Social and Behavioral Sciences Commons^™

The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn

UF Law Faculty Publications

Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over what …

How To Sever The Legs Of An Octopus: Tunisia’S Ongoing Revolution, Matthew Hammel

Independent Study Project (ISP) Collection

The Kasbah square is large and covered in barbwire. Military men stand on the inside of the fence cradling automatic rifles, joking, chatting, texting on their cell phones. Coming out from the bustle of the souks the square feels tranquil. It is September, seven months since the square became a temporary home to thousands of protestors who demanded the end of oppressive government in Tunisia. It was here that the Tunisian people solidified their revolution, refusing to be appeased by the flight of a figurehead while the tentacles of his regime remained.

Ben Ali ruled Tunisia for twenty-three years. During …

Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines

Independent Study Project (ISP) Collection

Children’s rights have been violated for centuries. These violations of children’s rights may include but are not limited to a child's access to education, adequate food or quality health care. Over the last few years there have been a rising number of prevalent issues that impact children, including trafficking, slave labor, and unaccompanied minors (UAM) migrating from their countries of origin to new host states in North America and Europe. The issue of unaccompanied minors migrating to Europe has been prevalent for years. "In most EU member states arrivals started during the 1990's. I'd say the issue became prevalent at …

Disparate Impact Realism, Amy L. Wax

All Faculty Scholarship

In Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Supreme Court recently reaffirmed the doctrine, first articulated by the Court in Griggs v. Duke Power Company, 401 U.S. 424 (1971), that employers can be held liable under Title VII of the 1964 Civil Rights Act for neutral personnel practices with a disparate impact on minority workers. The Griggs Court further held that employers can escape liability by showing that their staffing practices are job related or consistent with business necessity.

In the interim since Griggs, social scientists have generated evidence undermining two key assumptions behind that decision and its …

Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.

This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …

American Constitutional Law, Otis Stephens

College of Law Faculty Scholarship

No abstract provided.

Director's Letter, Sarah Chinn

Center for LGBTQ Studies (CLAGS)

As I write this, the snow is slowly melting: the residue of the blizzard that brought 2010 to a close (and ground the East Coast to an almost complete halt). The stillness of the air outside fosters a kind of meditativeness, although it's hard to get a firm grasp on the events of the past few weeks. After what seemed like an endless parade of false starts, Congress finally overturned Don't Ask, Don't Tell, a policy that came into being at the same time as our newest crop of undergraduates. And at almost the same moment, the DREAM Act, legislation …

The Language Of Action: A Creative Study Of Resistance To Slavery From West Africa To The Days Across The Sea, Kali Block-Steele

Independent Study Project (ISP) Collection

The goal of this paper is to study one of the lesser known aspects of the Transatlantic Slave Trade: resistance. Before the discussion of resistance, a brief history of the trade can be found. The focus on active resistance to slavery both on an individual and collective level begins on the African continent and continues through the Middle Passage, finishing with a discussion on forms of resistance in the Americas. There is a second part encompassing some creative writings inspired by the formation of this paper.

Why Now And What's Next: The February 20th Movement’S Challenge To The State, Marina Balleria

Independent Study Project (ISP) Collection

The Moroccan state takes a nuanced place among autocracies and democracies—the regime features fundamental democratic institutions and while the central power of the monarchy is maintained through a constellation of political, economic, social, and cultural institutions. In this case, David Brumberg’s classification of “liberalized autocracies” is useful, which defines these states as using a mixture of “guided pluralism, controlled elections and selective repression” to maintain and centralize power[1] This political structure of liberalized autocracy creates sufficient political opportunity for various protest movements to emerge but until recently few have successfully enacted change. The February 20^th protest movement, inspired …

Baby Boomers At Work: Growing Older And Working More, Eve M. Brank

Nebraska College of Law: Faculty Publications

In the current chapter, I will first detail the legal framework for workplace age discrimination and court case examples that have largely mirrored race and gender discrimination law. Next, I will discuss the psychological research that details the consequences of age discrimination with a particular focus on the combined effects of stereotype assimilation and notions of deservingness of respect. Last, I will suggest that until we know the causes of age discrimination, we cannot legitimately address its consequences the same way we have addressed other forms of discrimination. Specifically, I will argue that legislating against age discrimination is inherently different …

Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

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 …

The New American Civil Religion: Lesson For Italy, Andrew Koppelman

Faculty Working Papers

American civil religion has been changing, responding to increasing religious plurality by becoming more abstract. The problem of increasing plurality is not only an American one. It is also presented in Italy, where civic identity has been centered around a Catholicism that is no longer universal. Perhaps Italy has, in this respect, an American future.

Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd

Law Faculty Scholarship

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …

Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew

Articles

This article surveys the emerging empirical research on the relationship between the judges' gender and the results in employment discrimination cases.

