Civil Rights and Discrimination Commons^™

Ratios, (Ir)Rationality & Civil Rights Punitive Awards, Caprice L. Roberts

Akron Law Review

This article will focus on the effect of the Court’s tightening of the ratio prong on federal civil rights cases. In particular, it addresses whether federal appellate courts feel constrained by State Farm’s stated preference for single-digit ratios, or instead, jettison the ratio strictures in favor of other prongs...The problems are two-fold in civil rights line of cases: (1) some federal circuit courts bar punitive damages if there are no compensatory damages; and (2) courts reviewing a punitive award where compensatory damages exist may feel compelled to apply rigidly a single-digit ratio to comport with State Farm. Barring or severely …

Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox

Akron Law Review

Sections two and three of the Fourteenth Amendment, being more political than legal enactments, have had essentially no judicial or legal development. Yet even the first sentence of section one and the ensuing Privileges or Immunities Clause have had relatively little play in the courts. With the single exception of the 1999 case of Saenz v. Roe, 6 the citizenship language of the Fourteenth Amendment has practically no legal significance.

Still, these approaches to equal or constitutional citizenship represent a starting point, not a conclusion. Taking up the invitations of these scholars, my project is to delve more deeply into …

"Horror Of A Woman": Myra Bradwell, The 14th Amendment, And The Gendered Origins Of Sociological Jurisprudence, Gwen Hoerr Jordan

Akron Law Review

On June 14, 1873, Myra Bradwell reprinted a short article from the St. Louis Republican in the Chicago Legal News announcing the U.S. Supreme Court’s decision in her case.

This short article reveals an important insight that challenges some contemporary interpretations of Bradwell v. Illinois. First, it points out what we know, but sometimes overlook, that the Supreme Court holding in Bradwell did not prevent women from becoming lawyers or practicing law.6 More importantly, however, it suggests that Justice Bradley’s oftcited concurrence – where he reveals his horror of a woman, writing that “[t]he harmony, not to say identity, of …

The Use Of The Fourteenth Amendment By Salmon P. Chase In The Trial Of Jefferson Davis, C. Ellen Connally

Akron Law Review

The resulting decision in The Slaughterhouse Cases is one that is still debated and stands as a primary example of an unintended consequence of a constitutional amendment. Although historians and legal scholars have considered a number of the unintended consequences of the Fourteenth Amendment, one result, unforeseen by its proponents, has been totally overlooked... In the legal proceedings that came to be known as United States v. Jefferson Davis, a legal determination was required to determine whether or not Section 3 imposed a simple disqualification or an actual punishment...Could those who pushed for the adoption of the Fourteenth Amendment, those …

Rebuilding The Slaughter-House: The Cases' Support For Civil Rights, David S. Bogen

Akron Law Review

This Article sets forth the Slaughter-House Cases’ support for civil rights. Justice Miller used federalism in order to protect Reconstruction legislatures where significant numbers of African-Americans participated fully for the first time. His recital of the history and purpose of the Civil War Amendments centered on the Amendments’ design to protect African-Americans, and suggested sweeping federal power to accomplish that end. Gutting the Privileges and Immunities Clause compelled the Court to read the Equal Protection Clause broadly, and was indirectly responsible for the reapportionment decisions of the Warren Court. The Slaughter-House Court’s structural analysis and its view of federal protective …

Marriage-Based Immigration For Same-Sex Couples After Doma: Lingering Problems Of Proof And Prejudice, Anna Carron

Northwestern University Law Review

In 2013, the Supreme Court changed the lives of thousands of same-sex couples in America by declaring the Defense of Marriage Act (DOMA) unconstitutional in United States v. Windsor. This decision allowed same-sex spouses to receive the same marriage-based immigration benefits under federal law that “traditional marriages” had long received. Although this holding is a victory for binational same-sex couples, bias still exists in the practices U.S. Customs and Immigration Services (USCIS) uses to evaluate the legitimacy of marriages. This bias manifests itself in the proof USCIS requires to show a relationship is bona fide, proof that often assumes …

Plenary 2—Redefining Gender Violence (Transcript), Andrea Ritchie, Leigh Goodmark (Moderator), Juanita Flores, Julie Goldscheid, Spearit

University of Miami Race & Social Justice Law Review

No abstract provided.

Acknowledgments

University of Miami Race & Social Justice Law Review

No abstract provided.

Finding The Middle Ground: Reimagining Responses To Women’S Use Of Force, Lisa Young Larance, Susan L. Miller

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Sex Trafficking (Transcript), Aziza Ahmed, Cyra Choudhury (Moderator), Sienna Baskin, Sandy Skelaney

University of Miami Race & Social Justice Law Review

No abstract provided.

Reimagining The Movement To End Gender Violence: Anti-Racism, Prison Abolition, Women Of Color Feminisms, And Other Radical Visions Of Justice (Transcript), Beth E. Richie

University of Miami Race & Social Justice Law Review

No abstract provided.

Introduction: Converge! Reimagining The Movement To End Gender Violence, Donna Coker, Leigh Goodmark, Marcia Olivo

University of Miami Race & Social Justice Law Review

No abstract provided.

Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid

University of Miami Race & Social Justice Law Review

No abstract provided.

Full Issue

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Colonization, Culture, And Resistance (Transcript), Sarah Deer, Zanita Fenton (Moderator), Val Kalei Kanuha, Eesha Pandit

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara R. Lave, Elizabeth Macdowell, Adele Morrison

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice (Transcript), Margaret Johnson, James Ptacek (Moderator), Nicole Matthews, Hillary Potter

University of Miami Race & Social Justice Law Review

No abstract provided.

Plenary 3—Harms Of Criminalization And Promising Alternatives (Transcript), Mimi Kim, Donna Coker, Sujatha Baliga, Alisa Bierria

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On Alternatives To The Crime-Centered Approach To Gender Violence (Transcript), C. Quince Hopkins, Staci Haines, Tiloma Jayasinghe, Andrew Sta. Ana

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On The Possibilities And Limits Of Criminal Justice Reform (Transcript), Michelle Kaminsky, Leigh Goodmark, Connie Burk, Sandra S. Park

University of Miami Race & Social Justice Law Review

No abstract provided.