Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

PDF

Susan D. Carle

Articles 1 - 26 of 26

Full-Text Articles in Law

The Effect Of Context On Practice, Susan D. Carle Oct 2019

The Effect Of Context On Practice, Susan D. Carle

Susan D. Carle

Book review of Lynn Mather, Craig A. McEwan & Richard J. Maiman's Divorce Lawyers at Work: Varieties of Professionalism in Practice

Go to article

Panel Three: Ethical Dilemmas Associated With The Corporate Attorney's New Role, Susan D. Carle, Jeffrey D. Bauman, Arthur D. Burger, Susan Hackett, Sheldon Krantz Jun 2017

Panel Three: Ethical Dilemmas Associated With The Corporate Attorney's New Role, Susan D. Carle, Jeffrey D. Bauman, Arthur D. Burger, Susan Hackett, Sheldon Krantz

Susan D. Carle

No abstract provided.

Go to article

Angry Employees, Susan D. Carle Dec 2015

Angry Employees, Susan D. Carle

Susan D. Carle

INTRODUCTION: To read federal case law decided under Title VII of the Civil Rights Act of 19641-the provision that prohibits employment discrimination on the basis of race, sex, and other characteristics-is to be struck by the continuing racial and sexual hostility in U.S. workplaces today, and also at courts' too frequent unwillingness to address it. Courts throw out plaintiffs' cases even where the facts involve such egregious employer behavior as, in the race context, supervisors repeatedly calling employees the n-word and using other racial epithets, ordering African American employees to perform work others in the same job classification do not …

Go to article

Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan D. Carle Dec 2013

Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan D. Carle

Susan D. Carle

This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)-namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites …

Go to article

What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan D. Carle Dec 2013

What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan D. Carle

Susan D. Carle

Discusses legal employment and salary and how legal education can address the current market.

Go to article

Women In Law A Review Of Rebels In Law, Voices In History Of Black Women Lawyers, The University Of Michigan Press. (J. Clay Smith Ed. 1998) 1998 & Virginia G. Drachman Sisters In Law, Women Layers In Modern American History, Harvard University Press. 1998, Susan D. Carle Oct 2012

Women In Law A Review Of Rebels In Law, Voices In History Of Black Women Lawyers, The University Of Michigan Press. (J. Clay Smith Ed. 1998) 1998 & Virginia G. Drachman Sisters In Law, Women Layers In Modern American History, Harvard University Press. 1998, Susan D. Carle

Susan D. Carle

No abstract provided.

Go to article

Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle Oct 2012

Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle

Susan D. Carle

No abstract provided.

Go to article

Re-Envisioning Models For Pro Bono Lawyering: Some Historical Reflections, Susan D. Carle Oct 2012

Re-Envisioning Models For Pro Bono Lawyering: Some Historical Reflections, Susan D. Carle

Susan D. Carle

No abstract provided.

Go to article

Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson Oct 2012

Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson

Susan D. Carle

No abstract provided.

Go to article

Theorizing Agency, Susan Carle Oct 2012

Theorizing Agency, Susan Carle

Susan D. Carle

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …

Go to article

How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan D. Carle Sep 2011

How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan D. Carle

Susan D. Carle

  • This article considers four myths about the history of civil rights activism, taht have tended to cloud assessments about current current civil rights law and its potential future directions. I argue that correcting those myths can help illunundile promising paths for the future. In each instance, alternative historical narrative routes for further development of core principles of civil rights law, including further theoretical and practical work to pursue long-standing concepts of structural discrimination, the promise of experimentalist approaches to regulation and enforcement, increased interdisciplinary colaboration between law and other social science fields, and more focus on matters of economic inequality …

Go to article

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle Mar 2010

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle

Susan D. Carle

n recent years, the supposed achievements of the American civil rights movement have come under attack as part of a critique of the ideology of legal liberalism. That critique argues that civil rights lawyers and other activists too greatly emphasized court-focused strategies aimed at achieving what would turn out to be pyrrhic "civil" rights victories - i.e., gains solely in "formal" equality in requirements enshrined in law as to how the state should treat its citizens. This critique of legal liberalism is well deserved insofar as it is aimed at a tendency within legal academia to extol the virtues of …

Go to article

A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle Mar 2010

A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle

Susan D. Carle

This Article examines the social movement history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court=s recent decision in Ricci v. DeStefano raises. My analysis shows that, contrary to popular assumptions, disparate impact doctrine was not a last-minute, ill-conceived invention of the EEOC following Title VII=s passage, but instead arose out of a moderate, experimentalist regulatory tradition that sought to use law to create incentives to motivate employers to scrutinize and reform employment practices that posed structural bars to employment opportunities for racial minorities, regardless of invidious intent. Non-lawyer activists within the …

Go to article

Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle Dec 2008

Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle

Susan D. Carle

To address concerns related to preventing staff sexual misconduct in custodial situations, the National Institute of Corrections (NIC) designed a project to provide training and technical assistance to prevent sexual violence in custodial situations. One component of the project, through a cooperative agreement between the American University Washington College of Law (WCL) and NIC, was to address staff involvement in sexual abuse of persons in custodial settings. The result was the preparation, by the NIC/WCL, of this report addressing human resources concerns related to preventing staff sexual misconduct in custodial situations. The paper discusses some of the employment and labor …

