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2002

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Articles 121 - 150 of 164

Full-Text Articles in Law and Society

"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor Jan 2002

"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor

Michigan Journal of Race and Law

The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in …


Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich Jan 2002

Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich

Michigan Journal of Race and Law

Part I of this Article discusses the history of Brown, and the legal and political barriers that prevented the nation from fulfilling Brown's promise. Part II, will examine the phenomenon of White flight, which resulted from the efforts to implement the court-ordered desegregation of public schools. The political and economic effects of White flight on school reform efforts will also be examined. Part III will provide the reader with possible explanations for why school desegregation failed. The author will argue that the unexpected complexity of the task of desegregation, the lack of a unified direction among the judiciary, and …


The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner Jan 2002

The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner

Faculty Articles

No abstract provided.


Reflections On Racism And World Order, Winston P. Nagan Jan 2002

Reflections On Racism And World Order, Winston P. Nagan

University of Florida Journal of Law & Public Policy

No abstract provided.


Economic Justice And Economic Theory: Limiting The Reach Of Neoclassical Ideology, Charles R.P. Pouncy Jan 2002

Economic Justice And Economic Theory: Limiting The Reach Of Neoclassical Ideology, Charles R.P. Pouncy

University of Florida Journal of Law & Public Policy

No abstract provided.


Racism In Higher Education, Gwendolyn Zoharah Simmons Jan 2002

Racism In Higher Education, Gwendolyn Zoharah Simmons

University of Florida Journal of Law & Public Policy

No abstract provided.


Racial Discrimination In Health Care In The United States As A Violation Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Vernellia R. Randall Jan 2002

Racial Discrimination In Health Care In The United States As A Violation Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Vernellia R. Randall

University of Florida Journal of Law & Public Policy

No abstract provided.


Smoking Laws, High-Speed Trains, And Fishing Nets A State Constitution Does Not Make: Florida's Desperate Need For A Statutory Citizens Initiative, Ryan Maloney Jan 2002

Smoking Laws, High-Speed Trains, And Fishing Nets A State Constitution Does Not Make: Florida's Desperate Need For A Statutory Citizens Initiative, Ryan Maloney

University of Florida Journal of Law & Public Policy

No abstract provided.


Defending Childhood: Developing A Child-Centered Law And Policy Agenda, Barbara Bennett Woodhouse Jan 2002

Defending Childhood: Developing A Child-Centered Law And Policy Agenda, Barbara Bennett Woodhouse

University of Florida Journal of Law & Public Policy

No abstract provided.


The U.N. Convention On The Rights Of The Child: Some Observations On The Monitoring And The Social Context Of Its Implementation, Jaap E. Doek Jan 2002

The U.N. Convention On The Rights Of The Child: Some Observations On The Monitoring And The Social Context Of Its Implementation, Jaap E. Doek

University of Florida Journal of Law & Public Policy

No abstract provided.


Promoting Children's Interests Through A Responsible Research Agenda, Margaret F. Brinig Jan 2002

Promoting Children's Interests Through A Responsible Research Agenda, Margaret F. Brinig

University of Florida Journal of Law & Public Policy

No abstract provided.


Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold Jan 2002

Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold

University of Florida Journal of Law & Public Policy

No abstract provided.


Representation Of Children In A Unified Family Court System In Florida, Claudia Wright Jan 2002

Representation Of Children In A Unified Family Court System In Florida, Claudia Wright

University of Florida Journal of Law & Public Policy

No abstract provided.


A Casebook With Purpose: Shedding Light On Children's Rights And Remedies, Miriam Dillard Jan 2002

A Casebook With Purpose: Shedding Light On Children's Rights And Remedies, Miriam Dillard

University of Florida Journal of Law & Public Policy

No abstract provided.


Additional Readings For Defending Childhood, Mae M. Clark, Mauri K. Hawkins Jan 2002

Additional Readings For Defending Childhood, Mae M. Clark, Mauri K. Hawkins

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: Limiting The Scope Of The Fifth Amendment Takings Clause In Regulatory Takings, Allison Landgraff Jan 2002

Constitutional Law: Limiting The Scope Of The Fifth Amendment Takings Clause In Regulatory Takings, Allison Landgraff

University of Florida Journal of Law & Public Policy

No abstract provided.


Labor Law: Challenges To The Living Wage Movement: Obstacles In A Path To Economic Justice, Rachel Harvey Jan 2002

Labor Law: Challenges To The Living Wage Movement: Obstacles In A Path To Economic Justice, Rachel Harvey

University of Florida Journal of Law & Public Policy

No abstract provided.


The Digital Divide In The New Millennium, Allen S. Hammond Jan 2002

The Digital Divide In The New Millennium, Allen S. Hammond

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Standards Of Review In Texas., W. Wendell Hall Jan 2002

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.


How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen Jan 2002

How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The war on drugs has spawned a second front-a war on education. The casualties of this war are all poor or lower-income people who cannot afford to buy a private education. This article details the consequences of this other war, and explores some legislative and litigation strategies for reclaiming educational opportunity for all Americans. First, however, we must set out in more detail the laws and policies that now deploy educational privation as punishment in public schools, colleges, and prisons.


Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor Jan 2002

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor

Faculty Publications

To assist courts, the National Center for State Courts, in partnership with the Illinois Institute of Technology's Institute of Design and the Chicago-Kent College of Law, launched a research project to examine court processes and recommend modifications to eliminate or reduce procedural barriers to access for self-represented litigants. The projects had three major tasks: (1) to identify major barriers to access to justice that self-represented litigants encounter due to court procedures and administrative requirements; (2) to employ system design methodology to redesign court processes to remove those barriers, and (3) to translate the conceptual model for redesigned court system into …


Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender Jan 2002

Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender

Faculty Articles

In the days and weeks following the September 11 terrorist attacks, reports emerged of hate crimes, discrimination, and profiling directed at Arab Americans, Arabs, and Muslims in the United States. Although aware that the primary targets of the public and private response against terrorism were those of Arab or Muslim appearance, I realized that the backlash within the United States also affected Latinas/os and certain other subordinated groups. This Article grew out of my concern that while Latinas/os at first might be deemed "safe" by the American public, their negative societal construction made their targeting inevitable as the fervent, amorphous …


Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki Jan 2002

Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki

Faculty Articles

LatCrit VII, held May 2-5, 2002, in Portland, Oregon, adopted the theme Coalitional Theory and Praxis: Social Justice Movements and LatCrit Community. The conference's opening roundtable set an activist tone by centering within LatCrit discourse several progressive movements for sociopolitical transformation existing in academia and beyond. This article embraces the conference theme as an opportunity to examine and compare the LatCrit scholarly movement with those beyond academia, particularly current and past sociopolitical movements originating in Latina/o communities.


When Interests Diverge, Robert S. Chang, Peter Kwan Jan 2002

When Interests Diverge, Robert S. Chang, Peter Kwan

Faculty Articles

In this review of Mary Dudziak's important book, Cold War Civil Rights: Race and the Image of American Democracy (Princeton Univ. Press 2000), Professors Chang and Kwan find the book to provide compelling historical narratives about the intersection of the Cold War and civil rights struggles. Dudziak demonstrates through an amazing array of historical evidence a story that runs counter to the standard narrative of racial sin followed by racial redemption, which helps us to reassess who we are and to be cognizant of the work that remains.


Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang Jan 2002

Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang

Faculty Articles

This closing essay to a symposium inaugurating UCLA Law School's Program in Critical Race Studies suggests that the racialized Asian American body can operate as a site for collective memory and thus serve as reminders of past mistakes in order to restrain current and future abuses of power. One of the lessons to be learned is from World War II when extreme subordination of one Asian American group, Japanese Americans, was accompanied by the elimination of certain barriers for another Asian American group, Chinese Americans. A similar dynamic may be happening now following September 11. With the increase in legal …


Poverty And Equality: A Distant Mirror, Gene R. Nichol Jan 2002

Poverty And Equality: A Distant Mirror, Gene R. Nichol

Michigan Law Review

In one sense, Joel Schwartz's new effort, Fighting Poverty with Virtue, is tremendously timely. Bill Clinton's Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was designed to "end welfare as we know it," turning greater attention to poor people's habits than to their pocketbooks. George Bush's compassionate conservatism is meant to pick up the pace, overtly seeking "to save and change lives." The White House's ominously entitled "Office of Faith-Based and Community Initiatives" is apparently set to unleash new waves of moral reformers. Schwartz's book seeks to provide moral, philosophical and historical sustenance for these initiatives. He focuses on …


What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White Jan 2002

What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White

Michigan Law Review

One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy - who tragically died not long after his graduation - the Symposium not only brought an important topic to the forefront of legal thinking, it did so in an extraordinarily interesting way. For this was not a mere collection of papers; the authors met in small editorial groups to discuss their work in detail, and as a result the whole project has a remarkable coherence and …


Access To Financial Services In The 21st Century: Five Opportunities For The Bush Administration And The 107th Congress (Symposium On Poverty And The Law)., Michael S. Barr Jan 2002

Access To Financial Services In The 21st Century: Five Opportunities For The Bush Administration And The 107th Congress (Symposium On Poverty And The Law)., Michael S. Barr

Articles

Noticeably absent from debate over President Bush's agenda is any discussion of a central question for equality of opportunity in the 21st century. Access to financial services is the "passport" to our modem economy, as former Treasury Secretary Lawrence H. Summers oft said, but despite the enormous progress that has been made over the last decade, too many families in the United States still are left out of the financial services mainstream. There are five key opportunities that the Bush Administration, working with Congress and the private sector, can seize in order to continue to democratize access to financial services: …


Reason To Ratify: The Influence Of John Locke's Religious Beliefs On The Creation And Adoption Of The United States Constitution, David L. Wardle Jan 2002

Reason To Ratify: The Influence Of John Locke's Religious Beliefs On The Creation And Adoption Of The United States Constitution, David L. Wardle

Seattle University Law Review

The pervasive influence of Lockean religious convictions motivated the framers of the Constitution to establish a new form of government, provided the theoretical basis for the document itself, and inspired its popular ratification. Part II will lay the groundwork for this thesis by outlining Locke's life and sources of his religious beliefs. Part III will undertake a more substantive examination of Locke's opinions and the writings that memorialized them. Establishing how Lockean ideas of natural law, social contract, and reason are related to the inspiration, drafting, and acceptance of the Constitution takes place in Part IV, before the article's conclusion …


Banking For The Unbanked, Michael S. Barr Jan 2002

Banking For The Unbanked, Michael S. Barr

Articles

The consequences of not having access to mainstream financial services can be severe. Fim, the "unbanked" face high costs for basic financial servies. For example, a 2000 Treasury [U.S. Treasury Department] study found that a worker eaming $12,000 a year would pay approximately $250 annually just to cash payroll checks at a check cashing outlet, in addition to fees for money orders, wire transfers, bill payments, and other common transactions. Regular payments with low credit risk that could be directly deposited into bank accounts, with significantly lower payment systems costs, form the bulk of checks cashed at these check cashing …