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Full-Text Articles in Law
Racial Myopia In [Family] Law, Jessica Dixon Weaver
Racial Myopia In [Family] Law, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
Racial Myopia in [Family] Law presents a critique of Family Law for the One-Hundred-Year Life, an Article that claims that age myopia within family law fails older adults and prevents them from creating legal bonds with other adults outside the traditional marital model. This Response posits that racial myopia is a common yet complex phenomenon in almost every area of law, and it presents most often by centering whiteness as the default standard while failing to account for race and its impact on the law. Race—as well as the scholarship that incorporates race into normative family structure and identity—must be …
The Ties That Bind: What Pauli Murray Teaches Us About Race, Family, Slavery, And Inequality, Jessica Dixon Weaver
The Ties That Bind: What Pauli Murray Teaches Us About Race, Family, Slavery, And Inequality, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
Pauli Murray is an unsung American hero. The modern-day understanding of equality and the legal arguments used to obtain it for various groups including African Americans, women, and the LGBTQ community were the brainchild of Pauli Murray. This essay illustrates how Dr. Murray’s family history is emblematic of the struggle for racial justice and equality in America. The pain and tenacity of her ancestors shaped her destiny and spurred her activism. Her family experiences illuminate the many ways that the foothold of structural racism began with placing insurmountable legal barriers between Black men, women, and children as a family unit. …
Miranda'S Truth: The Importance Of Adversarial Testing And Dignity In Confession Law, Meghan J. Ryan
Miranda'S Truth: The Importance Of Adversarial Testing And Dignity In Confession Law, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The landmark decision of Miranda v. Arizona focuses on the important values of adversarial testing and human dignity. These values can be found among a constellation of values ordinarily aligned with constitutional criminal procedure cases like Miranda. The constellation also includes values such as truth-finding and equality. With the regularization of DNA analysis and the realization that a large number of innocent people have been convicted, however, there has been a recent fixation on truth-finding. Other values have been overshadowed. The myopic pursuit of truth-finding may be somewhat misguided, as certainty of truth is generally impossible. This is recognized by …
Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman
Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
This piece reevaluates the passage and implementation of the Family and Medical Leave Act (FMLA) against the egalitarian ideal described by the Supreme Court in its recent decision in Nevada Department of Human Resources v. Hibbs. The Court in Hibbs upheld the FMLA against an Eleventh Amendment challenge, concluding that Congress enacted the law as a congruent and proportional remedy to the longstanding history of state-sponsored discrimination against working women. According to the Court, Congress enacted the FMLA to remedy a longstanding history of discrimination against working women by forcing employers to offer caretaking leave on gender-neutral terms. At least …