Term
| Which president was instrumental in civil rights legislation? |
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Definition
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Term
| Requirements put into the Act over voting |
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Definition
1) right to vote not contingent
2) strict standard of liability
3) placed enforcement responsibility in hands of committed executive branch, gave right to intervene on basis of presumptive evidence of discrimination |
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Term
1965 Voting Rights Act
(LBJ) |
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Definition
- LBJ wants to carve his name into society
- prohibited any changes in voting statutes w/o preclearance from Feds (creating an enforcement muscle)
- strict liability standard (substantive rationality) took mechanics of voting process out of local officials hands
- structural/collective problem. treats discrimination as an act of one individual against another.
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Term
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Definition
1955 court eliminated dual school systems with "all deliberate speed"
segregated schools violated 14th amendment for black students (equal protection)
overruled Plessy v Ferguson "separate but equal" facilities |
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Term
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Definition
Lovings (white male and black female) got married in DC, but lived in Virginia. Police broke into their home (1963) hoping to find them having sex (breaking 2 laws). so Miscegenation laws were ruled unconstitutional in 1967, allowing interracial marriage because 14th amendment equal protection of the laws
-this is also used for same-sex marriage now |
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Term
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Definition
- law and social change both mutually elaborate one another. Social change is when social structures change; can be incremental (tobacco), comprehensive (minorities/women), revolutionary (Russia)
- rights/liberties/wealth,equality- bringing these benefits to people deprived of them.
- Society as IV, law as DV: automobiles, computers, terrorism, internet
- Law as DV, society as IV: legal contracts, prohibition, Brown v Board, Miranda rights
- law's capacity to mold society is limited: law can't control attitudes. state needs external machinery to put law in motion & if they can't enforce it, they can't change behavior. Law is ambigious (rape v sex; distinction is not clear). Law has pathological effects.
- Some laws don't have intent to make social change
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Term
| Examples of law implementing social change & vice versa |
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Definition
Voting rights act 1965
Civil rights act 1964
resistance to legal changes |
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Term
| Scientific Jury Selection |
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Definition
| the use of social science techniques (small focus groups, shadow juries, surveys) to find a good juror. No evidence that this is effective. No way to test or verify. It's unethical because it manipulates human perception. |
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Term
| Who stated the jury is a "free school" training citizens and the responsibility of citizenship? |
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Definition
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Term
| 3 questions on Rape Reform |
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Definition
have not increased reports/arrests, more or less problematic-not successful
Rape Shield doesn't appear to apply well when sexual history applies.
Rape shield legislation: applies to language of evidence.
Reformers ignored: language in court
Threefold Purpose: retribution, incapacitation, deterrence |
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Term
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Definition
compared aggravated assault and rape trials. comparative work. trials negative efects on victims due to adversary system. doesn't agree with feminist view on gender specification of rape victims.
claims degradation ceremony endured by victims on the stand is a product of adversary system. found sources of impeachment of credibility, motivation to fabricate, inconsistency. |
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Term
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Definition
adversary system patriarchal:
neutral mediator, empathetic experts, uninterrupted narratives |
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Term
| Professor Matoesian's stance on jury and trial consultants |
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Definition
Vain view. Says this system is useful, charitable, and accurate. It exists, same reason we have religion. It provides a way to make sense, provide meaning, and predict the unknown. Helps manage insecurity of social life.
it's like a security blanket. |
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Term
| What are voting rights contingent on? |
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Definition
| Simple issue. It is contingent on host of other variables. |
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Term
| 3 specific things voting rights act dependent on |
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Definition
right to vote not contingent
strict standard of liability
placed enforcement in hands of executive branch |
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Term
| Why is school segregation in the North more complicated than voting rights? |
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Definition
South is segregated by law
North/West segregated by residential patterns |
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Term
| What is considered domestic violence and who can say that it is domestic violence? |
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Definition
interferences of one's personal liberties with physical emotional abuse, where BWS and PTSD can occur.
a person who hits. chokes, kicks, threatens, harrasses, inteferes with personal liberty of family member.
family member is: blood/marriage, married or used to be married, share a home/dwelling, have child in common, blood relation through child, dated or dating, people with disabilities and their personal assistants. |
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Term
| What is President Kennedy's stance on civil rights? |
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Definition
| he was concerned with foreign affairs, not race issues. uninterested in civil rights, voting rights, or school segregation. |
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Term
| What did desegregation look like in Southern states after Brown v Board? |
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Definition
| less than 1% of black children went to school with whites. it was ineffective because formal legal rationality. |
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Term
| Name of process for questioning jurors |
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Definition
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Term
| What is rape shield legislation directly applied to? |
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Definition
| the language of evidence in testimony |
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Term
| "All deliberate speed" is a good illustration of ambiguity in the law |
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Definition
11 southern states were desegregated in "all deliberate speed"
1966 all dual school systems eliminated in "all deliberate speed" |
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Term
| Specific examples on voting rights and desegregation complexities |
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Definition
voting rights: simple (McKlesky v Kemp)
desgregation: Kennedy asked MLK to halt freedom rides b/c kennedy was going to Europe, didn't want to discredit US. |
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Term
| Understand the influences that Rape Reform has brought about convictions, reports, prosecuetion, trial etiquette. |
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Definition
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Term
| Examples of social/technological change that has/can influence law |
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Definition
| automobiles, computers, internet, terrorism, spam, cyberbullying, prohibition |
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Term
| Enforcement Issues (why blacks weren't voting) |
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Definition
1) primaries (whoever won primaries in the south, won the south)
2) poll taxes (blacks couldn't afford the fine to vote
3) literacy tests (a lot of blacks and some whites couldn't read)
4) Grandfather Clause (if your relative voted, then you can vote, regardless of the other requirements)
5) Gerrymandering (political advantage for certain group) |
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Term
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Definition
a law that states that anyone not monogamously married is unnatural and in violation. people that married in the same race had benefits (land). forbids marriage within different races including Chinese/Korean, black, hawaiian (not just whites and blacks)
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Term
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Definition
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Authorized attorney general to file suit on behalf of individuals. Redefined school segregation as collective wrong instead of an individual one.
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Authorized cut-off Federal funds to school districts found to discriminate.
- Opened the door to the strict liability standard.
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