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Full-Text Articles in Law
Racial Exhaustion, Darren Lenard Hutchinson
Racial Exhaustion, Darren Lenard Hutchinson
UF Law Faculty Publications
Contemporary political and legal discourse on questions of race unveils a tremendous perceptual gap among persons of color and whites. Opinion polls consistently demonstrate that persons of color commonly view race and racial discrimination as important factors shaping their opportunities for economic and social advancement. Whites, on the other hand, often discount race as a pertinent factor in contemporary United States society. Consequently, polling data show that whites typically reject racial explanations for acute disparities in important socio-economic indicators, such as education, criminal justice, employment, wealth, and health care. Echoing this public sentiment, social movement actors, politicians, and the Supreme …
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Christine A. Klein
As a metaphor for the interaction of law and culture, a crystal-clear bottle of water is striking in its simplicity and purity. Bottled water has spawned a rich subculture of beverage drinkers, united by the truths and myths of bottled water that they embrace. More recently, an equally fertile subculture of bottled water protest has begun to coalesce. Notably, the cultural norms evidenced by supporters and detractors go far beyond mere hydration, touching upon such far-flung notions as health, taste, convenience, status, morality, truth-telling, and anti-privatization. In contrast, the legal narrative is surprisingly sparse, overlooking an important opportunity to engage …
"The Constitution Follows The Flag...But Doesn't Quite Catch Up With It": The Story Of Downes V. Bidwell, Pedro A. Malavet
"The Constitution Follows The Flag...But Doesn't Quite Catch Up With It": The Story Of Downes V. Bidwell, Pedro A. Malavet
UF Law Faculty Publications
Some may consider a 1901 case to be ancient history, but Downes v. Bidwell and its progeny still govern all of these regions. This chapter will explore the Insular Cases as a way to understand the role of race in articulating the relationship between American territorial expansion and American citizenship-between American empire and American democracy. The chapter begins by historicizing the Downes opinion. My aim here is threefold: (1) to provide a brief description of the effects of Spanish colonial rule on Puerto Rico; (2) to set forth the circumstances leading up to the Spanish American War; and (3) to …