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Full-Text Articles in Law and Race

Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins Oct 2017

Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins

Maine Law Review

The focus of today’s annual Constitution Day lecture at the University of Maine School of Law is on the Fourteenth Amendment and specifically how the Equal Protection Clause relates to tort law. First, I will talk about the Equal Protection Clause in general—what it says, and some of what it has been held to mean—particularly where government makes distinctions based on race and gender. Second, I will discuss two historical tort cases that violate equal protection on the basis of race. In doing so, I uncover the racial history of tort law that has been hidden in plain sight. I …


The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs Oct 2017

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

UF Law Faculty Publications

Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when the police …


Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik Jun 2017

Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks May 2017

Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks

College of Arts & Sciences Senior Honors Theses

Beginning with President Carter and continuing with each successive president, the federal bench has become more diverse. This has caused scholars to turn their attention to how personal characteristics such as race and sex affect judging. Understanding the effects of gender and race on judging is crucial because white female and minority female judges may bring a different perspective to the bench than their male counterparts due to their shared experiences with discrimination. To fill a gap in the literature, this study examines the impact of women in terms of legal influence and voting behavior. The results demonstrate that women …


The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi Mar 2017

The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi

Pace Law Review

Supporters of hate crime legislation suggest that the primary reason for the codification of hate crime laws is “to send a strong message of tolerance and equality, signaling to all members of society that hatred and prejudice on the basis of identity will be punished with extra severity.” However, hate crime laws may actually be accomplishing the opposite effect of tolerance and equality because they encourage U.S. citizens to view themselves, not as members of our society, but as members of a protected group. The enactment of hate crime legislation at the federal and state levels has led to unintended …


Forgotten Youth: Homeless Lgbt Youth Of Color And The Runaway And Homeless Youth Act, Michelle Page Jan 2017

Forgotten Youth: Homeless Lgbt Youth Of Color And The Runaway And Homeless Youth Act, Michelle Page

Northwestern Journal of Law & Social Policy

Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness but it does provide services and programs specifically designed to aid homeless youth. It has had some success, but not all homeless youth benefit from it equally.

Obviously, the youth population is not a homogenous one. Youth are of varying ages, races, genders, and sexualities. Unfortunately, the Runaway and Homeless Youth Act does not specifically account for these …


Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo Jan 2017

Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Individuals with mental disabilities have traditionally been and continue to be subjected to rights violations and pervasive discrimination because of their mental disabilities. Seen as “the other,” individuals who are racial minorities and/or are women are marginalized to an even greater extent than other persons with mental disabilities in matters related to civil commitment and institutional treatment (especially involving theright to refuse medication).

It is impossible to examine these questions critically without coming to grips with the ways that expert testimony — testimony that is essential and necessary in all these cases — is infected with bias that leads to …


Introduction To Feminist Judgments: Rewritten Tax Opinions, Anthony C. Infanti, Bridget J. Crawford Jan 2017

Introduction To Feminist Judgments: Rewritten Tax Opinions, Anthony C. Infanti, Bridget J. Crawford

Book Chapters

Could a feminist perspective change the shape of the tax law? Most people understand that feminist reasoning has tremendous potential to affect, for example, the law of employment discrimination, sexual harassment, and reproductive rights. Few people may be aware, however, that feminist analysis can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on the reading and interpretation of statutes, Feminist Judgments: Rewritten Tax Opinions shows what a difference feminist analysis can make to statutory interpretation. This volume, part of the Feminist Judgments Series, brings …