Law Commons^™

"Unexplainable On Grounds Other Than Race": The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Lenard Hutchinson

UF Law Faculty Publications

In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.

First, Professor Hutchinson examines the various …

Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush

UF Law Faculty Publications

This paper explores the harm of teaching The Adventures of Huckleberry Finn in public school classrooms. Such harm can be broadly described as emotional segregation, which occurs when society sanctions disrespect. To illustrate the effects of emotional segregation, this article explores the reaction Black students and parents have to the novel to that of White students and parents. White students eagerly imagine being Huck and going on his adventures. Black students, however, cannot and should not even be asked to try to imagine being Huck and betraying their racial identity. But then who are the Black students supposed to identify …

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol

UF Law Faculty Publications

This lecture addresses the relationship between law and culture in three general parts. The first part consists of a brief review of the theories addressing the relationship of law and culture, mainly the mirror theory. But I will suggest that there is more to the relationship of law and culture than one being an inert reflection of the other; hence my proposal for what I call, as a working concept, a cross-constitutive paradigm of law and culture. The second part reviews the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW''), a law that seeks to effect …

The Nature Of The Bankrupt Firm: A Response To Baird And Rasmussen's "The End Of Bankruptcy", Lynn M. Lopucki

UF Law Faculty Publications

In an article recently published in the Stanford Law Review Professors Douglas G. Baird and Robert K. Rasmussen assert that big-case bankruptcy reorganizations have "all but disappeared" and give three theoretical explanations. This reply provides empirical evidence that the assertion is wrong; reorganizations not only survive but are booming. It then explains how their theoretical explanations led Baird and Rasmussen to the wrong conclusion. In their first explanation, Baird and Rasmussen note that modern firms have few firm-specific or dedicated assets. From that observation, they argue that the firms have no going concern value. This reply argues that the going …

Accommodation Subverted: The Future Of Work/Family Initiatives In A 'Me, Inc.' World, Rachel Arnow-Richman

UF Law Faculty Publications

This article considers the viability of mandated employer accommodation of family caregiving in a work culture that prizes employee mobility and independence. Extant accommodation mandates, such as the Americans with Disabilities Act and the Family Medical Leave Act, have been only moderately successful in deconstructing discriminatory work structures that operate to exclude underrepresented workers. Court decisions interpreting those laws frequently invoke equality principles to limit their reach and preserve employer discretion, while decisions favorable to disadvantaged plaintiffs have often occasioned popular backlash. These circumstances call into question the efficacy of accommodation as a vehicle for achieving results-based equality for caregivers. …

"Voluntary" Interviews And Airport Searchers Of Middle Eastern Men: The Fourth Amendment In A Time Of Terror, Tracey Maclin

UF Law Faculty Publications

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