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Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

Kenneth R. Aslakson

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814724316
eISBN:
9780814724972
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724316.001.0001
Subject:
Law, Legal History

No American city's history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the ... More


The Racism of Sexual Harassment

Tanya Katerí Hernández

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0029
Subject:
Law, Employment Law

This chapter discusses the court's view of sexual harassment as a transgression without color. Sexual harassers are presumed to be color blind in their selection of victims, and sexual harassment is ... More


Law’s Enchantment: The Cinematic Jurisprudence of Krzysztof Kieslowski

Richard K Sherwin

in Law and Popular Culture

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199272235
eISBN:
9780191699603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272235.003.0005
Subject:
Law, Philosophy of Law

This chapter examines motion pictures from the perspective of jurisprudence, focusing on director Krzysztof Kieslowski's trilogy Three Colours. Kieslowski's main collaborator in this trilogy was ... More


“We Shall Serve with Fidelity and Zeal”

Kenneth R. Aslakson

in Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814724316
eISBN:
9780814724972
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724316.003.0004
Subject:
Law, Legal History

This chapter discusses the engagement of free people of color with various aspects of the law. Foremost among them were the free militiamen of African descent, Place d'Armes, who attempted to stake a ... More


3 “We Shall Serve with Fidelity and Zeal”

Kenneth R. Aslakson

in Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814724316
eISBN:
9780814724972
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724316.003.0004
Subject:
Law, Legal History

This chapter discusses the engagement of free people of color with various aspects of the law. Foremost among them were the free militiamen of African descent, Place d'Armes, who attempted to stake ... More


Race and Ethnicity as Barriers to ART Access

Judith Daar

in The New Eugenics: Selective Breeding in an Era of Reproductive Technologies

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300137156
eISBN:
9780300229035
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300137156.003.0004
Subject:
Law, Medical Law

This chapter analyzes the racialization of infertility care in the United States, and seeks to understand why ART stratifies along race and ethnic lines. Researchers and scholars have proposed ... More


Of Stranger Spaces

Kenji Yoshino

in Law and the Stranger

Published in print:
2010
Published Online:
June 2013
ISBN:
9780804771542
eISBN:
9780804775151
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804771542.003.0007
Subject:
Law, Philosophy of Law

The link between the words “stereotype” and “cliché” is an etymological expression of the relationship between social strangers and literary discourse. This chapter addresses the question of literary ... More


Introduction

Irene Calboli and Martin Senftleben

in The Protection of Non-Traditional Trademarks: Critical Perspectives

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198826576
eISBN:
9780191865503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826576.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

During the past decades, the domain of trademark law and the scope of trademark protection have been expanded significantly. The flexible application of prerequisites for registration has paved the ... More


Non-Traditional Trademarks: An Empirical Study

Mitchell Adams and Amanda Scardamaglia

in The Protection of Non-Traditional Trademarks: Critical Perspectives

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198826576
eISBN:
9780191865503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826576.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter provides a twenty-year retrospective on non-traditional trademarks, using the European Union, the United Kingdom, Singapore, Japan, and Australia as case studies. It presents findings ... More


Paying the Price for Admission: Non-Traditional Marks across Registration and Enforcement

Dev S. Gangjee

in The Protection of Non-Traditional Trademarks: Critical Perspectives

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198826576
eISBN:
9780191865503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826576.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter makes the case for joined-up thinking when approaching non-traditional signs in trade mark law. Trade mark registration has moved from up-front exclusions for certain categories of signs ... More


Yellow Dictionaries, Red Banking Services, Some Candies, and a Sitting Bunny: Protection of Color and Shape Marks from a German and European Perspective

Annette Kur

in The Protection of Non-Traditional Trademarks: Critical Perspectives

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198826576
eISBN:
9780191865503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826576.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

Colors and product designs face increasingly high hurdles against registration in the EU. However, such marks exist and continue to be registered, not least on the national level. Measuring the scope ... More


Non-Traditional Trademarks and the Dilemma of Aesthetic Functionality

Justin Hughes

in The Protection of Non-Traditional Trademarks: Critical Perspectives

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198826576
eISBN:
9780191865503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826576.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

As American trademark law has expanded to cover non-traditional designators, the law’s “functionality” doctrine has arguably become the most important bulwark against overly broad trademark rights in ... More


Non-Traditional Trademarks and Inherently Valuable Expression

Lisa P. Ramsey

in The Protection of Non-Traditional Trademarks: Critical Perspectives

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198826576
eISBN:
9780191865503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826576.003.0018
Subject:
Law, Intellectual Property, IT, and Media Law

Trademark laws currently allow companies to obtain trademark rights in product configurations, colors, scents, sounds, flavors, textures, and other “non-traditional” marks that identify and ... More


Complicating Equal Participation: What Counts as a Sport, Which Sports Should Women Play, and Which Women Should Play Them?

Deborah L. Brake

in Getting in the Game: Title IX and the Women's Sports Revolution

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814799659
eISBN:
9780814789797
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814799659.003.0005
Subject:
Law, Human Rights and Immigration

This chapter focuses on Title IX's three-part test for measuring equal participation opportunities. It first examines what counts as a sport for Title IX purposes, with particular emphasis on the ... More


1 The Roots of Contemporary Move-In Violence

Jeannine Bell

in Hate Thy Neighbor: Move-In Violence and the Persistence of Racial Segregation in American Housing

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814791448
eISBN:
9780814760222
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791448.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the year when the Fair Housing Act was passed, describing the relatively uncontroversial interracial neighborhoods in both the North and the South before and after the Civil ... More


The Roots of Contemporary Move-In Violence

Jeannine Bell

in Hate Thy Neighbor: Move-In Violence and the Persistence of Racial Segregation in American Housing

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814791448
eISBN:
9780814760222
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791448.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the year when the Fair Housing Act was passed, describing the relatively uncontroversial interracial neighborhoods in both the North and the South before and after the Civil ... More


Introduction

Kenneth R. Aslakson

in Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814724316
eISBN:
9780814724972
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724316.003.0001
Subject:
Law, Legal History

This introductory chapter describes how free people of color had been interacting with the American court system in New Orleans since its origins during the territorial period. Acting individually in ... More


The Gulf and Its City

Kenneth R. Aslakson

in Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814724316
eISBN:
9780814724972
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724316.003.0002
Subject:
Law, Legal History

This chapter provides the socioeconomic framework of New Orleans in the Age of Revolution, and locates the city's free people of color within this framework. The city was characterized by the rising ... More


A Legal System in Flux

Kenneth R. Aslakson

in Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814724316
eISBN:
9780814724972
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724316.003.0003
Subject:
Law, Legal History

This chapter focuses on the confusing legal situation created by the transfer of the Louisiana Territory from Spain to France, and eventually to the United States. When Anglo-American and ... More


Outside the Bonds of Matrimony

Kenneth R. Aslakson

in Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814724316
eISBN:
9780814724972
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814724316.003.0005
Subject:
Law, Legal History

This chapter highlights the significance of domestic law in shaping racial identity, as well as its limitations in regulating behavior. For instance, the laws of the Territory of Orleans and the ... More


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