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Full-Text Articles in Law

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak Jul 1997

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …


The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas Jan 1997

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Faculty Publications

No abstract provided.


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …


Spiritual And Menial Housework, Dorothy E. Roberts Jan 1997

Spiritual And Menial Housework, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


The End Of Busing?, Davison M. Douglas Jan 1997

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.


The Heart Of Equal Protection: Education And Race, Sharon E. Rush Jan 1997

The Heart Of Equal Protection: Education And Race, Sharon E. Rush

UF Law Faculty Publications

Brown vs. Board of Education established more than the unconstitutionality of the separate but equal doctrine in public education. Brown also gave the importance of education a constitutional dimension. Involuntary racial segregation creates a stigma wherever it exists which indisputably affects all children's self-esteem by possibly undermining that of children of color and by artificially inflating that of White children. Unfortunately, more recent cases that raise questions about the right to a public education seem less willing to acknowledge the importance of education and the importance of integration in public education. Since Brown, the Court has held repeatedly that …


Claiming Our Foremothers: The Legend Of Sally Hemings And The Tasks Of Black Feminist Theory, Stephanie L. Phillips Jan 1997

Claiming Our Foremothers: The Legend Of Sally Hemings And The Tasks Of Black Feminist Theory, Stephanie L. Phillips

Journal Articles

No abstract provided.


Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren L. Hutchinson Jan 1997

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren L. Hutchinson

Faculty Articles

The symbolic meaning of the phrase "tongues untied" has grown to identify a small, yet expanding, cultural, intellectual, and artistic "movement" aimed at revealing - or ending the silence around - the interactions of race, class, gender, and sexuality, what one participant in the movement described as "the transformation of silence into language and action." The work of this movement contrasts starkly with that of the "dominant" gay and lesbian culture and scholarship, where issues of racial and class subordination are neglected or rejected and where a universal gay and lesbian experience is assumed. The work of this movement highlights …


The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts Jan 1997

The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Unshackling Black Motherhood, Dorothy E. Roberts Jan 1997

Unshackling Black Motherhood, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin Jan 1997

Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin

All Faculty Scholarship

No abstract provided.


Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang Jan 1997

Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang

All Faculty Scholarship

No abstract provided.