• The Journal of Gender, Race & Justice


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

  • 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. ...

  • 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...

  • The Expansion of Video Conferencing Technology in Immigration Proceedings and Its Impact on Venue Provisions, Interpretation Rights, and the Mexican Immigrant Community

    Background And Recent Developments Promoting Use Of Video Conferencing Technology II. Immigration Removal Hearings A. Recent Development Problems with VC Technologies B. The EOIR Response to the Circuit Split III. Interpretation Treated As Translation IV. Social Concerns With Using Translation V. Regulatory Attempts To Court Interpretation Policy VI. The Effect Of Translation And Vc On The Mexican Immigrant Community VII. Conclusion

  • To Err Is Human ART Mix-ups: A Labor-Based, Relational Proposal

    Art Mistake And Mix-Up Stories II. Proposed Model Act´S Provisions Regarding Parentage III. Statutory And Common Law Inadequacy In Art Mix-Up Cases A. Contract 1. In case I am mistakenly given the wrong gamete or wrong embryo: 2. In case my gamete or embryo is mistakenly given to someone else: B. Intent Standard C. Statutory Uniform Parentage Act (UPA) Provisions D. Genetics IV. Proposed Alternative A. A Labor-Based Theory of Parentage B. Proposed Labor-Based Priorities C. Relational, Child-Centeredness V. Conclusion

  • A Law-Policy Proposal to Know Where Babies Come From During the Reproduction Revolution

    Introduction II. Distinguishing Features Of Ar As A Field Of Medicine A. Existing AR Features B. AR in the Future III. A Proposal For Public Accountability In Ar IV. Conclusion

  • Markets, Subsidies, Regulation, and Trust: Building Ethical Understandings into the Market for Fertility Services

    Introduction II. The Market For Fertility Services III. The Intersections Of Markets And Ethics A. Jurisdiction Shopping: Prohibition and the Creation of Black MarketB. Jurisdiction Shopping: The Race to the Bottom 1. Jurisdiction Shopping: Corporate Location and Gamete Supply 2. Jurisdiction Shopping: Individual Consumers and International Demand 3. Classic Jurisdiction Shopping: Competition for Price and Quality C. Regulation: Subsidization and Demand-Side Changes D. Regulation and Trust III. What Is Happening In Australia? IV. The Model Assisted Reproductive Technology ACT: Application Of Research

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