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Full-Text Articles in Law
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 …
Foster V. Chatman And The Failings Of Batson, Patrick C. Brayer
Foster V. Chatman And The Failings Of Batson, Patrick C. Brayer
Faculty Works
When the Supreme Court delivered its ruling in Foster v Chatman, the court described the actions of the prosecutors as being “motivated in substantial part by race” when they struck two potential jurors from hearing the capital murder case against Timothy Foster. This phenomenon of open and explicit racial intolerance is unfortunately still in existence thirty years after Foster first went to trial. What the Court failed to acknowledge was how new attitudes of exclusion are less intentional today and more nuanced, implicit, and rationalized. Black defendant’s in 2016 face prosecutors who are less engaged in open discrimination but more …
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
All Faculty Scholarship
This article is one person's reflections on how an important influence on his own sense of moral values -- Jesus Christ -- affects his thinking about his own approach to his role as a public official in a secular society, using the vital topic of criminal justice as a focal point. This article draws several important lessons from Christ's teachings about the concept of the other that are relevant to issues of criminal justice. Using Catholicism as a framework, this article addresses, among other things, capital punishment and denying the opportunity for redemption; the problem of racial disparities in the …