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Full-Text Articles in Law

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström Oct 2015

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström

Leila Brännström

This article investigates the historical development and transformation of Swedish integration policy, including its predecessor immigrant policy, as a “biopolitics of the population”. “Biopolitics of the population” refers in this article to all governmental interventions targeting the population, or parts of it, with a view to producing a collective body of a particular quality and identity. Swedish integration policy is thus analyzed in order to answer questions such as: how has the population been embodied over time? How has the Swedish grammar of multiplicity and fragmentation changed? Which groups within the population have been considered to be in need of …


Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Mourer Dec 2014

Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Mourer

Sarah Mourer

This article examines the prosecutor’s and defense attorney’s personal pre-trial beliefs regarding the accused’s guilt or innocence. This analysis suggests that when an attorney does hold pretrial beliefs, such beliefs lead to avoidable bias and errors. These biases may alter the findings throughout all stages of the case. The procedure asking that the prosecution seek justice while having nothing more than probable cause results in the prosecutor’s need to have a belief in guilt before proceeding to trial. While this belief is intended to foster integrity and fairness in the criminal justice system, to the contrary, it actually contributes to …


Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross Nov 2013

Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross

Bertrall L Ross

Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty years. A Supreme Court once suspicious of the democratic losses of discrete and insular minorities, now closely scrutinizes their democratic victories. A Court once active in structuring the democratic process to be inclusive of racial and other minorities, now views minority representation in the political process as essentially irrelevant. A Court once deferential to exercises of congressional power that enhanced the equal protection rights of minorities, now gives Congress much less leeway.

What explains these shifts? An easy explanation is that the Supreme Court …


Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu Aug 2012

Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu

Jamin Raskin

No abstract provided.


Critical Theories Of Race And Racism In World Perspective, Angela P. Harris Dec 2011

Critical Theories Of Race And Racism In World Perspective, Angela P. Harris

Angela P Harris

This introduction to an edited collection on race and equality to be published by Ashgate Press surveys antidiscrimination law in a number of countries from a critical race theory perspective.


Rotten Social Background And The Temper Of The Times, Angela P. Harris Dec 2011

Rotten Social Background And The Temper Of The Times, Angela P. Harris

Angela P Harris

This essay was submitted to the Alabama Civil Rights and Civil Liberties Law review as part of a symposium on Richard Delgado's essay on "Rotten Social Background." Its publication has been delayed by the destruction caused by the Tuscaloosa/Birmingham tornado in the spring of 2011.


Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo Dec 2011

Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo

Nick J. Sciullo

Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …


Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris Aug 2011

Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris

Angela P Harris

No abstract provided.


Compassion And Critique, Angela Harris Dec 2010

Compassion And Critique, Angela Harris

Angela P Harris

This piece will appear in a symposium organized by Anthony Paul Farley on Marxism and race, in the Columbia Journal of Race and Law.


Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver Dec 2010

Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.


Teaching The Tensions, Angela P. Harris Dec 2009

Teaching The Tensions, Angela P. Harris

Angela P Harris

No abstract provided.


Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo Dec 2005

Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo

Nick J. Sciullo

By actively endorsing remedies that favor a city-suburb divide, the Supreme Court has failed to allow regional development. The Supreme Court's federalism jurisprudence is unresponsive to the myriad issues pervading society. Ultimately, individuals must take action, through a process formulated in this article, to change the way in which governments and the courts respond to the needs of populations.

A battery of cases including Brown v. Board of Education and its progeny, Missouri v. Jenkins and Milliken v. Bradley, reached the Supreme Court during the tumultuous 1950s, 1960s, and 1970s. A vast array of environmental laws and housing regulations also …


Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit Dec 2001

Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.


Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris Dec 1999

Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris

Angela P Harris

No abstract provided.


Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza Dec 1996

Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza

Angela P Harris

No abstract provided.


Foreword: The Jurisprudence Of Reconstruction, Angela Harris Dec 1993

Foreword: The Jurisprudence Of Reconstruction, Angela Harris

Angela P Harris

No abstract provided.


On Doing The Right Thing: Education Work In The Academy, Angela P. Harris Dec 1990

On Doing The Right Thing: Education Work In The Academy, Angela P. Harris

Angela P Harris

No abstract provided.