Journal of Gender, Race and Justice articles

Recent articles from Journal of Gender, Race and Justice

The Statute Whose Name We Dare Not Speak: EMTALA and the Affordable Care Act
January 1, 2013... 1. INTRODUCTION Scholars and activists have long suggested that every judicial or legislative victory for civil rights is tempered by the fact that the new rights won must be incorporated within a system largely designed to maintain the status quo. (1) This Article examines this tension by...

The Exchange of Inmate Organs for Liberty: Diminishing the "Yuck Factor" in the Bioethics Repugnance Debate
January 1, 2013... Mississippi Governor Haley Barbour announced the release of Jamie and Gladys Scott on December 29, 2010 (1) This decision indefinitely suspended their double life sentences and freed them after sixteen years in prison for armed robbery. (2) The price of their liberty: Gladys's kidney. (3) ...

Promissory Estoppel: A Call for a More Inclusive Contract Law
January 1, 2013... B. The Exclusive View of Marriage Opponents of same-sex marriage respond to the above with the following arguments. First, they stress the differences between same-sex marriage and opposite-sex marriage. (153) Ignoring the fact some same-sex couples do have biological or adopted children,...

Promissory Estoppel: A Call for a More Inclusive Contract Law
January 1, 2013... It is conventional wisdom that promissory estoppel is a mechanism for screening enforceable promises, and that it is a secondary and an insignificant doctrine, while consideration is the primary doctrine of contract formation. This Article challenges these two premises. First, focusing on the...

Promoting the General Welfare: Legal Reform to Lift Women and Children in the United States out of Poverty
January 1, 2013... I. INTRODUCTION It is no secret that women have long been economically disadvantaged in the United States. During the nation's first century, laws sanctioned female subjugation. (1) Most notably, the United States legal system adopted the English common law principle of "coverture" whereby...