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Articles 1711 - 1740 of 1748
Full-Text Articles in Entire DC Network
Battered Women: A Perspective On Injustice, Michael Dowd
Battered Women: A Perspective On Injustice, Michael Dowd
Cardozo Journal of Equal Rights & Social Justice
The article examines the historical and legal challenges faced by battered women, particularly in the context of self-defense claims. It traces the roots of spousal abuse to early social and religious norms that subjugated women, leading to a legacy of systemic injustice. The traditional self-defense doctrine, based on an assumption of equal physical confrontation, often fails to protect battered women, forcing them to rely on mental disease defenses. Expert testimony on battered woman syndrome has gained recognition, aiding some women who kill their abusers, but its impact varies. The article critiques the legal system's inadequate support for battered women, emphasizing …
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Faculty Publications
No abstract provided.
Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell
Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell
University of the District of Columbia Law Review
No abstract provided.
Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.
Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.
Florida State University Law Review
No abstract provided.
Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Florida State University Law Review
No abstract provided.
Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission
Florida State University Law Review
No abstract provided.
Two Legal Constructs Of Motherhood: "Protective" Legislation In Mexico And The United States, Antoinette M. Sedillo Lopez
Two Legal Constructs Of Motherhood: "Protective" Legislation In Mexico And The United States, Antoinette M. Sedillo Lopez
Faculty Scholarship
The theme of this symposium, "Reconstructing Motherhood," requires an examination of laws designed to further traditional motherhood roles. Societal constructs of motherhood-women as child bearers and nurturers-have profoundly affected women's involvement in paid employment. Conversely, women's participation in paid employment affects how women experience motherhood. For example, a woman who does not work outside the home has a dramatically different mothering experience than a woman who works outside the home and leaves her children with a day-care provider. The legal system can affect the relationship between motherhood and employment opportunities for women by means of employment laws and policies. Sometimes …
Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory
Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory
St. Thomas Law Review
This comment will (i) demonstrate that black defendants as well as black victims in death penalty cases, are not equally protected under the Fourteenth Amendment of the Constitution and (ii) propose a solution to provide blacks equal protection, as contemplated by the framers of the United States Constitution, when they face execution. This comment is not intended to present the argument that a death row inmate should share the same equal protection with that of law abiding citizens. Rather, this comment stands for the proposition that as a group, all death row inmates should be equally protected regardless of race.
Race, Aggravated Murder, And The Death Sentence In Multnomah County, Oregon, 1984-1990 : A Descriptive Analysis And Review, Patrick Arthur Jolley
Race, Aggravated Murder, And The Death Sentence In Multnomah County, Oregon, 1984-1990 : A Descriptive Analysis And Review, Patrick Arthur Jolley
Dissertations and Theses
Criminal justice administrators in the United States have been challenged by a highly visible accusation of racial discrimination. This perception has weakened the confidence in, and support of, our judicial process. This study attempted to clarify this perception by examining the effect of race on certain judicial decisions related to the death penalty. The variables chosen for analysis focused on the persons involved in the homicide, the circumstances of the crime, and decisions made during the processing of capital cases.
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
An Asymmetrical Approach To The Problem Of Peremptories?, Richard D. Friedman
Articles
The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the institution of peremptory challenges. After a brief review of the history of peremptories, this article contends that peremptories for criminal defendants serve important values of our criminal justice system. It then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in light of the administrative complexities inevitable in a system of peremptories consistent with Batson. The article concludes that the asymmetry of allowing …
On Sanism, Michael L. Perlin
Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas
Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas
Faculty Scholarship
In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …
Abusive Prosecutors: Gender, Race & Class Discretion And The Prosecution Of Drug-Addicted Mothers, Dwight L. Greene
Abusive Prosecutors: Gender, Race & Class Discretion And The Prosecution Of Drug-Addicted Mothers, Dwight L. Greene
Buffalo Law Review
No abstract provided.
Social Transformation Theory, African Americans And The Rise Of Buffalo's Post-Industrial City, Henry Louis Taylor Jr.
Social Transformation Theory, African Americans And The Rise Of Buffalo's Post-Industrial City, Henry Louis Taylor Jr.
Buffalo Law Review
No abstract provided.
