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Full-Text Articles in Law

Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs Dec 2009

Poisoning The Well: Law & Economics And Racial Inequality, Robert Suggs

Robert E. Suggs

The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarf disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …


Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs Dec 2009

Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs

Robert E. Suggs

This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …


Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks Nov 2009

Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks

Taunya Lovell Banks

In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all of which used …


Recent Decisions, Phoebe A. Haddon Aug 2009

Recent Decisions, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Remedies And Damages For Violation Of Constitutional Rights, Frank Mcclellan, Phoebe Haddon Jul 2009

Remedies And Damages For Violation Of Constitutional Rights, Frank Mcclellan, Phoebe Haddon

Phoebe A. Haddon

No abstract provided.


Should Race Matter When Rectifying Past Errors?, Alan E. Garfield Jul 2009

Should Race Matter When Rectifying Past Errors?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks Jun 2009

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks

Taunya Lovell Banks

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …


Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks Feb 2009

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks

Taunya Lovell Banks

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …


The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman Dec 2008

The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman

Robert L. Hayman

No abstract provided.


Choosing Equality: Essays And Narratives On The Desegregation Experience, Robert Hayman, Leland Ware Dec 2008

Choosing Equality: Essays And Narratives On The Desegregation Experience, Robert Hayman, Leland Ware

Robert L. Hayman

No abstract provided.


Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros Dec 2008

Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros

Maria L. Ontiveros

(This paper is a working draft, which will be published in final form by the University of Chicago Legal Forum, Vol. 2009.)

The article examines international and domestic legal challenges filed by traditional labor unions, in coalition with others, against the government of the Unites States of America. The article argues that these lawsuits can help protect the civil rights of low-wage workers by creating a coherent legal theory defending the civil rights of low-wage workers and by creating an identifiable change agent to work on that defense. The lawsuits include those challenging governmental action with respect to immigrant workers, …


Introduction, Robert Hayman, Leland Ware Dec 2008

Introduction, Robert Hayman, Leland Ware

Robert L. Hayman

No abstract provided.