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Full-Text Articles in Law
Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig
Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig
Faculty Scholarship
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Faculty Scholarship
This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla
Faculty Scholarship
This article explores the position of women of color in the affirmative action dialogue. Affirmative action has come under attack locally, statewide, and federally. During this same period, critical race feminists have brought into sharp relief how women of color are marginalized or erased in discourses over sex and gender, as well as over race and ethnicity. Despite these protests and warnings, the current debate over affirmative action continues this history of invisibility, perpetuating America's spoken and unspoken conceptions about where women of color belong. For example, most discussion of affirmative action focuses on race, more specifically on African-Americans. Some …
Foreword, Katharine B. Silbaugh
Foreword, Katharine B. Silbaugh
Faculty Scholarship
This special section of The Boston University Public Interest Law Journal addresses the issue of transracial adoptions. Few topics within family law generate as much controversy as the placement of Black or other minority and mixed race children for adoption with white families. Although transracial placement could in theory apply to the placement of white children with mixed race and Black families, in practice it has not. The predominant practice of matching adoptive children with adoptive parents of the same race has come under increasing scrutiny in recent years as many older and difficult to place minority children wait in …
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
Faculty Scholarship
This essay explores the process of teaching students—and ourselves—to listen to and accept different versions of reality. Such exploration results in a proposition that is easy to state but difficult to accomplish: that in order to achieve this goal, we must challenge the students' "common sense”—their sense that they "know" how people act—by offering examples of behaviors that differ from that knowledge, without triggering the very "common sense" we are trying to combat. Toward this end, the first section of the essay presents a hypothetical initial interview with a client, and the student interviewer's reactions to her, which reflect the …
The Underfederalization Of Crime, A. Kimberley Dayton
The Underfederalization Of Crime, A. Kimberley Dayton
Faculty Scholarship
This article contends that judicial and academic complaints about the overfederalization of crime largely have matters backwards. The image of a runaway national government increasingly taking away the enforcement of the criminal law from the States is essentially false. The available evidence indicates that the national government's share in the enforcement of criminal law has been actually diminishing for more than the last half century. The national government does have concurrent authority over a greater range of criminal activity now, including much violent street crime. But, contrary to Lopez and the conventional wisdom it embraces, this expanded authority does not …