Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- William & Mary Law School (8)
- Columbia Law School (4)
- Cornell University Law School (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- Golden Gate University School of Law (3)
-
- Saint Louis University School of Law (3)
- University of Pennsylvania Carey Law School (3)
- Cleveland State University (2)
- New York Law School (2)
- University of Baltimore Law (2)
- University of Connecticut (2)
- University of Miami Law School (2)
- Brooklyn Law School (1)
- California Western School of Law (1)
- Florida A&M University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Penn State Law (1)
- Southern Methodist University (1)
- University of Florida Levin College of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts Boston (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of North Florida (1)
- University of Richmond (1)
- Western New England University School of Law (1)
- Keyword
-
- Civil Rights (8)
- Discrimination (7)
- Civil rights (4)
- Race Relations (3)
- Racial discrimination (3)
-
- Sexual orientation (3)
- Constitutional law (2)
- Disparate impact (2)
- Economics (2)
- Educational Discrimination (2)
- Empirical research (2)
- Gay rights (2)
- Hate crime (2)
- Homosexuality (2)
- Jesse Choper (2)
- Law and Equality (2)
- Law and Society (2)
- Race (2)
- Racism (2)
- School Integration (2)
- ADEA (1)
- Abortion rights (1)
- Actionable sexual conduct (1)
- Adoption (1)
- African-American males (1)
- African-Americans (1)
- Age Discrimination in Employment Act (1)
- Amendment 2 (1)
- Americans with Disabilities Act (1)
- Anderson v. S.U.N.Y. Health Science Center (1)
- Publication
-
- Faculty Scholarship (9)
- All Faculty Scholarship (8)
- Faculty Publications (7)
- Scholarly Works (5)
- Cornell Law Faculty Publications (4)
-
- Articles (3)
- Press Releases (3)
- Articles & Chapters (2)
- Faculty Articles and Papers (2)
- Journal Articles (2)
- Law Faculty Articles and Essays (2)
- Archbishop Desmond Tutu Collection Textual (1)
- Articles by Maurer Faculty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Journal Publications (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Supreme Court Preview (1)
- UF Law Faculty Publications (1)
- William Monroe Trotter Institute Publications (1)
Articles 1 - 30 of 57
Full-Text Articles in Law
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Cornell Law Faculty Publications
Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson
Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson
All Faculty Scholarship
Lawyer-bashing in America has long been a national pastime, having somehow escaped the palliative of political correctness that has greatly diminished other scurrilous pursuits like Jewish-American-Princess-baiting and Polish-joking.
Much of the profession's negative image can be ascribed to the sheer number of people hanging out their shingles as attorneys at law - just about as many per capita as there are inmates currently serving time in all the state prisons. Lawyers are likewise chastised for the hard-sell hucksterism of their advertising, the exponential growth of their caseloads, and the endless upward spiral of their fee scales. No doubt such perceptions, …
Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Gay/Lesbian Law Scholarship Awarded For Second Year
Gay/Lesbian Law Scholarship Awarded For Second Year
Press Releases
No abstract provided.
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
UF Law Faculty Publications
In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …
Fight Muhammad's 'Secret' With Facts, Kenneth Lasson
Fight Muhammad's 'Secret' With Facts, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Intersections Of Race, Ethnicity, And The Law, Valerie P. Hans, Ramiro Martinez Jr.
Intersections Of Race, Ethnicity, And The Law, Valerie P. Hans, Ramiro Martinez Jr.
Cornell Law Faculty Publications
The development of law is inextricably linked to matters of race and ethnicity. The stories of minority citizens--the texture of their lives, the prejudices they have endured, and their struggles for fair treatment--have been documented in the pages of legal opinions, as judges over the years have wrestled with fundamental questions of racial bias and inequality. Studying race, ethnicity, and the law is challenging for many reasons, not the least of which is the prime difficulty of defining what we mean by race. Even the choice of words used to identify minority individuals has social and political ramifications. How law …
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Faculty Publications
No abstract provided.
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Forum On Gay Marriage, Families And Adoption Set
Forum On Gay Marriage, Families And Adoption Set
Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman
Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman
Faculty Scholarship
No abstract provided.
