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Full-Text Articles in Law
Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman
Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman
Faculty Scholarship
Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce a …
Collateral Consequences Of Criminal Convictions: Confronting Issues Of Race And Dignity, Michael Pinard
Collateral Consequences Of Criminal Convictions: Confronting Issues Of Race And Dignity, Michael Pinard
Faculty Scholarship
This article explores the racial dimensions of the various collateral consequences that attach to criminal convictions in the United States. The consequences include ineligibility for public and government-assisted housing, public benefits and various forms of employment, as well as civic exclusions such as ineligibility for jury service and felon disenfranchisement. To test its hypothesis that these penalties, both historically and contemporarily, are rooted in race, the article looks to England and Wales, Canada and South Africa. These countries have criminal justice systems similar to the United States’, have been influenced significantly by United States’ criminal justice practices in recent years, …
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks
Faculty Scholarship
No abstract provided.