All In The Family,
2010
Boston University School of Law
All In The Family, Angela Onwuachi-Willig, Jacob Willig-Onwuachi
Faculty Scholarship
Your essay “Pregnant Man?” highlights many significant issues concerning the intersection of law, gender, sexuality, race, class, and family. In an earlier article A House Divided: The Invisibility of the Multiracial Family, we explored many of these issues as they relate to multiracial families, including our own. Specifically, we, a black female-white male married couple, analyzed the language in housing discrimination statutes to demonstrate how law and society function together to frame the normative ideal of family as heterosexual and monoracial. Our article examined the daily social privileges of monoracial, heterosexual couples as a means of revealing the invisibility of …
Bobbitt, The Rise Of The Market State, And Race,
2010
Southern Methodist University, Dedman School of Law
Bobbitt, The Rise Of The Market State, And Race, George A. Martinez
Faculty Journal Articles and Book Chapters
The importance of Philip Bobbitt’s seminal works is already being recognized as on par with such classics as Thomas Hobbes' Leviathan. In these books, Bobbitt argues that the nature of the state is changing in a fundamental way in that our country is shifting from a nation-state into a market-state. Bobbitt's theories have profound significance for many areas of law which scholars are just beginning to explore. This article is seeking to fill a gap in the literature by considering the implications of his views in the area of race and immigration law. Specifically, the article contends that Bobbitt's theories …
Race, American Law And The State Of Nature,
2010
Southern Methodist University, Dedman School of Law
Race, American Law And The State Of Nature, George A. Martinez
Faculty Journal Articles and Book Chapters
This article advances a new theoretical framework to help explain and understand race and American law. In particular, the article argues that we can employ a philosophical model to attempt to understand what often occurs when the dominant group deals with persons of color. The article contends that when the dominant group acts with great power or lack of constraint, it often acts as though it were in what political philosophers have called the state of nature. Thus, this article argues that there is a tendency for the dominant group to act as though it were in the state of …
Ada Lois Sipuel Fisher: How A “Skinny Little Girl” Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education,
2010
University of Oklahoma Norman Campus
Ada Lois Sipuel Fisher: How A “Skinny Little Girl” Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education, Cheryl B. Wattley
Oklahoma Law Review
No abstract provided.
Racial Paradox In A Law And Society Odyssey,
2010
University of Washington School of Law
Racial Paradox In A Law And Society Odyssey, Mario L. Barnes
Articles
No abstract provided.
A Post-Race Equal Protection?,
2010
University of Washington School of Law
A Post-Race Equal Protection?, Mario L. Barnes, Erwin Chemerinsky, Trina Jones
Articles
No abstract provided.
Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N’Cobra) And Its Antecedents,
2010
Washington University in St. Louis School of Law
Historic And Modern Social Movements For Reparations: The National Coalition Of Blacks For Reparations In America (N’Cobra) And Its Antecedents, Adrienne D. Davis, Adjoa A. Aiyetoro
Scholarship@WashULaw
Most of the legal scholarship on reparations for Blacks in America focuses on its legal or political viability. This literature has considered both procedural obstacles, such as statutes of limitations and sovereign immunity, as well as the substantive conception of a defensible cause of action. Indeed, Congressman John Conyers introduced H.R. 40, a bill to study reparations, in 1989 and every Congressional session since, and there have been three law suits that have received national attention. This Essay takes a different approach, considering reparations as a social movement with a rich and under-explored history. As Robin Kelley explains, such an …
Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom,
2010
Washington University in St. Louis School of Law
Making Up Is Hard To Do: Race/Gender/Sexual Orientation In The Law School Classroom, Adrienne D. Davis, Robert S. Chang
Scholarship@WashULaw
This exchange of letters picks up where Professors Adrienne Davis and Robert Chang left off in an earlier exchange that examined who speaks, who is allowed to speak, and what is remembered. Here, Professors Davis and Chang explore the dynamics of race, gender, and sexual orientation in the law school classroom. They compare the experiences of African American women and Asian American men in trying to perform as law professors, considering how makeup and other gender tools simultaneously assist and hinder such performances. Their exchange examines the possibility of bias that complicates the use of student evaluations in assessing teaching …
Introduction To The Symposium: The Politics Of Identity After Identity Politics,
2010
Washington University in St. Louis School of Law
Introduction To The Symposium: The Politics Of Identity After Identity Politics, Adrienne D. Davis
Scholarship@WashULaw
The Essays in this volume seek to shed some light on the politics of identity after the 2008 Presidential election in which identity politics dominated. To explore how 2008 and its aftermath have shifted both academic and political debates, Professor Adrienne Davis invited scholars from a variety of disciplines who embrace diverse methodologies—political theory; cultural studies; history; and law. These authors explore identity politics as a field of academic inquiry; a cultural discourse; a legal claim; a negotiation of institutions and power; and a predicate for political alliances. Collectively, the Articles both develop new frameworks and intervene in old ones …
A Bittersweet Heritage: Learning From The Making Of South African Legal Culture,
2010
New York Law School
A Bittersweet Heritage: Learning From The Making Of South African Legal Culture, Stephen Ellmann
Articles & Chapters
This essay responds to Martin Chanock's argument that race tainted the entire enterprise of South African judging. It seeks to understand how that could have been so, and looks to such driving forces as whites' guilt, denial, identity-building, self-protection, and legitimation for explanations. Then it asks whether an institution so tainted should now be altogether abandoned as part of the rebuilding of post-apartheid South Africa. The essay answers that much should be changed, but that the existence of a judiciary laying claim to a special expertise and responsibility in interpreting law and protecting rights a key heritage of the old …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform,
2010
University of Richmond School of Law
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw,
2010
Saint Louis University School of Law
Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo
All Faculty Scholarship
The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …
Supporting Inclusiveness At Seattle U. And In The Law,
2010
American University Washington College of Law
Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Discovering Identity In Civil Procedure (Book Review),
2010
University of Miami School of Law
Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
Post-Racialism In The Inner-City: Structure And Culture In Lawyering,
2010
University of Miami School of Law
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
To Be Muslim Or "Muslim-Looking" In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century,
2010
Georgetown University Law Center
To Be Muslim Or "Muslim-Looking" In America: A Comparative Exploration Of Racial And Religious Prejudice In The 21st Century, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
This Essay begins with a confession. In taking implicit association tests ("IATs") designed to measure my unconscious attitude toward two particular demographic groups, I discovered that I, an African-American, harbored a "slight automatic preference" for Europeans over blacks and for "other people" over "Arab-Muslims." Both of these results were contrary to my professed or conscious assertions of neutrality. Why would a pro-integration scholar who seeks to promote cross-racial understanding and inclusion exhibit such implicit biases? And why is it that a majority of others who take these tests register similar implicit biases? The point of my confession is to underscore …
First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination,
2010
University of New Mexico - School of Law
First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination, Dawinder S. Sidhu
Faculty Scholarship
This Article is concerned with shedding light on Iqbal. It will argue that this relatively obscure legal opinion may be one of the most infamous and harmful to American jurisprudence and individual rights of this generation. In particular, it will argue that (1) the Iqbal Court misapplied the traditional pleading standards that govern motions to dismiss for failure to state a claim in finding Iqbal’s particular complaint deficient and, in doing so, functionally and needlessly heightened those standards;19 and (2) the Court erred in finding unremarkable Iqbal’s allegations that the government engaged in blanket racial profiling of Muslims and Arabs …
Arizona's Notice Of Claim Statute: Guidance On Clearing This Procedural Hurdle And Suggestions For Its Improvement,
2010
University of New Mexico - School of Law
Arizona's Notice Of Claim Statute: Guidance On Clearing This Procedural Hurdle And Suggestions For Its Improvement, Dawinder S. Sidhu
Faculty Scholarship
The Arizona Constitution empowers the legislature to establish rules for how and under what circumstances the State may be sued. Pursuant to this constitutional authority, the Arizona State Legislature enacted Arizona Revised Statutes Section 12-821.01, which requires those with claims against an Arizona public entity or employee to file notice of the claims prior to the initiation of legal action. This procedural prerequisite to initiate a suit may be prudent as a matter of public policy. In practice, however, the state courts have been unable to issue reliable decisions with respect to the statute’s requirements. The state courts’ evolving understanding …
The Future Of The United States Commission On Civil Rights,
2010
University of New Mexico - School of Law
The Future Of The United States Commission On Civil Rights, Dawinder S. Sidhu
Faculty Scholarship
In The Future of the U.S. Commission on Civil Rights, Professors Lisa Crooms and Dawinder Sidhu discuss the potential for expanding the mandate of the Commission. Professor Crooms opens by noting that suggestions to expand the Commission’s mandate to include human rights have been around for decades, and argues that such ideas are still worth adopting. She comments that the Commission would have to engage in extensive fact-finding in order to justify such an expansion. Professor Crooms raises further concerns over manipulation of the appointment process for commissioners, but that such manipulation has not necessarily jeopardized the Commission’s role. Indeed, …
Seeking Educational Self-Determination: Raza Studies For Revolution,
2010
University of New Mexico - School of Law
Seeking Educational Self-Determination: Raza Studies For Revolution, Margaret E. Montoya, Marcos Pizarro, Monica Nanez, Ray Chavez, Nadine Bermudez
Faculty Scholarship
This article is a multi-textured effort to explain the educational, social justice work of MAESTR@S, an innovative, organic group of educational activists fighting to address the needs of Latina/o youth. It is unlike anything we have ever written and probably unlike anything you are likely to read in an academic journal such as Equity & Excellence in Education.We do not have a well-defined result that we are reporting to you. Instead, we see ourselves on a quest, with a deep concern about the current educational choices facing most raza youth and their teachers, and a commitment to try to work …
