Book Review, 2012 Duke Law School
Racial Cartels And The Thirteenth Amendment Enforcement Power, 2012 Duke Law School
Racial Cartels And The Thirteenth Amendment Enforcement Power, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, 2012 Duke Law School
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett
Faculty Scholarship
This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing assumptions, ideals, and implications of these formulations. It describes frameworks of thought intended to compensate for the limitations of equality doctrine, including critical legal feminism, different voice theory, and nonsubordination theory, and the relationships between these frameworks. Finally, it identifies feminist legal scholarship that has crossed the disciplinary bound-aries of law. …
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, 2012 Duke Law School
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman
Faculty Scholarship
This chapter from Justice and Legal Change on the Shores of Lake Erie, examines the first important cases ever heard by the U.S. District Court for the Northern District of Ohio. The cases, known as the Oberlin-Wellington Fugitive Slave Cases -- stemmed out of the rescue of a fugitive slave from the custody of a professional slave catcher. The fugitive was seized in Oberlin, and taken to nearby Wellington, and held in hotel while the slave catchers waiting for a train to take them to Columbus. Meanwhile, a mob -- consisting mostly of Oberlin residents, including many Oberlin College …
En Paz Descanse: Remembering Keith Aoki’S Contributions Toward Latina/O Equality, 2012 Seattle University School of Law
En Paz Descanse: Remembering Keith Aoki’S Contributions Toward Latina/O Equality, Steven W. Bender
Faculty Articles
Part of the forthcoming University of Oregon Law Review tribute to the scholarship of the late Professor Keith Aoki (1955-2011), this article situates Keith’s engagement of Latina/o policy issues within his scholarly identity and legacy. Although best remembered for his renowned contributions in the fields of intellectual property, property law, and Asian American jurisprudence, Keith wrote extensively on Latina/o issues in pursuit of equality of treatment. As addressed in the article, Keith’s notable advocacy on behalf of Latinas/os includes the significance of political representation as a strategy for social change and his innovative proposals for regional formulation of immigration policy.
Preliminary Report On Race And Washington’S Criminal Justice System, 2012 Seattle University School of Law
Preliminary Report On Race And Washington’S Criminal Justice System, Robert S. Chang
Faculty Articles
For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. They found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes. They found that use of arrest rates likely overstates black crime commission rates for several reasons. But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by …
Keith Aoki’S Theory Of Racial Microclimes, 2012 Seattle University School of Law
Keith Aoki’S Theory Of Racial Microclimes, Robert S. Chang
Faculty Articles
No abstract provided.
Four Reservations On Civil Rights Reasoning By Analogy: The Case Of Latinos And Other Nonblack Groups, 2012 Seattle University School of Law
Four Reservations On Civil Rights Reasoning By Analogy: The Case Of Latinos And Other Nonblack Groups, Richard Delgado
Faculty Articles
The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime internment, and discriminatory labor laws. Middle Eastern people suffer from suspicion that they are terrorists. Blacks suffered slavery and Jim Crow.
Yet our system of civil rights derives, in large part, from the experience of only Blacks, and aims to redress a single, momentous harm, namely slavery and its lingering effects. This is particularly …
Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, 2012 Seattle University School of Law
Diversity And The Virtual Workplace: Performance Identity And Shifting Boundaries Of Workplace Engagement, Natasha T. Martin
Faculty Articles
This article explores the meaning of workplace discrimination where reality meets the imaginary world in virtual work settings. Using a more recent development in the realm of virtual work--workplace avatars--the article considers the impact on law of virtual performance identity by workers where appearances can be altered in virtual reality.
