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Anthony Palermo, A Prescription for Complying with the TCPA’s Proscriptions: Zani v. Rite Aid Headquarters Corp. (2017)Clicking on the button will copy the full recommended citation.
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Elizabeth Berenguer, The Color of Fear: A Cognitive-Rhetorical Analysis of How Florida’s Subjective Fear Standard in Stand Your Ground Cases Ratifies Racism, 76 Md. L. Rev. 726 (2017)Clicking on the button will copy the full recommended citation.
Law often functions as a mirror of societal values at a given point in time, but it is also a tool of social construction operating to either reinforce generally acceptable norms or to redefine norms that are no longer generally accepted. Through its use of the subjective fear standard, Florida’s Stand Your Ground functions as a tool of social construction in that it reinforces deeply entrenched racial bias and perpetuates racism by condoning and ratifying behavior consistent with the suspicion heuristic. In this way, it not only declares as acceptable those behaviors that are influenced by racial bias, but it also perpetuates racial bias by further burying individual awareness that the bias even exists.
Study after study confirm that Black men, by virtue of their race, are the most feared individuals in society. The theory of embodied rationality confirms that Americans experience a fear response based on race, a germane, innate biological characteristic that cannot possibly accurately communicate whether the other person is a threat. The suspicion heuristic explains the negative decisions and behaviors that result from the irrational fear created by deep-seated, largely invisible, racial bias.
Viewed through the lens of embodied rationality and particularly the suspicion heuristic, Florida’s Stand Your Ground statutory scheme condones, ratifies, reinforces, and perpetuates both overt and implicit racial bias. American culture is long overdue for major shifts in how it views and perceives race. Until law forces individuals to face the realities of racial bias, however, deep-seated beliefs about the value of Black lives, and the lives of other minorities, will continue to breed in the dark recesses of our minds.
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Ann Piccard, US Legal Writing for International Lawyers and Law Students (West Academic Publishing, 2017)Clicking on the button will copy the full recommended citation.
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Sebastian Braun et al., American Indians: Historical and Contemporary Perspectives (Kendall/Hunt Publishing Company, 2017)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Living with Banks: Trends and Lessons from the First Five Years, 46 Stetson L. Rev. 391 (2017)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, Keep Tinkering: The Optimist and the Death Penalty, 70 Ark. L. Rev. 349 (2017)Clicking on the button will copy the full recommended citation.
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Grant Christensen, Rewritten Opinion in United States v. Rickert, in Feminist Judgments: Rewritten Tax Opinions (Bridget J. Crawford and Anthony C. Infanti eds., Cambridge University Press, 2017)Clicking on the button will copy the full recommended citation.
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Kristen David Adams et al., Essential UCC Concepts: A Survey of Commercial Transactions (American casebook series, West Academic Publishing, 2017)Clicking on the button will copy the full recommended citation.
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Arie Trouwborst et al., International Wildlife Law: Understanding and Enhancing Its Role in Conservation, 67 BioScience 784 (2017)Clicking on the button will copy the full recommended citation.
Many conservation professionals are familiar with the Convention on International Trade in Endangered Species (CITES), the Convention on Migratory Species (CMS), the Convention on Biological Diversity (CBD), the Ramsar Convention, and the World Heritage Convention. Regional instruments, such as those focusing on Africa, Antarctica, or Europe, are also conspicuous features of the conservation arena. Other international wildlife agreements focus on particular species, such as polar bears or albatrosses, or particular transboundary protected areas, such as the huge Kavango-Zambezi Transfrontier Conservation Area (see table 1). These agreements are collectively known as international wildlife law (Bowman et al. 2010). The binding agreements themselves are typically accompanied and informed by an evolving set of nonbinding instruments, such as Conference of the Parties (COP) decisions and action plans.
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Grant Christensen et al., Tribal Court Litigation, in Recent Developments in Business and Corporate Litigation (American Bar Association, Business Law Section, 2017)Clicking on the button will copy the full recommended citation.