Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Jeannine Bell |
CALAVITA'S LAW & SOCIETY: (EN)RACING LAW AND SOCIETY |
39 Law and Social Inquiry 209 (Winter, 2014) |
Calavita, Kitty. 2010. Invitation to Law & Society: An Introduction to the Study of Real Law. Chicago: University of Chicago Press. Pp. x + 176. $45.00 cloth; $15.00 paper. One of the sharpest critiques of law and society scholarship in recent years has come from scholars who maintain that law and society scholarship fails to address the issue of... |
2014 |
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Adina B. Appelbaum |
CHALLENGING CRIMMIGRATION: APPLYING PADILLA NEGOTIATION STRATEGIES OUTSIDE THE CRIMINAL COURTROOM |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 217 (Fall, 2014) |
Crimmigration, the nexus of criminal and immigration law, means that each year, hundreds of thousands of noncitizens are arrested for minor or nonviolent crimes, convicted in criminal court, placed in immigration court deportation proceedings, and deported. The U.S. government has criminalized immigrants at an increasing rate over time, and law... |
2014 |
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Dagmar Rita Myslinska |
CONTEMPORARY FIRST-GENERATION EUROPEAN AMERICANS: THE UNBEARABLE "WHITENESS" OF BEING |
88 Tulane Law Review 559 (February, 2014) |
Contemporary European immigrants face unique sociocultural and legal concerns that go beyond issues of race, class, national-origin, and accent discrimination. These concerns are not adequately addressed by laws protecting groups based on their national origins or ancestries. Scholarship and public discussions are silent on this topic. As a result,... |
2014 |
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Jasmine E. Harris |
CULTURAL COLLISIONS AND THE LIMITS OF THE AFFORDABLE CARE ACT |
22 American University Journal of Gender, Social Policy and the Law 387 (2014) |
Introduction. 388 I. Contextualizing the Affordable Care Act and Meaningful Access to Mental Health Care. 396 A. Framing Meaningful Access to Mental Health Care. 396 B. Mental Health, Illness, and the Medical Model of Mental and Psychosocial Disabilities in the United States. 403 C. The Social Context for Mental Health Care Reform. 409 II. The... |
2014 |
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Richard Delgado |
DELGADO'S DARKROOM: CRITICAL REFLECTIONS ON LAND TITLES AND LATINO LEGAL EDUCATION |
45 New Mexico Law Review 275 (Fall, 2014) |
Written in celebration of the life and achievements of Senator Dennis Chavez, this essay analyzes the intersection of two topics--civil rights and legal education--that lay close to the Senator's heart. A tireless crusader for justice who attended night law school at Georgetown in the 1920s and maintained a lifelong interest in legal education,... |
2014 |
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Athena D. Mutua |
DISPARITY IN JUDICIAL MISCONDUCT CASES: COLOR-BLIND DIVERSITY? |
23 American University Journal of Gender, Social Policy and the Law 23 (2014) |
Introduction. 24 I. Colorblind Diversity. 30 A. Farce: Data and Diversity. 32 B. Charade: Colorblind Resistance. 34 II. Overview of Judiciary Selection and Discipline Procedures: Independence, Accountability, Quality and Diversity. 44 A. Selection and Promotion of State Judges. 47 B. Judicial Disciplinary Procedures. 50 III. The State Bench... |
2014 |
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Joan C. Williams |
DOUBLE JEOPARDY? AN EMPIRICAL STUDY WITH IMPLICATIONS FOR THE DEBATES OVER IMPLICIT BIAS AND INTERSECTIONALITY |
37 Harvard Journal of Law & Gender 185 (Winter, 2014) |
Introduction. 186 I. The NSF Study. 189 A. Methodology. 189 B. No Surprise: Women of Color Encounter Racial as well as Gender Bias. 194 C. Black Women. 195 D. Latinas. 205 E. Asian American Women. 212 II. Implications for the Debate over Implicit Bias. 219 III. Implications for the Intersectionality Debate. 233 A. Intersectional Plaintiffs' Fate in... |
2014 |
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Ashley Fukutomi |
DRAWING THE CURTAIN: EXAMINING THE COLORBLIND RHETORIC OF RUIZ V. ROBINSON AND ITS IMPLICATIONS |
36 University of Hawaii Law Review 529 (Spring, 2014) |
I. Introduction. 529 II. Drawing the Curtain: Contextualizing Citizen-Children-of-Undocumented-Immigrants Within the Greater Social Narrative. 533 A. Enter Stage Left: U.S. Citizen-Children-of-Undocumented-Immigrants in the United States. 534 B. Enter Stage Right: Residency Tuition Policies. 537 III. Setting the Stage: A Legal Analysis of Ruiz v.... |
