• The Journal of Gender, Race & Justice

Description:

Our conception of justice looks beyond legal rights to how fairness, equity and respect delineate the boundaries of what legal justice must, at a minimum, entail. We include all struggles against oppression within this conception. We seek to invoke a vision of justice that is without fear, a vision that allows us to be who we are as we are, without sanction or penalty. We encourage personal and social responsibility towards achieving this vision, and we welcome all viewpoints and ideas that are expressed with respect and collegiality.

Latest documents

  • Keeping It Real: Developing A Culturally And Personally Relevant Legal Writing Curriculum

    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 Empo...

  • Of Policies, Procedures, and Packing Sheds: Agricultural Incidents of Employer Abuse of the H-2B Nonagricultural Guestworker Visa

    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 Specifical...

  • Labor as Property: Guestworkers, International Trade, and the Democracy Deficit

    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 Hoffm...

  • Opportunistic Hate Crimes Targeting Symbolic Property: When Free Speech Is Not Free

    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

    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

    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. ...

  • A Lesbian Centered Critique of Genetic Parenthood.

    Introduction II. Lesbian Legal Theory III. The Critique Of Biology IV. Changing Technology And Changing Social Patterns Have Created Opportunities For Change A. Reproductive Technologies B. Genetic Mapping and Screening C. The Changing Social and Legal Scene V. Conclusion

  • The Return of Lochnerizing: The Iowa Supreme Court´s Invalidation of Gambling Taxes

    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...

  • Protecting the President from Protest: Using the Secret Service s Zone of Protection to Prosecute Protesters

    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...

  • Utopian Dreams and Harsh Realities: Who Is in Control of Assisted Reproductive Technologies in a High-Tech World?

    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

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