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Deconstructing the Ideology of White Aesthetics
In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has played out in Black-White relations and in relations between Asian Americans and Whites, and how it may be used to shed new light both on race relations and on behavior within communities of color. The author concludes by addressing potential counter-arguments.Race-Conscious Diversity Admissions Programs: Furthering a Compelling Interest
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program aimed at promoting diversity. The Article concludes by describing the ideal diversity program and why Asian Americans, in particular, should support these programsIn Sisterhood
A review of Where Is Your Body? by Mari MatsudaUnderstanding “Rights” in Contemporary American Discourse
A review of Legal Rights: Historical and Philosophical Perspectives edited by Austin Sarat and Thomas R. KearnsA Country Within a Country: Redrawing Borders on the Post-Colonial Sovereign State
This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First Nations because it requires the people within the territory of the state to have no allegiance apart from the state. Yet the author concludes that it is precisely this doctrine of sovereignty that may lead to some possibility for reconciliation. International organizations, created in the post-war era in response to the realization that global problems need global administration, offer a model, in that they have international administrative jurisdictions directly in contravention of the territorial sovereignty of states. The author argues that territory is no longer necessarily the characteristic of a political entity in the international arena, and therefore it is possible to imagine the recognition of stateless nations as subjects of international law.Toward a South African Administrative Justice Act
Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.Watching the Watchdog: Security Oversight Law in the New South Africa
This Article attempts to assess the experiences of post-apartheid South Africa in the realm of national security law by examining key issues from constitutional, statutory, and policy perspectives. It observes that South Africans now have a great "window of opportunity" that allows them to establish the habits and mores necessary to a working security oversight regime, and argues that the way in which South Africa strikes a balance between the requirements of national security and the preservation of personal liberties is of enormous importance to the Republic's future. It further contends that South Africa's choices in this arena could have significant implications and/or hold important lessons for other democracies around the world. The Article concludes by making recommendations for the proper role of the legislative, executive, and judicial branches in South African security oversight law.Moving from Colonias to Comunidades: A Proposal for New Mexico to Revisit the Installment Land Contract Debate
Communities of Mexican Americans in the Southwest, known as colonias, have provided many low-income buyers with affordable opportunities. Affordability, however, comes at a high price for the colonias residents. Most of the buyers live in colonias pursuant to installment land contracts, devices which allow buyers to spread the purchase price of property over a number of years but leave them without legal title or equity under New Mexico law. The buyers sacrifice their legal rights to "own" small, unimproved lots of land in developments that are often without electricity, gas, a sewage system, and indoor plumbing. The author argues that New Mexico could allocate rights to buyers under installment land contracts while maintaining the reasonable cost of colonias housing and preserving the communities. She posits several alternatives for the state legislature and judiciary, including the adoption of a statutory definition which treats the contracts as mortgages and a more flexible interpretation of the forfeiture clauses in the contracts pursuant to mortgage and contract law. The Note concludes with suggested outreach strategies to inform colonias residents of their rights under installment land contracts and to provide them with legal assistance to enforce their rights.Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, and the Fiction of Consent
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes that would pass constitutional muster.Moving Ground, Breaking Traditions: Tasha’s Chronicle
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
