AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Daniel A. Farber , Suzanna Sherry TELLING STORIES OUT OF SCHOOL: AN ESSAY ON LEGAL NARRATIVES 45 Stanford Law Review 807 (April, 1993) [T]o have crafted, on occasion, something true and truly put-whatever the devil else legal scholarship is, is from, or is for, it's the joy of that too. Once upon a time, the law and literature movement taught us that stories have much to say to lawyers, and Robert Cover taught us that law is itself a story. Instead of living happily ever after... 1993  
John O. Calmore THE CASE OF THE SPELUNCEAN EXPLORERS: CONTEMPORARY PROCEEDINGS 61 George Washington Law Review 1764 (August, 1993) Calmore, J. In this case we are faced with difficult issues that transcend the matter at hand. Petitioners appeal an earlier decision of our judicial predecessors who, in an evenly divided vote, affirmed petitioners' convictions for murder and their death sentences. As explained below, I would set aside their death sentences. The record reveals... 1993  
William N. Eskridge, Jr. THE CASE OF THE SPELUNCEAN EXPLORERS: TWENTIETH-CENTURY STATUTORY INTERPRETATION IN A NUTSHELL 61 George Washington Law Review 1731 (August, 1993) Roger Whetmore is cannibalized by his cave-exploring colleagues in Lon Fuller's hypothetical case of the Speluncean Explorers. The survivors are convicted of violating a law making it a crime that one willfully take the life of another, notwithstanding their defense of necessity. The explorers were trapped in a cave and would have died but for... 1993  
Harry T. Edwards THE GROWING DISJUNCTION BETWEEN LEGAL EDUCATION AND THE LEGAL PROFESSION: A POSTSCRIPT 91 Michigan Law Review 2191 (August, 1993) In October 1992, in the pages of this law review, I expressed my deep concern about the growing disjunction between legal education and the legal profession, in an article with the same title. My thesis was as follows: I fear that our law schools and law firms are moving in opposite directions. The schools should be training ethical practitioners... 1993  
Rhonda V. Magee THE MASTER'S TOOLS, FROM THE BOTTOM UP: RESPONSES TO AFRICAN-AMERICAN REPARATIONS THEORY IN MAINSTREAM AND OUTSIDER REMEDIES DISCOURSE 79 Virginia Law Review 863 (May, 1993) Prologue. 864 I. Introduction. 864 II. Racial Remedies Theory. 868 A. The Traditional Debate: Nationalism Versus Integrationism. 868 B. A New Perspective: Cultural Equity Theory. 871 C. Reparations, Separation, and Integration as Cultural Equity Methods. 875 III. The Reparations Tradition Within Racial Remedies Discourse. 876 A. A Modern... 1993  
Larry Alexander WHAT WE DO, AND WHY WE DO IT 45 Stanford Law Review 1885 (July, 1993) Most likely, it has always been the best of times and the worst of times in legal education, for ever since it set up shop within the university, legal education has led a double life. We train students to enter a profession that most of us fled after brief exposure or never entered at all. At the same time, frequently armed only with a J.D., we... 1993  
Randy Frances Kandel WHITHER THE LEGAL WHALE: INTERDISCIPLINARITY AND THE SOCIALIZATION OF PROFESSIONAL IDENTITY 27 Loyola of Los Angeles Law Review 9 (November, 1993) The time has come, the Walrus said, To talk of many things: Of shoesand shipsand sealing-waxOf cabbagesand Kings . . . . We live in and by the law. So begins the preface to Ronald Dworkin's award-winning book, Law's Empire. Professor Dworkin's words no doubt resonate with many, if not most, legal scholars and practitioners who perceive... 1993  
Susan N. Herman WHY THE COURT LOVES BATSON: REPRESENTATION-REINFORCEMENT, COLORBLINDNESS, AND THE JURY 67 Tulane Law Review 1807 (June, 1993) I. Introduction. 1808 II. Whose Rights? Jurors, Defendants, and Colorblind Equality. 1815 A. E Pluribus Unum: Out of Many Rights Came One. 1815 B. Do Defendants Have a Right to Nondiscriminatory Jury Selection?. 1819 C. Colorblindness and the Court. 1824 1. Group Identification as a Race-Neutral Explanation. 1825 2. Colorblindness and Defense... 1993  
