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Articles 1 - 12 of 12
Full-Text Articles in Law
The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff
The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff
William & Mary Journal of Race, Gender, and Social Justice
As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …
The Demise Of Housing First Policy: The New Missouri Policy That Criminalizes Homelessness, Kaitlyn Frerking
The Demise Of Housing First Policy: The New Missouri Policy That Criminalizes Homelessness, Kaitlyn Frerking
William & Mary Journal of Race, Gender, and Social Justice
This Note examines the potential negative complications of Missouri H.B. 1606. The Note also explores possible avenues for relief through litigation or policy reform. H.B. 1606 is a Missouri state bill that altered the State’s policy towards decreasing the rate of homelessness in the State of Missouri. Prior to H.B. 1606, Missouri’s homelessness policy resembled a “Housing First” approach where emphasis was placed on providing affordable permanent housing to those without homes. With the passage of H.B. 1606, the policy turned towards supporting short-term housing initiatives and abandoned the “Housing First” approach. H.B. 1606 also contains a provision that makes …
Death After Dobbs: Addressing The Viability Of Capital Punishment For Abortion, Melanie Kalmanson
Death After Dobbs: Addressing The Viability Of Capital Punishment For Abortion, Melanie Kalmanson
William & Mary Journal of Race, Gender, and Social Justice
Pre-Dobbs legislative efforts and states’ reactions in the immediate aftermath of Dobbs indicate the post-Dobbs reality that deeply conservative states will seek to criminalize abortion and impose extremely harsh sentences for such crimes, up to and including death. This Article addresses that reality. Initially, this Article illustrates that abortion and capital punishment are like opposite sides of the same coin, and it is a handful of states leading the counter majoritarian efforts on both topics. After outlining the position of each state in the nation that retains capital punishment on capital sentencing and abortion, the Article identifies the …
Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker
Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker
William & Mary Journal of Race, Gender, and Social Justice
On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence statutes are gender-neutral on their face, their implementations disparately impact same-sex couples. Furthermore, domestic violence statutes that include same-sex couples punish same-sex couples more harshly than opposite-sex couples. This Note will examine the domestic violence law in Virginia, arguing that the laws are too vague to properly protect same-sex couples and …
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa
Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa
William & Mary Journal of Race, Gender, and Social Justice
Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …
Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak
Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak
William & Mary Journal of Race, Gender, and Social Justice
There are roughly five million victims of sex trafficking in the United States. Over the course of a decade, over 3,500 instances of human trafficking involved a hotel or motel. Traffickers are relying on unaware lodging establishment employees, as well as complicit employees and managers, to successfully carry out their crimes. Despite the vital role the lodging industry plays in human trafficking, only seven states have implemented mandatory training for hotel and motel employees. This Note posits that the implementation of mandatory training and education programs for employees of lodging establishments could increase awareness and responsiveness to human trafficking, thus …
When Legal Incapacity Becomes A Lack Of Personhood: Why A Ward's Ability To Sue In Their Own Name Should Be A Fundamental Aspect Of Virginia Guardianship, Rachel Davis
William & Mary Journal of Race, Gender, and Social Justice
It is a fundamental failing of any legal system when it is unable to protect the most vulnerable within its population. Whether we are comfortable admitting it or not, guardian abuse of incapacitated wards has been well-documented across all fifty states. Virginia is no exception, and this lack of oversight leaves one of our most vulnerable populations without recourse. This Note argues that by simply granting a ward the ability to bring suit in their own name, Virginia may strike a significant blow to the dysfunction that systematically infects the guardianship process. This Note highlights Virginia statute and case law …
#Blacklivesmatter: From Protest To Policy, Jamillah Bowman Williams, Naomi Mezey, Lisa Singh
#Blacklivesmatter: From Protest To Policy, Jamillah Bowman Williams, Naomi Mezey, Lisa Singh
William & Mary Journal of Race, Gender, and Social Justice
We find that the protests of 2020 did indeed begin a paradigm shift in the social awareness of racialized police violence, and this important and significant social change has in turn already inspired political change and some degree of legal and policy change. However, the movement remains in a precarious position and it is uncertain how enduring these changes will be. While many state legislators and local officials have responded to the protests with policy reforms, policy action at the federal level is mostly stalled. In addition, it is unclear whether the state and local policy changes will lead to …
The Forgotten Victims Of Missing White Woman Syndrome: An Examination Of Legal Measures That Contribute To The Lack Of Search And Recovery Of Missing Black Girls And Women, Jada L. Moss
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Tenant-Victims, Abusers, And No Way To Escape: The Need For An Amendment To The Florida Residential Landlord And Tenant Act, Adam Bent
William & Mary Journal of Race, Gender, and Social Justice
Under the Florida Residential Landlord and Tenant Act, there is no right to early lease termination for tenants who must move to escape domestic, stalking, sexual, or dating violence. Florida’s failure to grant a right to early lease termination compounds the physical and psychological harm that victims face; abusers often live with the victim or know where the victim lives. In turn, abusers can return to the victim’s home and harm the victim; often, this results in serious physical harm or death. This Article explains why existing criminal and civil law does not adequately protect victims from their abusers. The …
“Meaningful Access” Demands Meaningful Efforts: The Need For Greater Access To Virginia State Courts For Limited English Proficient Litigants, Carolyn Harlamert
“Meaningful Access” Demands Meaningful Efforts: The Need For Greater Access To Virginia State Courts For Limited English Proficient Litigants, Carolyn Harlamert
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan
Protecting The Imperfect Victim: Expanding “Safe Harbors” To Adult Victims Of Sex Trafficking, Christine Anchan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.