An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin Frsc, A. Wayne Mackay
An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin Frsc, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
Dalhousie Law School, like most other law schools, as a tribute to its graduates and as a manifestation of its traditions, adorns its walls with class photographs of years gone by. However, if one were to stop and scrutinize more carefully these pictures one might want to reconsider the tradition in a more circumspect light. Perhaps one might notice that until the nineteen sixties women were few and far between and that even now they still make up less than half of most graduating classes. More conspicuous still, is the general absence of First Nations peoples from the celebratory pageant. …
Pure Politics, Girardeau A. Spann
Pure Politics, Girardeau A. Spann
Michigan Law Review
Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …
Pure Politics, Girardeau A. Spann
Pure Politics, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The present Supreme Court has been noticeably unreceptive to legal claims asserted by racial minorities. Although it is always possible to articulate nonracial motives for the Court's civil rights decisions, the popular perception is that a politically conservative majority wishing to cut back on the protection minority interests receive at majority expense now dominates the Supreme Court. In reviewing the work of the Court during its 1988 Term, The United States Law Week reported that "[a] series of civil rights decisions by a conservative majority of the U.S. Supreme Court making it easier to challenge affirmative action programs and more …
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Michigan Law Review
The threat of hate groups like the Ku Klux Klan and the neo-Nazi skinheads goes beyond their repeated acts of illegal violence. Their presence and the active dissemination of racist propaganda means that citizens are denied personal security and liberty as they go about their daily lives. Professor Richard Delgado recognized the harm of racist speech in his breakthrough article, Words That Wound, in which he suggested a tort remedy for injury from racist words. This Article takes inspiration from Professor Delgado's position, and makes the further suggestion that formal criminal and administrative sanction - public as opposed to private …
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
North Carolina Central Law Review
No abstract provided.
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
Michigan Law Review
A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust
Conference Program
Group Defamation & Freedom of Speech: The Relationship Between Language and Violence (1988)
No abstract provided.
The Admissibility Of Expert Testimony On Interracial Conflict In New York State Self-Defense Cases, Jay Lippman
The Admissibility Of Expert Testimony On Interracial Conflict In New York State Self-Defense Cases, Jay Lippman
In the Public Interest
No abstract provided.
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Michigan Law Review
This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …
Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi
Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi
Publications
No abstract provided.
Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz
Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz
Michigan Journal of International Law
Part I of this note briefly describes the effect of apartheid on human rights in South Africa. It then examines how liberal South African attorneys use procedural due process, as defined by the rule of law, to counter these effects. Part II discusses the methods used by foreign attorneys to support South African human rights lawyers. In particular, this section focuses on the activities of the International Commission of Jurists and the Lawyers' Committee for Civil Rights Under Law. The note concludes that infusing fair process into the South African legal order is the most significant contribution foreign lawyers can …
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Constitutional Law And Civil Rights, Kingsley R. Browne
Constitutional Law And Civil Rights, Kingsley R. Browne
Law Faculty Research Publications
During the period covered by this survey, most of the constitutional law and civil rights cases considered by the Tenth Circuit Court of Appeals were discrimination actions brought under either section 1983 of the Civil Rights Act of 1871 or Title VII of the Civil Rights Act of 1964. Some of the other topics dealt with by the court were age discrimination, Indian rights, prisoners' rights, drug paraphernalia, ballot access, religious freedom, and the supremacy clause.
The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng
The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm
The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm
Michigan Law Review
A Review of Race, Racism and American Law by Derrick A. Bell, Jr.
Minority Preferences In Law School Admissions, Terrance Sandalow
Minority Preferences In Law School Admissions, Terrance Sandalow
Book Chapters
In addressing the subject of "reverse discrimination," I want to caution at the outset against permitting the use of the word "discrimination" to prejudice consideration of the subject. "Discrimination" has, in recent years, become a bad word. It tends to be used as a shorthand for "unjustifiably unequal treatment." In its original and still proper meaning, however, the word is quite neutral. Discrimination merely means differentiation. It comes from a Latin word that means "to distinguish." Accordingly, when we discriminate-i.e., when we differentiate or distinguish-among people, the propriety of our action depends upon the reasons that we have acted as …