Current protected-class approaches to antidiscrimination law have not served as the antidote to workplace bias and exclusion. Thus, the article investigates whether avatar technology holds promise for facilitating greater inclusion of marginalized workers in the contemporary workplace. Does this mode of virtual work serve as a platform for diversity or …
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, 2012 Seattle University School of Law
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Articles
This Article, "Disparately Seeking Jurors: Disparate Impact and the (Mis)use of Batson," uncovers a stark inequality within Equal Protection jurisprudence. On the 25th Anniversary of the Supreme Court’s decision in Batson v. Kentucky, which established a three-step test for assessing claims of purposeful discrimination in jury selection, I present the first comprehensive research on the application by the lower federal courts of Batson’s disparate impact analysis. The results are striking. Whereas the test was developed to prevent the discriminatory removal of African American jurors from the trials of African Americans, the courts now use disparate impact analysis only to …
Reframing Roe: Property Over Privacy, 2012 Seattle University School of Law
Reframing Roe: Property Over Privacy, Becca Rausch
Faculty Articles
Roe v. Wade has received much criticism from both sides of the political spectrum. These critiques diverge divisively but for one commonality. Specifically, commentators from both the pro- and anti-choice camps have expressed concern about the absence of an express constitutional right to privacy, upon which the Supreme Court in Roe based its finding of a "fundamental" right to abortion. This lack of express constitutional provision renders the Roe decision, and its resulting reproductive rights, vulnerable. Further, pro-choice advocates find fault with the privacy basis because it yields no positive rights to funding or governmental support for accessing abortion services. …
Centering The Immigrant In The Inter/National Imagination (Part Iii): Aoki, Rawls, And Immigration, 2012 Seattle University School of Law
Centering The Immigrant In The Inter/National Imagination (Part Iii): Aoki, Rawls, And Immigration, Robert S. Chang
Faculty Articles
Fifteen years ago, Keith Aoki and Professor Robert Chang published "Centering the Immigrant in the Inter/National Imagination" in an early LatCrit symposium. Fifteen years later Professor Chang uses the occasion of the current Symposium to revisit conversations with Keith about centering the immigrant in political theory, as he addresses the issue of immigration, the rights of immigrants, and what is to be our national self-conception. What follows is a sketch that shows how centering the immigrant exposes the inattention paid to the immigrant and the issue of immigration in social contract theory. It focuses on how the immigrant might be …
Diversity Within Racial Groups And The Constitutionality Of Race Conscious Admissions, 2012 Seattle University School of Law
Diversity Within Racial Groups And The Constitutionality Of Race Conscious Admissions, Vinay Harpalani
Faculty Articles
This Article offers a novel doctrinal resolution of the key issues in Fisher v. Texas, the impending Supreme Court case which involves race-conscious admissions policies at the University of Texas at Austin ("UT"). The resolution proposed here addresses Justice Anthony Kennedy's concerns about race-conscious policies, but also preserves most of the Courts 2003 Grutter v. Bollinger ruling, in spite of the fact that Justice Kennedy dissented in Grutter. Substantively, the Article clarifies the key issues in Fisher (the meaning of "critical mass" and the scope of deference that courts give to universities) by focusing on a simple idea that permeates …
American Skin: Dispensing With Colorblindness And Critical Mass In Affirmative Action, 2012 Seattle University School of Law
American Skin: Dispensing With Colorblindness And Critical Mass In Affirmative Action, Deirdre Bowen
Faculty Articles
This exploratory empirical work examines whether students of color enjoy the benefits articulated by the U.S. Supreme Court in the Grutter decision that rationalized the continuation of affirmative action based on diversity interests. Specifically, the Court stated that affirmative action was permissible because students of all backgrounds would increase their racial understanding and decrease their racial stereotyping of minorities. Neither side was happy with the decision—both skeptical that such benefits could transpire for minority students. Yet, in the heat of continuing debate, neither group has empirical support for their arguments until now.
Using survey data of over 370 under-represented minority …
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, 2012 Villanova University Charles Widger School of Law
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Villanova Law Review
No abstract provided.
Family, Cubicle Mate And Everyone In Between: A Novel Approach To Protecting Employees From Third-Party Retaliation Under Title Vii And Kindred Statutes, 2012 Cleveland State University
Family, Cubicle Mate And Everyone In Between: A Novel Approach To Protecting Employees From Third-Party Retaliation Under Title Vii And Kindred Statutes, Matthew W. Green Jr.
Law Faculty Articles and Essays
This article joins the discussion of when employees should be protected against third-party retaliation under Title VII of the Civil Rights Act of 1964 and analogously worded statutes. In Thompson v. N. Am. Stainless, LP., 131 S.Ct. 863 (2011), the U.S. Supreme Court held that third-party retaliation was cognizable under Title VII, an issue that had divided the lower courts for decades. Prior to Thompson, lower courts that recognized the viability of such claims often imposed limits on the classes of relationships for which third-party retaliation was unlawful. For instance, courts often found such claims viable where after an employee …
Global Health Law Norms And The Ppaca Framework To Eliminate Health Disparities, 2012 Cleveland State University
Global Health Law Norms And The Ppaca Framework To Eliminate Health Disparities, Gwendolyn R. Majette
Law Faculty Articles and Essays
This Article analyzes how PPACA constitutes framework legislation that complies with global health law norms protecting a right to health in its approach to the reduction of health care disparities for racial and ethnic minorities in the United States. Part I identifies the global health laws that impose a duty on the United States to eliminate health disparities for people of color. Part II analyzes the legislative framework that PPACA creates to protect the right to health and eliminate health care disparities. Finally, Part III concludes with my recommendations on future efforts to reduce and eliminate health care disparities for …
Subordinate Bias Liability, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
Subordinate Bias Liability, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Responses To The Five Questions, 2012 Duke Law School
Responses To The Five Questions, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, 2012 Southern Methodist University, Dedman School of Law
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …