Law Commons^™

Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Puerto Rico Post-Hurricane Maria: Reconstruction And The Pathway To Self-Determination, Ameya A. Lele

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Transracial Adoptions In America: An Analysis Of The Role Of Racial Identity Among Black Adoptees And The Benefits Of Reconceptualizing Success Within Adoptions, Jessica M. Hadley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan

William & Mary Journal of Race, Gender, and Social Justice

In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …

The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard

William & Mary Journal of Race, Gender, and Social Justice

Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s liberalization of …

Women's Quotas: Making The Case For Codifying Syrian Women's Political Participation, Jomana Qaddour

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Corporal Punishment, Social Norms, And Norm Cascades: Examining Cross-National Laws And Trends In Homes Across The Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, Charmaine N. Willis

William & Mary Journal of Race, Gender, and Social Justice

For centuries, parents across the globe have utilized corporal punishment against children in the name of discipline. This Article is the first legal article to examine cross-national trends in child corporal punishment laws and to propose ideas for reducing its practice using the social norms approach. By examining 192 countries over a 46-year period, we shed light on emerging patterns. Additionally, by delving into countries’ self-reports regarding their compliance with the United Nations Convention on the Rights of the Child (CRC) treaty, we observe other unique patterns globally.

Notably, during the course of our empirical research and data collection (2017–2019), …

The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf, Elizabeth Pindilli

William & Mary Journal of Race, Gender, and Social Justice

Historically, and to this day, people with disabilities have not been considered capable of determining their own needs. Instead, the general population has taken it upon themselves to dictate what accommodations they shall receive. This becomes particularly problematic for the deaf community when interacting with the criminal justice system, where a lack of communication is synonymous with a lack of justice. In this situation, the state should defer to the individual’s understanding of their needs, or carry the burden of proving that another accommodation is equally effective.

Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah

William & Mary Journal of Race, Gender, and Social Justice

While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …

Disaggregated Discrimination And The Rise Of Identity Politics, George Rutherglen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Of Moral Outrage In Judicial Opinions, Duane Rudolph

William & Mary Journal of Race, Gender, and Social Justice

Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal philosophy known as hermeneutics that deals with the interpretation and understanding of texts, the Article argues that in interpreting and understanding cases judges should express moral outrage when faced with individuals from communities whose voice has historically been at risk, is currently at risk, …

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

William & Mary Journal of Race, Gender, and Social Justice

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …

The Convention For The Safeguarding Of The Intangible Cultural Heritage (Csich) And The Control Of Indigenous Culture: A Critical Comment On Power And Indigenous Rights, Jonathan Liljeblad

William & Mary Journal of Race, Gender, and Social Justice

The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and social transformation. The convention, however, has been critiqued for the manner in which it attempts to manage intangible cultural heritage, with critics charging that the convention fosters a power structure that favors states and thereby threatens to marginalize indigenous peoples from control over their own cultures. Such criticism raises a question …

The Website Accommodations Test: Applying The Americans With Disabilities Act To Websites, Ashley Cheff

William & Mary Journal of Race, Gender, and Social Justice

In 2017, 814 lawsuits were filed alleging discrimination under the Americans with Disabilities Act (ADA) due to website inaccessibility, up from 262 in the previous year. Beginning in July 2010, the federal Department of Justice (DOJ) considered issuing regulations under ADA Title III related to website accessibility. However, no changes have been made to date, leaving courts split over whether websites constitute places of public accommodation via the ADA. Dispositive to some jurisdictions’ holdings is whether a website has a nexus to a physical place, which may lend toward viewing the site as a public accommodation. Other jurisdictions provide that …

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

William & Mary Journal of Race, Gender, and Social Justice

During the Senate Judiciary Committee Hearings on the nomination of Brett Kavanaugh as associate justice of the United States Supreme Court, Christine Blasey Ford testified regarding an alleged sexual assault by Kavanaugh that had occurred thirty-five years earlier. Although some viewed Blasey Ford’s testimony as a doomed repeat of Anita Hill’s testimony during the hearings on the nomination of Clarence Thomas, one significant difference was that the Kavanaugh hearings demonstrated an increased public awareness of the impacts of trauma. And just as senators hired a prosecutor trained in trauma-informed lawyering to question Blasey Ford, today’s lawyers must understand how trauma …

The Forgotten Relatives In The Fight Against Family Separation: A Constitutional Analysis Of The Statutory Definition Of Unaccompanied Minors In Immigration Detention, Alysa Williams

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Blatantly Biased: Expanding Pena-Rodriguez To Cases Of Bias Against Sexual Orientation, Religion, And Sex, Tressa Bussio

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Who Tells Your Story: The Legality Of And Shift In Racial Preferences Within Casting Practices, Nicole Ligon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence

William & Mary Journal of Race, Gender, and Social Justice

While neuroscience continues to make it clearer that mental processes, effects, disorders, and states can be described through physical observation, the metaphysical notion of mind-body dualism still pervades the U.S. legal system. In this Article, I discuss many areas where mind-body dualism holds fast, and others where mind-body dualism has already been explicitly or impliedly rejected. I argue that in most areas, the dualist distinction would have little to no impact on the values the law already describes. However, I argue that rejecting dualism would have an impact on fundamental rights analyses. First Amendment free speech rights, fundamental rights, and …

Free-Speech Formalism And Social Injustice, Stephen M. Feldman

William & Mary Journal of Race, Gender, and Social Justice

The Roberts Court has shifted constitutional law in a formalist direction. This Essay explains the Court’s formalism and its causes and consequences in First Amendment free-expression cases. The thesis is that the current conservative justices’ reliance on formalism intertwines with their attitudes toward public and private spheres of activity. Their attitudes toward the public-private dichotomy are, in turn, shaped by their political ideologies as well as by the contemporary practices of democratic government, which have shifted significantly over American history. Formalism contains an inherent political tilt favoring those who already wield power in the private sphere. Formalism favors the wealthy …

Stripped: Speech, Sex, Race, And Secondary Effects, Lisa Crooms-Robinson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Introduction, Dania Matos

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.