a brief but …