Go to article

Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle Dec 2008

Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle

Susan D. Carle

INTRODUCTION: In 1999, The American University, Washington College of Law (WCL) entered into a cooperative agreement with the National Institute of Corrections (NIC) to provide training to high level correctional decision makers on addressing and investigating staff sexual misconduct. With the enactment of the Prison Rape Elimination Act in 2003, the Project’s focus shifted to addressing prison rape – both staff sexual misconduct with offenders and offender on offender sexual violence and abuse. This publication as well as others published by the NIC/WCL Project on Addressing Prison Rape are a critical part of NIC’s response to its obligation to provide …

Go to article

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan D. Carle Dec 2008

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890 Symposium: The Lawyer's Role In A Contemporary Democracy: Promoting Social Change And Political Values, Susan D. Carle

Susan D. Carle

This essay addresses the development of American understandings of the various roles of lawyers in building democracy by focusing on legal reform efforts in the American civil rights movement. In recent years, the supposed achievements of that movement have come under attack as part of a critique of the ideology of legal liberalism. That critique argues that civil rights lawyers and other activists too greatly emphasized court-focused strategies aimed at achieving what would turn out to be Pyrrhic "civil" rights victories-i.e., gains solely in "formal" equality through requirements enshrined in law as to how the state must treat its citizens.

Go to article

Progressive Lawyering In Politically Depressing Times, Susan D. Carle Dec 2006

Progressive Lawyering In Politically Depressing Times, Susan D. Carle

Susan D. Carle

INTRODUCTION: Susan Sturm's important work offers a ray of optimism in a contemporary political climate most people of progressive inclinations find somewhat depressing. Sturm examines new models for bringing about institutional re- form without extensive management from legislatures or courts. As Sturm recognizes, resort to litigation as a strategy for increasing gender parity in employment is not a promising option these days, for several sets of reasons. First, as Sturm has explained in an earlier pathbreaking article, judicial decrees are not well suited to addressing "second generation" problems of structural reform of institutions, such as eliminating manifestations of race and …

Go to article

The Effect Of Context On Practice [Book Review], Susan D. Carle Dec 2003

The Effect Of Context On Practice [Book Review], Susan D. Carle

Susan D. Carle

A book review of the work Divorce Lawyers at Work: Varieties of Professionalism in Practice, by Lynn Mather, Craig McEwen & Richard J. Maiman. Oxford University Press 2001. Pp. 244. $60.00.

Go to article

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan D. Carle Dec 2002

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan D. Carle

Susan D. Carle

Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.

Go to article

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan D. Carle Dec 2002

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan D. Carle

Susan D. Carle

Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.

Go to article

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle Dec 2002

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle

Susan D. Carle

INTRODUCTION
The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …

Go to article

Elite Privilege And Public Interest Lawyering [Comments], Susan D. Carle Dec 2001

Elite Privilege And Public Interest Lawyering [Comments], Susan D. Carle

Susan D. Carle

In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The “proper presentation of the legal fight against segregation,” Boston urged, should focus on gathering “facts, not law” to demonstrate to the courts the law's “actual operation.”; Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting such …

Go to article

Race, Class, And Legal Ethics In The Early Naacp (1910-1920), Susan D. Carle Dec 2001

Race, Class, And Legal Ethics In The Early Naacp (1910-1920), Susan D. Carle

Susan D. Carle

INTRODUCTION: In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The "proper presentation of the legal fight against segregation," Boston urged, should focus on gathering "facts, not law" to demonstrate to the courts the law's "actual operation."' Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting …

Go to article

Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, Peter Jaszi, Ann Shalleck, Marlana Valdez, Susan D. Carle Dec 1998

Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, Peter Jaszi, Ann Shalleck, Marlana Valdez, Susan D. Carle

Susan D. Carle

Looks at the development of the supervised externship program at American University Washington College of Law

Go to article

Gender In The Construction Of The Lawyer’S Persona (Review Essay), Susan D. Carle Dec 1998

Gender In The Construction Of The Lawyer’S Persona (Review Essay), Susan D. Carle

Susan D. Carle

INTRODUCTION The overarching question motivating this Review Essay is whether- and, if so, in what ways-we should understand lawyering roles to be gendered. I examine this question by reviewing Kathryn Kish Sklar's recent biography of Florence Kelley, an early "public interest" lawyer and social activist whom Felix Frankfurter described as the woman who had "the largest single share in shaping the social history of the United States during the first thirty years of this century." Sklar's meticulous research provides us with new information about a dimension of Kelley's life that is overshadowed by Kelley's public persona as a social reformer …

Go to article

A Hazardous Mix: Discretion To Disclose And Incentives To Suppress Under Osha's Hazard Communication Standard [Note], Susan D. Carle Feb 1988

A Hazardous Mix: Discretion To Disclose And Incentives To Suppress Under Osha's Hazard Communication Standard [Note], Susan D. Carle

Susan D. Carle

Discusses hazardous products and the Hazardous Communication Standard which requires chemical manufacturers to provide warnings for dangerous products.

Go to article