John Henry Schlegel A CERTAIN NARCISSISM; A SLIGHT UNSEEMLINESS 63 University of Colorado Law Review 595 (1992) My first draft of this piece began with a few cautionary remarks on the danger of narcissism when looking back at legal scholarship over so short a period as ten years. I still hold those cautions but, since completing that draft, two things have changed my understanding of the matter. First, I have come to realize that most law teachers feel that... 1992  
Veronica Gentilli A DOUBLE CHALLENGE FOR CRITICAL RACE SCHOLARS: THE MORAL CONTEXT 65 Southern California Law Review 2361 (July, 1992) If we are to bring fairness and justice to legal interpretation and discourse, those processes must be informed by the context of history and culture. Moral realism holds that if moral precepts are true, they are objectively true and carry prescriptive force. Several other theories, including pragmatism and postmodernism, have rejected moral... 1992  
Robert D. Dinerstein A MEDITATION ON THE THEORETICS OF PRACTICE 43 Hastings Law Journal 971 (April, 1992) This Essay started out as something between a mild critique of and philippic against some of the articles that comprise the theoretics of practice movement. But the more I thought about how to convey some of what I consider to be the deficiencies of the literature, the more it seemed that the best way to do this was through writing about a case... 1992  
Daniel C.K. Chow A PRAGMATIC MODEL OF LAW 67 Washington Law Review 755 (October, 1992) While all of us are pragmatic in an informal or colloquial sense in many instances in daily life, pragmatism as applied to law has a deeper, jurisprudential sense. The author suggests that modern legal pragmatism presents a model of law that avoids the serious philosophical errors of the traditional model of law, which is based upon assumptions... 1992  
Donald P. Judges BAYONETS FOR THE WOUNDED: CONSTITUTIONAL PARADIGMS AND DISADVANTAGED NEIGHBORHOODS 19 Hastings Constitutional Law Quarterly 599 (Spring, 1992) Introduction. 601 I. Equality Principles, Negative Rights. 605 A. Negative Rights, Entitlements, and State Action. 606 1. Negative Rights. 607 2. Entitlements. 613 3. State Action. 615 B. Equality of Educational Opportunity. 620 1. School Finance Cases. 620 2. Desegregation Cases. 623 C. The Paradigm as Problem. 628 II. Affirmative Action and... 1992  
Robin L. West CONSTITUTIONAL SCEPTICISM 72 Boston University Law Review 765 (September, 1992) Interpretive constitutional debate over the last few decades has centered on two apparently linked questions: whether the Constitution can be given a determinate meaning, and whether the institution of judicial review can be justified within the basic assumptions of liberalism. Two groups of scholars have generated answers to these questions. The... 1992  
John O. Calmore CRICICAL RACE THEORY, ARCHIE SHEPP, AND FIRE MUSIC: SECURING AN AUTHENTIC INTELLECTUAL LIFE IN A MULTICULTURAL WORLD 65 Southern California Law Review 2129 (July, 1992) If you ever find yourself, some where lost and surrounded by enemies who won't let you speak in your own language who destroy your statues & instruments, who ban your omm bomm ba boom then you are in trouble they ban your oom boom ba boom you in deep deep trouble humph! probably take you several hundred years to get out! Amiri Baraka This Article... 1992  
Linz Audain CRITICAL LEGAL STUDIES, FEMINISM, LAW AND ECONOMICS, AND THE VEIL OF INTELLECTUAL TOLERANCE: A TENTATIVE CASE FOR CROSS-JURISPRUDENTIAL DIALOGUE 20 Hofstra Law Review 1017 (Summer, 1992) In this Article, Professor Audain asserts that common ground exists among the-at times-competing or conflicting schools of Critical Legal Studies, Feminist Jurisprudence, and Law and Economics. He argues that scholars writing in each school would find it beneficial to engage in dialogue with the others, and proposes a code of conduct within which... 1992  
Luke W. Cole EMPOWERMENT AS THE KEY TO ENVIRONMENTAL PROTECTION: THE NEED FOR ENVIRONMENTAL POVERTY LAW 19 Ecology Law Quarterly 619 (1992) C1-3CONTENTS L1-2Introduction 620 I. Pollution's Victims. 621 II. Environmental Movements and Environmental Law. 634 A. The Legal-Scientific Movement and the Emergence of Environmental Law. 635 B. The Rise of Grassroots Environmentalism. 636 C. Differences of Experience and Perspective. 639 III. Why Environmental Poverty Law?. 641 A. Environmental... 1992  
Margaret M. Russell ENTERING GREAT AMERICA: REFLECTIONS ON RACE AND THE CONVERGENCE OF PROGRESSIVE LEGAL THEORY AND PRACTICE 43 Hastings Law Journal 749 (April, 1992) In this world-weary period of pervasive cynicisms, nihilisms, terrorisms, and possible extermination, there is a longing for norms and values that can make a difference, a yearning for principled resistance and struggle that can change our desperate plight. Lawyers working for social change have always yearned to make a difference in people's... 1992  
Nancy Levit ETHEREAL TORTS 61 George Washington Law Review 136 (November, 1992) Uncertainty is fashionable. This is a good thing, because it is virtually inescapable. During the 1980s and 1990s, theorists in law, philosophy, the sciences, social sciences, and the humanities have attempted to explain, measure, harness, manipulate, and control uncertainty. Like these other disciplines, law involves, in part, a search for order... 1992  
Kenneth Lasson FEMINISM AWRY: EXCESSES IN THE PURSUIT OF RIGHTS AND TRIFLES 42 Journal of Legal Education 1 (March, 1992) By providence or happenstance, modern feminism has achieved mythic proportions. The classic case of Hercules v. Hera, in which the heroic son of Zeus was sentenced to seemingly impossible labors by the vengeful goddess of women, is as relevant today as it was in ancient Greece. The Battle of the Sexes is, after all, the true Mother of All... 1992  
Ann Scales FEMINIST LEGAL METHOD: NOT SO SCARY 2 UCLA Women's Law Journal 1 (Spring, 1992) Professor Anita Hill brought the processes of United States government to a temporary standstill just as I was finishing this Article. Hill's contribution to the possibility of equal governance was profound, and though this Article is not primarily about the Thomas confirmation hearings, I have to say this. I admit that I wanted the vote in the... 1992  
The Board of Editors FOREWORD TO THE SYMPOSIUM ON RACE CONSCIOUSNESS AND LEGAL SCHOLARSHIP 1992 University of Illinois Law Review 945 (1992) In February 1992, The University of Illinois College of Law hosted a Conference on Race Consciousness and Legal Scholarship. This two-day conference, which brought together academics from divergent law schools from across the country, was both the College of Law's initial foray into postmodern legal scholarship and another stone paving the trail... 1992  
Richard Delgado LEGAL SCHOLARSHIP: INSIDERS, OUTSIDERS, EDITORS 63 University of Colorado Law Review 717 (1992) A. The Stefancic Article I find an intriguing connection between this very fine piece by Ms. Stefancic and the Law in Action school of legal scholarship that sprang up at Wisconsin in the middle years of the century and continues today. Law in Action, an early Critical movement in American law, focuses on how legal institutions and rules operate in... 1992  
Robin West MURDERING THE SPIRIT: RACISM, RIGHTS, AND COMMERCE 90 Michigan Law Review 1771 (May, 1992) The Alchemy of Race and Rights: The Diary of a Law Professor. By Patricia L. Williams. Cambridge: Harvard University Press. 1991. Pp. 263. Cloth, $24.95; paper, $10.95. Patricia Williams' The Alchemy of Race and Rights: The Diary of a Law Professor, is an eloquent, profoundly original, and often brilliant collection of interdisciplinary essays and... 1992  
Edward L. Rubin ON BEYOND TRUTH: A THEORY FOR EVALUATING LEGAL SCHOLARSHIP 80 California Law Review 889 (July, 1992) In this issue, the California Law Review presents an exchange of views on the problem of evaluation and legal thought. Professor Rubin's Article opens the discussion by suggesting that the absence of an evaluative theory has had unfortunate consequences for the development of legal scholarship. Professor Rubin contends the lack of agreed-upon... 1992  
Mary I. Coombs OUTSIDER SCHOLARSHIP: THE LAW REVIEW STORIES 63 University of Colorado Law Review 683 (1992) A radically new form of writing has been appearing in law reviews of late. Consider, for example, the following: I want to know my hair again, to own it, to delight in it again, to recall my earliest mirrored reflection when there was no beginning . . . . I want to know my hair again, the way I knew it . . . before I knew that the burden of... 1992  
Jerome McCristal Culp, Jr. POSNER ON DUNCAN KENNEDY AND RACIAL DIFFERENCE: WHITE AUTHORITY IN THE LEGAL ACADEMY 41 Duke Law Journal 1095 (April, 1992) What then are the tenure standards for the affirmative action hires to be? If they are the same tenure standards as for white males, then probably a disproportionate number of blacks will not make tenure, and this will be more than awkward. What is to be done? Are there to be two tenure tracks? If so, will voting on tenure in the affirmative action... 1992  
Joel F. Handler POSTMODERNISM, PROTEST, AND THE NEW SOCIAL MOVEMENTS 26 Law and Society Review 697 (1992) My subject is postmodern politics and law, protest from below, and the new social movements. The question I am concerned with is the value of postmodernism for transformative politics. Scholars concerned with the struggles of subordinate groups have long emphasized protest from below. Accounts of the resistance of blacks and poor people became... 1992  
Karl E. Klare POWER/DRESSING: REGULATION OF EMPLOYEE APPEARANCE 26 New England Law Review 1395 (Summer, 1992) I. Introduction II. A Doctrinal Survey of Employee Appearance Regulation A. Constitutional Law 1. The liberty interest 2. Fundamental rights B. Civil Rights Statutes 1. Race and religion 2. Gender a. Dress codes b. Attractiveness requirements C. Collective Bargaining Law III. Appearance Regulation Law and the Constitution of Social Life A.... 1992  
Mark Tushnet REPLY 81 Georgetown Law Journal 343 (December, 1992) Readers will evaluate for themselves the merits of Gary Peller's extravagant response to my article. It would unnecessarily tax readers' patience to enumerate his misstatements of my views. The response is driven by two intellectual failures, misrepresentation and inconsistency. They are related through Peller's inability to comprehend a complex,... 1992  
Richard Delgado RODRIGO'S CHRONICLE 101 Yale Law Journal 1357 (April, 1992) Excuse me, Professor, I'm Rodrigo Crenshaw. I believe we have an appointment. Startled, I put down the book I was reading and glanced quickly first at my visitor, then at my desk calendar. The tall, rangy man standing in my doorway was of indeterminate age-somewhere between twenty and forty-and, for that matter, ethnicity. His tightly curled hair... 1992  
Shauna Van Praagh STORIES IN LAW SCHOOL: AN ESSAY ON LANGUAGE, PARTICIPATION, AND THE POWER OF LEGAL EDUCATION 2 Columbia Journal of Gender and Law 111 (1992) In the fall of 1986, the entering law school class at Queen's University was greeted with an orientation address by Professor Toni Pickard. Professor Pickard welcomed the students by saying that law school is part of real life, rather than being a way-station on the route to something else and that the students were responsible for being active... 1992  
Wendy R. Brown THE CONVERGENCE OF NEUTRALITY AND CHOICE: THE LIMITS OF THE STATE'S AFFIRMATIVE DUTY TO PROVIDE EQUAL EDUCATIONAL OPPORTUNITY 60 Tennessee Law Review 63 (Fall, 1992) Introduction I. Neutrality: Mississippi Without A Road Map A. District Court And Ayers II B. Framework for Critique 1. Influence of Racism 2. Out of Historical Context 3. Disaggregation to Create Legitimate Interest II. Fettered Choice A. Origins Of The Freedom Of Choice Concept B. Constraints on Choice 1. Location of Schools and Residential... 1992  
D. Marvin Jones THE DEATH OF THE EMPLOYER: IMAGE, TEXT, AND TITLE VII 45 Vanderbilt Law Review 349 (March, 1992) I. Introduction: Geneva Crenshaw's Complaint A. The Intent Model: A Problem of Law As Ideology and Legitimation B. The Hidden Discursive Barrier II. The Employer As Myth A. Every Event A Deed B. The Speaker In the Text III. The Employer As Metaphor A. Real Equality: The Historical Group Model of Discrimination B. Formal Equality: The... 1992  
Gary Peller THE DISCOURSE OF CONSTITUTIONAL DEGRADATION 81 Georgetown Law Journal 313 (December, 1992) Mark Tushnet was, for many years, secretary of the Conference on Critical Legal Studies (CLS), and he remains one of the best-known figures on the legal left. He is also one of the most highly regarded constitutional law scholars of our time. In addition, a substantial portion of his extensive scholarly work considers the impact of race on American... 1992  
Richard Delgado THE IMPERIAL SCHOLAR REVISITED: HOW TO MARGINALIZE OUTSIDER WRITING, TEN YEARS LATER 140 University of Pennsylvania Law Review 1349 (April, 1992) Ten years ago I began writing an article, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, that became one of the more controversial pieces of its time. It has been cited more than fifty times, as often without approval as with. Even as sympathetic a coreligionist as Derrick Bell describes the article as an intellectual... 1992  
Theresa A. Gabaldon THE LEMONADE STAND: FEMINIST AND OTHER REFLECTIONS ON THE LIMITED LIABILITY OF CORPORATE SHAREHOLDERS 45 Vanderbilt Law Review 1387 (November, 1992) I. An Extended Introduction 1388 A. The Lemonade Stand. 1388 B. The American Dream Meets Dr. Frankenstein. 1390 C. Mary Shelley Was a Woman. 1393 II. Looking Back: Frankenstein's Contract 1394 A. A Definition and Brief History of Limited Liability in America. 1394 B. A Little (Still Historical) Reinterpretation. 1398 C. Economic Perspectives: The... 1992  
Naomi R. Cahn THE LOOSENESS OF LEGAL LANGUAGE: THE REASONABLE WOMAN STANDARD IN THEORY AND IN PRACTICE 77 Cornell Law Review 1398 (September, 1992) For feminists working with the law, the relationship between theory and practice has been critical, although often uneasy and problematic. Part of this tension between theory and practice stems from inevitable, and important, questions about whether the legal process can meaningfully address women's needs. Nonetheless, because the strength of... 1992  
Thomas Morawetz UNDERSTANDING DISAGREEMENT, THE ROOT ISSUE OF JURIPRUDENCE: APPLYING WITTGENSTEIN TO POSITIVISM, CRITICAL THEORY, AND JUDGING 141 University of Pennsylvania Law Review 371 (December, 1992) My judgments themselves characterize the way I judge, characterize the nature of judgment. C1-3Table of Contents I. Antifoundationalism and Contemporary Jurisprudence. 374 A. Where We Are. 374 B. Where We Need to Go. 378 II. Law as a Deliberative Practice. 383 A. Rules, Games, and Judgments. 384 1. The Hardest Question: A Tale of Two Metaphors. 384... 1992  
Peter C. Schanck UNDERSTANDING POSTMODERN THOUGHT AND ITS IMPLICATIONS FOR STATUTORY INTERPRETATION 65 Southern California Law Review 2505 (September, 1992) I. INTRODUCTION II. POSTMODERN THOUGHT GENERALLY III. MAJOR SCHOOLS OF POSTMODERN THOUGHT A. Poststructuralism 1. Poststructuralist Antecedents 2. Jacques Derrida 3. Derrida and Deconstruction 4. Critiques of Deconstruction B. Stanley Fish and Neopragmatism 1. Richard Rorty 2. Stanley Fish 3. Critiques of Fish a. Is Fish a Relativist? b. Is Fish a... 1992  
Stephen M. Feldman WHOSE COMMON GOOD? RACISM IN THE POLITICAL COMMUNITY 80 Georgetown Law Journal 1835 (June, 1992) I'm for truth, no matter who tells it. I'm for justice, no matter who it is for or against. I'm a human being first and foremost, and as such I'm for whoever and whatever benefits humanity as a whole. Malcolm X I have the audacity to believe that peoples everywhere can have three meals a day for their bodies, education and culture for their minds,... 1992  
Neil Gotanda A CRITIQUE OF "OUR CONSTITUTION IS COLOR-BLIND" 44 Stanford Law Review 1 (November, 1991) I. Introduction. 2 II. Color-Blind Constitutionalism and the Public-Private Distinction. 7 A. The Private Right to Discriminate. 8 B. The Normative Content of the Public-Private Distinction. 12 1. Public and private relations. 13 2. Public and private actors. 14 III. Nonrecognition. 16 A. Nonrecognition as Technique. 16 B. Self-Contradiction and... 1991  
Dwight L. Greene ABUSIVE PROSECUTORS: GENDER, RACE & CLASS DISCRETION AND THE PROSECUTION OF DRUG-ADDICTED MOTHERS 39 Buffalo Law Review 737 (Fall, 1991) It came as a shock . . . and then I was pretty angry. Addiction is a medical problem. You wouldn't put a heart patient in jail for having a heart attack. And you wouldn't prosecute an epileptic for having a seizure. . . . It's been a nightmare! . . . My baby was taken away from his mother for the first ten months of his life; there was no bonding... 1991  
Joan Mahoney CONTROVERSIAL CIVIL LIBERTARIANS 104 Harvard Law Review 936 (February, 1991) In recent years the American Civil Liberties Union has come under attack from both the right and the left. Former Attorney General Edwin Meese referred to the ACLU as the criminals' lobby, and during his 1988 presidential campaign President Bush repeatedly denounced his opponent, Michael Dukakis, who had identified himself as an ACLU member, as... 1991  
Mark Kelman EMERGING CENTRIST LIBERALISM 43 Florida Law Review 417 (July, 1991) I. Post-War Centrist Scholarship A. The Post-War Centrist Consensus Outside and Inside the Legal Academy B. The Breakdown of the Centrist Consensus C. Centrist Critiques of the Right D. Centrist Critiques of the Left II. Conclusion In this essay, I will take for granted a proposition that is actually the subject of enormous debate: what we lawyers... 1991  
Richard Delgado ENORMOUS ANOMALY? LEFT-RIGHT PARALLELS IN RECENT WRITING ABOUT RACE AND WE ARE NOT SAVED: THE ELUSIVE QUEST FOR RACIAL JUSTICE. BY DERRICK BELL. NEW YORK: BASIC BOOKS, 1987. PP. XII, 288, REFLECTIONS OF AN AFFIRMATIVE ACTION BABY. BY STEPHEN L. CARTER. NE 91 Columbia Law Review 1547 (October, 1991) Much recent writing about race and civil rights falls squarely within what I might call the classic-liberal mode. This writing, generally highly normative and rights-based in nature but cautiously incremental in scope and ambition, criticizes Supreme Court opinions, decries our recent inattention to the plight of women and persons of color, and... 1991  
Charles H. Jones EQUALITY, DIGNITY AND HARM: THE CONSTITUTIONALITY OF REGULATING AMERICAN CAMPUS ETHNOVIOLENCE 37 Wayne Law Review 1383 (Spring, 1991) There are many reasons why discourse about the constitutionality of regulating hate speech on college campuses is complex and largely indeterminate. Opponents and advocates of regulation tend to divide into two camps: civil libertarians and equalitarians. Those who believe strongly that the entry of government, in the form of the university, into... 1991  
Marion G. Crain FEMINIZING UNIONS: CHALLENGING THE GENDERED STRUCTURE OF WAGE LABOR 89 Michigan Law Review 1155 (March, 1991) Feminist scholars in increasing numbers are calling for a feminist agenda that challenges directly the economic, social, and political power imbalance between women and men. All agree that economic empowerment of women is a central feature of this agenda. Some center this debate in a broad-based challenge to the gendered structure of wage labor,... 1991  
Kathryn Abrams HEARING THE CALL OF STORIES 79 California Law Review 971 (July, 1991) In this Article, Professor Abrams examines the emergence of feminist narrative scholarship as a distinctive form of critical legal discourse. Arguing that the failure to debate publicly the conventions and merits of this form has perpetuated misunderstandings about its claims and disadvantaged its practitioners, she begins by examining several of... 1991  
J. M. Balkin IDEOLOGY AS CONSTRAINT 43 Stanford Law Review 1133 (May, 1991) Critical Legal Studies: A Liberal Critique. By Andrew Altman. Princeton: Princeton University Press. 1990. x + 206 pp. $29.95. The debate between the Critical Legal Studies movement and its critics has often seemed little more than a collection of arbitrary dismissals from both sides. For this reason, few books can be more welcome than the... 1991  
52 53 54 55 56 57 58 59 60 61