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Full-Text Articles in Law
Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez
Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez
Articles
LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.
The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller
The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller
Articles in Law Reviews & Other Academic Journals
Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …
Foreword: The Dispossessed Majority: Resisting The Second Redemption In América Posfascista (Postfascist America) With Latcrit Scholarship, Community, And Praxis Amidst The Global Pandemic, Sheila I. Velez Martinez
Foreword: The Dispossessed Majority: Resisting The Second Redemption In América Posfascista (Postfascist America) With Latcrit Scholarship, Community, And Praxis Amidst The Global Pandemic, Sheila I. Velez Martinez
Articles
As LatCrit reaches its twenty-fifth anniversary, we aspire for this symposium Foreword to remind its readers of LatCrit’s foundational propositions and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. Working for lasting social change from an antisubordination perspective enables us to see the myriad laws, regulations, policies, and practices that, by intent or effect, enforce the inferior social status of historically- and contemporarily-oppressed groups. In turn, working with a perspective and principle of antisubordination can inspire us to …
Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez
Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez
Articles
“Towards an Education for Justice: South North Perspectives” was the theme of the XI LatCrit South North Exchange on Theory, Culture and Law, convened at the Universidad de los Andes in Bogotá, Colombia in 2014. Scholars, students and activists from more than 10 countries encompassing the Global South and Global North engaged in a critical and animated exchange on the changing space of legal studies and how this change can be stirred towards acknowledging the need to integrate a concern for justice as part of legal education. The premise of the Conference was that the dominant model of legal education, …
On Legal Scholarship, Danielle K. Citron, Robin West
On Legal Scholarship, Danielle K. Citron, Robin West
Shorter Faculty Works
Academic critics contend that legal scholarship is overly argumentative or too “normative,” simply stating what the law should be, as well as what the law is. It isn’t about pure scholarship’s pursuit of knowledge within the discipline of a recognized academic field. Critics from the bar and the judiciary proffer the opposite complaint: legal scholarship is too academic and not professional enough, enamored with fads, unmoored from any discipline and of little use to the practicing lawyer or sitting judge. Law schools’ legions of cost-conscious critics complain that paying high salaries to professors with low course loads drives up tuitions. …
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Breaking Glass: Identity, Community And Epistemology In Theory, Law And Education, Francisco Valdes
Articles
No abstract provided.
Pragmatic Liberalism: The Outlook Of The Dead, Justin Desautels-Stein
Pragmatic Liberalism: The Outlook Of The Dead, Justin Desautels-Stein
Publications
At the turn of the twentieth century, the legal profession was rocked in a storm of reform. Among the sparks of change was the view that "law in the books" had drifted too far from the "law in action." This popular slogan reflected the broader postwar suspicion that the legal profession needed to be more realistic, more effective, and more in touch with the social needs of the time. A hundred years later, we face a similarly urgent demand for change. Across the blogs and journals stretches a thread of anxieties about the lack of fit between legal education and …
Keynote Discussion: Just Exactly What Does A Transactional Lawyer Do?, William J. Carney, Ronald J. Gilson, George W. Dent
Keynote Discussion: Just Exactly What Does A Transactional Lawyer Do?, William J. Carney, Ronald J. Gilson, George W. Dent
Faculty Scholarship
Panel discussion from the Center for Transactional Law and Practice at Emory University School of Law’s second biennial Transactional Law Conference, “Transactional Education: What's Next?” (June 2010).
How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon
How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon
Faculty Scholarship
Even if one believes that law is not an autonomous discipline, few would dispute that it is a conservative institution and that its members are trained via a pedagogical method quite different from that of other professions. A central aspect of this training is the case method and — thus — the specialized narrative form that appellate opinions take. This essay examines the case method and suggests ways to crack it open — without discarding it — and thereby achieve one of the goals set forth in the Carnegie Report: namely, to supplement the analytical, rule-based mode of reasoning inherent …
Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag
Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag
Publications
In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
Beyond Interpretation, Pierre Schlag
Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines
Attorney Hit With Sanctions For Poor Brief (New York Law Journal), Deborah Pines
News Articles
No abstract provided.
Book Review Of Dangerous Supplements: Resistance And Renewal In Jurisprudence, Richard F. Devlin Frsc
Book Review Of Dangerous Supplements: Resistance And Renewal In Jurisprudence, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Dangerous Supplements: Resistance and Renewal in Jurisprudence (1991 ), edited by Peter Fitzpatrick, is the first instalment in a new series, Law and Social Theory, being published by the progressive British publisher Pluto Press. As someone who had been subjected to an intensely positivistic- perhaps even authoritarian- jurisprudential, undergraduate education in Belfast, both the title and the dustcover intrigued me. The latter portrays a towering, seemingly unassailable, citadel with "jurisprudence" inscribed upon it, being bombarded by paper planes with the insignia of critical theory, semiotics, feminism, postmodernism and "new ideas." This image led me to wonder whether the book would …
The Brilliant, The Curious, And The Wrong, Pierre Schlag
The Brilliant, The Curious, And The Wrong, Pierre Schlag
Publications
No abstract provided.
Theoretical Considerations And Practical Proposals, Jerome Hall
Theoretical Considerations And Practical Proposals, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Jurisprudence, Men And Ideas Of The Law By Edwin W. Patterson, John T. Bauman
Book Review. Jurisprudence, Men And Ideas Of The Law By Edwin W. Patterson, John T. Bauman
Articles by Maurer Faculty
No abstract provided.