2014 |
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David Simson |
EXCLUSION, PUNISHMENT, RACISM AND OUR SCHOOLS: A CRITICAL RACE THEORY PERSPECTIVE ON SCHOOL DISCIPLINE |
61 UCLA Law Review 506 (January, 2014) |
Punitive school discipline procedures have increasingly taken hold in America's schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more,... |
2014 |
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Nicholas F. Stump |
FOLLOWING NEW LIGHTS: CRITICAL LEGAL RESEARCH STRATEGIES AS A SPARK FOR LAW REFORM IN APPALACHIA |
23 American University Journal of Gender, Social Policy and the Law 573 (2014) |
I. Introduction. 575 II. The Legal Publishing Industry. 583 A. Historical Overview. 583 B. Transition to Online Legal Resources. 586 C. Print and Online Legal Research Compared. 589 1. Print Resources. 590 2. Online Resources. 592 D. Traditional Legal Research Process. 597 E. Legal Research Process Viewed as Normatively Neutral. 599 III. Critical... |
2014 |
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James R. Hackney, Jr. |
GUIDO CALABRESI AND THE CONSTRUCTION OF CONTEMPORARY AMERICAN LEGAL THEORY |
77 Law and Contemporary Problems 45 (2014) |
My goal in this article is to situate Judge Calabresi's work, starting with his initial contributions to law and neoclassical economics, against the broader backdrop of American legal theory. I begin this article with a brief biographical sketch highlighting my personal connection with Guido. I then lay out the historical relationship between legal... |
2014 |
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Patience A. Crowder |
INTEREST CONVERGENCE AS TRANSACTION? |
75 University of Pittsburgh Law Review 693 (Summer, 2014) |
Professor Derrick Bell's renowned interest convergence theory is a remarkable tool for analyzing the interplay of power and subordination in this country. Broadly stated, the interest convergence theory holds that where there are power dynamics and divergent interests between parties with unequal bargaining power, the subordinate party's interests... |
2014 |
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L. Song Richardson , Phillip Atiba Goff |
INTERROGATING RACIAL VIOLENCE |
12 Ohio State Journal of Criminal Law 115 (Fall, 2014) |
INTRODUCTION. 115 I. Implicit Racial Bias. 120 A. In General. 120 B. Implicit Dehumanization. 121 II. Stereotype Threat. 124 A. In General. 124 B. Threat and Racial Violence. 126 III. Masculinity Threat. 128 A. In General. 128 B. In Police Departments. 131 C. Hypermasculinity and Hegemonic Racial Violence. 135 1. San Jose Report. 136 2. Justifying... |
2014 |
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Dagmar Rita Myslinska |
INTRA-GROUP DIVERSITY IN EDUCATION: WHAT IF ABIGAIL FISHER WERE AN IMMIGRANT . . . |
34 Pace Law Review 736 (Spring, 2014) |
Education must be made available to all on equal terms. The significance of not only making education available to all, but also doing so on equal terms has been recognized by scholars. They point out that education laws that help students attain their full potential without regard to their circumstances of birth, and affirmative laws that... |
2014 |
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Palma Joy Strand |
IS BROWN HOLDING US BACK? MOVING FORWARD, SIX DECADES LATER: VISIONARY STATES, CIVIC LOCALS, AND TRUSTED SCHOOLS AND TEACHERS |
23-WTR Kansas Journal of Law & Public Policy 283 (Winter 2013-2014) |
Because this country has been changed, we must change too if we are going to continue to carry on the struggle . . . . You move into a struggle with certain kinds of visions and ideas and hopes. You transform the situation and then you can no longer go on with the same kinds of visions . . . because you have created a new situation yourselves.... |
2014 |
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Emily M.S. Houh , Kristin Kalsem |
IT'S CRITICAL: LEGAL PARTICIPATORY ACTION RESEARCH |
19 Michigan Journal of Race and Law 287 (Spring, 2014) |
This Article introduces a method of research that we term legal participatory action research or legal PAR as a way for legal scholars and activists to put various strands of critical legal theory into practice. Specifically, through the lens of legal PAR, this Article contributes to a rapidly developing legal literature on the fringe economy... |
2014 |
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Cedric Merlin Powell |
JUSTICE THOMAS, BROWN, AND POST-RACIAL DETERMINISM |
53 Washburn Law Journal 451 (Summer, 2014) |
Brown v. Board of Education is seismic in its societal implications: it is a multi-layered decision that shapes future national and international policies on human rights ; it overturns state-based segregation in the schools and reinvigorates the Fourteenth Amendment as a limit on the oppressive power of the state ; it is the first modern U.S.... |
2014 |
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Jasmine B. Gonzales Rose |
LANGUAGE DISENFRANCHISEMENT IN JURIES: A CALL FOR CONSTITUTIONAL REMEDIATION |
65 Hastings Law Journal 811 (April, 2014) |
Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a... |
2014 |
|
Francisco Valdes |
LATCRIT 2013 CONFERENCE SYMPOSIUM AFTERWORD: THEORIZING AND BUILDING CRITICAL COALITIONS: OUTSIDER SOCIETY AND ACADEMIC PRAXIS IN LOCAL/GLOBAL JUSTICE STRUGGLES |
12 Seattle Journal for Social Justice 983 (Spring, 2014) |
C1-2Table of Contents INTRODUCTION. 985 I. LatCrit at 18: A Substantive Synopsis. 995 A. Latinidades: Critical Outsider Jurisprudence and LatCrit Positionality. 995 B. LatCrit as/and Academic Praxis: Theory as/and Action. 1003 II. Critical Theory and Social Grounding: Premises, Priorities and Practices. 1011 A. Social Responsibility in/and Critical... |
2014 |
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Yxta Maya Murray |
LAW AND THE POSSIBILITIES OF PEACE |
13 Seattle Journal for Social Justice 251 (Fall, 2014) |
This essay introduces the Law, Peace, and Violence Symposium, which took place at Seattle University School of Law on March 14, 2014. In its first part, I describe the foundations of a Law and Peace school of thought, whose forefathers include philosopher and political leader Vaclav Havel, legal scholar Robert Cover, peace theorist Johan Galtung,... |
2014 |
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Tayyab Mahmud |
LOOKING BACK, MOVING FORWARD: LATIN ROOTS OF THE MODERN GLOBAL AND GLOBAL ORIENTATION OF LATCRIT |
12 Seattle Journal for Social Justice 699 (Spring, 2014) |
C1-2Table of Contents I. Introduction II. Addressing the Global Inside and Outside the Border III. Critique, History, and the Modern Global IV. Latin Roots of the Modern Global A. Latin Roots of Modern International Law B. Latin Roots of Global Capitalism C. Latin Grounds of Modern Law D. Modern Law in the Colonies E. Colonialism and the Genealogy... |
2014 |
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Meera E. Deo, Jd, PhD |
LOOKING FORWARD TO DIVERSITY IN LEGAL ACADEMIA |
29 Berkeley Journal of Gender, Law & Justice 352 (Summer 2014) |
The landmark book Presumed Incompetent lays a politically deep and structurally solid foundation for further investigation into faculty diversity. Looking across disciplines and encompassing women of color from a variety of race/ethnic backgrounds, the book collects vignettes, personal narratives, empirical analysis, and theoretical ruminations on... |
2014 |
|
Margaret E. Montoya |
MÁSCARAS Y TRENZAS: REFLEXIONES UN PROYECTO DE IDENTIDAD Y ANÁLISIS A TRAVÉS DE VEINTE AÑOS |
32 Chicana/o-Latina/o Law Review 7 (2014) |
Using Spanish to Wrestle Brown Space into White Space On the street at night I whistled popular tunes from the Beatles and Vivaldi's Four Seasons. The tension drained from people's bodies when they heard me. Brent Staples, quoted by Claude M. Steele From their inception, names--including first names, surnames, names of groups, and even story, book,... |
2014 |
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Corinne Blalock |
NEOLIBERALISM AND THE CRISIS OF LEGAL THEORY |
77 Law and Contemporary Problems 71 (2014) |
In recent years, the legal academy has begun to tell itself the story of how and why legal theory was marginalized in the wake of critical legal studies and the theory debates of the 1970s and 1980s. Despite the volume of work written on the subject and the many anxieties expressed about the (im)possibility of critical legal theory's revival, the... |
2014 |
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Nancy A. Heitzeg, Ph.D. , St. Catherine University |
ON THE OCCASION OF THE 50 ANNIVERSARY OF THE CIVIL RIGHTS ACT OF 1964: PERSISTENT WHITE SUPREMACY, RELENTLESS ANTI-BLACKNESS, AND THE LIMITS OF THE LAW |
36 Hamline Journal of Public Law and Policy 54 (Fall, 2014) |
White supremacy - once writ large in the law via slavery and Jim Crow segregation--was removed from its legalized pedestal with the Civil Rights Act of 1964, The Voting Rights Act of 1965 and finally, The Fair Housing Act of 1968. The law became raceneutral and it now suddenly was illegal to discriminate on the basis on race--in housing,... |
2014 |
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Professor Emma Coleman Jordan |
PROFESSOR ANGELA P. HARRIS: A LIFE OF POWER AT THE INTERSECTION: WHEN THE EQUALITY WALK MATCHES THE EQUALITY TALK |
47 U.C. Davis Law Review 1081 (April, 2014) |
Professor Angela P. Harris does the impossible. She is quiet, humble, brilliant and generous to other scholars. Her commitment to anti-subordination is both theoretical and personal. She lives every day with a central puzzle of modern legal theory: Whose voices count, whose experience represents the whole, and how do we use language to oppose and... |
2014 |
|
Mary Whisner |
RACE AND THE REFERENCE LIBRARIAN |
106 Law Library Journal 625 (Fall, 2014) |
Ms. Whisner examines how race arises in the day-to-day work of law librarians, and discusses how law librarians can foster cultural competence and create more welcoming environments in diverse institutions. ¶1 I'd like to accept Ronald Wheeler's invitation to talk about race. Much writing on diversity in law librarianship starts with demographics--... |
2014 |
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Paul Gowder |
RACIAL CLASSIFICATION AND ASCRIPTIVE INJURY |
92 Washington University Law Review 325 (2014) |
Slow in my blindness, with my hand I feel the contours of my face. A flash of light gets through to me. I have made out your hair, color of ash and at the same time, gold. I say again that I have lost no more than the inconsequential skin of things. These wise words come from Milton, and are noble, but then I think of letters and of roses. I think,... |
2014 |
|
Adjoa Artis Aiyetoro |
RACIAL DISPARITIES IN PUNISHMENT AND ALIENATION: REBELLING FOR JUSTICE |
71 National Lawyers Guild Review 193 (Winter 2014) |
The challenge of the twenty-first century . is to identify and dismantle those structures in which racism continues to be embedded. This is the only way the promise of freedom can be extended to the masses of people. This article provides a framework for responding to the need for racial reconciliation in the United States that has been the focus... |
2014 |
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Dagmar Rita Myslinska |
RACIST RACISM: COMPLICATING WHITENESS THROUGH THE PRIVILEGE AND DISCRIMINATION OF WESTERNERS IN JAPAN |
83 UMKC Law Review Rev. 1 (Fall, 2014) |
With no anti-discrimination legislation, strong Confucian-inspired in-group mentality, and a belief in their mono-ethnicity, Japan is marred by a culture of widespread discrimination. Although it has ratified the International Convention for the Elimination of All Forms of Racial Discrimination, and guarantees equality in its Constitution, all... |
2014 |
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Stacey Marlise Gahagan , Alfred L. Brophy |
READING PROFESSOR OBAMA: RACE AND THE AMERICAN CONSTITUTIONAL TRADITION |
75 University of Pittsburgh Law Review 495 (Summer, 2014) |
Reading Professor Obama mines Barack Obama's syllabus on Current Issues in Racism and the Law for evidence of his beliefs about race, law, and jurisprudence. The syllabus for the 1994 seminar at the University of Chicago, which provides the reading assignments and structure for the course, has been available on the New York Times website since... |
2014 |
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Jeremiah Chin |
RED LAW, WHITE SUPREMACY: CHEROKEE FREEDMEN, TRIBAL SOVEREIGNTY, AND THE COLONIAL FEEDBACK LOOP |
47 John Marshall Law Review 1227 (Summer, 2014) |
I. Introduction. 1228 II. Conflict in Context: Historical origins of Cherokee Freedmen and Pending Litigation. 1230 A. Slavery and Reconstruction in the Cherokee Nation and the United States. 1231 1. Slavery in the Cherokee Nation and the beginnings of African enslavement. 1231 2. Removal and Civil War Alliances. 1234 3. Cherokee by Blood and the... |
2014 |
|
Ioanna Tourkochoriti |
SHOULD HATE SPEECH BE PROTECTED? GROUP DEFAMATION, PARTY BANS, HOLOCAUST DENIAL AND THE DIVIDE BETWEEN (FRANCE) EUROPE AND THE UNITED STATES |
45 Columbia Human Rights Law Review 552 (Winter, 2014) |
The 2011 legislative proposal by the French Government to criminalize denial of the Armenian Genocide--and the legislation's invalidation by the French Constitutional Council on rule of law grounds without seriously addressing the free speech concerns underlying the case--raised once more the question of the limits of hate speech protection and of... |
2014 |
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Darrell D. Jackson, JD, PhD |
TEACHING TOMORROW'S CITIZENS: THE LAW'S ROLE IN EDUCATIONAL DISPROPORTIONALITY |
5 Alabama Civil Rights & Civil Liberties Law Review 215 (2014) |
[Schools] are educating the young for citizenship. . . . [P]ublic education must prepare pupils for citizenship in the Republic. . . . Introduction. 215 I. Citizenry. 218 A. Democratic Educational Training. 227 B. Disproportionality. 234 II. The Law's Role in Disproportionality. 239 A. Colorado & Rocky Mountain States. 239 B. Federal Legislation.... |
2014 |
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Brad Snyder |
THE FORMER CLERKS WHO NEARLY KILLED JUDICIAL RESTRAINT |
89 Notre Dame Law Review 2129 (May, 2014) |
Richard Posner wrote that the theory of judicial restraint is dead and that the liberal decisions of the Warren Court killed it. Posner should have placed some of the blame on himself and other former Warren Court and early Burger Court clerks who joined the legal academy. As young law professors, they rejected legal process theory that they had... |
2014 |
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David E. Bernstein , Ilya Somin |
THE MAINSTREAMING OF LIBERTARIAN CONSTITUTIONALISM |
77 Law and Contemporary Problems 43 (2014) |
Libertarian constitutional thought is a distinctly minority position among scholars and jurists--one that, at first glance, has little in common with either modern Supreme Court jurisprudence or the liberalism that dominates the legal academy. However, libertarian ideas have had greater influence on constitutional law than first meets the eye. This... |
2014 |
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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 |
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Stewart Chang |
THE POSTCOLONIAL PROBLEM FOR GLOBAL GAY RIGHTS |
32 Boston University International Law Journal 309 (Summer 2014) |
Abstract. 309 Introduction. 310 I. Framing Global Gay Rights in the Postcolonial State: Decolonization, Illiberal Pragmatism, and Singapore's Ambivalent Relationship with Neoliberalism. 317 II. The Legal History of 377A and the Westernized Constitutional Challenge. 324 III. The Lim Meng Suang Decision: Reading Anti-Neoliberal Intent into the 2007... |
2014 |
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Cheryl Nelson Butler, Sherrilyn Ifill, Suzette Malveaux, Margaret E. Montoya, Natsu Taylor Saito, Nareissa L. Smith, Tanya Washington |
THE STORY BEHIND A LETTER IN SUPPORT OF PROFESSOR DERRICK BELL |
75 University of Pittsburgh Law Review 729 (Summer, 2014) |
In 1990, a young Barack Obama, then a student at Harvard Law School and president of the Harvard Law Review, publicly and enthusiastically hugged Professor Derrick Bell during a student demonstration in support of Professor Bell. In March 2012, members of the far-right media such as Sean Hannity, TheBlaze.com, and Breitbart.com touted a video of... |
2014 |
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Linda H. Edwards |
THE TROUBLE WITH CATEGORIES: WHAT THEORY CAN TEACH US ABOUT THE DOCTRINE-SKILLS DIVIDE |
64 Journal of Legal Education 181 (November, 2014) |
A traveler walking in the forest came across an extraordinary sight. On every tree, there was a target with an arrow dead center. Marveling at the marksmanship, the traveler followed the trail of bull's-eyes in search of the archer. Eventually, he came across a small boy with a bow and arrow. The traveler asked the boy where he had learned such... |
2014 |
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Michael McCann |
THE UNBEARABLE LIGHTNESS OF RIGHTS: ON SOCIOLEGAL INQUIRY IN THE GLOBAL ERA |
48 Law and Society Review 245 (June, 2014) |
It has been an enormous honor for me to serve as the president of the Law and Society Association (LSA). Nevertheless, like many of my predecessors, I approached the challenge of choosing a topic for the ritual lunchtime address with a bit of trepidation. It seems that no matter what a president does over the two-year term, what most sociolegal... |
2014 |
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Dr. Dana Raigrodski, University Of Washington School Of Law |
WHAT CAN COMPARATIVE LEGAL STUDIES LEARN FROM FEMINIST LEGAL THEORIES IN THE ERA OF GLOBALIZATION |
43 University of Baltimore Law Review 349 (Summer 2014) |
This article re-examines the field of comparative law and comparative legal studies through the lens of feminist legal theories/studies (FLT). It suggests that lessons learned from the development of FLT and insights from shared epistemology and methodology within FLT can inform the ongoing controversies within comparative legal studies and provide... |
2014 |
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Danné L. Johnson |
WHAT'S LOVE GOT TO DO WITH IT? INTEREST-CONVERGENCE AS A LENS TO VIEW STATE RATIFICATION OF POST EMANCIPATION SLAVE MARRIAGES |
36 Western New England Law Review 143 (2014) |
As an honored participant in the Western New England University School of Law's Building the Arc of Justice: The Life and Legal Thought of Derrick Bell Symposium, I examined and reflected on the late Professor Bell's contribution to my understanding of life and law. I looked for his legacy, mark, and influence on notions of fairness, justice, and... |
2014 |
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Jean Dennison , University of North Carolina, Chapel Hill |
WHITEWASHING INDIGENOUS OKLAHOMA AND CHICANO ARIZONA: 21ST-CENTURY LEGAL MECHANISMS OF SETTLEMENT |
37 PoLAR: Political and Legal Anthropology Review 162 (May, 2014) |
This article interrogates the various tactics settler colonial legal systems use in establishing and entrenching authority over territories. By comparing a recent Osage Nation reservation court case with Arizona House Bill (HB) 2281, enacted into law as Ariz. Rev. Stats. § 15-112, which has been used to ban Mexican American/Raza Studies (MARS) from... |
2014 |
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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 |
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Chris Chambers Goodman , Sarah E. Redfield |
A TEACHER WHO LOOKS LIKE ME |
27 Journal of Civil Rights & Economic Development 105 (Fall, 2013) |
The justice, business, and education cases for diversity are widely discussed and reported elsewhere in depth. While the common value of diversity is recognized in each realm, moving from discussion to reality for diversity in any of these realms remains elusive. As the various cases suggest, the term diversity is defined and used in many... |
2013 |
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Starla J. Williams, J.d., Ll.m. |
A VALUES-BASED PEDAGOGY FOR THE LEGAL ACADEMY IN A POST-RACIAL ERA |
16 Journal of Gender, Race and Justice 235 (Winter 2013) |
[E]ven if eradicating racism is an impossible goal, the fight for tolerance and equality carries an inherent value. Post-racial America is redefining diversity in the legal academy. Despite the views of many observers that the election of the first African-American President of the United States ushered the nation into an era of racial idealism,... |
2013 |
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Annette Ruth Appell |
ACCOMMODATING CHILDHOOD |
19 Cardozo Journal of Law & Gender 715 (Spring, 2013) |
Unlike other social categories, such as race, gender, sexual identity, and disability, the legal academy has bestowed scant critical examination on the category of childhood. Yet like other socio-legal categories with natural referents, childhood masks the contingency and normativity of behavior, expectations, power, and regulation, rendering the... |
2013 |
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Raj Shah |
AN ARTICLE III DIVIDED AGAINST ITSELF CANNOT STAND: A CRITICAL RACE PERSPECTIVE ON THE U.S. SUPREME COURT'S STANDING JURISPRUDENCE |
61 UCLA Law Review 196 (December, 2013) |
Article III of the U.S. Constitution requires standing to sue for federal subject matter jurisdiction over a case. Under the modern test for standing, plaintiffs must show that they suffered some concrete and imminent injury-in-fact as a result of the illegal conduct of the defendant. While many scholars and judges have critiqued the U.S. Supreme... |
2013 |
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Angela P. Harris |
COMMENTS ON SPEARIT, "LEGAL PUNISHMENT AS CIVIL RITUAL: MAKING CULTURAL SENSE OF HARSH PUNISHMENT" |
82 Mississippi Law Journal 45 (2013) |
Legal scholarship, like other fields of study, is created by networks of scholars who regularly read, criticize, and build on one another's work, attend conferences and workshops in order to converse with one another, and thus develop a common view of what questions are interesting and what methods are appropriate for addressing them. The virtue of... |
2013 |
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