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Articles 1 - 12 of 12
Full-Text Articles in Law
Winning The Battle, Winning The War, Malka Herman
Winning The Battle, Winning The War, Malka Herman
William & Mary Law Review Online
This Article analyzes Derrick Bell's interest-convergence theory and its utility for lawyers when litigating for the rights of nondominant groups. The first part of this Article studies four different cases in which plaintiffs or amicus curiae chose arguments that highlighted the ways their interests converged with potential allies. The Article uses these cases as examples of four different ways that a lawyer can engage in interest-convergence litigation. The strategies examined in this Article rest on two axes: dominant/nondominant narrative convergence and natural/unnatural ally convergence. An analysis of the effects of each of these techniques makes it clear that dominant narrative …
Of Moral Outrage In Judicial Opinions, Duane Rudolph
Of Moral Outrage In Judicial Opinions, Duane Rudolph
William & Mary Journal of Race, Gender, and Social Justice
Moral outrage is a substantive and remedial feature of our laws, and the Article addresses three questions overlooked in the scholarly literature. What do judges mean when they currently express moral outrage in the remedies portion of their opinions? Should judges express such moral outrage at all? If so, when? Relying on a branch of legal philosophy known as hermeneutics that deals with the interpretation and understanding of texts, the Article argues that in interpreting and understanding cases judges should express moral outrage when faced with individuals from communities whose voice has historically been at risk, is currently at risk, …
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao
William & Mary Law Review
No abstract provided.
Looking At Communities And Markets, Lan Cao
Looking At Communities And Markets, Lan Cao
Faculty Publications
No abstract provided.
Legislative Heart And Phase Transitions: An Exploratory Study Of Congress And Minority Interests, Vincent Di Lorenzo
Legislative Heart And Phase Transitions: An Exploratory Study Of Congress And Minority Interests, Vincent Di Lorenzo
William & Mary Law Review
No abstract provided.
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
Toward A Religious Minority Voice: A Look At Free Exercise Law Through A Religious Minority Perspective, Samuel J. Levine
William & Mary Bill of Rights Journal
Legal scholars have recently advanced theories emphasizing the importance of perspectives in the law. Perspective scholarship recognizes that laws are necessarily shaped by society's dominant forces, including its biases and preconceptions. Perspective scholars attempt to understand how these forces have shaped our laws, and they suggest changes to accommodate those affected by society's biases.
In this Article, Professor Levine introduces the concept of a religious minority perspective. He develops the concept of a religious minority perspective in the context of several, prominent Free Exercise cases. Professor Levine discusses these cases in his presentation of the central themes of a religious …
The Rise And Fall Of Supreme Court Concern For Racial Minorities, John E. Nowak
The Rise And Fall Of Supreme Court Concern For Racial Minorities, John E. Nowak
William & Mary Law Review
No abstract provided.
The Case Against Affirmative Action, Terry Eastland
The Case Against Affirmative Action, Terry Eastland
William & Mary Law Review
No abstract provided.
The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild
The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild
William & Mary Law Review
No abstract provided.
Protection Of Immigrant And Racial Minorities: A Survey Of British Legal History, Richard Plender
Protection Of Immigrant And Racial Minorities: A Survey Of British Legal History, Richard Plender
William & Mary Law Review
No abstract provided.
The Philadelphia Plan And Strict Racial Quotas In Federal Contracts, Paul Marcus
The Philadelphia Plan And Strict Racial Quotas In Federal Contracts, Paul Marcus
Faculty Publications
No abstract provided.