Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Adarand v. Pena (1)
- Affirmative action (1)
- American Civil Liberties Union (1)
- Antebellum (1)
- Ballard v. United States (1)
-
- Bigotry (1)
- Black Codes (1)
- Bolling v. Sharpe (1)
- Bowers v. Hardwick (1)
- Boy Scouts of America v. Dale (1)
- Brown v. Board of Education (1)
- Civil Rights Cases (1)
- Civil Service Commission (1)
- Cleburne v. Cleburne Living Center (1)
- Comstock Act of 1873 (1)
- Confederacy (1)
- Constitutionalism (1)
- Craig v. Boren (1)
- Death penalty (1)
- Defense of Marriage Act of 1996 (1)
- Dialectical Federalism (1)
- Due Process (1)
- Dunning school (1)
- Eighth Amendment (1)
- Emancipation (1)
- Equal Employment Opportunity Commission (1)
- Equal Protection (1)
Articles 1 - 2 of 2
Full-Text Articles in Law and Race
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …