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Full-Text Articles in Law and Race

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin Jan 2018

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

Faculty Scholarship at Penn Law

The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live ...


What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas Jan 2016

What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

Faculty Scholarship at Penn Law

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended ...


Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson Jul 2015

Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson

Faculty Scholarship at Penn Law

While agreeing that sentences for nonviolent drug offenses are too long, this Wall Street Journal op-ed piece argues that the large-scale clemency program planned by President Obama is misguided. It sets a dangerous precedent for using the clemency power beyond its traditional and intended purpose of providing a last-resort check on fairness and justice errors in individual cases, and instead uses the power to set sentencing policy. While many people will like the results of the current program, they will be less than happy when some future president uses it as precedent to promote a sentencing policy of which they ...


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 ...


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.


The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts Jan 1997

The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts Jan 1996

The Priority Paradigm: Private Choices And The Limits Of Equality, 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.


The Insurance Classification Controversy, Regina Austin Jan 1983

The Insurance Classification Controversy, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.