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Full-Text Articles in Law and Society
A Friendly Amendment, Larry Yackle
A Friendly Amendment, Larry Yackle
Faculty Scholarship
Heather Gerken comes to praise Justice Kennedy’s opinion for the Supreme Court in United States v. Windsor. 1 I come to praise Gerken’s valiant effort to recast the Windsor opinion along more convincing lines.2 Gerken does not propose a wholesale substitute for Justice Kennedy’s analysis. She suggests a shift in emphasis that lends Kennedy’s explanation for condemning DOMA a surprising jurisprudential significance. Where some us have seen yet another lamentable paean to the sovereignty of the states, Gerken detects the faint hint of the “nationalist” school of federalism that she and others have nurtured in recent years.3 Gerken does not …
Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol
Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol
UF Law Faculty Publications
This essay explores the multiple margins that Latinas inhabit both within majority society and their comunidad Latina because of their compounded outsider status in all their possible communities. Exploring the concept and theme of "Between/Beyond Colors: Outsiders Within Latina/o Communities" elucidates both the challenges and the possibilities the young LatCrit movement presents for Latinas.
From its inception, LatCrit has broadened and sought to reconstruct the race discourse beyond the normalized binary black/white paradigm -- an underinclusive model that effects the erasure of the Latina/o, Native, and Asian experiences as well as the realities of other racial and ethnic groups in …