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Full-Text Articles in Law

Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks Jan 2010

Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks

Faculty Scholarship

Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge.

Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …


Cyber Civil Rights: Looking Forward, Danielle Keats Citron Jan 2010

Cyber Civil Rights: Looking Forward, Danielle Keats Citron

Faculty Scholarship

The Cyber Civil Rights conference raised many important questions about the practical and normative value of seeing online harassment as a discrimination problem. In these remarks, I highlight and address two important issues that must be tackled before moving forward with a cyber civil rights agenda. The first concerns the practical—whether we, in fact, have useful antidiscrimination tools at the state and federal level and, if not, how we might conceive of new ones. The second involves the normative—whether we should invoke technological solutions, such as traceability anonymity, as part of a cyber civil rights agenda given their potential risks.


Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin Jan 2010

Defaming Muhammad: Dignity, Harm, And Incitement To Religious Hatred, Peter G. Danchin

Faculty Scholarship

The Danish cartoons controversy has generated a torrent of commentary seeking to define and defend competing conceptions of the normative implications of the affair. This Article addresses the question of how liberal democratic states ought to respond to visible manifestations of hatred, especially speech that constitutes incitement to religious hatred. Taking the publication of the Danish cartoons as its point of departure, the Article interrogates the complex historical and normative relationship between free speech and freedom of religion in the liberal democratic order and discusses the two critical questions of whether the cartoons give rise to a genuine conflict of …


Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks Jan 2010

Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Community Recovery Lawyering: Hard-Learned Lessons From Post-Katrina Mississippi, Bonnie Allen, Barbara Bezdek, John Jopling Jan 2010

Community Recovery Lawyering: Hard-Learned Lessons From Post-Katrina Mississippi, Bonnie Allen, Barbara Bezdek, John Jopling

Faculty Scholarship

No abstract provided.