AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Richard Delgado RODRIGO'S EQUATION: RACE, CAPITALISM, AND THE SEARCH FOR REFORM 49 Wake Forest Law Review 87 (Spring 2014) I was hopping awkwardly up and down on one foot in an effort to remove my remaining shoe while trying not to drop the pile of notes and law review articles I had brought to read on the plane, acutely aware of the impatient young couple behind me and the glinty-eyed TSA inspector sizing me up nearby. Just then, as though by magic, a familiar voice... 2014  
George H. Taylor THE OBJECT OF DIVERSITY 75 University of Pittsburgh Law Review 653 (Summer, 2014) Immersion in the work of Derrick Bell has been one of the great privileges of my life as a scholar and teacher. In my teaching it was a particular pleasure to be able to co-teach a course with Bell when he visited the University of Pittsburgh for a semester several years before his death. I take as the inspiration for this Article a theme prominent... 2014  
Osamudia R. James WHITE LIKE ME: THE NEGATIVE IMPACT OF THE DIVERSITY RATIONALE ON WHITE IDENTITY FORMATION 89 New York University Law Review 425 (May, 2014) In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to... 2014  
Richard Thompson Ford CAPITALIZE ON RACE AND INVEST IN JUSTICE 126 Harvard Law Review Forum 252 (June, 2013) Professor Nancy Leong laments a phenomenon she dubs racial capitalism, a process of deriving social or economic value from the racial identity of another person (p. 2153) which results in the commodification of identity (p. 2152). As examples, Leong points to university affirmative action programs that turn diversity into a mark of elite... 2013 Yes
Nancy Leong RACIAL CAPITALISM 126 Harvard Law Review 2151 (June, 2013) Introduction. 2153 I. Valuing Race. 2158 A. Whiteness as Property. 2158 B. Diversity as Revaluation. 2161 C. The Worth of Nonwhiteness. 2169 II. A Theory of Racial Capitalism. 2172 A. Race as Social Capital. 2175 B. Race as Marxian Capital. 2183 C. Racial Capitalism. 2190 III. Critiquing Racial Capitalism. 2198 A. Commodification. 2199 B. Harm to... 2013 Yes
Nancy Leong REFLECTIONS ON RACIAL CAPITALISM 127 Harvard Law Review Forum 32 (November, 2013) In my article Racial Capitalism, I expressed concern about the ongoing process of racial exploitation in which white people and predominantly white institutions derive value from the racial identity of people of color. I see this process as troubling and undesirable. Rendering racial identity a commodity harms people of color in many ways: by... 2013 Yes
Stacy L. Hawkins SELLING DIVERSITY SHORT 40 Rutgers Law Record 68 (2012-2013) An Essay Responding to Nancy Leong's Racial Capitalism, 126 Harv. L. Rev. _ (2013) Nancy Leong's forthcoming article in the Harvard Law Review, Racial Capitalism, has received much attention even in advance of its publication. The article was posted to the popular site for academic and scholarly work, the Social Science Research Network (SSRN),... 2013 Yes
Charlotte Garden , Nancy Leong "SO CLOSELY INTERTWINED": LABOR AND RACIAL SOLIDARITY 81 George Washington Law Review 1135 (July, 2013) Conventional wisdom tells us that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups' interests as fundamentally opposed and their relationship as predictably fraught with tension. For example, commentators assert that unions capture a wage... 2013  
Camille Gear Rich AFFIRMATIVE ACTION IN THE ERA OF ELECTIVE RACE: RACIAL COMMODIFICATION AND THE PROMISE OF THE NEW FUNCTIONALISM 102 Georgetown Law Journal 179 (November, 2013) This Essay uses the current controversy over the racial self-identification decisions of former Harvard Law Professor Elizabeth Warren as an occasion to explore incipient cultural and legal anxieties about employers' ability to define race under affirmative action programs. The Essay characterizes Warren's racial self-identification decisions as... 2013  
Vinay Harpalani DESI CRIT: THEORIZING THE RACIAL AMBIGUITY OF SOUTH ASIAN AMERICANS 69 New York University Annual Survey of American Law 77 (2013) This Article analyzes the racial ambiguity of South Asian Americans--peoples whose ancestry derives from the Indian subcontinent--and has two major aims. First, it provides a comprehensive account of the racialization of South Asian Americans (Desi) a group that legal scholars have not considered at any length in the rubric of American racial... 2013  
Nancy Leong HALF/FULL 3 UC Irvine Law Review 1125 (December, 2013) Research suggests that multiracial identity is uniquely malleable, and I will focus here on the significance of that malleability for mixed-Asian individuals, primarily those of Asian/White descent. At various times, mixed-Asian individuals may present themselves as half Asian; other times, they may present themselves as full Asian, full... 2013  
Lee Ann S. Wang OF THE LAW, BUT NOT ITS SPIRIT": IMMIGRATION MARRIAGE FRAUD AS LEGAL FICTION AND VIOLENCE AGAINST ASIAN IMMIGRANT WOMEN 3 UC Irvine Law Review 1221 (December, 2013) Introduction. 1221 I. Immigration Marriage Fraud as a Legal Fiction. 1228 II. The Racial Problem with Coaching . 1235 III. Translation as Fraudulent Speaker. 1239 IV. Love Letters and Whiteness. 1243 V. The Citizen Subject as Innocent Speaker. 1246 Conclusion. 1249 2013  
Janine Young Kim POSTRACIALISM: RACE AFTER EXCLUSION 17 Lewis & Clark Law Review 1063 (2013) This Article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation's founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among... 2013  
Orit Gan PROMISSORY ESTOPPEL: A CALL FOR A MORE INCLUSIVE CONTRACT LAW 16 Journal of Gender, Race and Justice 47 (Winter 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 parties behind the promises, this Article argues the... 2013  
George Lipsitz "IN AN AVALANCHE EVERY SNOWFLAKE PLEADS NOT GUILTY": THE COLLATERAL CONSEQUENCES OF MASS INCARCERATION AND IMPEDIMENTS TO WOMEN'S FAIR HOUSING RIGHTS 59 UCLA Law Review 1746 (August, 2012) In our society, individual acts of intentional discrimination function in concert with historically created vulnerabilities; these vulnerabilities are based on disfavored identity categories and amplify each injustice and injury. Although anyone can be a victim of housing discrimination, women of color suffer distinct collateral injuries from... 2012  
S. Cagle Juhan FREE SPEECH, HATE SPEECH, AND THE HOSTILE SPEECH ENVIRONMENT 98 Virginia Law Review 1577 (November, 2012) Introduction. 1578 I. Background: Hate Speech and the CollegeCampus. 1581 A. Supreme Court Precedents on Hate Speech Generally. 1582 B. Lower Court Cases on Campus Hate Speech. 1585 II. The Problem: Suppression of and Hostility Towards Protected Speech. 1587 A. Two Virtues and Three Vices of Speech Codes. 1587 B. First Amendment Defiance: Ad Hoc... 2012  
Davarian L. Baldwin FROM WISCONSIN TO EGYPT AND BACK AGAIN: A COMMENT ON BRIDGETTE BALDWIN'S ANALYSIS OF THE SHADOW WORK THESIS 34 Western New England Law Review 475 (2012) It's like Cairo has moved to Madison these days. In 1996, filmmaker Michael Moore headed to Wisconsin to shoot scenes for his latest documentary, The Big One. Wisconsin captured Moore's attention as the founding home of the nation's largest temporary labor agency, Manpower, Inc. With low-wage, no benefit temp labor as such a lucrative enterprise,... 2012  
Kolleen Duley GENDER AND CRIMINALITY 18 UCLA Women's Law Journal 273 (Winter 2012) I. Introduction. 273 II. Women's Prison Reform Movement: Scholarly Reviews. 275 III. Early Literature on Gender and Criminality. 281 IV. Law Enforcement Violence. 291 V. Gender Essentialism and Female Policing. 293 VI. Globalization and Imprisonment. 296 VII. Conclusion. 299 2012  
Wendy A. Bach MOBILIZATION AND POVERTY LAW: SEARCHING FOR PARTICIPATORY DEMOCRACY AMID THE ASHES OF THE WAR ON POVERTY 20 Virginia Journal of Social Policy and the Law 96 (Fall 2012) In 1964, at the height of the Civil Rights Movement, the federal government launched Community Action, a program that was to be designed and implemented with the maximum feasible participation of the poor. Today in governance theory, we are told once again that participation by affected communities in the mechanisms of governance has the ability to... 2012  
Rebecca Sharpless MORE THAN ONE LANE WIDE: AGAINST HIERARCHIES OF HELPING IN PROGRESSIVE LEGAL ADVOCACY 19 Clinical Law Review 347 (Fall 2012) Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys--nonprofit attorneys who focus on helping individuals in civil cases--sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has... 2012  
Gil Gott RACE, RIGHTS AND RETERRITORIALIZATION 1 Columbia Journal of Race and Law 302 (July, 2012) Critical race and neo-Marxist perspectives treat rights or rights discourse with a somewhat similar and complex ambivalence, but with distinctly different weightings and emphases in how they theorize rights functioning within systems of liberal democracy and racialized capitalism. On the one hand, both approaches identify a subject formation... 2012  
David Gröshöff CHILD, PLEASE --STOP THE ANTI-QUEER SCHOOL BULLYCIDES: A MODEST PROPOSAL TO HOIST SOCIAL CONSERVATIVES BY THEIR OWN "GOD, GUNS, AND GAYS" PETARD 11 University of Maryland Law Journal of Race, Religion, Gender and Class 151 (Fall 2011) In September 2010, openly queer thirteen year-old California student Seth Walsh, wrote a note to his family that read: I know this will bring you much pain, but I will hopefully be in a better place than this shithole. Put my body in burial and visit my body . . . . And make sure to make the school feel like shit for bringing you this sorrow. In... 2011  
Francisco Valdes , Sumi Cho CRITICAL RACE MATERIALISM: THEORIZING JUSTICE IN THE WAKE OF GLOBAL NEOLIBERALISM 43 Connecticut Law Review 1513 (July, 2011) Critical Race Theory's (CRT's) first two decades produced a rich and diverse literature deconstructing law and society using a racial lens. CRT's emergence and rise occurred at a moment in history where the U.S. was still the uncontested unipolar superpower whose privileged elites enjoyed unprecedented prosperity and status. Despite its dominant... 2011  
Paulina E. Davis RACISM, CAPITALISM, AND PREDATORY LENDING: HOW THE U.S. GOVERNMENT'S FAILURE TO REGULATE THE DISPROPORTIONATE NEGATIVE EFFECTS OF PAYDAY LENDING IN BLACK COMMUNITIES VIOLATES THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMIN 4 Human Rights & Globalization Law Review 61 (Fall, 2010/Spring, 2011) In 2009, two issues have received intense attention in the media; the first issue being the candidacy and election of the first Black president of the United States, and the other being the global economic meltdown. The election of Barack Obama catapulted an important, albeit diluted, conversation on race relations in this country as it... 2011  
Daniel Austin Green ACCOUNTING'S NADIR: FAILURES OF FORM OR SUBSTANCE? 12 University of Pennsylvania Journal of Business Law 601 (Spring 2010) To read some media reports over the last two years, a recent accounting change--the implementation of FAS 157 by the SEC in November 2007--seems to have single-handedly plunged the worldwide economy into crisis. The traditional stock character accountant, however, is a mindless bean counter whiling away the hours doing boring, repetitive work. So... 2010  
John A. Powell, Caitlin Watt NEGOTIATING THE NEW POLITICAL AND RACIAL ENVIRONMENT 11 Journal of Law in Society 31 (Fall, 2009/Winter, 2010) I. Introduction II. The Process of Race A. Moving Toward Whiteness B. Defining Whiteness as Private and Individual C. Whiteness as Exclusion III. The Process of Creating and Recreating Race: How Race is Constructed A. Mental Processes Construct Race B. Race is in Our Structure C. Systems i. Relationships ii. Causation iii. Feedback loops iv.... 2010  
Beth Ribet SURFACING DISABILITY THROUGH A CRITICAL RACE THEORETICAL PARADIGM 2 Georgetown Journal of Law & Modern Critical Race Perspectives 209 (Fall, 2010) From its inception, a number of the founders of Critical Race Studies (CRS) have articulated a praxis and methodology acutely focused on race, and also intently conscious of intersectionality. Disability prospectively merges with the project of producing knowledge within a CRS frame both as part of the study of intersectionality, and also as part... 2010  
Sumi Cho POST-RACIALISM 94 Iowa Law Review 1589 (July, 2009) ABSTRACT: Rather than treat post-racialism as a political trend or social fact, this Article argues that post-racialism in its current iteration is a twenty-first century ideology that reflects a belief that due to racial progress the state need not engage in race-based decision-making or adopt race-based remedies, and that civil society should... 2009  
Khiara M. Bridges QUASI-COLONIAL BODIES: AN ANALYSIS OF THE REPRODUCTIVE LIVES OF POOR BLACK AND RACIALLY SUBJUGATED WOMEN 18 Columbia Journal of Gender and Law 609 (2009) This Article analyzes the relationship between the struggle for the recognition of Black women's reproductive rights in the United States and the fight for racial justice. Specifically, it argues that the problematization of poor Black women's fertility--evidenced by the depiction of single Black motherhood as a national crisis, the condemnation of... 2009  
Christine Parker , Vibeke Nielsen THE CHALLENGE OF EMPIRICAL RESEARCH ON BUSINESS COMPLIANCE IN REGULATORY CAPITALISM 5 Annual Review of Law and Social Science 45 (2009) business regulation, social science methodology Regulatory capitalism--a social, political, and economic order characterized by a proliferation of both markets and state and nonstate attempts to regulate markets and business conduct--creates the opportunity for theoretically and politically significant research on compliance. The plural and... 2009  
Avi Brisman CRIME-ENVIRONMENT RELATIONSHIPS AND ENVIRONMENTAL JUSTICE 6 Seattle Journal for Social Justice 727 (Spring/Summer, 2008) As a concept, environmental justice has always eluded specific or restrictive definition. It has been commonly understood as the pursuit of equal justice and equal protection under the law for all environmental statutes and regulations without discrimination based on race, ethnicity, and/or socioeconomic status or as the fair treatment and... 2008  
Athena D. Mutua INTRODUCING CLASSCRITS: FROM CLASS BLINDNESS TO A CRITICAL LEGAL ANALYSIS OF ECONOMIC INEQUALITY 56 Buffalo Law Review 859 (December, 2008) In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. The essays in this collection grew out of the workshops and represent the project's first attempts to think about law and economic inequality, a problem that is growing... 2008  
Anthony Paul Farley KEYNOTE ADDRESS AT THE 10TH ANNUAL DR. MARTIN LUTHER KING, JR. REFLECTION AND COMMEMORATION AT DEPAUL UNIVERSITY COLLEGE OF LAW JANUARY 21, 2008 1 DePaul Journal for Social Justice 323 (Spring 2008) We had joy, We had fun, We had seasons in the sun, But the stars we could reach Were just starfish on the beach. We had joy and fun and seasons in the sun. Joy. Fun. Seasons in the sun. These three themes will accompany my reflections on the present situation, its past and certain revenants of that past. Stars and starfish, dreams and the dried... 2008  
Bekah Mandell RACIAL REIFICATION AND GLOBAL WARMING: A TRULY INCONVENIENT TRUTH 28 Boston College Third World Law Journal 289 (Spring, 2008) Abstract: Scientists have warned of the dangers of climate change for decades, yet no meaningful steps have been taken to address its underlying causes; instead, ineffective strategies to reduce CO2 emissions incrementally have become popular because they do not disturb the racial hierarchy that sustains the social, economic, and legal structure of... 2008  
Donald F. Tibbs , Tryon P. Woods THE JENA SIX AND BLACK PUNISHMENT: LAW AND RAW LIFE IN THE DOMAIN OF NONEXISTENCE 7 Seattle Journal for Social Justice 235 (Fall/Winter 2008) [W]e must firmly place ourselves in another space to describe our age, the age and space of raw life .. It is a place where life and death are so entangled that it is no longer possible to distinguish them, or to say what is on the side of the shadow or its obverse. --Achille Mbembe The welcome sign at the entrance to Jena, Louisiana, describes it... 2008  
Christopher J. Tyson AT THE INTERSECTION OF RACE AND HISTORY: THE UNIQUE RELATIONSHIP BETWEEN THE DAVIS INTENT REQUIREMENT AND THE CRACK LAWS 50 Howard Law Journal 345 (Winter 2007) INTRODUCTION. 346 I. RACIAL REDUX: DAVIS AND PLESSY IN CONTEXT. 352 A. Davis and Plessy. 354 B. The Davis Decision and the Challenges to the Crack Laws. 359 II. RACIALIZED MASS IMPRISONMENT: RESHAPING AND REMAKING THE PECULIAR INSTITUTION. 363 A. Getting Tough on Crime: Laying the Foundation. 365 B. The Law as Politics: The Court in Transition.... 2007  
Maxine Burkett RECONCILIATION AND NONREPETITION: A NEW PARADIGM FOR AFRICAN-AMERICAN REPARATIONS 86 Oregon Law Review 99 (2007) The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign--apology, award, and nonrepetition through reconciliation--the most vital is nonrepetition. In past successful reparations campaigns, the offending... 2007  
Robert S. Chang , Neil Gotanda THE RACE QUESTION IN LATCRIT THEORY AND ASIAN AMERICAN JURISPRUDENCE 7 Nevada Law Journal 1012 (Summer 2007) In the tradition of LatCrit Afterwords, Professors Chang and Gotanda take the liberty of raising questions that extend beyond the particular themes of this LatCrit Conference and the papers published in this Symposium. They return to two issues - ethnicity versus race, and Black exceptionalism - that were raised in early LatCrit Conferences but... 2007  
Christopher A. Bracey THE CUL DE SAC OF RACE PREFERENCE DISCOURSE 79 Southern California Law Review 1231 (9/1/2006) I. INTRODUCTION. 1232 II. THE PEDIGREE OF CONTEMPORARY RHETORIC OPPOSING RACE PREFERENCES. 1238 A. Innocence. 1242 1. Racial Innocence Rhetoric in Modern Legal Discourse. 1246 2. The Pedigree of Racial Innocence Rhetoric. 1255 B. Merit. 1265 1. Merit Rhetoric in Modern Legal Discourse. 1268 2. The Pedigree of Merit Rhetoric. 1272 C. Stigma of... 2006  
Maneesha Deckha THE SALIENCE OF SPECIES DIFFERENCE FOR FEMINIST THEORY 17 Hastings Women's Law Journal 1 (Winter 2006) The internationally renowned celebrity Pamela Anderson is a spokesperson for the organization, People for the Ethical Treatment of Animals (PETA). A Canadian by origin, she recently called for a boycott of Kentucky Fried Chicken Canada (KFC Canada). In a video asking Canadians to stop supporting the company, Anderson informs viewers that KFC... 2006  
Megan K. Whyte FROM DISCOURSE TO STRUGGLE: A NEW DIRECTION IN CRITICAL RACE THEORY 11 Michigan Journal of Race and Law 1 (Fall 2005) In 2003, Richard Delgado ignited a firestorm when he published a controversial book review critiquing the current direction of critical race theory. He charged that critical race theory has moved from its realist beginnings-- tackling issues such as interest convergence, the Supreme Court's role in legitimizing racial discrimination, and the... 2005  
J. Allen Douglas THE "PRICELESS POSSESSION" OF CITIZENSHIP: RACE, NATION AND NATURALIZATION IN AMERICAN LAW, 1880-1930 43 Duquesne Law Review 369 (Spring 2005) In 1921, as restrictive immigration policy in the United States quickened, the federal district court in Washington State considered the plea of N. Nakatsuka to lease land for agricultural development in the face of the state's newly implemented Anti-Alien Land Law. Writing for the court, Judge Cushman noted that, as an alien resident, Nakatsuka... 2005  
John Hayakawa Török FREEDOM NOW!--RACE CONSCIOUSNESS AND THE WORK OF DE-COLONIZATION TODAY 48 Howard Law Journal 351 (Fall 2004) We saw neither the end of racism nor the end of history in the last decade of the twentieth century. Conditions in American law and society clearly differ now from a century ago when W.E.B. Du Bois declared that the problem of the twentieth century was the problem of the color line. They differ from when Charles Hamilton Houston and William Henry... 2004  
W. Sherman Rogers THE BLACK QUEST FOR ECONOMIC LIBERTY: LEGAL, HISTORICAL, AND RELATED CONSIDERATIONS 48 Howard Law Journal 1 (Fall 2004) Introduction and Overview. 7 I. The Black Economic Journey From the 1600s to the Civil War. 20 A. Role of Legal Principles in the Economic Journey of African Americans. 20 B. First Black Entrepreneur and Other Pre-Civil War Entrepreneurs. 21 C. Conservative Estimate of the Wealth of the 500,000 Free Blacks Prior to 1860 Approximately $50 Million... 2004  
Martha R. Mahoney CLASS AND STATUS IN AMERICAN LAW: RACE, INTEREST, AND THE ANTI-TRANSFORMATION CASES 76 Southern California Law Review 799 (5/1/2003) I. INTRODUCTION. 800 II. COLOR AND POWER EVASION AT WORK. 805 A. Individualism, Color Evasion, and Power Evasion. 806 B. Work and Insecurity: Unsettling Evasion. 810 III. CLASS, CONSCIOUSNESS, AND WHITENESS. 817 A. Concepts of Inequality and Self-Interest: Class and Vulgar Status . 817 1. Exploitation, Oppositional Groups, and Solidarity. 820 2.... 2003  
Ted Sampsell-Jones CULTURE AND CONTEMPT: THE LIMITATIONS OF EXPRESSIVE CRIMINAL LAW 27 Seattle University Law Review 133 (Summer 2003) The law is the master teacher and guides each generation as to what is acceptable conduct. -- Asa Hutchinson The law of the land in America is full of shit. -- Chuck D Over the past decade, legal scholars have paid increasing attention to ways that criminal law affects social norms and socialization. While these ideas are not entirely original, the... 2003  
J. Allen Douglas THE "MOST VALUABLE SORT OF PROPERTY": CONSTRUCTING WHITE IDENTITY IN AMERICAN LAW, 1880-1940 40 San Diego Law Review 881 (August-September, 2003) I. Introduction. 882 II. Plessy and Property. 889 III. The Relational Regime of Property. 896 IV. Reputation and the Social Self. 902 V. Reputation as Property. 908 VI. Whiteness as a Reputational Claim. 911 VII. Family Property: Whiteness in Marriage. 932 VIII. The Whiteness of Children: Mandamus and School Segregation. 937 IX. Conclusion. 945... 2003  
Jeffery M. Brown BLACK INTERNATIONALISM: EMBRACING AN ECONOMIC PARADIGM 23 Michigan Journal of International Law 807 (Summer 2002) Introduction. 807 I. Black Internationalism and the Challenges of Globalization. 819 A. Defining Internationalism. 821 B. Black Internationalism: A Conceptual Overview. 823 II. Historical Expressions of Black Internationalism. 827 A. Assessing the Free South African Movement. 828 B. Bananas, Trade, and the Limitations of Pan-Africanism. 832 C. The... 2002  
Marion Crain COLORBLIND UNIONISM 49 UCLA Law Review 1313 (June, 2002) Labor unions have historically been one of the most significant political forces urging progressive wealth redistribution. The AFL-CIO has conceived of income inequality in colorblind terms, as a social injustice around which racially and ethnically diverse workers can be organized. Professor Crain argues that the AFL-CIO's unionism has been... 2002  
E. Christi Cunningham IDENTITY MARKETS 45 Howard Law Journal 491 (Spring 2002) A miracle--a man fed the multitude with seven loaves and a few fish, and there was more than enough for everyone. Making plenty out of scarcity on a moment's notice, in a mountain wilderness, with just a prayer, probably would constitute a miracle even by modern standards. In this article, however, I develop a theory for addressing scarcity without... 2002  
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