Social and Behavioral Sciences Commons^™

Liability Rules For Constitutional Rights: The Case Of Mass Detentions, Eugene Kontorovich

ExpressO

Constitutional law assumes that rights should always be protected by property rules – that is, the government can only take them with the individual’s consent. This Article extends to constitutional law the insights of Calabresi and Melamed’s famous article on property and liability rules. Whether rights should be protected by property rules or liability rules depends on the transaction costs of negotiating a transfer of rights. As transaction costs rise, liability rules become more attractive.

This Article shows that liability rules can have an important role in constitutional law. Using mass detentions in national security emergencies as a case study, …

Affirmative Action: More Efficient Than Color Blindness, Abraham Lee Wickelgren

ExpressO

One of the most compelling reasons against affirmative action is the principle of color blindness, that is, the idea that race is an irrelevant characteristic that should not affect higher education admissions or hiring decisions. Despite its intuitive appeal, this paper shows that adherence to this principle impedes economic efficiency when there has been past discrimination based on color. Past discrimination creates inefficiencies in the economy that persist across generations. Because of this persistence, race is not an irrelevant characteristic for firms and universities looking to hire or admit the best candidates. Affirmative action, not color-blindness, is necessary to reduce …

Group Therapy For Incarcerated Women Who Experienced Interpersonal Violence: A Pilot Study, Rebekah G. Bradley, Diane R. Follingstad

CRVAW Faculty Journal Articles

This study evaluated effectiveness of group therapy for incarcerated women with histories of childhood sexual and/or physical abuse. The intervention was based on a two-stage model of trauma treatment and included Dialectical Behavior Therapy skills and writing assignments. We randomly assigned 24 participants to group treatment (13 completed) and 25 to a no-contact comparison condition (18 completed). We evaluated treatment effects, using the Beck Depression Inventory, Inventory of Interpersonal Problems, and Trauma Symptom Inventory. The data demonstrate significant reductions in PTSD, mood, and interpersonal symptoms in the treatment group.

“Black People’S Money”: The Impact Of Law, Economics, And Culture In The Context Of Race On Damage Recoveries, Regina Austin

All Faculty Scholarship

“’Black People’s Money’: The Impact of Law, Economics, and Culture in the Context of Race on Damage Recoveries” is one of a series of articles by the author dealing with black economic marginalization; prior work considered such topics as shopping and selling as forms of deviance, street vending, restraints on leisure, and the importance of informality in loan transactions. This article deals with the linkage between the social significance of black people’s money and its material value. It analyzes the construction of “black money,” its association with cash, and the taboos and cultural practices that assure that black money will …

The Color Of Crime: The Case Against Race-Based Suspect Descriptions, Bela August Walker

Bela August Walker

Law enforcement in the United States relies on racial identifiers as a crucial part of suspect descriptions. Unlike racial profiling, this practice is regarded as both an essential tool for law enforcement and as an unproblematic use of race. However, given the racial history of the United States, such descriptors, particularly “Black,” have developed in such a way to create an extremely large and unreliable category. Due to these factors, the use of race as a physical descriptor in suspect decisions is both discriminatory and inefficient. Employing race as an identifying characteristic allows law enforcement officers broad discretionary powers that …

University Of North Florida Journal: Desmond Tutu, In His Own Words. Spring, 2003, Office Of Institutional Advancement University Of North Florida, Office Of University Relations University Of North Florida

UNF Journal

A look at Archbishop Tutu's wisdom and message of peace and education.

Speech: Nelson Mandela's Legacy For Religious Freedom And Future, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Archbishop Tutu's handwritten speech on Nelson Mandela's legacy and religious freedom.

Writings: St Johns River Colloquium At The Request Of Dr. Norm Will, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Delivered by Dr. Edna Saffy at the St. Johns River Colloquium at the request of Dr. Norm Will, President the South Campus of Florida Community College on February 12, 2003.

Speech: You Can Make A Difference - Marquette University, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu at Marquette University. ( 9 typewritten pages with handwritten notes throughout paper and on the back of page nine.)

Class Lecture: The Truth And Reconciliation Commission (Trc), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A class lecture given by Archbishop Tutu at the University of North Florida on January 30, 2003.

The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.

Science, Identity, And The Construction Of The Gay Political Narrative, Nancy J. Knauer

Nancy J. Knauer

This Article contends that the current debate over gay civil rights is, at base, a dispute over the nature of same-sex desire. Pro-gay forces advocate an ethnic or identity model of homosexuality based on the conviction that sexual orientation is an immutable, unchosen, and benign characteristic. The assertion that, in essence, gays are "born that way," has produced a gay political narrative that rests on claims of shared identity (i.e., homosexuals are a blameless minority) and arguments of equivalence (i.e., as a blameless minority, homosexuals deserve equal treatment and protection against discrimination). The pro-family counter-narrative is based on a behavioral …

Speech: At The Crossroads - You Can Make A Difference (Version 2), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu for the 5th Avenue Presbyterian Church Capital Grand Campaign. (5 typewritten pages)

Brief Notes, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Handwritten notes on Plaza Hotel stationary. Stationary is printed with " Emeritus Desmond Tutu IN RESIDENCE".

Speech: No Future Without Forgiveness, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville.

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Infected Judgment: Legal Responses To Physician Bias, Mary Crossley

Articles

Substantial evidence indicates that clinically irrelevant patient characteristics, including race and gender, may at times influence a physician's choice of treatment. Less clear, however, is whether a patient who is the victim of a biased medical decision has any effective legal recourse. Heedful of the difficulties of designing research to establish conclusively the role of physician bias, this article surveys published evidence suggesting the operation of physician bias in clinical decision making. The article then examines potential legal responses to biased medical judgments. A patient who is the subject of a biased decision may sue her doctor for violating his …

Speech: No Future Without Forgiveness (Version 2), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville. (8 typewritten pages)

Class Lecture: Antecedents To The Trc, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A class lecture given by Archbishop Tutu at the University of North Florida.

Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.

Articles

The conventional model of criminal trials holds that the prosecution is required to prove every element of the offense beyond the jury's reasonable doubt. The American criminal justice system is premised on the right of the accused to have all facts relevant to his guilt or innocence decided by a jury of his peers. The role of the judge is seen as limited to deciding issues of law and facilitating the jury's fact-finding. Despite these principles,judges are reluctant to submit to the jury elements of the offense that the judge perceives to be . routine, uncontroversial or uncontested.

One such …

Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett

All Faculty Scholarship

This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family …

Immigration And The Workplace: Immigration Restrictions As Employment Discrimination, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Child Welfare And Civil Rights, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Speech: At The Crossroads - You Can Make A Difference, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu for the 5th Avenue Presbyterian Church Capital Grand Campaign. Handwritten and typed versions.

Critical Praxis, Spirit Healing And Community Activism: Preserving A Subversive Dialogue On Reparations, Christian Sundquist

Articles

African-American reparations have the potential to deconstruct racial privilege, promote racial reconciliation, and heal the psychic injuries of the African-American community. However, many models of reparations have given up on the promise of reparations in exchange for the slim possibility of short-term progress.

A subversive dialogue on African-American reparations, however, will inevitably critique equal opportunity, individualism, and white innocence and privilege. Embraced by the majority, and internalized by the African-American community, the principles of individualism, equal opportunity, and meritocracy reinforce white innocence and privilege to the extent that future, current and past inequality are cast as the natural and inevitable …

Reasonable Accommodation As Part And Parcel Of The Antidiscrimination Project, Mary Crossley

Articles

Numerous commentators have characterized the ADA's reasonable accommodation mandate - which sometimes requires employers to take affirmative steps that treat an individual with a disability differently from other workers - as a departure from the fundamental precepts of antidiscrimination law. These characterizations, however, fail to appreciate either the insights offered by disability theorists regarding the sources of inequality experienced by people with disabilities or the intrinsic conceptual kinship between the ADA's accommodation requirement and disparate impact liability and hostile environment liability under Title VII. Disability theory scholarship affirms that society's historic disregard for and devaluation of people with disabilities has …

African-Americans Within The Context Of International Oppression, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

African American Student Athletes' Perceptions Of Career Transition In Sport: A Qualitative And Visual Elicitation, Keith Harrison

Dr. C. Keith Harrison

This study focuses on 26 African American athletes and explores their perceptions of athletic career transition. Participants consisted of student athletes from a United States National Collegiate Athletic Association (NCAA) Division IIA institution in the Southeastern region. Participants completed the Life After Sports Scale (LASS), a 58-item inventory utilized to qualitatively and quantitatively examine seven different domains which influence perceptions of the career transition process. The scope of this inquiry examines the qualitative domain of the LASS in which participants were visually primed with a narrative description of a student athlete that has made transition out of sport successfully. Five …