Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- American (1)
- Assimilation (1)
- Bad faith (1)
- Capital cases (1)
- Capital sentencing (1)
-
- Composition of juries (1)
- Constitutional values (1)
- Cultural ideology (1)
- Death penalty (1)
- Discretionary system (1)
- Diversity (1)
- Due process clause (1)
- Equal protection (1)
- Fairness (1)
- Individual right (1)
- Intergroup difference (1)
- Juries (1)
- Liberal ideals (1)
- Racism (1)
- Reinstatement of death penalty (1)
- Remedial paralysis (1)
- Remedies (1)
- Social world (1)
- Society (1)
- White ethnic (1)
- Publication
Articles 1 - 6 of 6
Full-Text Articles in Other Law
Predicting When The Uniform Law Process Will Fall: Article 9, Capture And The Race To The Bottom, Edward J. Janger
Predicting When The Uniform Law Process Will Fall: Article 9, Capture And The Race To The Bottom, Edward J. Janger
Faculty Scholarship
No abstract provided.
Harmonizing The Law Governing Secured Credit: The Next Frontier, Neil B. Cohen
Harmonizing The Law Governing Secured Credit: The Next Frontier, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Faculty Scholarship
No abstract provided.
Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse
Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse
Scholarly Works
This article chronicles the Burger Court's inability to fashion a suitable remedy for racism in the discretionary system of capital sentencing. The article discusses the Court's initial response, “remedial paralysis,” which is evident, not only in McGautha v. California, where the Court refused to find that the Due Process Clause was violated by standardless death sentencing, but also in Furman v. Georgia, where the Court decided to abolish the death penalty. The article further explores the Court's reinstatement of the death penalty, and two of the Court's forays into “bad faith” denial that sustained the death penalty, particularly the Court's …
Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos
Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos
Scholarly Works
This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …