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Articles 1 - 11 of 11

Full-Text Articles in Law

The Juvenile Rights Advocacy Project: Representing Girls In Context, Francine Sherman Sep 1999

The Juvenile Rights Advocacy Project: Representing Girls In Context, Francine Sherman

Francine T. Sherman

No abstract provided.


The Emerging Third Strand In Equal Protection Jurisprudence: Recognizing The Co-Constitutive Nature Of Rights And Classes, Julie Nice Dec 1998

The Emerging Third Strand In Equal Protection Jurisprudence: Recognizing The Co-Constitutive Nature Of Rights And Classes, Julie Nice

Julie A. Nice

This article posits the emergence of a third strand in Equal Protection jurisprudence, one that expands conventional two-strand Equal Protection analysis, which applies heightened scrutiny if a right is fundamental or a class is suspect by treating the interaction between rights and classes as mutually constitutive. This development Professor Nice closely examines a prominent trilogy of “outlier” Supreme Court decisions, Romer v. Evans, Plyler v. Doe, and M.L.B. v. S.L.J., and argues these decisions effectively endorsed a co-constitutive understanding to justify the invalidation of governmental discrimination. In each decision, the Court departed from its conventional focus on a fundamental right …


Law In The School-Linked Services Model: Problems And Possibilities, Francine Sherman Dec 1998

Law In The School-Linked Services Model: Problems And Possibilities, Francine Sherman

Francine T. Sherman

No abstract provided.


The Role Of Context In The Representation Of Children, Francine Sherman Dec 1998

The Role Of Context In The Representation Of Children, Francine Sherman

Francine T. Sherman

No abstract provided.


Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson Dec 1998

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson Dec 1998

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim Dec 1998

Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim

Janine Kim

In recent years, Asian Americans have increasingly laid claim to a place in civil rights history. One strategy of this movement has been to renounce the black/white paradigm as a biracial model of race relations that no longer accurately describes contemporary America. In this essay, I suggest that the black/white paradigm is more compelling than commonly assumed, and explore six dimensions of the paradigm that speak to its contemporary relevance to the Asian American civil rights agenda.


Racial Discrimination In ‘Everyday’ Commercial Transactions: What Do We Know, What Do We Need To Know, And How Can We Find Out?, Peter Siegelman Dec 1998

Racial Discrimination In ‘Everyday’ Commercial Transactions: What Do We Know, What Do We Need To Know, And How Can We Find Out?, Peter Siegelman

Peter Siegelman

No abstract provided.


The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton Dec 1998

The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton

Vincent D. Rougeau

Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. In particular, there has been notable progress toward the …


Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit Dec 1998

Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit

Nancy Levit

The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex. While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …


Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel Dec 1998

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.