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Full-Text Articles in Law
The Hastie Fellowship Program At Forty: Still Creating Minority Law Professors, Thomas W. Mitchell
The Hastie Fellowship Program At Forty: Still Creating Minority Law Professors, Thomas W. Mitchell
Faculty Scholarship
This article provides a history of and information about the structure of the William H. Hastie Fellowship Program at the University of Wisconsin Law School. This article is part of a series of articles published by the Wisconsin Law Review commemorating Professor James E. Jones Jr., emeritus professor of law at the University of Wisconsin Law School and the founder of the Hastie Fellowship Program. Forty years after this pioneering program was established, the Hastie Fellowship Program continues to represent the preeminent pipeline program that has enabled more than 30 minority lawyers to become tenure-track law professors at law schools …
S13rs Sgfb No. 14 (Isa, Fusion Festival), Llorca, Beadle
S13rs Sgfb No. 14 (Isa, Fusion Festival), Llorca, Beadle
Student Senate Enrolled Legislation
No abstract provided.
S13rs Sgfb No. 16 (Hscs, Dia Del Niño), Beadle
S13rs Sgfb No. 16 (Hscs, Dia Del Niño), Beadle
Student Senate Enrolled Legislation
No abstract provided.
The Attack On Western Religions By Western Law: Re-Framing Pluralism, Liberalism And Diversity, I Benson
The Attack On Western Religions By Western Law: Re-Framing Pluralism, Liberalism And Diversity, I Benson
Law Papers and Journal Articles
This paper discusses how law is increasingly being used to attack religious associations under the guise of “equality” advancement and “non-discrimination” restrictions. I explore two important insights: first that the concept of “transformation” has been distorted, to shelter approaches to law that fail to respect properly associational diversity. When misused, “transformation” seeks to change the moral viewpoints or religious beliefs of religious associations by force of law. Second, the paper discusses the expansion of law so that it becomes a threat to associations. The “goods of religion” and the “limits of law” need to be more widely recognized and understood …
Who Decides Who Decides In International Investment Arbitration?, Chiara Giorgetti
Who Decides Who Decides In International Investment Arbitration?, Chiara Giorgetti
Law Faculty Publications
The past twenty years have witnessed a dramatic rise in international adjudication, and especially in international investment arbitration. As international investment arbitration has become more prominent and pervasive, one of its fundamental tenets has come under fire: the practice of having the parties themselves nominate one or more of the arbitrators. Critics contend that party-appointed arbitrators are inherently biased and thus propose eliminating party-appointments altogether. In this article, I argue that moving away from party-appointed arbitrators is unwarranted and unwise, and would too radically transform international investment arbitration. Instead, I propose a simpler solution: adopting stricter arbitrator challenge rules and …
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
Faculty Scholarship
This essay explores whether, how or, perhaps, to what extent President Barack Obama’s time as a constitutional law professor at the University of Chicago is reflected in his approach to judicial appointments. Three things are striking about President Obama’s initial approach to judicial selection. First, he has appointed the most diverse bench of any President. Second, he has appointed judges rather slowly compared to his predecessors. And, finally, he has appointed a rather politically moderate bench. How might these particular and in some ways surprising aspects of President Obama’s judicial appointments reflect – or not reflect – his time as …
Striving For Equity And Diversity, Cecilia Y. Leong-Salobir
Striving For Equity And Diversity, Cecilia Y. Leong-Salobir
Faculty of Law, Humanities and the Arts - Papers (Archive)
Earlier commemorative histories of The University of Western Australia focused on the development of physical buildings and the growth of staff and student numbers.l There were glowing reports of audits and assessments with nary a mention of equity or diversity. Today, universities face a variety of challenges in the equitable treatment of staff and students. No longer white, middle-class and mainly male, Australian universities have evolved into institutions of learning that are microcosms of modern Australian society. Empirical evidence suggests that the University has met many of the challenges of catering for the different needs of its staff and student …
Considering Class: College Access And Diversity, Matthew N. Gaertner, Melissa Hart
Considering Class: College Access And Diversity, Matthew N. Gaertner, Melissa Hart
Publications
Each time that the continued legality of race-conscious affirmative action is threatened, colleges and universities must confront the possibility of dramatically changing their admissions policies. Fisher v. University of Texas, which the Supreme Court will hear this year, presents just such a moment. In previous years when affirmative action has been outlawed by ballot initiative in specific states or when the Court has seemed poised to reject it entirely, there have been calls for replacing race-conscious admissions with class-based affirmative action. Supporters of race-conscious affirmative action have typically criticized the class-based alternative as ineffective at maintaining racial diversity. This …
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Articles
Precedent from the Roberts Court shows the Justices taking three distinct approaches to precedent they dislike. Each provides a template for the Court to criticize race-based affirmative action in higher education, as Fisher v. University of Texas at Austin is widely expected to do. Most narrowly, the Court might use Fisher to issue a warning, much like it did in 2009 when it sidestepped a constitutional challenge to the Voting Rights Act; under this approach, the opinion would spell out why the Justices think the diversity celebrated in Grutter v. Bollinger no longer provides sufficient justification for the use of …
Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza
Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza
Faculty Scholarship
In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …