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
- 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
- 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
- To Err Is Human ART Mix-ups: A Labor-Based, Relational Proposal
I. 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
I. 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
I. 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
- A Lesbian Centered Critique of Genetic Parenthood.
I. 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 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 ...
- Race, Crime and the Pool of Surplus Criminality: Or Why the
- Facing Tyranny with Justice: Alternatives to War in the Confrontation with Iraq
I. Introduction. II. U.S. Policy Toward Iraq: Oil And Intervention. A. The Imperative of Oil. B. Our "SOB" .C. Bleeding Iraq and Iran. D. The Fall From Grace. E. "Desert Holocaust".F.Siege.G. Covert Actions - "Not Missionary Work".H. The War Already Underway .III. The...
- Markets, Subsidies, Regulation, and Trust: Building Ethical Understandings into the Market for Fertility Services
I. 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...
- Part I-Romantic Paternalism-The Ties That
I.Introduction. II. Romantic Paternalism of Old: Law as a Cage. A. Civic Disenfranchisement Under Romantic Paternalism. B. Political Disenfranchisement Under Romantic Paternalism. C.Educational Disenfranchisement Under Romantic Paternalism. D.Economic Disenfranchisement Under Romantic Paternalism....
- The LatIndia and Mestizajes : Of Cultures, Conquests, and LatCritical Feminism
I. Introduction.II. Cultures.A. Latinas as Normativas: Familia y Comunidad.B. Losing Normativity: Latina en los Estados Unidos.C. Mi Descolonización.III. Dlscovering The Latlndia-A Brief Hlstory Of Conquests. A. La Poblacion Indocubana.B. A BriefHistory of Indians and Human Rights.IV. LatCritical...
- Part II-Romantic Paternalism-The Ties That Bind: Hierarchies of Economic Oppression That Reveal Judicial Disaffinity for Black Women and Men
Preface. I. Introduction. II. Black Women and Economic Exploitation: No Romance and No Paternalistic Protection. A. Economic Exploitation of Black Women 's Labor B. Expanded Economic Exploitation 1. Exploitation Shown Through Type of Work Availability 2. Exploitation Shown Through...
- Breaking the Color Line: Zoning and Opportunity in Americas Metropolitan Areas
I. Introduction II. The Problem: Zoning Exclusion And Expulsion. A. Exclusionary Zoning. (i) A History of Exclusion.1. Chinese Laundry Laws.2. Racially Explicit Zoning .3. The Message of Euclid .(ii) Modern Exclusionary Zoning .1. Restrictive Zoning Leads to Increased Housing Costs. 2. High...
- 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...
- 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...