Faigman
What graduate degrees has Faigman earned?
MA -- University of Virginia (Psychology)
JD -- University of Virginia, School of Law
What were the Mashpee suing to recover?
Sued to recover tribal lands alienated from them over the last two centuries in violation of the Indian Non-Intercourse Acts of 1970
What was the name of the allegedly obscene 2 Live Crew album?
As Nasty As They Wanna Be
What problem does Faigman address?
The intersection of law and science
“all applied science potentially presents the problem of making decisions about discrete cases based on group data”
What was the definition of tribe used by the court?
Tribe = a body of Indians of the same or similar race united in a community under one leadership or government and inhabiting a particular though sometimes ill-defined territory
Why couldn’t Crenshaw review domestic violence statistics from the Los Angeles Police Department?
Domestic violence activists “worried that the statistics might permit opponents to dismiss domestic violence as a minority problem and, therefore, not deserving of aggressive action.”
What are causal and effect path-specificity?
Casual = The cause always produces a single effect but other causes might produce the same effect
Effect = The effect has a single cause but the cause does not have a single effect
What year were the Mashpee recognized as a tribe?
1834 & 1842
From shortest to longest, rank the average prison term for a man convicted of raping a Black, Latina, or Anglo woman in Dallas.
Black (2 years); Latina (5 years); Anglo (10 years)
What is differential etiology?
“The principle tool used to move from general research findings to statements about individual cases"
The “cause or causes of that condition”
Was the intermixing of the Mashpee with other races a problem in the eyes of the Mashpee?
Intermixing did not dilute their tribal status because they did not define themselves according to racial type but rather by membership in their community
What problem does Crenshaw address with identity politics?
“[I]t frequently conflates or ignores intragroup differences.”
What are the three levels of convergence between social science and law?
Social authority, social facts, and social framework
What does Yonnondio mean?
Became a medium through which contending Indian and European cultures interacted
What is the sexual stratification theory?
Posits both that women are differently valued according to their race and that there are certain rules of sexual access governing who may have sexual contact with whom in this sexually stratified market