The Journal of Gender, Race & Justice
- Nbr. 10-1, October 2006
- Nbr. 9-3, May 2006
- Nbr. 9-2, January 2006
- Nbr. 9-1, October 2005
- Nbr. 8-3, January 2005
- Nbr. 8-2, October 2004
- Nbr. 8-1, May 2004
- Nbr. 7-2, October 2003
- Nbr. 7-1, May 2003
- Nbr. 6-2, October 2002
- Nbr. 6-1, July 2002
- Nbr. 5-2, May 2002
- Nbr. 5-1, October 2001
- Nbr. 4-2, May 2001
- Nbr. 4-1, October 2000
- Nbr. 3-2, May 2000
- Nbr. 3-1, October 1999
- Nbr. 2-2, January 1999
- Nbr. 2-1, October 1998
- Nbr. 1-1, October 1997
- Keeping It Real: Developing A Culturally And Personally Relevant Legal Writing Curriculum
I. A Culturally And Personally Relevant Curriculum Explained A. Cultural Relevance B. Personal Relevance C. Other Considerations: Learning Styles and Multiple Intelligences II. Importance Of Relevant Curriculum A. Improving the Students´ Academic Success B. Enhancing the Relationship Between the Educator and the Student C. Empowering Learners D. Providing Equal Learning Opportunities E. Preparing for Practice in a Multi-Ethnic and Pluralistic Society III. The Goals Of A Relevant Curriculum A. Improve Students´ Academic Success Through Coursework that Emphasizes the Human Purpose of What Is Being Learned and its Relationship to the Students´ Personal Experiences B. Create the Most Conducive Learning Environment for Students Through Trusting RelationshipsC. Create an Environment that Empowers Students D. Give Students an Equal Opportunity to Learn E. Prepare Students for Practice IV. Developing Relevant Curricula For Law Schools A. Professional Collaboration in Developing a Relevant Curriculum B. Collaboration with Students in Developing a Relevant Curriculum V. Developing A Relevant Legal Writing Curriculum At Sulc A. Discovering What Was Relevant to SULC Students B. Developing Culturally Relevant Materials C. Developing Personally Relevant Materials D. Learning Styles and Multiple Intelligences E. Autonomy Support VI. Developing Relevant Curricula At Other Schools VII. Conclusion Appendix A - Sample Student Questionnaire
- Of Policies, Procedures, and Packing Sheds: Agricultural Incidents of Employer Abuse of the H-2B Nonagricultural Guestworker Visa
I. Introduction II. The Regulatory And Statutory Background Of The H-2B And H-2A Temporary Worker Visas A. The Labor Certification Process for H-2A and H-2B Visa Applications 1. The H-2A Labor Certification Procedures: 20 C.F.R. § 655, Subpart B 2. The H-2B Labor Certification Procedures: 20 C.F.R. § 655, Subparts A & C a. The General H-2B Labor Certification Process: Subpart A b. The H-2B Labor Certification Process for Logging Employment: Subpart C B. Department of Labor´s Proposed Employer Attestation Procedures for H-2B Workers Would Replace Labor Certification: Proposed 20 C.F.R. § 655, Subpart A C. USCIS Proposed H-2B Visa Procedures D. New Guestworker Proposals and Recent Legislation E. Description of the Problem: Labor Certification Abuse in General and in Agriculture Specifically F. Applicable Principles of Administrative Law: Judicial Review of Agency Interpretations G. H-2B Cases: Martinez, Daylily Farms, Dattner Architects, and Sterling Onions III. Legal And Policy Arguments In Favor Of More Protective H-2B Labor Certification Procedures A. Legal Arguments for More Protective H-2B Labor Certification Procedures 1. Regulatory Interpretation: H-2B "[P]olicies" in Subpart A Means H-2A "Procedures" in Subpart B 2. Statutory and Regulatory Interpretation: H-2A "Agricultural Labor" Should Include More H-2B Workers B. Policy Arguments for More Protective H-2B Procedures 1. Employers Should Be Deterred from Hiring Temporary Foreign Workers Because Low-Skilled U.S. Labor Shortages Are a Myth 2. The DOL and USCIS Should Abandon the Proposed H-2B Employer Attestations Because Labor Certification Better Protects U.S. and Foreign Workers IV. Solutions: Legal Reform And Labor Solidarity A. H-2B Labor Certifications Should Follow Improved H-2A Procedures B. The U.S. Labor Movement Must Unite Workers Regardless of Immigration or Citizenship Status V. Conclusion
- Labor as Property: Guestworkers, International Trade, and the Democracy Deficit
I. Introduction II. Commodification, Globalization, And The Democracy Deficit A. Commodification of Labor in Historical Context B. Globalization Heightens the Commodification of Labor C. The Democracy Deficit: Workers Lacking Voice in Politics and at Work III. A Muffled Voice For Guestworkers A. Historical Lessons: The Problems of the Braceros B. H-2A, H-1B, and H-2B Workers C. Objections to Expanded Guestworker Programs 1. Policy and Political Objections 2. The Thirteenth and Fourteenth Amendments: Consent and Full Personhood 3. Democracy Deficit Problems with Guestworker Programs . International Labor Rights: The (Missing) Connection between ILO Principles and Guestworker Programs IV. Giving Voice To Guestworkers A. Recent Guestworker Proposals B. The Problem of Enforcement: The Hoffman StoryC. Alternate Models to Give Guestworkers Greater Voice at their Workplaces V. Conclusion
- Opportunistic Hate Crimes Targeting Symbolic Property: When Free Speech Is Not Free
I. Introduction II. Background A. An Overview of Hate CrimesB. Legislative Responses to Bias-Motivated Crimes C. The Constitutional IssuesIII. Analysis A. Integrating Opportunistic Hate Crimes into Current Legislation B. Applying the Principle of Felony Murder to Opportunistic Hate Crimes C. The Proposed Approach Is Consistent with Current Hate Crime Legislation D. The Proposal Is Constitutional Because it Prohibits Speech That Is Not Protected Under the First Amendment E. The Constitutional Calculus Approach IV. Conclusion
- Immigration, Race, and Economic Globalization on the U.S.-Mexico Border: Tangled Histories and Contemporary Realities
I. Race, Economic Globalization, And Identity In The United States: A Historical PerspectiveA. Race and Political Order B. Economic Expansion and the Construction of National Identity C. New Markets, New RacesII. United States Trade And Immigration Policy: The Never-Ending Tension A. Mexican Immigrants and the Politics of ImmigrationB. Foreign Investment, Free Trade, and Migration III. Immigration And Social Networks A. Immigrant Networks and Labor MarketsB. Immigrant Networks and Global Production C. Globalization and Immigrant Labor: The Case of the Apparel Industry V. The "Hispanic Challenge:" Multiculturalism, Globalization, And Contemporary Racial OrderVI. Conclusion
- Out of the Frying Pan and into the Quarantine: Why 8 U.S.C. § 1182 s HIV-AIDS Exclusion Should Not Apply to Refugees Seeking Entry into the United States
I. Introduction II. Background A. A Short History of 8 U.S.C. § 1182 B. The 1993 Haitian Refugee Crisis and the Subsequent AIDS Quarantine at Guantanamo Bay III. Legal Analysis Of § 1182 A. The HIV Exclusion Violates Public Policy B. The HIV Ban Does Not Stem the Spread of AIDS 1. HIV Testing Increases Health Risks Because of Inherent Flaws in the Testing Procedures a. HIV Test Results are Plagued by False-Positives b. HIV Testing Yields False-Negatives. c. Mandatory Testing Instills a False Sense of Security. 2. The Threat of Deportation or Repatriation Under § 1182 Drives Many HIV-Positive Aliens Underground, thus Heightening this Risk of Exposure. 3. Trading Mandatory Testing for Counseling and Public Health Education, which are the Most Effective Tools in the Fight Against AIDS. C. Excluding HIV- Positive Refugees Damages U.S.Human Rights Credibility and Leads to Copycat Legislation Internationally D. The HIV Ban, as Applied to Refugees, Violates International Human Rights Norms 1. § 1182, as Applied to Refugees, Violates the Internationally Customary Norm of Nonrefoulment. 2. Detaining HIV-Positive Refugees Under § 1182 Deprives Them of Their Fundamental Right to Adequate Health Care 3. Indirect Human Rights Violations IV. Policy Recommendation: Immunize Political Refugees From The Exclusionary Effect Of § 1182 And Institute A Comprehensive Hiv/Aids Counseling/Education Program For All Legal Immigrants V. Conclusion
