Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 45

Full-Text Articles in Law

Foreword: Abolition Constitutionalism, Dorothy E. Roberts Jan 2019

Foreword: Abolition Constitutionalism, Dorothy E. Roberts

Faculty Scholarship at Penn Law

In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is ...


The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin Jan 2018

The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin

Faculty Scholarship at Penn Law

The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live ...


A Dose Of Color, A Dose Of Reality: Contextualizing Intentional Tort Actions With Black Documentaries, Regina Austin Jan 2018

A Dose Of Color, A Dose Of Reality: Contextualizing Intentional Tort Actions With Black Documentaries, Regina Austin

Faculty Scholarship at Penn Law

This article describes the way documentary films can provide important cultural context in the assessment of tort claims. This kind of contextual analysis exposes the social conditions that drive legal disputes. For example, in the case of Klayman v. Obama, Larry Klayman claimed that Black Lives Matter, among other defendants, was liable for various intentional torts (including intentional infliction of emotional distress) by fomenting hostility toward the police in black communities. The court dismissed the case but declined to hold Klayman liable for sanctions. One documentary film, I Am Not Your Negro, locates Klayman’s claims in a historical tradition ...


Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri Jan 2015

Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri

Faculty Scholarship at Penn Law

Title VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing “intersectionality” to critical legal scholarship. By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality critique had come of age, generating a sophisticated subfield and producing many articles that remain classics in the field of anti-discrimination law and beyond. Employment discrimination law was not the only target of intersectionality critics, but Title VII’s failure to capture and ameliorate the particular experiences of women of color loomed large in this early legal literature. Courts proved especially reluctant to recognize multi-dimensional discrimination ...


Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee Jan 2014

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

Faculty Scholarship at Penn Law

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to ...


Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri Jan 2014

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

Faculty Scholarship at Penn Law

No abstract provided.


Privacy Law: Positive Theory And Normative Practice, Anita L. Allen Jan 2013

Privacy Law: Positive Theory And Normative Practice, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen Mar 2012

First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen Jan 2011

Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee May 2010

Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee

Faculty Scholarship at Penn Law

No abstract provided.


Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee Jul 2009

Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee

Faculty Scholarship at Penn Law

No abstract provided.


Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee Apr 2009

Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee

Faculty Scholarship at Penn Law

No abstract provided.


Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee Jul 2008

Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee

Faculty Scholarship at Penn Law

No abstract provided.


A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett Jan 2005

A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett

Faculty Scholarship at Penn Law

No abstract provided.


Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr. Jan 2005

Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Race, Face, And Rawls, Anita L. Allen Jan 2004

Race, Face, And Rawls, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin Jan 2004

"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin Jan 2004

Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen Jan 2003

Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin Jan 2002

''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin Jan 1999

Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin Jan 1998

"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts Jan 1997

The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts Jan 1997

The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Genetic Testing, Nature, And Trust, Anita L. Allen Jan 1997

Genetic Testing, Nature, And Trust, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin Jan 1997

Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts Jan 1996

The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin Jan 1995

Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


The Genetic Tie, Dorothy E. Roberts Jan 1995

The Genetic Tie, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.