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Full-Text Articles in Legal History
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart
Michigan Journal of Race and Law
The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern …
Racial Purges, Robert L. Tsai
Racial Purges, Robert L. Tsai
Michigan Law Review
Review of Beth Lew-Williams' The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America.
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
Seattle Journal for Social Justice
No abstract provided.
The Outcome Of Influence: Hitler’S American Model And Transnational Legal History, Mary L. Dudziak
The Outcome Of Influence: Hitler’S American Model And Transnational Legal History, Mary L. Dudziak
Michigan Law Review
Review of James Q. Whitman's Hitler's American Model: The United States and the Making of Nazi Race Law.
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Indiana Journal of Global Legal Studies
This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …
Reassessing American Democracy: The Enduring Challenge Of Racial Exclusion, Johanna Kalb, Didi Kuo
Reassessing American Democracy: The Enduring Challenge Of Racial Exclusion, Johanna Kalb, Didi Kuo
Michigan Law Review Online
American democracy is in trouble. Since the 2016 election, a sizable literature has developed that focuses on diagnosing and assessing the state of American democracy, most of which concludes that our system of government is in decline.[2] These authors point to the rise in party polarization, the increasingly bipartisan abandonment of the norms of the democratic process, the rise of populism, the degradation of the public sphere, and the proliferation of gerrymandered districts and voting restrictions to illustrate the breakdown. And while attributing varying levels of significance to these factors, a common theme is that American democracy, once stable, is …
The Keyes To Reclaiming The Racial History Of The Roberts Court, Tom I. Romero, Ii
The Keyes To Reclaiming The Racial History Of The Roberts Court, Tom I. Romero, Ii
Michigan Journal of Race and Law
This Article advocates for a fundamental re-understanding about the way that the history of race is understood by the current Supreme Court. Represented by the racial rights opinions of Justice John Roberts that celebrate racial progress, the Supreme Court has equivocated and rendered obsolete the historical experiences of people of color in the United States. This jurisprudence has in turn reified the notion of color-blindness, consigning racial discrimination to a distant and discredited past that has little bearing to how race and inequality is experienced today. The racial history of the Roberts Court is centrally informed by the context and …
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
Michigan Law Review
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …
Racial Templates, Richard Delgado, Juan F. Perea
Racial Templates, Richard Delgado, Juan F. Perea
Michigan Law Review
This riveting tale of greed, international skullduggery, and behind-the-scenes heroism recounts the events that led up to America’s “wicked war” with Mexico. It depicts how expansionist ambitions in high circles fueled jingoistic propaganda (pp. 25, 34–35, 58), fed a public eager for national muscle flexing (pp. 57, 103, 108), and set the stage for a military skirmish in a disputed region between two rivers (pp. 75–77, 95, 100, 138) that provided the pretext for a savage and short-lived military campaign against the weak new nation of Mexico in which the U.S. Army, under General Scott, marched all the way to …
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Michigan Journal of Race and Law
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Michigan Law Review
Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Michigan Journal of Race and Law
Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as "enemy aliens" and subjected then to numerous restrictions, including arrest, internment, expulsion from certain areas, curfews, identification cards, loss of employment, and restrictions on travel and property. Four decades after the war, Congress decided to compensate persons of Japanese descent who had been "deprived of …
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
Michigan Journal of Race and Law
This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …
"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner
"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner
Michigan Law Review
Richard H. Pildes argued in an influential 2000 article that the U.S. Supreme Court's opinion in Giles v. Harris, which was written by Justice Oliver Wendell Holmes, was the "one decisive turning point" in the history of "American (anti)-democracy." In Giles, Holmes rejected on questionable grounds Jackson W. Giles's challenge to the new Alabama Constitution of 1901-a document which was designed to disfranchise and had the effect of disfranchising African Americans. The decision thus contributed significantly to the development of the all-white electorate in the South, and the concomitant marginalization of southern African Americans. According to Pildes, however, the …
Social Justice And The Law, Elaine R. Jones
Social Justice And The Law, Elaine R. Jones
University of Richmond Law Review
No abstract provided.
We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz
We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz
Michigan Journal of Race and Law
According to modern Supreme Court opinions, The Civil Rights Act of 1866 prohibits only "discrimination [against members of protected groups] solely because of their ancestry or ethnic characteristics." The Court refers to this type of discrimination as 'racial animus.' In the 1987 case Shaare Tefila Congregation v. CobbJews were recognized as a protected ethnic group under these statutes, but the Supreme Court also reaffirmed that The Civil Rights Act only prohibits 'ethnic' or 'ancestral' discrimination. The Act does not encompass religious discrimination. Yet, despite the Supreme Court's rulings, the district courts held that both Rabbi LeBlanc-Sternberg's and Mr. Singers' allegations …
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke
"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke
Michigan Journal of Gender & Law
This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
University of Michigan Journal of Law Reform
This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
University of Michigan Journal of Law Reform
Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …
Querying A Queer Spain Under Franco, Peter Kwan
Querying A Queer Spain Under Franco, Peter Kwan
University of Michigan Journal of Law Reform
There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Michigan Journal of Race and Law
This Article articulates a theory of Puerto Rican cultural nationhood that is largely based on ethnicity. In linking ethnicity and citizenship, it is imperative, however, to avoid the evils of ethnic strife and balkanization, while celebrating rather than imposing difference; community consciousness cannot degenerate into fascism.
Slavery And The Arkansas Supreme Court, L. Scott Stafford
Slavery And The Arkansas Supreme Court, L. Scott Stafford
University of Arkansas at Little Rock Law Review
No abstract provided.
In Sisterhood, Lisa C. Ikemoto
In Sisterhood, Lisa C. Ikemoto
Michigan Journal of Race and Law
A review of Where Is Your Body? by Mari Matsuda
History's Stories, Stephan Landsman
History's Stories, Stephan Landsman
Michigan Law Review
A Review of Stories of Scottsboro by James Goodman
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Michigan Law Review
A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Michigan Law Review
A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker
The Civil Rights Hydra, Neal Devins
The Civil Rights Hydra, Neal Devins
Michigan Law Review
A Review of The Civil Rights Era by Hugh Davis Graham
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
Michigan Law Review
A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet
Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson
Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson
Michigan Law Review
A Review of Discrimination, Jobs, and Politics: The Struggle for Equal Employment Opportunity in the United States since the New Deal by Paul Burstein