St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway
St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding
“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding
Law Faculty Scholarly Articles
The first section of this Article provides a brief historical overview of the proscription against executing the incompetent and the proffered rationales. This section also examines key factors contributing to the increase in the number of mentally dysfunctional condemned inmates. Then the Article explores the traditional competency-to-execute model that remains in use. This analysis will include a discussion of specific issues, such as: the term used to describe the requisite mental affliction, how that term is defined in order to identify who may ultimately benefit from the rule in Ford v. Wainwright, what standard is appropriate to determine whether …
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Scholarly Works
No abstract provided.
Force African-American Fathers To Parent Their Delinquent Sons - A Factor To Be Considered At The Dispositional Stage, Lundy Langston
Force African-American Fathers To Parent Their Delinquent Sons - A Factor To Be Considered At The Dispositional Stage, Lundy Langston
Journal Publications
What species can survive and function when a substantial segment of its young male population is harnessed by the burdens of substance abuse, unemployment, and incarceration? Empirical data suggests that these maladies have infected African-American males at a rate alarmingly disproportionate to that of other races. This trend, if it continues, suggests that America is creating a dysfunctional class. In this Article the term "dysfunctional" refers to a predicament wherein African-American males engage in violent activities.' Their conduct may be attributable to their inability to contribute to the family or smaller groups which form the foundation of the social order …
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
All Faculty Scholarship
No abstract provided.
Representing The Lesbian In Law And Literature, Anne B. Goldstein
Representing The Lesbian In Law And Literature, Anne B. Goldstein
Faculty Scholarship
This Essay addresses the question "what is involved in representing a lesbian? in two contexts, law and literature. Its premise is that the work of novelists is enough like the work of lawyers that lawyers can learn how to represent lesbian clients better by studying books with lesbian characters. This is a preliminary, anecdotal, and impressionistic effort. The Author relies upon several systematic surveys of the field and her seven years' experience as a litigator and eight years' further reading and reflection about the problems and strategies of representing lesbians.
The Essay begins by exploring the general problem of representing …
Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws, Peter Siegelman
Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws, Peter Siegelman
Faculty Articles and Papers
Reviewing: Richard Epstein, Forbidden Grounds: The Case against Employment Discrimination Laws. Cambridge, Mass.: Harvard University Press, 1991.
Beyond The Civil Rights Agenda For Blacks: Principles For The Pursuit Of Economic And Community Development, James Jennings
Beyond The Civil Rights Agenda For Blacks: Principles For The Pursuit Of Economic And Community Development, James Jennings
William Monroe Trotter Institute Publications
Over the last several decades, this country has experimented with economic development and social welfare strategies and programs molded by liberals and conservatives, and embodied in the policies and politics of both Republicans and Democrats at the national level. However, given the continuing social and economic crisis, and gaps between African Americans and whites, it seems the approaches of both liberals and conservatives have been inadequate. Due to the failure of current policy strategies, in terms of black living conditions, debate in the black community should move from disagreements between liberals and conservatives, or Democrats and Republicans, towards the question …
Judicial Recantation, Mark A. Graber
Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith
Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
Journal Articles
This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …
Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin
Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin
Elisabeth Haub School of Law Faculty Publications
This article discusses the need for federal protection of women seeking abortion-related services and the denial of protection of those women by the Supreme Court's narrow holding in Bray. Part II examines the precedents leading up to the Bray decision. A review of these cases demonstrates that Operation Rescue is a national conspiracy aimed at eliminating the right to abortion. The group uses physical force and blockades clinics in order to deny women and health care workers access to these facilities. In light of the inability or unwillingness of local law enforcement agencies to provide access to the clinics and …
Speech: The Handover, Desmond Tutu
Speech: The Handover, Desmond Tutu
Archbishop Desmond Tutu Collection Textual
The speech that Archbishop Tutu made in Pretoria South Africa during the handing over of the Truth & Reconciliation Commission final report to President Thabo Mbeki. Handwritten notes throughout typewritten speech.
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
All Faculty Scholarship
No abstract provided.
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson
Faculty Scholarship
This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …