Law Commons^™

Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin

Cornell Law Faculty Publications

Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson

All Faculty Scholarship

Lawyer-bashing in America has long been a national pastime, having somehow escaped the palliative of political correctness that has greatly diminished other scurrilous pursuits like Jewish-American-Princess-baiting and Polish-joking.

Much of the profession's negative image can be ascribed to the sheer number of people hanging out their shingles as attorneys at law - just about as many per capita as there are inmates currently serving time in all the state prisons. Lawyers are likewise chastised for the hard-sell hucksterism of their advertising, the exponential growth of their caseloads, and the endless upward spiral of their fee scales. No doubt such perceptions, …

Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Gay/Lesbian Law Scholarship Awarded For Second Year

Press Releases

No abstract provided.

If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush

UF Law Faculty Publications

In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …

Fight Muhammad's 'Secret' With Facts, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Intersections Of Race, Ethnicity, And The Law, Valerie P. Hans, Ramiro Martinez Jr.

Cornell Law Faculty Publications

The development of law is inextricably linked to matters of race and ethnicity. The stories of minority citizens--the texture of their lives, the prejudices they have endured, and their struggles for fair treatment--have been documented in the pages of legal opinions, as judges over the years have wrestled with fundamental questions of racial bias and inequality. Studying race, ethnicity, and the law is challenging for many reasons, not the least of which is the prime difficulty of defining what we mean by race. Even the choice of words used to identify minority individuals has social and political ramifications. How law …

Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins

Faculty Publications

No abstract provided.

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Forum On Gay Marriage, Families And Adoption Set

Press Releases

No abstract provided.

Forum On Gay Marriage, Families And Adoption Set

Press Releases

No abstract provided.

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman

Faculty Scholarship

No abstract provided.

St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Force African-American Fathers To Parent Their Delinquent Sons - A Factor To Be Considered At The Dispositional Stage, Lundy Langston

Journal Publications

What species can survive and function when a substantial segment of its young male population is harnessed by the burdens of substance abuse, unemployment, and incarceration? Empirical data suggests that these maladies have infected African-American males at a rate alarmingly disproportionate to that of other races. This trend, if it continues, suggests that America is creating a dysfunctional class. In this Article the term "dysfunctional" refers to a predicament wherein African-American males engage in violent activities.' Their conduct may be attributable to their inability to contribute to the family or smaller groups which form the foundation of the social order …

Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Representing The Lesbian In Law And Literature, Anne B. Goldstein

Faculty Scholarship

This Essay addresses the question "what is involved in representing a lesbian? in two contexts, law and literature. Its premise is that the work of novelists is enough like the work of lawyers that lawyers can learn how to represent lesbian clients better by studying books with lesbian characters. This is a preliminary, anecdotal, and impressionistic effort. The Author relies upon several systematic surveys of the field and her seven years' experience as a litigator and eight years' further reading and reflection about the problems and strategies of representing lesbians.

The Essay begins by exploring the general problem of representing …

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws, Peter Siegelman

Faculty Articles and Papers

Reviewing: Richard Epstein, Forbidden Grounds: The Case against Employment Discrimination Laws. Cambridge, Mass.: Harvard University Press, 1991.

Beyond The Civil Rights Agenda For Blacks: Principles For The Pursuit Of Economic And Community Development, James Jennings

William Monroe Trotter Institute Publications

Over the last several decades, this country has experimented with economic development and social welfare strategies and programs molded by liberals and conservatives, and embodied in the policies and politics of both Republicans and Democrats at the national level. However, given the continuing social and economic crisis, and gaps between African Americans and whites, it seems the approaches of both liberals and conservatives have been inadequate. Due to the failure of current policy strategies, in terms of black living conditions, debate in the black community should move from disagreements between liberals and conservatives, or Democrats and Republicans, towards the question …

Judicial Recantation, Mark A. Graber

Faculty Scholarship

No abstract provided.

A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly

Journal Articles

This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …

Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson

Faculty Scholarship

This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …

Civil Rights Act Of 1991, Neal Devins

Faculty Publications

No abstract provided.

The Second Amendment And The Personal Right To Arms, William W. Van Alstyne

Faculty Publications

For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …

The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk

Law Faculty Articles and Essays

Disjunctive legal change is often accompanied by a period of frantic activity as the competing forces of stasis and evolution vie for domination. Nowhere is the battle for legal change likely to be more sharply joined than when the findings of modern science, in their varied and multifarious forms, are pitted directly against prevailing moral or societal precepts. One of the latest incarnations of this trend is the battle over the legal recognition of gay "rights." In recent history, the courts have been inundated by gay litigants seeking the rights and protections already afforded other discrete groups within society. In …

Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass

Law Faculty Articles and Essays

This review of § 1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court § 1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court § 1983 litigation, and the Supreme Court has begun to pay greater attention to state court § 1983 cases. Nonetheless, most § 1983 materials focus on the federal courts. Moreover, the few works addressing litigation of § 1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article …

Speech: The Handover, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

The speech that Archbishop Tutu made in Pretoria South Africa during the handing over of the Truth & Reconciliation Commission final report to President Thabo Mbeki. Handwritten notes throughout typewritten speech.

How Radical Is Lani Guinier?, Michael Lewyn

Scholarly Works

No abstract provided.