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Under a Critical Race Theory Lens -- Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy
Get PDFThis critical book review argues that James T. Patterson’s narrative in, Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy, is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how institutions perpetuate racism against social outsiders through the law, Critical Race Theory is an appropriate and valuable lens for considering matters that receive attention in Patterson’s book
Lifting the Pall of Orthodoxy: The Need for Hearing a Multitude of Tongues in and Beyond the Sexual Education Curricula at Public High Schools
Get PDFWhen public high schools promote heterosexuality at the cost of denying sexual minority youth the opportunity to learn about minority sexualities, these schools contribute to the disastrous situation in which many sexual minority high school students find themselves. This approach, which many public high schools take, is unnecessarily destructive and warrants prompt change. Instead of helping to perpetuate many of the challenges that sexual minority students face in high school, public high schools can and need to help address these challenges. To establish the case for such a position, this article begins by presenting the plight of many sexual minority high school students. Next, the article offers the following suggestions on how public high schools can help sexual minority students deal with their sexualities: forming support groups for sexual minority youth, discussing a wide variety of sexual orientation perspectives when appropriate in classes, instituting diversity training for teachers, and implementing non-discrimination policies that address sexual orientation. In addition, the article demonstrates how the proposed approaches are constitutional under the First Amendment because they do not violate speech rights of public high schools or of students enrolled in such high schools. Finally, the article demonstrates that the proposed approaches are also constitutional under the Fourteenth Amendment because they do not violate the substantive due process liberty rights of the parents of public high school students, regardless of the sexual orientations of the students
Abay v. Ashcroft: The Sixth Circuit’s Baseless Expansion of INA § 101 Revealed a Gap in Asylum Law
No full textA State of Disarray The Knowing and Voluntary Standard for Releasing Claims under Title VII of the Civil Rights Act of 1964
Get PDFThe Heightened Standard of Judicial Review in Cases of Governmental Gender-Based Discrimination: Ruth Bader Ginsburg\u27s Influence on the U.S. Supreme Court in Craig v. Boren
Get PDFThis paper argues that, as an amicus curiae who was working for the American Civil Liberties Union, Ruth Bader Ginsburg influenced the U.S. Supreme Court’s decision-making in the landmark 1976 case of Craig v. Boren. Craig, which received national news coverage from the New York Times, provided women, and men, with greater protection against governmental gender-based discrimination. In making the argument, this paper initially provides a brief, but essential note on heightened scrutiny in equal protection cases. Next, the paper compares the arguments of Ginsburg and Justice William Brennan, who wrote the opinion of the Court. Finally, the paper explains how Ginsburg’s appeal to members of the Court, who recently had exhibited moderate positions on the issues of equal protection and gender, contributed to her success. Essentially, Ginsburg did an excellent job adapting to her audience. Such an insight serves as a reminder that the traditional concept of audience adaptation remains an important consideration for scholars who seek to understand legal rhetoric
Induced Autism The Legal and Ethical Implications of Inoculating Vaccine Manufacturers from Liability
Get PDFA Key Influence on the Doctrine of Actual Malice: Justice William Brennan\u27s Judicial Philosophy at Work in Changing the Law of Seditious Libel
Get PDFIn light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the United States. To advance this central point, the article presents a short history of criticism of the government in the United States before Times v. Sullivan, an overview of Brennan and his judicial philosophy, a summary of Times v. Sullivan, and an application of Brennan’s judicial philosophy to the case
A New Image in the Looking Glass: Faculty Mentoring, Invitational Rhetoric, and the Second-Class Status of Women in U.S. Academia
Get PDFThis article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, and self-determination”. In presenting a case for such an approach, this article initially identifies the current problem by comparing women’s presence and their salaries in U.S. academia in the early 1970s with their presence and salaries in academia today. Next, the article evaluates the types of Title VII cases that the law allows plaintiffs to bring. In doing so, the article highlights the heavy burden of showing discriminatory intent and also will critique previous suggestions for modifying Title VII. Finally, this article justifies faculty mentoring opportunities and invitational rhetoric as an additional approach to addressing the present status of women in U.S. academia
Homeland Security, Pesticide Regulation and Common Household Chemicals: Are We Adequately Protecting All Our Sources
Get PDFIn the aftermath of the terrorist attacks of September 11, 2001, legislators, business owners, consumers and everyday citizens, all with a view of how to protect our interests, voiced their opinions on how to improve national security with patriotic zest. FIFRA\u27s main purpose is to ensure federal regulation of pesticide distribution and use. This power is of particular importance given the terroristic threat of possible chemical warfare. Chemical professionals were cognizant of the importance of site security even prior to the September 11th terrorist attacks. With respect to the risk of terrorist attacks using pesticides or other chemical agents, EPA suggested that those who manufacture, distribute, transport or store pesticides should continue to be vigilant regarding the physical security of those pesticides. An intricate aspect of any response plan is the identification of responders in the event of a terrorist attack. Who regulates pesticides on store shelves? Can anyone walk into a store and buy one bottle of a potentially lethal chemical and, if so, how about a ton of such a compound? Is society at risk of being poisoned by the unregulated sale of pesticides? Are we assisting illicit users by publishing what appear to be innocuous documents on methodologies of pesticide use? Just as a person cannot walk into a store and purchase a firearm without precautionary requirements, so should a potential pesticide or chemical purchaser undergo similar scrutiny