- The Return of Lochnerizing: The Iowa Supreme Court´s Invalidation of Gambling Taxes
I. Introduction II. Background III. The Tax Rate Must Be Considered Under The Federal Equal Protection Clause A. The U.S. Supreme Court´s Finding Under the Federal Equal Protection Clause B. The Iowa Supreme Court´s Application of the State Equal Protection Clause IV. Interaction Of The Rational Basis Test And Iowa´s Tax Classifications A. The Proper Application of Rational Basis B. The Reasonableness of Tax Classifications V. Plausible Policy Reasons For The Differential Tax Rates A. Racetracks and Riverboats Are Not Similarly Situated B. Legitimate State Interests C. Differential Tax Rates Based on Geography VI. The Return Of Lochnerizing In The Iowa Supreme Court A. The History of Lochnerizing B. Lochnerizing and the Iowa Supreme Court Decision VII. Impact Of The Iowa Supreme Court´s Decision A. Action Taken by the Iowa Legislature B. Grounds for Future Equal Protection Challenges to Tax Statutes VIII. Conclusion
- Protecting the President from Protest: Using the Secret Service s Zone of Protection to Prosecute Protesters
I. Introduction . II. Presidential Security And The Origin Of § 1752. A. The Legislative History of § 1752. B. The Role of the Secret Service in Presidential Protection . 1. Securing President Bush´s October 2002 Visit to Columbia, South Carolina . 2. Restricted Areas and the Secret Service´s Policy on Free Speech . III. Public Forum Doctrine Overview. IV. Designated Public Forum Analysis. A. An Intersection Is Usually a Traditional Public Forum . B. The Restricted Area Was a Designated Public Forum . 1. Intent to Open the Intersection to Speech. 2. Restricted Areas Are Not Traditionally Open to Speech. 3. The Compatability of the Restricted Area with Speech . C. Rules Applicable to Designated Public Forums . 1. Content Neutrality. 2. Strict Scrutiny Review Appropriate . 3. Time, Place, and Manner Restrictions Subject to Intermediate Scrutiny . V. Nonpublic Forum Analysis . VI. Conclusion .
- Utopian Dreams and Harsh Realities: Who Is in Control of Assisted Reproductive Technologies in a High-Tech World?
I. Introduction II. Utopian Dreams: What Are The Terms Of Scientific Success? A. The Utopian Literature B. Utopian Themes: The Downside of the Dream III. Current Regulation Of ARTA. The Moral Basis for Regulation of Reproductive Technologies B. The Current Regulatory Framework C. Analysis of the Legal Framework IV. Theory Meets Reality: Motherhood, Work, And Infertility A. Women´s Work and the Information Gap B. Infertility and the Sound of Silence V. Technology, The Human Spirit, And The Human Condition A. Can Technology Solve Social Problems? B. Filling in the Silence VI. Conclusion
- Combating Hate Crimes Against Sikhs: A Multi-Tentacled Approach
I. Introduction II. Pertinent Background On Sikhs And Sikhism III. History And Background Of Hate Crime Legislation A. The Evolution of Discrimination Law B. Osama bin Laden´s Legacy of Violence in American Society C. Hate Crime as a Specific Class of Crime D. Weaknesses in Hate Crime Legislation 1. Deterrence 2. Punishment IV. The Role Of The Police A. Racism Inside the System B. Hate Crime Training C. Community Mistrust of Police D. Police as Perpetrators E. Message from Above: Court Officials Failing to Show Respect V. Hate Crime Statutes VI. Solutions A. Criminal Statutes 1. Sentence Enhancement 2. New Substantive Crimes 3. Drafting Caveats VII. Police Solutions VIII. Public Officials IX. The Bureaucratic Structure Itself May Be Changed X. Conclusion
- Unfinished Business: The Fading Promise of ADA Enforcement in the Federal Courts Under Title I and its Impact on the Poor
I. The Fading Promise Of Title I Of The Ada. A. Congress Intended the ADA to Bring about a "Culture Shift". B. The ADA Has Only Partially Begun to Fulfill Its Promise . 1. Non-Title I Rights.2. Title I Rights. C. Why Has Title I Failed to Contribute to a Cultural Shift? D. Title I...
