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Articles 211 - 240 of 242
Full-Text Articles in Law and Society
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Michigan Journal of Race and Law
In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has …
In Sisterhood, Lisa C. Ikemoto
In Sisterhood, Lisa C. Ikemoto
Michigan Journal of Race and Law
A review of Where Is Your Body? by Mari Matsuda
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Foreword: Never Again, Franklin D. Cleckley
Foreword: Never Again, Franklin D. Cleckley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris
St. Mary's Law Journal
Women sexually harassed by male co-workers are protected by Title VII of the Civil Rights Act. Yet, men are not protected because the federal courts in the Fifth Circuit do not protect men who are sexually harassed by other men. Male victims of sexual harassment are protected if they live in another district which does offer Title VII protection to same-sex victims. But should geography dictate protection? The federal courts are currently split as to whether a claim of sexual harassment between members of the same gender is actionable under Title VII of the Civil Rights Act. In the absence …
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Articles
No abstract provided.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Michigan Journal of Race and Law
This article will address specifically the relationship between race and credibility in legal cases, while acknowledging that broader bias issues are often, though sometimes imperceptibly, intertwined in racially biased credibility determinations. Part I will survey race and credibility issues that have arisen in courts, with particular focus on two modern habeas corpus cases. Part II will summarize the legal rules that presently regulate racially influenced assessments of credibility; it may surprise some readers to realize that there is no established mechanism for challenging racially biased credibility determinations. Part I will propose some standards for determining when race is permissibly used …
The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson
The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson
Michigan Journal of Race and Law
This article will discuss the use of the film, Who Killed Vincent Chin?, as a method: (1) to analyze the relationship of social constructions of identity, particularly race, on the rules and discretionary application of criminal jurisprudence; (2) to provide an interactive pedagogical tool for law teachers, especially criminal law teachers, to examine the social contexts of criminal jurisprudence from multiple perspectives; and (3) to examine the ability of criminal law doctrine to address issues of race.
Stark Karst, Richard Delgado
Stark Karst, Richard Delgado
Michigan Law Review
A Review of Law's Promise, Law's Expression: Visions of Power in the Politics of Race, Gender, and Religion by Kenneth L. Karst
The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera
The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera
St. Mary's Law Journal
This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Michigan Law Review
In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …
Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes
Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes
St. Thomas Law Review
This essay argues that the 1990s pose a postponed but inescapable challenge: the fulfillment of the nation's historic commitment to liberty/ equality ideals for all Americans, regardless of race/ethnicity, sex/gender, economic class or sexuality/sexual orientation. In pursuing this argument, this essay traces the historical and jurisprudential continuities regarding (non)liberty/(in)equality that has plagued the American constitutional order from inception to the present, and then focuses on current controversies. Part I sketches a brief history of the liberty/ equality and non-liberty/inequality cross-traditions embedded into American law and society at the nation's genesis in order to show how the cross-traditions work at cross-purposes …
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Michigan Journal of Gender & Law
Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
Articles
While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …
A Curious Document Recently Discovered In The Archives, Peter Tillers
A Curious Document Recently Discovered In The Archives, Peter Tillers
Cardozo Law Review
The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …
Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn
Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn
University of the District of Columbia Law Review
The sixties and seventies saw the creation of new rights and the expansion of old ones in response to discrimination, disenfranchisement, and poverty. The new rights were both participatory rights' and substantive rights.2 They effected a redistribution of wealth and power. Essentially, they were rights to consume and rights to share. We called these rights "The New Property."3 As we moved from an era of sustained growth and surplus to budget deficits and trade deficits, we have been less willing to address social problems by expansion of those rights. Political and judicial receptivity to further redistribution diminished sharply.' Litigation seeking …
Book Review. Belonging To America, Lauren K. Robel
Book Review. Belonging To America, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Sociological Justice, Christopher M. Adams
Sociological Justice, Christopher M. Adams
Michigan Law Review
A Review of Sociological Justice by Donald Black
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess
St. Mary's Law Journal
In City of Richmond v. J.A. Croson Co., the Supreme Court held a minority business utilization plan (Richmond Plan) was violative of the Fourteenth Amendment’s Equal Protection Clause. The Richmond Plan required all builders awarded city construction contracts to subcontract, at minimum, 30% of the contract value to Minority Business Enterprises. A state government enacting legislation that burdens one class of persons and benefits a similarly-situated class must provide sufficient justification for its action to survive equal protection analysis. When distinction is based on race or national origin—classes considered inherently suspect—a reviewing court subjects the governmental legislation to strict scrutiny, …
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
University of Michigan Journal of Law Reform
This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Articles
In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.
Foundering On The Seas Of Hopelessness, Mary C. Dunlap
Foundering On The Seas Of Hopelessness, Mary C. Dunlap
Michigan Law Review
A Review of Gays/Justice: A Study of Ethics, Society, and Law by Richard D. Mohn
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
Michigan Law Review
A Review of And We Are Not Saved: The Elusive Quest for Racial Justice by Derrick A. Bell
A Need For Caring, Judith Areen
A Need For Caring, Judith Areen
Michigan Law Review
A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project
Pornography Is A Civil Rights Issue For Women, Andrea Dworkin
Pornography Is A Civil Rights Issue For Women, Andrea Dworkin
University of Michigan Journal of Law Reform
My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …
Law And Sex, Christina B. Whitman
Law And Sex, Christina B. Whitman
Reviews
In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …
Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review
Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review
Michigan Law Review
A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Illegitimacy: An Examination Of Bastardy, Michigan Law Review
Michigan Law Review
A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Articles
Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …
The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.