| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Kathryn Abrams |
SOME REALISM ABOUT ELECTORALISM: RETHINKING JUDICIAL CAMPAIGN FINANCE |
72 Southern California Law Review 505 (January/March, 1999) |
In his landmark article on judicial campaign finance, Roy Schotland bemoaned the scant attention given to elected judges in the law school curriculum. He might have said the same thing about the treatment of elected judges in legal scholarship. With a few notable exceptions, the existing works which discuss elected judges consist of short articles... |
1999 |
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| Gerald B. Wetlaufer |
SYSTEMS OF BELIEF IN MODERN AMERICAN LAW: A VIEW FROM CENTURY'S END |
49 American University Law Review 1 (October, 1999) |
Introduction. 2 I. The Range of Theoretical Perspectives. 8 A. Liberalism: The Master Paradigm. 9 B. Turn-of-the-Century Formalism. 10 C. Legal Realism. 16 D. The Legal Process School. 21 E. Law and Economics. 34 F. The Legal Positivist/Analytic Tradition. 43 G. Contemporary Critical Theory. 48 II. Dimensions of Difference. 59 A. The Fairness and... |
1999 |
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| Richard S. Markovits |
TAKING LEGAL ARGUMENT SERIOUSLY: AN INTRODUCTION |
74 Chicago-Kent Law Review 317 (1999) |
The phrase taking legal argument seriously can be used in a number of different senses. The two that are most relevant for the purposes of this Introduction might be called the conviction sense and the pragmatic-craftsmanship sense. An individual takes a given culture's legal argument seriously in the conviction sense if he believes in the... |
1999 |
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| Pamela J. Smith |
TEACHING THE RETRENCHMENT GENERATION: WHEN SAPPHIRE MEETS SOCRATES AT THE INTERSECTION OF RACE, GENDER, AND AUTHORITY |
6 William & Mary Journal of Women and the Law 53 (Fall, 1999) |
The story of black women law professors in the legal academy has yet to be [fully] told. This [Article continues] . . . the process of creating a record of our experiences as teachers, scholars, administrators, and participants in the law school culture. This Article is about perceptions and the negative sociological factors that feed these... |
1999 |
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| David L. Shapiro |
THE CASE OF THE SPELUNCEAN EXPLORERS: A FIFTIETH ANNIVERSARY SYMPOSIUM FOREWORD: A CAVE DRAWING FOR THE AGES |
112 Harvard Law Review 1834 (June, 1999) |
When I was a student in law school, my two favorite law review articles were Henry Hart's famous dialogue and Lon Fuller's presentation of the case of the speluncean explorers. They still are. Why is that so? Perhaps one never quite gets over the joy of discovering a fine work of art or literature when one is young. (I still revere War and Peace,... |
1999 |
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| Melissa Cole |
THE COLOR-BLIND CONSTITUTION, CIVIL RIGHTS-TALK, AND A MULTICULTURAL DISCOURSE FOR A POST-REPARATIONS WORLD |
25 New York University Review of Law and Social Change 127 (1999) |
People keep telling me that this is historic. I guess it is historic in that we're starting this new age of post-affirmative action. But I don't think it's nearly as much an act compared to the people before me who broke the color barriers the first time. Eric Brooks, Boalt Hall, Class of 2000 On November 5, 1996, California voters approved... |
1999 |
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| Paulette M. Caldwell |
THE CONTENT OF OUR CHARACTERIZATIONS |
5 Michigan Journal of Race and Law 53 (Fall 1999) |
INTRODUCTION. 53 I. Reconstructing the Dominant Paradigm of Race. 62 A. Inside Black and White. 62 1. Separate-but-Equal Binaries. 65 2. The Rise of Exceptionalist Claims. 68 3. Restorying the Black-White Paradigm. 76 B. Of Race and Ethnicity. 80 1. Race Versus Ethnicity. 80 2. Conservative Ethnicity Theory. 84 II. Movements, Models and the... |
1999 |
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| Enrique R. Carrasco , Kristen J. Berg |
THE E-BOOK ON INTERNATIONAL FINANCE AND DEVELOPMENT HTTP:// WWW.UIOWA.EDU/IFDEBOOK/ |
9 Transnational Law & Contemporary Problems I (Spring, 1999) |
Kristen Berg and I are very pleased to publish the E-Book on International Finance and Development in this issue of Transnational Law and Contemporary Problems. Debuted in the spring of 1998, the E-Book is the main feature of The University of Iowa Center for International Finance & Development (UICIFD), an innovative website that came to life... |
