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Articles 1951 - 1980 of 2514
Full-Text Articles in Law
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Michigan Journal of International Law
The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Journal Publications
In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau
The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau
Faculty Scholarship
Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act I ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. 2 In particular, there has been notable progress …
Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama
Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama
Michigan Journal of Race and Law
Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff
Articles
Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.
Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran
Setting An Agenda For A Study Of Tax And Black Culture, Beverly I. Moran
Vanderbilt Law School Faculty Publications
At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to tax fairly all cultures within the purview of taxation must also find their values reflected. The article sets out how the tax laws might begin to incorporate black culture.
Defending Truth, Cynthia V. Ward, Peter A. Alces
Defending Truth, Cynthia V. Ward, Peter A. Alces
Faculty Publications
No abstract provided.
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Faculty Articles
Can a system developed from intrusion into the lives of the poor be reconstituted to provide services that will nurture the quality of the lives of all children? If not, then the system should be scrapped and start over. Child Protective Services (CPS) has never recovered from its roots in distrust and discrimination against the poor and its mistaken defense of a false moral high-ground, which is perceived from the narrow focus of child-saving rather than on the legitimate and long term needs of children. The foster care system’s lack of concern for natural parents reflects centuries of a dual …
To Heal Another Or To Protect Oneself?: Hiv Under The Ada In Light Of Bragdon V. Abbott, Leah Guidry
To Heal Another Or To Protect Oneself?: Hiv Under The Ada In Light Of Bragdon V. Abbott, Leah Guidry
Touro Law Review
No abstract provided.
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
The Salience Of Race, Deborah W. Post
The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases, And The Nynex Consent Decree In Roxbury, Madeleine Mercedes Plasencia
The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases, And The Nynex Consent Decree In Roxbury, Madeleine Mercedes Plasencia
Touro Law Review
No abstract provided.
Cases: United States V. Weaselhead; Dawavendewa V. Salt River Project Agricultural Improvement And Power District; Austin's Express, Inc. V. Arneson;
American Indian Law Review
No abstract provided.
Symposium: Work And Family Introduction, Lorraine Schmall
Symposium: Work And Family Introduction, Lorraine Schmall
Northern Illinois University Law Review
Work and family problems seem as numerous, and as difficult to deal with as our children. Invidious discrimination, inadequate laws, intra-family dissension all contribute to our woes. But the dialogue has begun, and problem-solving cannot be too far behind.
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Michigan Law Review
Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
University of Michigan Journal of Law Reform
Fifteen percent of the decisions issued by the Supreme Court during its 1996-97 Term centered around section 1983. Section 1983 provides civil rights plaintiffs with a procedural mechanism for vindicating their federally protected rights, including those enshrined in the Constitution. The Court's decisions from its 1996-97 Term reflect a continuation of the alarming trend that has permeated section 1983 for the last two decades-a movement to decrease the scope of section 1983, regardless of the impact on constitutional rights. The Supreme Court appears to be creating a hierarchy both of constitutional rights and of plaintiffs: free speech and takings claims …
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Faculty Publications
No abstract provided.
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Michigan Law Review
The Bill of Rights, by means of open-ended terms such as "freedom of speech," "equal protection," or "due process," refers to moral criteria, which take on constitutional status by virtue of being thus referenced. We can disagree about whether the proper methodology for judicial application of these criteria is originalist or nonoriginalist. The originalist looks, not to the true content of the moral criteria named by the Constitution, but to the framers' beliefs about that content; the nonoriginalist tries to determine what the criteria truly require, and ignores or gives less weight to the framers' views. Bracketing this disagreement, however, …
… And From The Associate, Myriam E. Gilles
Foreclosed Impartiality In Capital Sentencing: Jurors’ Predispositions Guilt-Trial Experience And Premature Decision Making , William J. Bowers, Marla Sandys, Benjamin D. Steiner
Foreclosed Impartiality In Capital Sentencing: Jurors’ Predispositions Guilt-Trial Experience And Premature Decision Making , William J. Bowers, Marla Sandys, Benjamin D. Steiner
Cornell Law Review
No abstract provided.
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Review
No abstract provided.
Bellum Americanum: The U.S. View Of Twenty-First-Century War And Its Possible Implications For The Law Of Armed Conflict, Michael Schmitt
Bellum Americanum: The U.S. View Of Twenty-First-Century War And Its Possible Implications For The Law Of Armed Conflict, Michael Schmitt
International Law Studies
No abstract provided.
Old Jurisprudence: Respect In Retrospect , Anita Bernstein
Old Jurisprudence: Respect In Retrospect , Anita Bernstein
Cornell Law Review
No abstract provided.
A Business Lawyer Looks At The Internet, John P. Freeman
A Business Lawyer Looks At The Internet, John P. Freeman
South Carolina Law Review
No abstract provided.
Gender Sex Agency And Discrimination: A Reply To Professor Abrams , Katherine M. Franke
Gender Sex Agency And Discrimination: A Reply To Professor Abrams , Katherine M. Franke
Cornell Law Review
No abstract provided.
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
Michigan Law Review
My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.
The Future Of Federal Disadvantaged Business Enterprise Programs:Did The Supreme Court's Decision Iin Adarand Constructors V. Pena Really Make A Difference?, Jennifer L. Haynes
The Future Of Federal Disadvantaged Business Enterprise Programs:Did The Supreme Court's Decision Iin Adarand Constructors V. Pena Really Make A Difference?, Jennifer L. Haynes
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.