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Articles 1 - 9 of 9
Full-Text Articles in Law
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
Angela Onwuachi-Willig
No abstract provided.
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
Nancy Dowd
Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …
Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd
Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd
Nancy Dowd
This article critiques the Supreme Court's negative, stereotypic views of fatherhood, especially unmarried fatherhood, and argues that the Court should reconsider and refine its definition of fatherhood around nurture. The corrective for the Court's current view is not to revert to a status-based definition of fatherhood, but rather to reinforce and recast its prior fathers' rights decisions to establish a definition grounded on relationship and care. What should be discarded are outdated stereotypes about men as incapable, incompetent caregivers, as well as patriarchal norms of status and ownership based in genetic and economic fatherhood recognized exclusively within marriage. Instead, fatherhood …
U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek
U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek
Alev Dudek
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Disqualifiying Universality Under The Americans With Disabilities Act Amendments Act, Michelle Travis
Michelle A. Travis
This Article reveals a new resistance strategy to disability rights in the workplace. The initial backlash against the Americans with Disabilities Act of 1990 (ADA) targeted protected class status by characterizing the ADA's accommodation mandate as special treatment that benefitted the disabled at the expense of the nondisabled workforce. As a result, federal courts treated the ADA as a welfare statute rather than a civil rights law, which resulted in the Supreme Court dramatically narrowing the definition of disability. Congress responded with sweeping amendments in 2008 to expand the class of individuals with disabilities who are entitled to accommodations and …
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
Douglas M. Spencer
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the …
Intertwining Of Poverty, Gender, And Race: A Critical Analysis Of Welfare News Coverage From 1993-2000, Deseriee A. Kennedy
Intertwining Of Poverty, Gender, And Race: A Critical Analysis Of Welfare News Coverage From 1993-2000, Deseriee A. Kennedy
Deseriee A. Kennedy
Over the years, welfare has become highly intertwined with ideological beliefs involving gender, race, and poverty. As the nature of welfare transformed to include non-white recipients, the perception of welfare recipients as single "worthy white widows" was replaced by the "lazy African-American breeders." This study examined how television news may have appropriated this negative image in its coverage of the changes in the U.S. welfare system that took place during the 1990s. News stories presented by the major U.S. television networks from 1993 to 2000 were examined. The analysis showed that news stories tended to depict the typical welfare recipient …
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
Christopher S. Elmendorf
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the …
Deceptive Appearances: Judges, Cognitive Bias, And Dress Codes, Marybeth Herald
Deceptive Appearances: Judges, Cognitive Bias, And Dress Codes, Marybeth Herald
Marybeth Herald
Although it is no longer legal to deny women the right to work simply because they are women, an employer can still require women conform to gender-based appearance norms in order to keep their jobs. In some industries, lipstick, foundation, mascara, and blush remain essential components of a woman's professional uniform. In these industries, men are spared the obligation of cosmetic upkeep, because only women must don face-paint to appear comfortably recognizable to customers.
Why this differential dress-code is not considered discrimination on the basis of sex under Title VII is the mystery. The textual force of anti-discrimination law would …