Arbitral And Judicial Proceedings: Indistinguishable Justice Or Justice Denied?, Pat K. Chew

Articles

This is an exploratory study comparing the processes and outcomes in the arbitration and the litigation of workplace racial harassment cases. Drawing from an emerging large database of arbitral opinions, this article indicates that arbitration outcomes yield a lower percentage of employee successes than in litigation of these types of cases. At the same time, while arbitration proceedings have some of the same legal formalities (legal representation, legal briefs), they do not have other protective procedural safeguards.

White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison

EGS Content

No abstract provided.

A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison

EGS Content

Concern over the academic talent development of Division I student–athletes has led to increased research to explain variations in their academic performance. Although a substantial amount of attention has been given to the relationship between student–athletes and their levels of academic success, there remain critical theoretical and analytical gaps. The purpose of this article is to develop a conceptual model to understand and explain the cumulative processes and characteristics—as a whole and in stages—that influence academic success for Division I student–athletes. Research on student–athletes and academic success is reviewed and synthesized to provide a rationale for the basic elements of …

Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison

EGS Content

This study examined the extent to which transitioning, first-year student-athletes engage in educationally sound activities in college. The sample included 147 revenue and nonrevenue first-year student-athletes who were surveyed at four large Division 1-A universities. Findings revealed that revenue and nonrevenue first-year student athletes differed regarding their academic and athletic identities. Transitioning revenue student-athletes rated themselves as having slightly higher athletic identities, yet lower academic identities compared to their nonrevenue counterparts. The findings from this study also indicated that the kinds of effective educational practices that first-year student-athletes engage in have a positive influence on their academic self-concept. These findings …

Dismembering Families, Anthony C. Infanti

Book Chapters

In this paper, I explore how the deduction for extraordinary medical expenses, codified in I.R.C. section 213, furthers domination in American society. On its face, section 213 probably does not seem a likely candidate for being tagged as furthering domination. After all, this provision aims to alleviate extraordinary financial burdens on taxpayers who already suffer from significant medical problems -- and who, by definition, lack the help of insurance to relieve those burdens. But, as laudable as this goal might be, careful attention to the text and context of section 213 reveals that it does not apply to all taxpayers …

Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Supply Side Or Discrimination? Assessing The Role Of Unconscious Bias, Amy L. Wax

All Faculty Scholarship

No abstract provided.

The First Principles Of Standing: Privilege, System Justification, And The Predictable Incoherence Of Article Iii, Christian Sundquist

Articles

This Article examines the indeterminacy of standing doctrine by deconstructing recent desegregation, affirmative action, and racial profiling cases. This examination is an attempt to uncover the often unstated meta-principles that guide standing jurisprudence. The Article contends that the inherent indeterminacy of standing law can be understood as reflecting an unstated desire to protect racial and class privilege, which is accomplished through the dogma of individualism, equal opportunity (liberty), and “white innocence.” Relying on insights from System Justification Theory, a burgeoning field of social psychology, the Article argues that the seemingly incoherent results in racial standing cases can be understood as …

Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis

All Faculty Scholarship

No abstract provided.

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …

Inequitable Administration: Documenting Family For Tax Purposes, Anthony C. Infanti

Articles

Family can bring us joy, and it can bring us grief. It can also bring us tax benefits and tax detriments. Often, as a means of ensuring compliance with Internal Revenue Code provisions that turn on a family relationship, taxpayers are required to document their relationship with a family member. Most visibly, taxpayers are denied an additional personal exemption for a child or other dependent unless they furnish the individual’s name, Social Security number, and relationship to the taxpayer.

In this article, I undertake the first systematic examination of these documentation requirements. Given the privileging of the “traditional” family throughout …

The Thirteenth Amendment And Interest Convergence, William M. Carter Jr.

Articles

The Thirteenth Amendment was intended to eliminate the institution of slavery and to eliminate the legacy of slavery. Having accomplished the former, the Amendment has only rarely been extended to the latter. The Thirteenth Amendment’s great promise therefore remains unrealized.

This Article explores the gap between the Thirteenth Amendment’s promise and its implementation. Drawing on Critical Race Theory, this Article argues that the relative underdevelopment of Thirteenth Amendment doctrine is due in part to a lack of perceived interest convergence in eliminating what the Amendment’s Framers called the “badges and incidents of slavery.” The theory of interest convergence, in its …

Reading Charles Black Writing: "The Lawfulness Of The Segregation Decisions" Revisited, Kendall Thomas

Faculty Scholarship

The year 2010 marked the fiftieth anniversary of the publication of Charles L. Black, Jr.'s "The Lawfulness of the Segregation Decisions." Professor Black's magisterial essay on the Supreme Court's 1954-1955 decisions in Brown v. Board of Education and its companion cases is, by any account, a foundational text in the scholarly literature on race and law in the United States. Black's short but searing defense of Brown introduced ideas and arguments about race, about law, and about the law of race that transformed the field. I can think of no better way to celebrate this inaugural issue of the Columbia …