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Full-Text Articles in Law
The Patriarchy Prescription: Cure Or Containment Strategy?, Verna L. Williams
The Patriarchy Prescription: Cure Or Containment Strategy?, Verna L. Williams
Faculty Articles and Other Publications
Professor Williams discusses the 1965 Moynihan Report, "The Negro Family: The Case for National Action," its effect on societal and legal views of blacks in the ensuing half-century, and offers an alternative paradigm, "social justice feminism," for examining challenges confronting African American families.
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Faculty Articles and Other Publications
This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …
Sketches Of A Redemptive Theory Of Contract Law, Emily Houh
Sketches Of A Redemptive Theory Of Contract Law, Emily Houh
Faculty Articles and Other Publications
This Article is about the game we call contract law and what it does and means to those who, at one time or another, have been categorically barred from play. How have "outsider" players-such as racial minorities, women, and sexual minorities -entered the game and, subsequently, how have its governing rules-that is, contract doctrines applied or not applied to them? On the flipside, how have common law contract doctrines responded to the entry of new players in the game? And, to the extent contract law has so responded, why has it done so? In asking and responding to these questions, …
Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez
Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez
Faculty Articles and Other Publications
Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing those who are targeted as posing “the greatest threat to the nation.” As a result, a “new” phenomenon emerged, crimmigration, that not only redesigned the criminal and immigration systems, but also brought about a cultural transformation in the United State —restructuring social categories, diminishing economic and political power, and perpetuating the marginalization …
After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang
After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang
Faculty Articles and Other Publications
This Note argues that the majority in Ashcroft have left courts with an unadministerable standard-not so much for reasons that Justice Souter articulated in his dissent, but rather because the Court provided no guidance on navigating around the myriad of factors in the convoluted totality analyses. Part I examines two cases after Ashcroft which represent different degrees of racial vote dilution: Shirt v. Hazeltine and Session v. Perry. Through other post-Ashcroft cases, Part II teases out the differences (i) between influence districts as injury and remedy and (ii) between a jurisdiction's Section 5 and Section 2 obligations--details closely related …