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Articles 1 - 8 of 8
Full-Text Articles in Law
Torts And Personhood, Melissa Mortazavi
Torts And Personhood, Melissa Mortazavi
Arkansas Law Review
Perhaps more so than ever, legal personhood is contested. Part I of this Article lays out an overview of existing tort theories exposing the limitations of existing paradigms. This positions the reader to consider in Part II the core assertion of this paper: that a fundamental role of torts is to define personhood. As such, it explores the idea that a principal project that each tort case and litigant is engaged with is not truly about money, property, or even pain per se—it is about determining who is seen.
Hitting The Wall: The Next Step In Addressing The Pink Tax, Danielle A. Essary
Hitting The Wall: The Next Step In Addressing The Pink Tax, Danielle A. Essary
Arkansas Law Review
For thirty-some-odd years, scholars and consumer advocates have called for the elimination of gender-based price discrimination, also known as the “Pink Tax.” Efforts to address this issue have included studies demonstrating the phenomenon’s existence, social movements incited to garner public support for the cause, consumer attempts to bring the issue before courts in hopes of judicial intervention, and legislative undertakings at both the state and federal level to craft legislation prohibiting the practice. Yet, gender-based price discrimination has proven evasive of regulation, outside the scope of judicial reach, and difficult to isolate in terms of hard proof. Even agreeing on …
Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley
Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley
Arkansas Law Review
"If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem." - Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the “Untouchables." Most Hindus view Dalits as belonging to the lowest rung in the ancient system of social stratification that impacts individuals across the globe called the caste system. Your people have endured human rights abuses for centuries, but luckily, neither you nor a loved one have ever been the victim of one of …
Korematsu’S Ancestors, Mark A. Graber
Korematsu’S Ancestors, Mark A. Graber
Arkansas Law Review
Mark Killenbeck’s Korematsu v. United States has important affinities with Dred Scott v. Sandford. Both decisions by promoting and justifying white supremacy far beyond what was absolutely mandated by the constitutional text merit their uncontroversial inclusion in the anticanon of American constitutional law.3 Dred Scott held that former slaves and their descendants could not be citizens of the United States and that Congress could not ban slavery in American territories acquired after the Constitution was ratified.5 Korematsu held that the military could exclude all Japanese Americans from portions of the West Coast during World War II.6 Both decisions nevertheless provided …
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Arkansas Law Review
It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued the above-quoted clarion call to protect the lives of incarcerated people on May 14, 2020. At that point, the COVID-19 pandemic had brought American society to a standstill for a little more than two months, …
Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward
Arkansas Law Review
One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …
A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge
A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge
Arkansas Law Review
In 2015, the Supreme Court of the United States in Obergefell v. Hodges recognized the constitutional right of all persons, including same-sex couples, to lawfully marry. In 2017, in Pavan v. Smith, the Court recognized that Obergefell extends that right to much more than the act of marriage in itself. Any person who would have been denied the right to marry the person of her choice before Obergefell now enjoys not only the rights of marriage licensing and recognition, but also the full “constellation” of rights and responsibilities that attend marriage among traditional opposite-sex couples. The Court believed that this …
The Constitutional Rights Of Advanced Robots (And Of Human Beings), R. George Wright
The Constitutional Rights Of Advanced Robots (And Of Human Beings), R. George Wright
Arkansas Law Review
Constitutional rights create and destroy otherwise available options for the rights-bearer, for governments, and for affected third parties. Thus, conferring a constitutional right always requires at least some minimal defense. But conferring a constitutional right can certainly be appropriate if the recipient of the right seems to deserve or otherwise qualify for the right in question, or if conferring the right makes sense on other, perhaps partly pragmatic, grounds.