Law and Society Commons^™

Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze

NYLS Law Review

No abstract provided.

Changing Equalities, Jack B. Weinstein

NYLS Law Review

No abstract provided.

New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard

NYLS Law Review

No abstract provided.

Bah V. Mukasey, Sandrine Dehaeze

NYLS Law Review

No abstract provided.

Reflections On Recommendation 12, Naiomi Metallic

Reports & Public Policy Documents

This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.

The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.

Scholarly Works

Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The …

Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Marriage As Monopoly: History, Tradition, Incrementalism, And The Marriage/Civil Union Distinction, Suzanne B. Goldberg

Faculty Scholarship

History and tradition have taken a prominent place as favored rationales for the exclusion of same-sex couples from marriage. Incrementalism likewise has been invoked to suggest that states can permissibly move “one step at a time” to redress the unequal status of same-sex couples, including by creating a civil union/marriage regime instead of providing marriage for all. Yet constitutional jurisprudence is clear that neither longevity nor tradition alone can justify the continuation of a discriminatory rule. This Article asks, then, what work these rationales perform in the marriage/civil union jurisprudence and debate, given their inadequacy from a doctrinal standpoint.

The …

The Ultimate Victory Of A Productive Life: Ben E Johnson, Jr., And African Americans At Emory Law School, 1961-72, William B. Turner

Journal of Legal Education

No abstract provided.

Yes We Did, Photograph

Textual material from the Rodney Lawrence Hurst, Sr. Papers

MoveOn.org print.

Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.

Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A press release about Rodney Hurst's book "It was never about a hot dog and a coke." In addition, it advertises the Amelia Island Book Festival on October 2-4, 2008.

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A winner for "It was Never About a Hotdog and a Coke!" at the Sabrina Awards, July 31, 2008

William Faulkner, Legal Commentator: Humanity And Endurance In Hollywood's Yoknapatawpha, Michael Allan Wolf

UF Law Faculty Publications

Two of the several films based on William Faulkner's writings - “Intruder in the Dust” and “Tomorrow” - are sensitive adaptations that are permeated with themes regarding the nature of justice, the role of the attorney, and the place of law and lawlessness in society. In many ways, a careful study of each of these two films (and of the novel and story upon which they are based) reveals that William Faulkner holds a place as an important American legal commentator. No writer (before or since Faulkner) captures so vividly and so truly the moral predicament of an American South …

Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Program: Rodney Hurst Sr Presents "It Was Never About A Hot Dog And A Coke," His Personal Account.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A presentation by Rodney Hurst at Bethel Baptist Institutional Church on Friday, April 18, 2008

Diversity As A Dead-End, Kenneth B. Nunn

UF Law Faculty Publications

Supreme Court cases on diversity could only assist if they defined diversity in a way that allowed institutions to admit significant numbers of the type of individuals that the institutions were lacking. This is precisely what the Supreme Court's cases on diversity do not do. Furthermore, the Supreme Court's view of diversity is flawed because it does not address existing power differentials between Blacks and Whites. As a result diversity, as it is defined by the Supreme Court, is a dead-end for those who are concerned about social justice and equity in higher education.

Stray Remarks And Mixed-Motive Cases After Desert Palace V. Costa: A Proximity Test For Determining Minimal Causation, Ezra S. Greenberg

Cardozo Law Review

No abstract provided.

The First (Black) Lady, Verna L. Williams

Faculty Articles and Other Publications

Part I examines the role of First Lady, which has been undertheorized in legal scholarship, and how it promotes privileged white femininity, and in so doing, upholds patriarchy. Part II builds upon that discussion, explaining that the gender and racial norms that contribute to the traditional First Lady trope exemplify the intertwined nature of racism and sexism, which have been used to justify Black subordination. This section also examines how African Americans have embraced gender conformance as a way of attaining acceptance and status within the existing social order, specifically through the "Black lady" construct, which the campaign invoked to …

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams

Faculty Articles and Other Publications

This article examines how race and educational equity issues shape women's sports experiences.

Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo

Faculty Publications

This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …

Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.

Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

As suggested by the title Bridging the Gap between Truth and Reconciliation: Restorative Justice and the Indian Residential Schools Truth and Reconciliation Commission, this essay examines the potential gap between truth and reconciliation and suggests that the principles underlying restorative justice provide the necessary bridge. With respect to the goal of reconciling relationships, the author makes it clear that she is speaking of social relationships, not personal relationships. Restorative justice “is not about getting parties to hug and make up; rather, it strives to create the conditions of social relationships in which all parties might achieve meaningful, just, and peaceful …

Don't Count Them Out Just Yet: Toward The Plausible Use Of Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Contrary to conventional wisdom, the Supreme Court's recent decision in Parents Involved in Community Schools v. Seattle School District No. 11 could serve to broaden the permissible use of race beyond the boundaries presently permitted by the Court. In this highly fractionalized decision, five justices ultimately agreed that the race-based student assignment plans before their review could not withstand judicial scrutiny. One of these justices, Justice Kennedy, agreed with the plurality's conclusion, but rejected the plurality's assessment that it is never permissible to use race-preference student assignment plans absent evidence of de jure segregation. His concurrence, when read together with …

Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Katrina's Window: Localism, Resegregation, And Equitable Regionalism, David D. Troutt

Buffalo Law Review

No abstract provided.