Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (2)
- Constitutional Law (2)
- Criminal Law (2)
- Human Rights Law (2)
- Legislation (2)
-
- Rule of Law (2)
- Administrative Law (1)
- American Politics (1)
- Civil Law (1)
- Criminology and Criminal Justice (1)
- Disability Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- International Law (1)
- Judges (1)
- Law Enforcement and Corrections (1)
- Law and Gender (1)
- Law and Politics (1)
- Legal Studies (1)
- Military, War, and Peace (1)
- Political Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Social Justice (1)
- Social and Behavioral Sciences (1)
Articles 1 - 3 of 3
Full-Text Articles in Law and Race
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
Articles
Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …
Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley
Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley
Articles
Human rights treaties and American constitutional law recognize decisions about reproduction as central to human dignity. Historically and today, Black women and women with disabilities have endured numerous impairments of their freedom to form and maintain families. Other scholars have examined these barriers to motherhood. Unexplored, however, are parallels among the experiences of women in these two groups or the women for whom Blackness and disability are overlapping identities. This Article fills that void. The disturbing legacy of the Eugenics movement is manifest in many settings. Black and disabled women undergo sterilizations at disproportionately high rates. Public benefit programs discourage …
Treaties As Law And The Rule Of Law: The Judicial Power To Compel Domestic Treaty Implementation, William M. Carter Jr.
Treaties As Law And The Rule Of Law: The Judicial Power To Compel Domestic Treaty Implementation, William M. Carter Jr.
Articles
The Supremacy Clause makes the Constitution, federal statutes, and ratified treaties part of the "supreme law of the land." Despite the textual and historical clarity of the Supremacy Clause, some courts and commentators have suggested that the "non-self-executing treaty doctrine" means that ratified treaties must await implementing legislation before they become domestic law. The non-self-executing treaty doctrine has in particular been used as a shield to claims under international human rights treaties.
This Article does not seek to provide another critique of the non-self-executing treaty doctrine in the abstract. Rather, I suggest that a determination that a treaty is non-self-executing …