1999 |
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| James Gray Pope |
THE FIRST AMENDMENT, THE THIRTEENTH AMENDMENT, AND THE RIGHT TO ORGANIZE IN THE TWENTY-FIRST CENTURY |
51 Rutgers Law Review 941 (Symposium, 1999) |
In labor movement circles, there is increasing interest in the idea of launching a major, long-term campaign to establish the right to organize as a meaningful civil right. Thus far, the Constitution has played little role in the discussion. Instead, strategists have focused on revitalizing section 7 of the National Labor Relations Act. In this... |
1999 |
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| Barbara Phillips Sullivan |
THE GIFT OF HOPWOOD: DIVERSITY AND THE FIFE AND DRUM MARCH BACK TO THE NINETEENTH CENTURY |
34 Georgia Law Review 291 (Fall, 1999) |
The term diversity is a curious word appearing with increasing frequency at a time when popular opinion and the judiciary are signaling a hostility toward equality claims by African-Americans. The term and the debate about its value as an institutional interest play a significant role in federal court decisions that address issues of equality and... |
1999 |
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| Berta Esperanza Hernández-Truyol |
THE LATINDIA AND MESTIZAJES : OF CULTURES, CONQUESTS, AND LATCRITICAL FEMINISM |
3 Journal of Gender, Race and Justice 63 (Fall 1999) |
Who is your mother? is an important question. . . . Failure to know your mother, that is, your position and its attendant traditions, history, and place in the scheme of things, is failure to remember your significance, your reality, your right relationship to earth and society. It is the same as being lost . . . . La historia del pueblo cubano,... |
1999 |
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| Beverly Horsburgh |
THE MYTH OF A MODEL MINORITY: THE TRANSFORMATION OF KNOWLEDGE INTO POWER |
10 UCLA Women's Law Journal 165 (Winter 1999) |
Drawing on her own background as a Jewish woman, Professor Horsburgh looks at the harmful effects of the myth in her own community and the ways it impedes the progress of other minorities. Professor Horsburgh finds that as an inspiration of the dominant liberal ideology, the myth disguises patriarchy, encourages cultural imperialism, and... |
1999 |
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| Peter Margulies |
THE NEW CLASS ACTION JURISPRUDENCE AND PUBLIC INTEREST LAW |
25 New York University Review of Law and Social Change 487 (1999) |
Class actions have always contended with imputations of illegitimacy. Conservatives have viewed class actions as promoting unproductive litigation. Some progressives have argued that class actions privilege the lawyer's role, stifling the voices of clients. Along with Calmore and Tremblay, among others, I have sought to develop a contextual... |
1999 |
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| RONALD J. KROTOSZYNSKI, JR. |
THE NEW LEGAL PROCESS: GAMES PEOPLE PLAY AND THE QUEST FOR LEGITIMATE JUDICIAL DECISION MAKING |
77 Washington University Law Quarterly 993 (1999) |
Once upon a time, many in the American legal academy subscribed to a theory of judicial decision making called Legal Process Theory. Scholarly giants like Professor Henry Hart and Professor Herbert Wechsler argued (quite famously) that the particular result in a given case was far less important than the analytical tools used to justify the... |
1999 |
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| Deborah Waire Post |
THE SALIENCE OF RACE |
15 Touro Law Review 351 (Winter, 1999) |
In January of 1998, at the Annual Meeting of the Association of American Law Schools, the organizing committee for the 3 Annual Northeast People of Color Conference got together in the lobby of the Hilton Hotel in downtown San Francisco. Dressed in our We Won't Go Back tee shirts and caps and gowns, we held an impromptu brainstorming session. We... |
1999 |
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| Terrance Sandalow |
THE SHAPE OF THE RIVER: LONG-TERM CONSEQUENCES OF CONSIDERING RACE IN COLLEGE AND UNIVERSITY ADMISSIONS. BY WILLIAM G. BOWEN AND DEREK BOK. PRINCETON: PRINCETON UNIVERSITY PRESS. PP. XXXVI, 472. $24.95. |
97 Michigan Law Review 1874 (May, 1999) |
During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law... |
1999 |
