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Partiality, Julie Nice
Partiality, Julie Nice
Julie A. Nice
This essay is the introduction for a Symposium on Class in LatCrit: Theory and Praxis in a World of Economic Inequality. Professor Nice describes the symposium papers (by Kendal Broad, Lisa Sun-Hee Park, Athena Mutua, and Laura Padilla) as applying various critical tools to examine how scholars study poverty and especially how the construct of “the feminization of poverty” isolates gender while leaving out other experiences of race, immigration status, sexual orientation, parental status, age, ability, and class. While she argues that the feminization of poverty construct itself emerged as a critique of how gender had been ignored in the …
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 …