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Articles 1 - 6 of 6
Full-Text Articles in Law
The Aesthetics Of Affirmative Action, Brian Soucek
The Aesthetics Of Affirmative Action, Brian Soucek
Studio for Law and Culture
Justice Thomas’s dissent in Grutter v. Bollinger — which dismissed diversity as an “aesthetic” — highlighted the Supreme Court’s least-discussed rationale for affirmative action in higher education: the claim that visible diversity in elite institutions bolsters those institutions’ “perceived legitimacy.” This Article takes seriously that claim, and Thomas’s critique, as distinctively aesthetic arguments about the role of appearances in public life. By distinguishing the perceived legitimacy argument from others made on behalf of affirmative action, the Article traces for the first time its origins, scope, and unacknowledged popularity. By identifying the aesthetic logic of the Court's argument and drawing on …
The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl
The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl
Studio for Law and Culture
High assessments on African American-owned land became a common, if often invisible, feature of Jim Crow governance. Discriminatory modes of property taxation served as a weapon of social control, an instrument of land speculation and redevelopment, and a vehicle for the unequal distribution of public services. This essay traces the strange career of the property tax from the period of Reconstruction to the age of Jim Crow, situating racial differentials in the assessment and collection of ad valorem taxes within the broader framework of white supremacist governance, and provides a case study of property tax discrimination in civil rights-era Mississippi. …
Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, Maria Patrice Amon
Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, Maria Patrice Amon
Studio for Law and Culture
In the canon of Chicano theatre, the law holds a prominent role; the relationship between Chicanos and the law is a theme explored widely across Chicano theatre in both comedy and tragedy. This paper discusses how the comedy of Chicano theatre conceals the insidiousness of unchallenged racial stereotypes and acts as a safety valve to release the pressures of an abjected community. Yet, where comedy conceals the structure of abjection, drama critically challenges the status quo Chicano drama is capable of questioning the authority of the dominant hegemony over the cultures it oppresses. Beginning from a framing of the law …
Blackboard Jungle: Delinquency, Psychiatry, And The Bio-Politics Of Brown, Anders Walker
Blackboard Jungle: Delinquency, Psychiatry, And The Bio-Politics Of Brown, Anders Walker
Studio for Law and Culture
In 1955, Metro-Goldwyn-Mayer released a controversial film about juvenile delinquency entitled Blackboard Jungle. Georgia Governor Ernest Vandiver subsequently used the film as a metaphor for what would happen to southern schools were Brown enforced, marking the beginnings of a much larger campaign to articulate southern resistance to integration in popular terms. Taking Blackboard Jungle as a starting point, this article recovers the intersection between discourses of delinquency and desegregation at mid-century, showing how civil rights groups and segregationists alike both drew from mass culture and social psychiatry to advance their constitutional agendas. It concludes by showing that even as …
The Sit-Ins And The Failed State Action Revolution, Christopher W. Schmidt
The Sit-Ins And The Failed State Action Revolution, Christopher W. Schmidt
Studio for Law and Culture
This article revises the traditional account of why the Supreme Court, when faced in the early 1960s with a series of cases arising out of the lunch counter sit-in movement, refused to hold racial discrimination in public accommodations unconstitutional. These cases are the great aberration of the Warren Court. At a time when the justices confidently reworked one constitutional doctrine after another, often in response to the moral challenges of the civil rights movement and often in the face of considerable public resistance, they broke pattern in the sit-in cases. And they did so despite a transformation in popular opinion …
Blood Quantum And Equal Protection, Rose Cuison Villazor
Blood Quantum And Equal Protection, Rose Cuison Villazor
Studio for Law and Culture
Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial/political paradigm. This dichotomy may be traced to Morton v. Mancari and more recently to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of Native American tribes do not constitute racial discrimination because the preferences have a political purpose – to further the right to self-government of tribes. Rice v. Cayetano crystallized the juxtaposition of the racial from the political nature of indigeneity by invalidating a law that privileged Native Hawaiians. That …