West Virginia University College of Law

About: West Virginia University College of Law is a(n) based out in . It is known for research contribution in the topic(s): Supreme court & International law. The organization has 955 authors who have published 2449 publication(s) receiving 23683 citation(s).

Toward a Field of Intersectionality Studies: Theory, Applications, and Praxis

Abstract: Intersectional insights and frameworks are put into practice in a multitude of highly contested, complex, and unpredictable ways. We group such engagements with intersectionality into three loosely defined sets of practices: applications of an intersectional framework or investigations of intersectional dynamics; debates about the scope and content of intersectionality as a theoretical and methodological paradigm; and political interventions employing an intersectional lens. We propose a template for fusing these three levels of engagement with intersectionality into a field of intersectional studies that emphasizes collaboration and literacy rather than unity. Our objective here is not to offer pat resolutions to all questions about intersectional approaches but to spark further inquiry into the dynamics of intersectionality both as an academic frame and as a practical intervention in a world characterized by extreme inequalities. At the same time, we wish to zero in on some issues that we believ...

Patterns of individualism and collectivism across the United States

Abstract: Although the individualism-collectivism dimension is usually examined in a U.S. versus Asian context, there is variation within the United States. The authors created an eight-item index ranking states in terms of collectivist versus individualist tendencies. As predicted, collectivist tendencies were strongest in the Deep South, and individualist tendencies were strongest in the Mountain West and Great Plains. In Part 2, convergent validity for the index was obtained by showing that state collectivism scores predicted variation in individual attitudes, as measured by a national survey, In Part 3, the index was used to explore the relationship between individualism-collectivism and a variety of demographic, economic, cultural, and health-related variables. The index may be used to complement traditional measures of collectivism and individualism and may be of use to scholars seeking a construct to account for unique U.S. regional variation.

Poverty, Income Inequality, and Violent Crime: A Meta-Analysis of Recent Aggregate Data Studies:

Abstract: In the late 1970s and early 1980s, several important reviews of the literature failed to establish a clear consensus on the relationship between economic conditions and violent crime. The research presented here applies the procedures of meta-analysis to 34 aggregate data studies reporting on violent crime, poverty, and income inequality. These studies reported a total of 76 zero-order correlation coefficients for all measures of violent crime with either poverty or income inequality. Of the 76 coefficients, all but 2, or 97 percent, were positive. Of the positive coefficients, nearly 80 percent were of at least moderate strength (>.25). It is concluded that poverty and income inequality are each associated with violent crime. The analysis, however, shows considerable variation in the estimated size of the relationships and suggests that homicide and assault may be more closely associated with poverty or income inequality than are rape and robbery.

The Fundamentalism of Liberal Rights: Decoding the Freedom of Expression Under the European Convention for the Protection of Human Rights and Fundamental Freedoms

Abstract: This paper attempts to deconstruct the free speech defense of the publications of cartoons offensive to many Muslims in Denmark and elsewhere in Europe in order to highlight the deep philosophical tensions between the characterizations of religion and race, between free speech and hate speech, and between the freedoms of expression and of religion. A scrutiny of the jurisprudence of the European Court of Human Rights (“ECtHR”) reveals the difficulties inherent in defining permissible limits on expression, particularly as it involves the identification and prioritization of interests that are worthy of protection under a state's law. The struggles over the characterization of certain interests as fundamental rights, in turn, raise questions over the ‘fundamental-ness' of rights and the valuation of foundational social and political values that the rhetoric of rights presumes as incontrovertible. This study seeks to advance the argument that fundamental rights, such as the freedom of expression, are legal constructs whose value is contingent on the ends they are employed to serve in a given socio-political environment. While the contingency of fundamental rights is palpable in debates over their definition and over what they include or exclude, it is most clearly visible in the clash of fundamental rights, in particular the freedoms of expression and religion.

A Critique of 'Our Constitution is Color-Blind'

Abstract: This article critically examines the United States Supreme Court’s legal doctrine of "color-blind constitutionalism" Professor Gotanda argues that the United States Supreme Court’s adherence to color-blind constitutionalism disregards the subtleties and nuances of race, ignores institutional racism and contributes to racial subjugation Five themes related to color-blind constitutionalism are identified and discussed: (i) the distinction between private and public conduct, (ii) the nonrecognition of race (whereby a person’s race is identified but discounted or not considered), (iii) racial categories (race as a social construct), (iv) the Supreme Court's focus on "formal-race" and its unconnectedness to social reality and (v) racial social change (discussing assimilation versus diversity) This article concludes with a discussion on alternatives to color-blind constitutionalism