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Articles 31 - 48 of 48
Full-Text Articles in Law
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Publications
No abstract provided.
A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin
A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin
Publications
Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community.
Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which …
Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen
Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen
Publications
This article revises widespread application of the racialization thesis to Arabs, Muslims, and South Asians following September 11. It suggests in its place an “alienation thesis” to describe the formation of an alien identity for those perceived and treated as noncitizens. This thesis draws on Asian American and critical race scholarship to re-interpret sociological understandings of the post-September 11 response to Arabs, Muslims, and South Asians. The article concludes that shifting conceptions of this phenomenon is critical to reforming “alienating” practices that function not only to cause harm to their intended targets, but also to distort the legal requirements of …
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Publications
In early 2009 the airwaves came alive with sensational stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother's well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long history …
A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss
A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss
Publications
Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries, and the inversion of established hierarchies. It is the world turned upside down. Ersatz carnival is a pernicious, inverted form of carnival, one wherein counter-discourses propounded by outsiders are appropriated by elites and frequently redeployed to silence and exclude those same outsiders. The use of the slur "'ho" by gangsta' rappers in the performance of songs that articulate a vision of urban culture is an example of carnivalization. Thus, when words …
Diverse Conceptions Of Emotions In Risk Regulation, Peter H. Huang
Diverse Conceptions Of Emotions In Risk Regulation, Peter H. Huang
Publications
No abstract provided.
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss
Publications
This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Publications
This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Publications
No abstract provided.
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Publications
No abstract provided.
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss
Publications
No abstract provided.
Race And Criminal Justice, Richard B. Collins
The Color Of Money, Paul F. Campos
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Publications
No abstract provided.
Name-Calling And The Clear Error Rule, Robert F. Nagel
Name-Calling And The Clear Error Rule, Robert F. Nagel
Publications
No abstract provided.
Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi
Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi
Publications
No abstract provided.
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.