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Full-Text Articles in Law and Race
Fear Of A Multiracial Planet: Loving'S Children And The Genocide Of The White Race, Reginald Oh
Fear Of A Multiracial Planet: Loving'S Children And The Genocide Of The White Race, Reginald Oh
Law Faculty Articles and Essays
Fifty years after the U.S. Supreme Court ruled in Loving v. Virginia that prohibitions against interracial marriages were unconstitutional, strong cultural opposition to interracial couples, marriages, and families continues to exist. Illustrative of this opposition is the controversy over an Old Navy clothing store advertisement posted on Twitter in spring 2016. The advertisement depicted an African American woman and a white man together with a presumably mixed-race child. The white man is carrying the boy on his back. It is a clear depiction of an interracial family. Although seemingly innocuous, this advertisement sparked a flood of comments expressing open hostility …
The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich
The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich
Law Faculty Articles and Essays
This article seeks to resolve a longstanding conceptual puzzle plaguing the "heat of passion" doctrine--how courts should determine which features, beliefs, or characteristics of a defendant are properly relevant to assessing whether the defendant was sufficiently provoked, and which of those features should be disregarded. This article argues that provocation is not adequate if the reason the defendant became extremely angry is due to some blameworthy belief or attribute of the defendant. A belief is blameworthy if it contradicts the fundamental values of the political community. The blameworthiness principle distinguishes those aspects of the defendant that cannot form a basis …