- Of Square Pegs and Round Holes: The Supreme Courts Ongoing
I. What's In A Number? Sutton, Williams, And The Creation Of A Red Herring. A. Sutton v. United Air Lines, Inc.: The Court's Curious New Math.B. Toyota Motor Manufacturing v. Williams: Leaving Math Behind.II. Rounding Off The Peg: Fitting The Ada Into The Title VII Model. A. Reciprocal versus Non-re...
- Constructing the Trannie:Transgender People and the Law
Prelude: author´s notes. I. Introduction II. Constructing the transgender person: building blocks III. Case constructions IV. When law attempts to solve real life issues V. Now All We Have To Do Is Solve All The Problems: Solutions VI....
- The Myth of Independence and the Major Life Activity of Caring
I. Legal Framework For Identifying Major Life Activities. II. Feminism In The Forefront Of Valuing Care.A. Making Care Work Visible. B. Valuing Care.1. Individual Importance .2. Universal Importance .3. Social and Economic Importance .4. Ethical Importance. III. Feminism's Broader Contributions To ...
- Protecting the President from Protest: Using the Secret Service s Zone of Protection to Prosecute Protesters
I. Introduction . II. Presidential Security And The Origin Of § 1752. A. The Legislative History of § 1752. B. The Role of the Secret Service in Presidential Protection . 1. Securing President Bush´s October 2002 Visit to Columbia, South Carolina . 2. Restricted Areas and the Secret Service´s...
- Academic Freedom and Freedom of Speech: Communicating the Curriculum
I. Introduction II. The First Amendment Does Not Grant Teachers A Constitutionally Protected Right Of Academic Freedom A. Extramural Academic Freedom 1. The Rhetoric of the Post-McCarthy Era 2. Free Speech For Public School Teachers And Students: Pickering And Tinker 3. The Boundaries Of Pickering...
- Girls in America: Sex and Deviancy in the Age of HIV/AIDS
I. Today's "American Girl". II. Talking Girl Talk. A. Just Another Girl? III. What Happened To The Promise Of Juvenile Justice? A. The Illinois Juvenile Court Act. B. Illinois Consent by Minors to Medical Procedures Act. C. Illinois Juvenile Court Act of 1997 and the Illinois County...
- Justice for All? Stories about Americans with Disabilities and Their Civil Rights
I. Introduction II. Disability Civil Rights Stories A. ADA Title I 1. Don Perkl and Chuck E. Cheese: Disability Stigma 2. Daniel Schwartz and Electronic Data Systems (EDS): Definition of Disability or Stigma 3. Mario Echazabal and Chevron: Paternalism and Title I´s "Direct Threat"...
- Model Assisted Reproductive Technology Act
Sara Cotton, Sara HiIl, Anne F. Hirstein, Jessica L. James; Alissa D. KIein, Elizabeth A. KIotzer, Jamie Lai, RobertA. Lawler, Debra Fischer Leege, Kristofer J. Lyons, MalindaMorain, Michelle J. Roddy, Matthew M. Rice, Rhonda Stout, Katherine StroebI, and Lisa C. Williams....
- Protection Or Privilege? Reasonable Accommodation, Reverse Discrimination, and the Fair Costs of Repairing Recognition for Disabled People in the Workforce
Recent Supreme Court decisions characterize "reasonably accommodating" the disabled as imposing misrecognition costs on the nondisabled. The Court conceptualizes reasonably accommodating disabled individuals in the workforce as a particular kind of preference that the Americans with...