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Social and Behavioral Sciences Commons™
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Articles 1 - 30 of 303
Full-Text Articles in Social and Behavioral Sciences
The Limits Of "Liberal Republicanism": Why Group-Based Remedies And Republican Citizenship Don't Mix, Cynthia V. Ward
The Limits Of "Liberal Republicanism": Why Group-Based Remedies And Republican Citizenship Don't Mix, Cynthia V. Ward
Cynthia V. Ward
No abstract provided.
Don't Write Off The Reagan Social Agenda, Neal Devins
Don't Write Off The Reagan Social Agenda, Neal Devins
Neal E. Devins
No abstract provided.
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The End Of Busing?, Davison M. Douglas
Justifying Racial Reform, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …
Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos
Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos
Anthony Spanakos
Scholars are divided over whether the emancipatory politics promised by new social movements can be attained within civil society or whether seizure of the state apparatus is necessary. The Bolivarian Revolution led by President Hugo Chávez presents a crucial case for examining this question. Chávez’s use of the state apparatus has been fundamental in broadening the concept of citizenship, but this extension of citizenship has occurred alongside the deliberate exclusion of others. This has not only limited its appeal as a citizenship project but created counterpublics that challenge the functioning of the government and its very legitimacy. Analysis of Bolivarianism …
Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal
Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal
Laura R. McNeal
The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.
Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal
Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal
Cedric M. Powell
The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.
The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, Cedric Merlin Powell
The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, Cedric Merlin Powell
Cedric M. Powell
Disrupting traditional conceptions of structural inequality, state decision making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman, Jr.’s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler’s evocative and transformative book, Chokehold. While both books grapple with how to dismantle the structural components of mass incarceration, state legitimized police violence against Black bodies, and how policy functions to reify oppressive state power, the approaches espoused by Forman and Butler are analytically distinct. Forman locates his analysis in the dynamics of decision-making power when African American officials wield power …
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Neil L Sobol
Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.
Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Natsu Taylor Saito
The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith
Shyam K. Sriram (ssriram@butler.edu)
No abstract provided.
On Normative Effects Of Immigration Law.Pdf, Emily Ryo
On Normative Effects Of Immigration Law.Pdf, Emily Ryo
Emily Ryo
Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.
Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.
Donna M. Hughes
Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire
Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire
Laura Moyer
This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
José Gabilondo
Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.
Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan
Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan
Bryan G Kane MD
This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance …
God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson
God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson
Mitchell J Nathanson
Myth: Hard Work And Credentials Determine Employment Opportunities
Myth: Hard Work And Credentials Determine Employment Opportunities
Alev Dudek
Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek
Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek
Alev Dudek
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Philip M Stinson
Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …
Moral Panics And Body Cameras, Howard M. Wasserman
Moral Panics And Body Cameras, Howard M. Wasserman
Howard M Wasserman
This Commentary uses the lens of "moral panics" to evaluate public support for equipping law enforcement with body cameras as a response and solution to events in Ferguson, Missouri in August 2014. Body cameras are a generally good policy idea. But the rhetoric surrounding them erroneously treats them as the single guaranteed solution to the problem of excessive force and police-citizen conflicts, particularly by ignoring the limitations of video evidence and the difficult questions of implementing any body camera program. In overstating the case, the rhetoric of body cameras becomes indistinguishable from rhetoric surrounding responses to past moral panics.