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| Benjamin Baez |
THE SUPREME COURT AND AFFIRMATIVE ACTION: NARRATIVES ABOUT RACE AND JUSTICE |
18 Saint Louis University Public Law Review 413 (1999) |
I start this essay with what may be a simple premise: judges tell stories in order to persuade others that their opinions are the correct ones. I end with a more complicated premise: the affirmative action stories illustrate not only how judges attempt to persuade others but also how language constitutes oppressive social structures. The social... |
1999 |
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| Arthur Austin |
THE TOP TEN POLITICALLY CORRECT LAW REVIEW ARTICLES |
27 Florida State University Law Review 233 (Fall, 1999) |
I. L2-3,T3introduction and Criteria 233. II. L2-3,T3the Top Ten 237. a. number One. 237 b. number Two. 241 c. number Three. 246 d. number Four. 250 e. number Five. 254 f. number Six. 257 g. number Seven. 261 h. number Eight. 265 i. number Nine. 268 j. number Ten. 271 III. L2-3,T3the Implications 276. |
1999 |
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| Jon Gould |
THE TRIUMPH OF HATE SPEECH REGULATION: WHY GENDER WINS BUT RACE LOSES IN AMERICA |
6 Michigan Journal of Gender & Law 153 (1999) |
I. Sexual Harassment Law and Campus Speech Codes 156 II. Disparity in Judicial Treatment 164 A. Sexual Harassment 165 B. Hate Speech Codes 168 III. Traditional Explanations for the Disparity 170 A. Employment vs. Educational Settings 170 B. Special Status of Colleges and Universities 178 C. Universities Overstepping Their Own... |
1999 |
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| Jerome McCristal Culp, Jr. |
TO THE BONE: RACE AND WHITE PRIVILEGE |
83 Minnesota Law Review 1637 (June, 1999) |
Toni Morrison once explained how deeply meaning can be buried in a text. She was asked where in the text of her novel, Beloved, Sethe killed the baby. She answered the questioner by replying confidently that it had happened in a particular chapter, but when she went to look for it there she--the author-- could not find it. Meanings can be difficult... |
1999 |
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| Wendy Brown Scott |
TRANSFORMATIVE DESEGREGATION: LIBERATING HEARTS AND MINDS |
2 Journal of Gender, Race and Justice 315 (Spring 1999) |
Introduction I. Contextualizing the Call to Desegrate Curriculum A. The Origins of Racially Subordinating Curriculum B. The Significance of University Culture Wars II. Liberating Hearts and Minds: Foundation for a Transformative Theory of Desegregation A. The Limits of Liberalism and Critical Theory B. Black Liberation Theology: Norms and Sources... |
1999 |
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| J. Richard Broughton |
UNFORGETTABLE, TOO: THE (JURIS)PRUDENTIAL LEGACY OF THE SECOND JUSTICE HARLAN |
10 Seton Hall Constitutional Law Journal 57 (Fall, 1999) |
In his baseball masterpiece Men at Work, George F. Will relates an occasional comment by former Oakland Athletics owner Charlie Finley, who said [T]he day Custer lost at Little Bighorn the Chicago White Sox beat the Cincinnati Red Legs, 3-2. Both teams wore knickers. And they are still wearing them today. DD While Finley's statement may lack... |
1999 |
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| Matthew S. Lerner |
WHEN DIVERSITY LEADS TO ADVERSITY: THE PRINCIPLES OF PROMOTING DIVERSITY IN EDUCATIONAL INSTITUTIONS, PREMONITIONS OF THE TAXMAN V. BOARD OF EDUCATION SETTLEMENT |
47 Buffalo Law Review 1035 (Spring 1999) |
B.J. was a 10-year old Black student who had always done his work diligently with average results. At the end of third grade, B.J.'s parents were told that he had done well enough to pass. The following September, without notice to his parents, B.J. was placed in a class for children who were either mentally retarded or had learning disabilities.... |
1999 |
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| Steven G. Gey |
WHY RUBBISH MATTERS: THE NEOCONSERVATIVE UNDERPINNINGS OF SOCIAL CONSTRUCTIONIST THEORY |
83 Minnesota Law Review 1707 (June, 1999) |
Anyone who has paid the slightest attention to legal scholarship during the last ten years will already be familiar with the theories patiently addressed by Daniel Farber and Suzanna Sherry in their book Beyond All Reason. This book is already notorious in some circles, although non-academics will be mystified that such a ruckus could be raised by... |
1999 |
|
| Elvia Rosales Arriola |
WILDLY DIFFERENT: ANTI-GAY PEER HARASSMENT IN PUBLIC SCHOOLS |
1 Georgetown Journal of Gender and the Law 5 (Fall, 1999) |
The failure of public school officials to address students' homophobic assaults on other students is a significant factor in the psychological stress experienced by teenagers adjusting to the awareness of being lesbian, gay, bisexual, and/or transgender (LGBT). Researchers, advocates, and activists must explore more deeply how the multiplicity of... |
1999 |
|
| Tanya Katerí Hernández |
"MULTIRACIAL" DISCOURSE: RACIAL CLASSIFICATIONS IN AN ERA OF COLOR-BLIND JURISPRUDENCE |
57 Maryland Law Review 97 (1998) |
Introduction. 98 I. The Background and Motivation of the Multiracial Category Movement. 106 II. The Adverse Consequences of Multiracial Discourse. 115 A. The Reaffirmation of the Value of Whiteness in Racial Hierarchy. 115 B. The Dissociation of a Racially Subordinated Buffer Class from Equality Efforts. 121 C. The Continuation of the Color-Blind... |
1998 |
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| Nomi Maya Stolzenberg |
A BOOK OF LAUGHTER AND FORGETTING: KALMAN'S "STRANGE CAREER" AND THE MARKETING OF CIVIC REPUBLICANISM |
111 Harvard Law Review 1025 (February, 1998) |
When I was a student at Harvard Law School in 1985, I attended a symposium. I no longer remember the topic, but the tenor of the talks and the basic plot of the event--for it turned into something of a spectacle--remain in my memory. In a large law school auditorium, monitored by the oil-painted visages of bygone legal sages, students and faculty... |
1998 |
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| Gil Gott |
A TALE OF NEW PRECEDENTS: JAPANESE AMERICAN INTERNMENT AS FOREIGN AFFAIRS LAW |
19 Boston College Third World Law Journal 179 (Fall, 1998) |
In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... |
1998 |
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| Gil Gott |
A TALE OF NEW PRECEDENTS: JAPANESE AMERICAN INTERNMENT AS FOREIGN AFFAIRS LAW |
40 Boston College Law Review 179 (December, 1998) |
In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... |
1998 |
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| Michael I. Swygert , Katherine Earle Yanes |
A UNIFIED THEORY OF JUSTICE: THE INTEGRATION OF FAIRNESS INTO EFFICIENCY |
73 Washington Law Review 249 (April, 1998) |
Abstract: An idea generally shared by both economists and philosophers is that a legal rule may either achieve distributive fairness or bring about an efficient outcome, but not both. In this Article, the authors argue that justice requires that legal rules consider both fairness and efficiency. The Article discusses the Coase Theorem, as a tool... |
1998 |
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| Daniel A. Farber |
ADJUDICATION OF THINGS PAST: REFLECTIONS ON HISTORY AS EVIDENCE |
49 Hastings Law Journal 1009 (April, 1998) |
We cannot invent our facts. Either Elvis Presley is dead or he isn't. --Eric Hobsbawm Evidence, like clue or proof, is a crucial word for the historian and the judge. So we are told by Carlo Ginzburg, a leading historiographer who has traced comparisons between the roles of the judge and historian over the past two centuries. Today, he advises... |
1998 |
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| Leslie Espinoza , Angela P. Harris |
AFTERWORD: EMBRACING THE TAR-BABY--LATCRIT THEORY AND THE STICKY MESS OF RACE |
10 La Raza Law Journal 499 (Spring 1998) |
In this Afterword, Leslie Espinoza and Angela Harris identify some of the submerged themes of this Symposium and reflect on LatCrit theory more generally. Professor Harris argues that LatCrit theory reveals tensions between scholars wishing to transcend the black-white paradigm and proponents of black exceptionalism. Professor Espinoza argues... |
1998 |
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| Jill Gaulding |
AGAINST COMMON SENSE: WHY TITLE VII SHOULD PROTECT SPEAKERS OF BLACK ENGLISH |
31 University of Michigan Journal of Law Reform 637 (Spring 1998) |
The speech of many black Americans is marked by phrases such as we be writin' or we don't have no problems. Because most listeners consider such Black English speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative... |
1998 |
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| Richard Delgado |
ARE HATE-SPEECH RULES CONSTITUTIONAL HERESY? A REPLY TO STEVEN GEY |
146 University of Pennsylvania Law Review 865 (March, 1998) |
In a recent article, Steven Gey takes strenuous issue with proposals to regulate racist and misogynistic hate speech. Focusing on the work of Mari Matsuda, Charles Lawrence, and myself in the hate-speech area, and Catharine MacKinnon and Andrea Dworkin in the area of pornography regulation, Gey mounts the most sustained attack yet on the view that... |
1998 |
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| john a. powell |
AS JUSTICE REQUIRES/PERMITS: THE DELIMITATION OF HARMFUL SPEECH IN A DEMOCRATIC SOCIETY |
16 Law & Inequality: A Journal of Theory and Practice 97 (Winter 1998) |
[ W]hat should experience be but a future implicated in a present! --John Dewey [Humanity's] capacity for justice makes democracy possible; but [humanity's] inclination to injustice makes democracy necessary. --Reinhold Neibuhr This Article will argue that liberty, free speech and equality are not separate independent norms. Instead, they are... |
1998 |
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| Kevin M. Pimentel , Ronnie H. Rhoe |
ASIAN AMERICA'S GREATEST HITS: A REVIEW OF ANGELO ANCHETA'S RACE, RIGHTS, AND THE ASIAN AMERICAN EXPERIENCE |
4 Michigan Journal of Race and Law 169 (Fall 1998) |
We are the children of the migrant worker We are the offspring of the concentration camp, Sons and daughters of the railroad builder Who leave their stamp on Amerika. Asian Americans have always been on the business end of the stick called history. Alternately and simultaneously characterized as both the eternal foreigner --unwilling and unable... |
1998 |
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| Francis J. Mootz III |
BETWEEN TRUTH AND PROVOCATION: RECLAIMING REASON IN AMERICAN LEGAL SCHOLARSHIP |
10 Yale Journal of Law & the Humanities 605 (Summer 1998) |
The Wallflowers Truth has regained a strong voice in American legal scholarship. Like a groggy patient slowly emerging from a traumatic operation, legal theory is being coaxed back to consciousness by Dan Farber and Suzanna Sherry. They are fighting th |
1998 |
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| Victor C. Romero |
BROADENING OUR WORLD: CITIZENS AND IMMIGRANTS OF COLOR IN AMERICA |
27 Capital University Law Review 13 (1998) |
Your world is as big as you make it. I know, for I used to abide In the narrowest nest in a corner, My wings pressing close to my side. But I sighted the distant horizon Where the sky line encircled the sea And I throbbed with a burning desire To travel this immensity. I battered the cordons around me And cradled my wings on the breeze Then soared... |
1998 |
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| Berta Esperanza Hernández-Truyol |
BUILDING BRIDGES III--PERSONAL NARRATIVES, INCOHERENT PARADIGMS, AND PLURAL CITIZENS |
19 Chicano-Latino Law Review 303 (Spring 1998) |
Because we never had a chance to talk, to teach each other and learn from each other, racism had diminished all the lives it touched. . . . Our young must be taught that racial peculiarities do exist, but that beneath the skin, beyond the differing features and into the true heart of being, fundamentally, we are more alike, my friend, than unalike.... |
1998 |
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| Estelle T. Lau |
CAN MONEY WHITEN? EXPLORING RACE PRACTICE IN COLONIAL VENEZUELA AND ITS IMPLICATIONS FOR CONTEMPORARY RACE DISCOURSE |
3 Michigan Journal of Race and Law 417 (Spring 1998) |
The Gracias al Sacar, a fascinating and seemingly inconceivable practice in eighteenth century colonial Venezuela, allowed certain individuals of mixed Black and White ancestry to purchase Whiteness from their King. The Author exposes the irony of this system, developed in a society obsessed with natural ordering that labeled individuals... |
1998 |
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| Robert S. Chang , Keith Aoki |
CENTERING THE IMMIGRANT IN THE INTER/NATIONAL IMAGINATION |
10 La Raza Law Journal 309 (Spring 1998) |
In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders... |
1998 |
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| Kevin R. Johnson , Amagda Pérez |
CLINICAL LEGAL EDUCATION AND THE U.C. DAVIS IMMIGRATION LAW CLINIC: PUTTING THEORY INTO PRACTICE AND PRACTICE INTO THEORY |
51 SMU Law Review 1423 (July-August, 1998) |
I. THE U.C. DAVIS IMMIGRATION LAW CLINIC. 1428 A. History: From Past to Present. 1430 B. Clinic Operations: A Law Office With Students. 1435 1. Case Selection. 1436 2. Case Preparation. 1437 3. The Hearing. 1440 C. The Clients. 1440 1. Suspension of Deportation for Disabled Mexican Citizen. 1441 2. Deferred Action/Adjustment of Pakistani Minor.... |
1998 |
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| Minna J. Kotkin |
CREATING TRUE BELIEVERS: PUTTING MACRO THEORY INTO PRACTICE |
5 Clinical Law Review 95 (Fall 1998) |
In 1986, Robert Condlin published an article, now somewhat notorious in clinical circles, entitled Tastes Great, Less Filling: The Law School Clinic and Political Critique. There he attacked in-house clinical programs for failing to provide a political critique of lawyering. Political critique, he suggested, requires a critical theory, defined as... |
1998 |
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| Isaac Moriwake |
CRITICAL EXCAVATIONS: LAW, NARRATIVE, AND THE DEBATE ON NATIVE AMERICAN AND HAWAIIAN "CULTURAL PROPERTY" REPATRIATION |
20 University of Hawaii Law Review 261 (Fall, 1998) |
The famous spear rest. If this thing could talk, imagine the stories we'd have. - Mayor Vincent A. Cianci Jr., City of Providence, Rhode Island. Nearly two centuries ago, the Hawaiians lost a kii laau. No one quite remembers when or how such a sacred aumakua (guardian spirit) image and important cultural symbol left the islands. Some say the... |
1998 |
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| Nancy E. Shurtz |
CRITICAL TAX THEORY: STILL NOT TAKEN SERIOUSLY |
76 North Carolina Law Review 1837 (June, 1998) |
[F]eminism is about taking all women seriously, which requires eliciting the differences and conflicts among women. But in the overall feminist scheme of things, any arguable injustice caused by QTIPs to affluent (and overwhelmingly white) widows is simply trivial. Justice Oliver Wendell Holmes once said: Taxes are what we pay for civilized... |
1998 |
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| Vivian Grosswald Curran |
CULTURAL IMMERSION, DIFFERENCE AND CATEGORIES IN U.S. COMPARATIVE LAW |
46 American Journal of Comparative Law 43 (Winter 1998) |
Denn nur durch Vergleichung unterscheidet man sich und erfährt, was man ist, um ganz zu werden, was man sein soll. - Thomas Mann Die schönen Dinge zeigen an, daß der Mensch in die Welt passe und selbst seine Anschauung der Dinge mit den Gesetzen seiner Anschauung stimme. - Kant Les lois. . . . de chaque nation . . . doivent être tellement propres... |
1998 |
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| Vivian Grosswald Curran |
DEALING IN DIFFERENCE: COMPARATIVE LAW'S POTENTIAL FOR BROADENING LEGAL PERSPECTIVES |
46 American Journal of Comparative Law 657 (Fall, 1998) |
Comparative law is a field which by definition deals with and analyzes the other, the different. This characteristic suggests its immediate relevance for major intellectual legal debates and practical legal issues of our time which also focus on the role of the different or other. The diverse communities in contemporary democracies, previously... |
1998 |
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| Sylvia R. Lazos Vargas |
DECONSTRUCTING HOMO[GENEOUS] AMERICANUS: THE WHITE ETHNIC IMMIGRANT NARRATIVE AND ITS EXCLUSIONARY EFFECT |
72 Tulane Law Review 1493 (May, 1998) |
This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in... |
1998 |
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| Anthony S. Wang |
DEMYSTIFYING THE ASIAN AMERICAN NEO-CONSERVATIVE: A STRANGE AND NEW POLITICAL ANIMAL? |
5 Asian Law Journal 213 (May, 1998) |
Asian American neo-conservatives are the product of the 1960s Asian American movement, yet they have diverged in principle from its modern-day progressive flag-bearers. This divergence, Mr. Wang observes, has led to the exclusion of neo-conservatives from the debate over the political direction of Asian Americans. Mr. Wang seeks to de-mystify... |
1998 |
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| Jim Chen |
DIVERSITY IN A DIFFERENT DIMENSION: EVOLUTIONARY THEORY AND AFFIRMATIVE ACTION'S DESTINY |
59 Ohio State Law Journal 811 (1998) |
Bakke is banal, and the affirmative action debate is dishonest. Two decades of doctrinal deadlock have shed little or not light on diversity, the only viable justification for race-conscious university admissions. We can break the logjam by entertaining a series of elaborate legal analogies. The law seeks to protect diversity in many domains,... |
1998 |
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