Law Commons^™

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

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

Faculty Publications

No abstract provided.

The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao

William & Mary Law Review

No abstract provided.

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

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

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

William & Mary Law Review

No abstract provided.

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

William & Mary Law Review

No abstract provided.

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

Faculty Publications

No abstract provided.