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Articles 1 - 21 of 21
Full-Text Articles in Law and Race
Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray
Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray
William & Mary Law Review
In recent years, a new narrative associating reproductive rights with the eugenics movement of the 1920s has taken root. As this narrative maintains, in the 1920s, Margaret Sanger, a pioneer of the modern birth control movement, joined forces with the eugenics movement to market family planning measures to marginalized minority communities.
Although the history undergirding this narrative is incomplete and misleading, the narrative itself has flourished as the debate over the continued vitality of reproductive rights has unfolded in the United States. Indeed, in just the last three years, a member of the United States Supreme Court and a number …
Blocking The Ballot Box: The Republican War On Voting Rights, Brendan Williams
Blocking The Ballot Box: The Republican War On Voting Rights, Brendan Williams
William & Mary Journal of Race, Gender, and Social Justice
This Article addresses threats to the right to vote that have arisen since 2018, when voter suppression efforts were key to denying Stacey Abrams, the Black Democratic nominee, victory over Republican Brian Kemp in the Georgia gubernatorial race, while Kemp, in administering his own election while Georgia’s Secretary of State, “laid out a chilling blueprint of voting suppression for other states to follow.”
This Article begins by examining the early Republican voter intimidation tactics that resulted in a consent decree, as these can be viewed as part of a continuum to the present day. It discusses the two U.S. Supreme …
Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang
Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang
William & Mary Journal of Race, Gender, and Social Justice
This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate—defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which economically captures the intuitive notion that people can derive pleasure and pain directly from their and other people’s beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories …
Redliking: When Redlining Goes Online, Allyson E. Gold
Redliking: When Redlining Goes Online, Allyson E. Gold
William & Mary Law Review
Airbnb’s structure, design, and algorithm create a website architecture that allows user discrimination to prevent minority hosts from realizing the same economic benefits from short-term rental platforms as White hosts, a phenomenon this Article refers to as “redliking.” For hosts with an unused home, a spare room, or an extra couch, Airbnb provides an opportunity to create new income streams and increase wealth. Airbnb encourages prospective guests to view host photographs, names, and personal information when considering potential accommodations, thereby inviting bias, both implicit and overt, to permeate transactions. This bias has financial consequences. Empirical research on host earning rates …
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
Challenging Congress's Single-Member District Mandate For U.S. House Elections On Political Association Grounds, Austin Plier
William & Mary Law Review
No abstract provided.
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movements, Politics, And The Maintenance Of Democracy, Patricia A. Broussard
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movements, Politics, And The Maintenance Of Democracy, Patricia A. Broussard
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Black Hair(Tage): Career Liability Or Civil Rights Issue?, Kaili Moss
Black Hair(Tage): Career Liability Or Civil Rights Issue?, Kaili Moss
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Good Faith Discrimination, Girardeau A. Spann
Good Faith Discrimination, Girardeau A. Spann
William & Mary Bill of Rights Journal
The Supreme Courts current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Courts racial jurisprudence stem from the Courts willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects of past discrimination. …
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
Faculty Publications
No abstract provided.
Multiracial Identity And Affirmative Action, Nancy Leong
Multiracial Identity And Affirmative Action, Nancy Leong
Faculty Publications
No abstract provided.
Explaining Grutter V. Bollinger, Neal Devins
Explaining Grutter V. Bollinger, Neal Devins
Faculty Publications
No abstract provided.
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Faculty Publications
No abstract provided.
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Faculty Publications
No abstract provided.
The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne
The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne
Faculty Publications
No abstract provided.
Discrimination In State University Housing Programs - Policy And Constitutional Consideration, William W. Van Alstyne
Discrimination In State University Housing Programs - Policy And Constitutional Consideration, William W. Van Alstyne
Faculty Publications
This paper examines several of the questions surrounding state universities’ relationships with local landlords who employ discriminatory practices. These questions include the privilege of state universities to enforce a policy of nondiscrimination and the prohibition against state universities placing students into segregated housing.