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Full-Text Articles in Law
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
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The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
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The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …