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Full-Text Articles in Law
'Truth And Reconciliation': A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, Angela Mae Kupenda, Tamara F. Lawson
'Truth And Reconciliation': A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, Angela Mae Kupenda, Tamara F. Lawson
Journal Articles
In this Article, the co-authors confront one of the next generation issues for underrepresented groups in legal education: what happens after tenure victories, especially for the victors in a war wrought with gender and racial inequities? Even if all is fair in love, war, and tenure battles, it remains most troubling when, even in this century, acts of racial and/or gender aggression are targeted at qualified tenure candidates. These violations of the "tenure rules of engagement" based on implicit or explicit racial or gender bias preserve discriminatory practices that impact underrepresented groups and maintain the status quo in the academy …
Challenging Presumed (Im)Morality: A Personal Narrative, Angela Mae Kupenda
Challenging Presumed (Im)Morality: A Personal Narrative, Angela Mae Kupenda
Journal Articles
This narrative essay is about presumptions of (im)morality in academic settings. Such biased presumptions affect our abilities, even as educators, to work together and foster a society built on principles of justice that could help us work, live, and play better together. Learning to understand, work with, live near, and care about others are goals to which many of us would say we aspire. As law professors, we consider collegiality to be one of the factors we use in evaluating candidates for hiring and promotion decisions. However, these evaluations may rest not on the worthiness or respected humanity of others, …
'May It Please The Court?': A Short Story, Angela Mae Kupenda
'May It Please The Court?': A Short Story, Angela Mae Kupenda
Journal Articles
This story tells a fictional account of a black woman lawyer who is about to try the biggest case of her life. While many black women lawyers seek to express their individuality and bring the best of themselves into their work and lives, conventions and norms about race and gender force them to give huge attention to things that likely matter little in the long run. In this story, we go on a journey of self-discovery with the protagonist, Angel, in hopes that she will be able to please the court in this—her trial of a lifetime.
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret F. Brinig, Linda C. Mcclain
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret F. Brinig, Linda C. Mcclain
Journal Articles
This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs. A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be …
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda
Journal Articles
Women face many barriers in the journey toward equality. Participants at American Association of Law Schools' ("AALS") recent "Workshop on Women Rethinking Equality" addressed the structural, and perhaps sometimes intentional, barriers constructed by societal forces and by the law against women's struggles for various types of equality. At the workshop, many of us pointed to all of the things "they," meaning others, should do to help dismantle these barriers and to help women forge equality. I agree many barriers remain that must be dismantled, and there is much "they" should do to rectify the generations of obstacles and limitations placed …
Academic War Strategies For Nonviolent Armies Of One, Angela Mae Kupenda
Academic War Strategies For Nonviolent Armies Of One, Angela Mae Kupenda
Journal Articles
To engage the legal system in necessary critical action, critical actors are required. The law cannot be uprooted, re-sowed, and re-cultivated, unless future legal professionals engage in such action. And for future legal professionals to engage in such action, generally, they must first be engaged in critical thought during their legal educations. Moreover, for such thought to occur, the legal academy must include a diverse group of voices, minds, and experiences to engage with those seeking such a critical education. These critical voices may be in short supply in the academy for multiple reasons. One specific reason, though, is that …
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda
Journal Articles
“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening …
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
Journal Articles
The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.
Book Review, Angela Mae Kupenda
Book Review, Angela Mae Kupenda
Journal Articles
YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Journal Articles
In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …
For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda
For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda
Journal Articles
No abstract provided.
Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda
Journal Articles
Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …