Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Elizabeth M. Iglesias |
INTERNATIONAL LAW, HUMAN RIGHTS, AND LATCRIT THEORY |
28 University of Miami Inter-American Law Review 177 (1997) |
I. Introduction. 177 L1-2 II. Imagined Communities and Transnational Identities: LatCrit Perspectivies on First Generation Civil and Political Human Rights. 184 L1-2 III. Free Markets, Welfare States, and Cultural Genocides: LatCrit Perspectives on Economic, Social, and Cultural Human Rights. 194 L1-2 IV. Group Solidarity, Environmental Rights, and... |
1997 |
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Laura M. Padilla |
INTERSECTIONALITY AND POSITIONALITY: SITUATING WOMEN OF COLOR IN THE AFFIRMATIVE ACTION DIALOGUE |
66 Fordham Law Review 843 (December, 1997) |
C1-3Table of Contents Introduction. 844 I. Affirmative Action Backlash or Debunking The Myths. 853 A.Myth: Women of Color Double-Dip From Affirmative Action. 854 B.Myth: Affirmative Action Disregards Merit'. 862 C.Myth: Affirmative Action is Justified Only Under a Perpetrator-Victim Model. 869 D.Myth: Affirmative Action Beneficiaries are... |
1997 |
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Peter Kwan |
JEFFREY DAHMER AND THE COSYNTHESIS OF CATEGORIES |
48 Hastings Law Journal 1257 (August, 1997) |
On May 27, 1991, two teenage cousins noticed what they described as a wounded butt naked young boy in the street. The two cousins were Sandra Smith and Nicole Childress. They lived next to Oxford Apartments, a set of cinderblock low-rise apartments in the North Side of Milwaukee where Jeffrey Dahmer lived. The boy was fourteen years old. His name... |
1997 |
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Kate Nace Day |
JUDICIAL VOICE: JUDGE JULIA COOPER MACK AND IMAGES OF THE CHILD |
40 Howard Law Journal 331 (Winter 1997) |
There was a photograph in Judge Mack's chambers. Of a toddler. A white little boy with pink cheeks, wide blue eyes, and blond curls. It was the mid-seventies and the little boy was the nephew of one of Judge Mack's first law clerks, Susie Nace. The little boy had often heard his aunt speak of Judge Mack. I do not know what he heard in his aunt's... |
1997 |
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Scott D. Gerber |
JUSTICE CLARENCE THOMAS AND THE JURISPRUDENCE OF RACE |
25 Southern University Law Review 43 (Fall, 1997) |
The assumptions upon which our vote dilution decisions have been based should be repugnant to any nation that strives for the ideal of a color-blind Constitution. -Thomas, J., dissenting in Holder v. Hall (1994) Modern color-blind constitutionalism supports the supremacy of white interests and must therefore be regarded as racist. -Neil Gotanda... |
1997 |
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Jean Stefancic |
LATINO AND LATINA CRITICAL THEORY: AN ANNOTATED BIBLIOGRAPHY |
85 California Law Review 1509 (October, 1997) |
Latino/a critical scholarship, though largely ignored, has been around for a long time. One might say that its progenitor was Rodolfo Acuña, whose book Occupied America, originally published in 1972, is now in its third edition. Acuña was the first scholar to reformulate American history to take account of U.S. colonization of land formerly held by... |
1997 |
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Enid Trucios-Haynes |
LATINO/AS IN THE MIX: APPLYING GOTANDA'S MODELS OF RACIAL CLASSIFICATION AND RACIAL STRATIFICATION |
4 Asian Law Journal 39 (May, 1997) |
The author acknowledges the pioneering effect Professor Neil Gotanda's work has had on the discussion of racial discourse to include the racial oppression of Asian/Pacific Islander Americans. According to the author, Professor Gotanda's analytical model to examine the social practice of race contains three elements. Moreover, Professor Gotanda's... |
1997 |
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David Hall |
LEGAL EDUCATION AND THE TWENTY-FIRST CENTURY: OUR CALLING TO FULFILL |
19 Western New England Law Review 139 (1997) |
When I think of all the distinguished people who have graced this luncheon with their presence, I am deeply honored to be asked to speak. When I reflected upon the lives of numerous educators of color, like my former colleague Denise Carty-Bennia, who breathed life into this Section when our numbers were minuscule, and at the same time prepared the... |
1997 |
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Edward L. Rubin |
Legal Reasoning, Legal Process and the Judiciary as an Institution |
85 California Law Review 265 (January, 1997) |
The revival of the legal process school is nowhere more apparent than in Cass Sunstein's new book, Legal Reasoning and Political Conflict. Institutional competence, institutional legitimacy, the countermajoritarian difficulty, the intrinsic morality of law, purposive interpretation, and the difference between rulemaking and adjudication all figure... |
1997 |
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Hope Lewis |
LIONHEART GALS FACING THE DRAGON: THE HUMAN RIGHTS OF INTER/NATIONAL BLACK WOMEN IN THE UNITED STATES |
76 Oregon Law Review 567 (Fall 1997) |
[T]o survive in the mouth of this dragon we call America, we have had to learn this first and most vital lesson--that we were never meant to survive. --Audre Lorde By the rivers of Babylon, there we sat down, yea, we wept, when we remembered Zion . . . . For there they that carried us away captive required of us a song . . . . How shall we sing the... |
1997 |
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Anthony V. Alfieri |
LYNCHING ETHICS: TOWARD A THEORY OF RACIALIZED DEFENSES |
95 Michigan Law Review 1063 (February, 1997) |
I wonder what people would think if they found a nigger hanging on Herndon Avenue. So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James Tiger Knowles tied up a piece of nylon rope about twenty feet long, yellow nylon. They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox went out in the... |
1997 |
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Natsu Taylor Saito |
MODEL MINORITY, YELLOW PERIL: FUNCTIONS OF "FOREIGNNESS" IN THE CONSTRUCTION OF ASIAN AMERICAN LEGAL IDENTITY |
4 Asian Law Journal 71 (May, 1997) |
Those of Asian descent are often portrayed as the model minority. However, the very same elements which comprise the model minority can also be read as components of the yellow peril. The author argues that Neil Gotanda's concept of foreignness rectifies the contradictory images simultaneously attributed to Asian Americans. By characterizing... |
1997 |
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Sumi K. Cho |
MULTIPLE CONSCIOUSNESS AND THE DIVERSITY DILEMMA |
68 University of Colorado Law Review 1035 (Fall 1997) |
There are many valuable aspects of Professor Malamud's article, Affirmative Action, Diversity, and the Black Middle Class. Perhaps her most remarkable point is that we as legal scholars need not limit our arguments to those that the current Supreme Court will accept. It is especially significant that Professor Malamud--as a former Supreme Court... |
1997 |
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Minna J. Kotkin |
MY SUMMER VACATION: REFLECTIONS ON BECOMING A CRITICAL LAWYER AND TEACHER |
4 Clinical Law Review 235 (Fall 1997) |
I've spent my summer vacation reading wonderful articles by clinicians, critical legal theorists, and fellow travellers about lawyering and teaching for an anthology I'm editing, entitled Critical Lawyering. Having dumped my caseload on my long suffering colleague, I've had a bit of time to do what I'm always asking of my students, but do so... |
1997 |
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Jewel Amoah |
NARRATIVE: THE ROAD TO BLACK FEMINIST THEORY |
12 Berkeley Women's Law Journal 84 (1997) |
Black feminist thought cannot challenge race, gender, and class oppression without empowering African-American women. Oppressed people resist by identifying themselves as subjects, by defining their reality, shaping their new identity, naming their history, telling their story. The practice of storytelling or Narrative is deeply rooted in... |
1997 |
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Gary Minda |
NEIL GOTANDA AND THE CRITICAL LEGAL STUDIES MOVEMENT |
4 Asian Law Journal 7 (May, 1997) |
In this essay, the author tells of the historical development of Critical Legal Studies during the 1980s. It is from this background that Neil Gotanda and others developed the base for the Asian American legal studies movement. Although there is now a deeper understanding of how discrimination works within different cultural communities because of... |
1997 |
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Deborah Jones Merritt, Jennifer Cihon |
NEW COURSE OFFERINGS IN THE UPPER-LEVEL CURRICULUM: REPORT OF AN AALS SURVEY |
47 Journal of Legal Education 524 (December, 1997) |
What are the most common new courses in the upper-level curriculum? How many of those courses include a writing or skills component? How many were generated in response to student demand? And how many are taught by tenure-track faculty rather than by adjuncts, visitors, or non-tenure-track instructors? Do law schools with a higher percentage of... |
1997 |
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Winston P. Nagan |
NOT JUST A DESCENDING TRAIL: TRAVERSING HOLMES' MANY PATHS OF THE LAW |
49 Florida Law Review 463 (July, 1997) |
I. Introduction. 463 II. The Bad Man and Social Process. 464 III. The Path of the Law as Immature Jurisprudence. 467 IV. A Path to a More Mature Jurisprudence: The Nature of Decisionmaking. 472 V. Focussing the Lens: The Path to a Workable Perspective. 475 VI. Conclusion. 482 |
1997 |
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Guadalupe T. Luna |
ON HOLDING THE LINE AND RETROGRESSIVE ZEITGEIST: A TRIBUTE TO JUDGE THEODORE MCMILLIAN |
52 Washington University Journal of Urban and Contemporary Law 59 (1997) |
Circumstances make men just as much as men make circumstances. This tribute provides an invaluable opportunity to recognize an individual who has transformed and enriched my life in immeasurable ways. With unmitigated restraint Judge McMillian's rich intellect, uncompromising integrity, and much appreciated wit and wisdom have imparted valuable... |
1997 |
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Enrique R. Carrasco |
OPPOSITION, JUSTICE, STRUCTURALISM, AND PARTICULARITY: INTERSECTIONS BETWEEN LATCRIT THEORY AND LAW AND DEVELOPMENT STUDIES |
28 University of Miami Inter-American Law Review 313 (1997) |
L1-3,T3I. Introduction 314 L1-4 L1-3,T3II. LatCrits' Tools of Criticism 318 L1-4 L1-3,T3III. Opposition, Justice, Structuralism, and Particularity in the International Context 321 L1-4 A. The New International Economic Order. 321 L1-4 B. Import Substitution. 323 L1-4 C. The Rise and Fall of Oppositional Voices. 324 L1-4 L1-3,T3IV. Potential... |
1997 |
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Darren Lenard Hutchinson |
OUT YET UNSEEN: A RACIAL CRITIQUE OF GAY AND LESBIAN LEGAL THEORY AND POLITICAL DISCOURSE |
29 Connecticut Law Review 561 (Winter, 1997) |
i'm clear about why i am and how i ami cannot extricate the lesbian from my soul no more than i could the chicanai have always been both. I was mute, tongue-tied, burdened by shadows and silence. Now I speak and my burden is lightened lifted free. In the poem Tongues Untied, Marlon T. Riggs, a black gay filmmaker and writer, recounts childhood... |
1997 |
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Larry Catá Backer |
PITIED BUT NOT ENTITLED: THE NORMATIVE LIMITATIONS OF SCHOLARSHIP ADVOCATING CHANGE |
19 Western New England Law Review 59 (1997) |
We have just heard three wonderful presentations on the problems of welfare in the United States and two possible approaches to solving these problems. It is with some embarrassment, therefore, that I must note that with my talk, I may now oblige us to descend from those heights of hope to some level far more pedestrian and academic. I apologize... |
1997 |
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Dennis W. Arrow |
POMOBABBLE: POSTMODERN NEWSPEAK AND CONSTITUTIONAL "MEANING" FOR THE UNINITIATED |
96 Michigan Law Review 461 (December, 1997) |
Newspeak was the official language of Oceania . . . . In the year 1984 there was not as yet anyone who used Newspeak as his sole means of communication, either in speech or writing. The leading articles in the Times were written in it, but this was a tour de force which could only be carried out by a specialist . . . . [But] all Party members... |
1997 |
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Christopher L. Sagers |
POSTMODERN LEGAL MOVEMENTS: LAW AND JURISPRUDENCE AT CENTURY'S END. BY GARY MINDA. NEW YORK: NEW YORK UNIVERSITY PRESS. 1995. PP. XII, 350. CLOTH, $36; PAPER, $18.95. |
95 Michigan Law Review 1927 (May, 1997) |
American legal scholarship of the past thirty years has been characterized by nothing so much as fragmentation. The accelerating evolution of contemporary scholarship has brought about forays into all manner of cognate disciplines, has elicited considerable criticism, and, for some scholars, has reflected an extreme disaffection with traditional... |
1997 |
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Deborah Waire Post |
POWER AND THE MORALITY OF GRADING-A CASE STUDY AND A FEW CRITICAL THOUGHTS ON GRADE NORMALIZATION |
65 UMKC Law Review 777 (Summer, 1997) |
There is a wonderful chapter in Jane Smiley's book Moo where a young woman reflects on the distance between the theory of economics advanced by a famous professor in whose class she is enrolled and her own life experience. She reviews mentally the behavior she has witnessed in her lifetime that disproves the very proposition she is supposed to be... |
1997 |
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Molly Townes O'Brien |
PRIVATE SCHOOL TUITION VOUCHERS AND THE REALITIES OF RACIAL POLITICS |
64 Tennessee Law Review 359 (Winter, 1997) |
C1-3Table of Contents I. Introduction. 359 II. An Education for Citizenship. 365 III. The Overlooked History of the Private School Voucher Program Idea. 374 A. Early Years of the Private School Tuition Voucher. 374 B. The Middle Years: Transforming the Rhetoric. 385 C. The Political Revitalization of the Tuition Voucher Idea. 392 IV. The Myth of... |
1997 |
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Clark Freshman |
PRIVATIZING SAME-SEX "MARRIAGE" THROUGH ALTERNATIVE DISPUTE RESOLUTION: COMMUNITY-ENHANCING VERSUS COMMUNITY-ENABLING MEDIATION |
44 UCLA Law Review 1687 (August, 1997) |
Mary and Susan have lived together for five years. Two years ago, with the help of a mutual friend, Susan gave birth to Adrienne. But Mary soon decided she couldn't pass up a great career opportunity as a manager for a local gay and lesbian political organization. Susan decided to leave her teaching job in order to raise Adrienne full time.... |
1997 |
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Girardeau A. Spann |
PROPOSITION 209 |
47 Duke Law Journal 187 (November, 1997) |
Introduction. 188 I. Stakes of the Debate. 195 A.Thrust of the Proposition. 201 B.Unresolved Ambiguities. 207 1.Discrimination v. Preference. 207 2.Gender. 210 3.Nexus. 213 4.State Action. 222 5.Harm. 223 C.Contestable Assumptions. 225 1.Morality. 225 2.Neutrality. 231 3.Merit. 234 4.Unconscious Discrimination. 237 5.Lingering Discrimination. 238... |
1997 |
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Francisco Valdes |
QUEER MARGINS, QUEER ETHICS: A CALL TO ACCOUNT FOR RACE AND ETHNICITY IN THE LAW, THEORY, AND POLITICS OF "SEXUAL ORIENTATION" |
48 Hastings Law Journal 1293 (August, 1997) |
L1-2Introduction 1294 I. The Sexual Orientation Anti-Discrimination Status Quo: A Survey. 1301 A. Privacy, Equality, and Family: A Doctrinal Sketch. 1301 B. Postmodernism, Status/Conduct Issues, and Gender: A Theoretical Sketch. 1308 C. Anti-Discrimination and Anti-Subordination Agendas: Diversifying Justice. 1311 D. Race and Ethnicity: A Pending... |
1997 |
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Mary Becker |
QUESTIONS WOMEN (AND MEN) SHOULD ASK WHEN SELECTING A LAW SCHOOL |
11 Wisconsin Women's Law Journal 417 (Summer 1997) |
Many people choose a law school without considering its atmosphere or their desired area of study. I chose a law school based on the limited information available in LSAS's Guide to Law Schools. This essay is designed to give a woman law student applicant information about factors worth considering in selecting a law school. Obviously, not every... |
1997 |
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Ian F. Haney López |
RACE, ETHNICITY, ERASURE: THE SALIENCE OF RACE TO LATCRIT THEORY |
85 California Law Review 1143 (October, 1997) |
On September 20, 1951, an all-White grand jury in Jackson County, Texas indicted twenty-six-year-old Pete Hernández for the murder of another farm worker, Joe Espinosa. Gus García and John Herrera, lawyers with the League of United Latin American Citizens (LULAC), a Mexican-American civil rights organization, took up Hernández's case, hoping to use... |
1997 |
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Kevin R. Johnson |
RACIAL HIERARCHY, ASIAN AMERICANS AND LATINOS AS "FOREIGNERS," AND SOCIAL CHANGE: IS LAW THE WAY TO GO? |
76 Oregon Law Review 347 (Summer 1997) |
A symposium entitled Citizenship and Its Discontents could not be more timely. The end of the twentieth century has been marked by a lengthy debate in the United States, as well as in nations around the world, on citizenship and national identity. In response to mounting concerns about changes attributed to new immigrants, Congress in 1996... |
1997 |
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John O. Calmore |
RANDOM NOTES OF AN INTEGRATION WARRIOR |
81 Minnesota Law Review 1441 (June, 1997) |
I think that the hard work of a nonracist sensibility is the boundary crossing, from safe circle into wilderness: the testing of boundary, the consecration of sacrilege. It is the willingness to spoil a good party and break an encompassing circle, to travel from the safe to the unsafe. The transgression is dizzyingly intense, a reminder of what it... |
1997 |
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Kirk A. Kennedy |
REAFFIRMING THE NATURAL LAW JURISPRUDENCE OF JUSTICE CLARENCE THOMAS |
9 Regent University Law Review 33 (Fall, 1997) |
In only his seventh term on the United States Supreme Court, Associate Justice Clarence Thomas is leaving an indelible mark on the face of American law. The erudition and indefatigable intellectual energy manifested in Thomas' recent opinions and speeches are refreshing, especially in an age when the philosophy of law is being overwhelmed by... |
1997 |
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W. Burlette Carter |
RECONSTRUCTING LANGDELL |
32 Georgia Law Review 1 (Fall, 1997) |
Langdell. In legal circles the name evokes a series of less than complimentary images: a man who purported to teach law, but despised the practice of it; one who believed that law should be studied within the four walls of the university, away from its practice, in much the way that a scientist discovers scientific principles within the sterile... |
1997 |
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Richard S. Harnsberger |
REFLECTIONS ABOUT LAW REVIEWS AND AMERICAN LEGAL SCHOLARSHIP |
76 Nebraska Law Review 681 (1997) |
I. Introduction. 681 II. A Curious Way of Doing Things. 682 III. Why Do Students Join Law Reviews?. 686 IV. Is Criticism of Law Reviews Justified or Is It Full of sound a nd fury, signifying nothing?'. 687 V. From Practical to Theoretical Legal Scholarship. 691 VI. Yet Another Accusation: Law Reviews Are the Cause of the Supreme Court's Poor... |
1997 |
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David Hall, Dean, , Northeastern University School of Law |
REFLECTIONS ON AFFIRMATIVE ACTION: HALCYON WINDS AND MINEFIELDS |
31 New England Law Review 941 (Spring 1997) |
Recently, there has been so much said and written about affirmative action that one has to wonder whether there is a need to add anymore rhetoric to this heated debate. The metaphor of halcyon winds and minefields, poetically captures the perspective that I would like to bring to this discussion. There are certainly some strange winds blowing... |
1997 |
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RETHINKING EQUALITY IN THE GLOBAL SOCIETY |
75 Washington University Law Quarterly 1561 (Winter 1997) |
Foreword 1562 Conference Agenda 1563 Biographies of Conference Participants 1565 Table of Contents for Conference Materials 1577 Opening Remarks on Saturday, November 8, 1997 @@Clark D. Cunningham 1579 Transcribed Conference Proceedings on Monday, November 10, 1997 9:00 a.m.Opening Plenary Dorsey Ellis, Jr., John Bowen, Clark D. Cunningham 1586... |
1997 |
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RETHINKING RACE FOR STRICT SCRUTINY PURPOSES: YNIGUEZ AND THE RACIALIZATION OF ENGLISH ONLY |
19 University of Hawaii Law Review 221 (Spring, 1997) |
Maria-Kelly Yniguez spoke Spanish on the job. As an insurance claims manager for the State of Arizona, she managed medical malpractice claims asserted against the state. A Latina fluent in English and Spanish, Maria often spoke Spanish to Latino claimants to help them understand intricate legal concepts related to their claims. She inquired about... |
1997 |
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Dianne Otto |
RETHINKING THE "UNIVERSALITY" OF HUMAN RIGHTS LAW |
29 Columbia Human Rights Law Review 1 (Fall 1997) |
The conclusion of the Cold War brought with it reinvigorated assertions of modern European knowledges as universal. In 1991, U.S. President George Bush heralded, with echoes of President Roosevelt's 1941 Four Freedoms vision, the birth of a new world order based on an international consensus embracing the great U.S. ideal of freedom for all. There... |
1997 |
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Reviewed by Richard Delgado |
RODRIGO'S FIFTEENTH CHRONICLE: RACIAL MIXTURE, LATINO-CRITICAL SCHOLARSHIP, AND THE BLACK-WHITE BINARY |
75 Texas Law Review 1181 (April 1, 1997) |
Rodrigo, here I am, I announced, raising my voice over the din of the airport loudspeaker and voices of fellow passengers waiting at curbside. How kind of you to pick me up. No problem. Giannina's back home, reviewing for a midterm. Here, let me take that bag. Nice car, I said. Did you have it last time? No, it's new. We tried doing... |
1997 |
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Richard Delgado |
RODRIGO'S FOURTEENTH CHRONICLE: AMERICAN APOCALYPSE |
32 Harvard Civil Rights-Civil Liberties Law Review 275 (Summer, 1997) |
Hee-hee I caught myself muttering under my breath with a childish excitement unbefitting someone my age as I walked up the last few stairs to Rodrigo's fourth floor office. In the past, my young enfant terrible had made a practice of dropping in on me unexpectedly, materializing (and once even dematerializing) as though out of nowhere. Now, I... |
1997 |
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Ruth Gordon |
SAVING FAILED STATES: SOMETIMES A NEOCOLONIALIST NOTION |
12 American University Journal of International Law and Policy 903 (1997) |
I. Introduction. 904 II. Disintegrating States: The Problem. 913 A. Defining the Problem. 913 B. Why Disintegration. 916 III. Trusteeship: The Proposed Solution. 923 IV. International Supervision Through Trusteeship. 926 A. The Colonial Enterprise. 930 1. The Rise of Colonialism and Its Rationalizations. 930 2. International Law and the Colonial... |
1997 |
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Melanie B. Abbott |
SEEKING SHELTER UNDER A DECONSTRUCTED ROOF: HOMELESSNESS AND CRITICAL LAWYERING |
64 Tennessee Law Review 269 (Winter, 1997) |
C1-3Table of Contents Prologue. 270 I. Introduction. 271 II. Homelessness: The Current Problem. 272 III. The Role of Law in Society. 275 A. Legal Realism. 276 B. Critical Legal Studies. 282 C. Post-CLS Critical Theory: Critical Lawyering. 285 D. Therapeutic Jurisprudence. 288 IV. Jurisprudential Theories Applied to Social Action. 289 V. Critical... |
1997 |
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Deborah Jones Merritt , Barbara F. Reskin |
SEX, RACE, AND CREDENTIALS: THE TRUTH ABOUT AFFIRMATIVE ACTION IN LAW FACULTY HIRING |
97 Columbia Law Review 199 (March, 1997) |
Affirmative action in law faculty hiring continues to provoke controversy. In this Article, Professors Merritt and Reskin seek to inform the ongoing debate by reporting results from the first comprehensive empirical study of the effects of sex and race on tenure-track hiring at accredited law schools. Their analysis controls for educational... |
1997 |
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Jane S. Schacter |
SKEPTICISM, CULTURE AND THE GAY CIVIL RIGHTS DEBATE IN A POST-CIVIL-RIGHTS ERA |
110 Harvard Law Review 684 (January, 1997) |
A post-civil-rights sensibility is not new, but seems increasingly pervasive. The right characteristically laments civil rights laws as excessive while the left considers them inadequate. Against this background of misgivings, advocates of gay, lesbian, and bisexual equality persevere in a third decade of seeking gay civil rights legislation that... |
1997 |
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Lisa Chiyemi Ikemoto |
SOME TIPS ON HOW TO ENDANGER THE WHITE MALE PRIVILEGE IN LAW TEACHING |
19 Western New England Law Review 79 (1997) |
I am a Sansei woman, a third generation Japanese American woman. I was taught not to consider my identity as relevant to legal analysis. And yet my Asianness, my femaleness, and sometimes my lack of apparent (hetero)sexual orientation are relevant to those who judge my abilities to teach law or to do legal scholarship. Jerome Culp has written about... |
1997 |
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Lisa A. Crooms |
SPEAKING PARTIAL TRUTHS AND PRESERVING POWER: DECONSTRUCTING WHITE SUPREMACY, PATRIARCHY, AND THE RAPE CORROBORATION RULE IN THE INTEREST OF BLACK LIBERATION |
40 Howard Law Journal 459 (Winter 1997) |
I cannot write contrary to what life reveals to me. I wish to malign no one. Men are not born rapists; we are taught very subtly, often in unspoken ways, that women are ours for the taking. I want to scream it out that we should know better, those of us who have endured diaspora and genocide. I want to make us look into the mirror to see how... |
1997 |
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Karen M. Gebbia-Pinetti |
STATUTORY INTERPRETATION, DEMOCRATIC LEGITIMACY AND LEGAL-SYSTEM VALUES |
21 Seton Hall Legislative Journal 233 (1997) |
I. INTRODUCTION: THE STATUTORY INTERPRETATION DEBATE. 234 II. THE SEARCH FOR STATUTORY INTERPRETATION VALUES. 240 A. Legal-System Values. 240 B. From Legal-System Values to Democratic Legitimacy. 256 C. Democratic Legitimacy in Statutory Interpretation. 267 1. Textualist Legitimacy. 271 2. Originalist Legitimacy. 280 3. Dynamic Legitimacy. 291 D.... |
1997 |
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Chris K. Iijima |
SWIMMING FROM THE ISLAND OF THE COLORBLIND: DESERTING AN ILL-CONCEIVED CONSTITUTIONAL METAPHOR |
17 Loyola of Los Angeles Entertainment Law Journal 583 (1997) |
No birds sing on Guam. Indeed, no birds exist at all on the island; at the end of the Second World War, tree climbing brown snakes, hidden in the hold of an American Navy ship, found that they had no predators in the indigenous fauna. And now that the birds have long since disappeared, the fruit bats' inevitable fate looms each night. On general... |
1997 |
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