Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
Daniel A Farber
Looks at affirmative action programs in universities and schools in the U.S. in the context of the Critical Race Theory. Discussion of the concept of reverse discrimination; History of Critical Race Theory; Rights and protection of minority students.
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …
Free Speech Without Romance: Public Choice And The First Amendment, Daniel A. Farber
Free Speech Without Romance: Public Choice And The First Amendment, Daniel A. Farber
Daniel A Farber
Comments on the economics of the First Amendment doctrine of the U.S. Constitution. Background on basic economics of information and its bearing on First Amendment issues; Theory used to explain why some types of communication are at the core of First Amendment protection while others are at the periphery; Implications of the theory on the benefits of promoting self-expression as a societal value.
The Pariah Principle, Daniel A. Farber, Suzanna Sherry
The Pariah Principle, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
Argues the decision in the homosexuality case of `Romer versus Evans' means that Colorado's Amendment Two is invalid regardless of the level of judicial scrutiny. Failure of the `Romer' court to invoke familiar doctrinal support; Government's ban on untouchable societal groups; Arguments for invalidating Amendment Two; Definition of the pariah principle.
Pollution Markets And Social Equity: Analyzing The Fairness Of Cap And Trade, Daniel A. Farber
Pollution Markets And Social Equity: Analyzing The Fairness Of Cap And Trade, Daniel A. Farber
Daniel A Farber
This Article considers three fairness issues relating to a cap-and-trade system: fairness to industry, fairness to communities disproportionately impacted by pollution, and fairness to low-income energy consumers. First, assuming any compensation of industry is warranted, free allowances would overcompensate firms for the cost of achieving emission reductions; industry should not receive effective ownership of the atmosphere at the public's expense. Second, environmental justice advocates argue that cap-and-trade systems generate pollution hot spots and encourage dirtier plants to continue operating to the detriment of certain disadvantaged communities. However, cap and trade has no intrinsic tendency to produce increased emissions in disadvantaged …
The Trouble With Tarble's: An Excerpt From An Alternative Casebook, Daniel A. Farber
The Trouble With Tarble's: An Excerpt From An Alternative Casebook, Daniel A. Farber
Daniel A Farber
Presents the judgment, concurring and dissenting opinion of the judges in the case Ex Parte Printz. Discussion on the Brady Act; Facts and decision in the case of Printz; Concurring opinion Justice Scalia; Dissenting opinion of Justice Stevens and other justices.
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
Daniel A Farber
The article attempts to examine the U.S. Supreme Court's (SC) reliance on foreign law in light of historic American attitudes toward the law of nations and other forms of foreign authority. First, it provides additional background on the current SC's reliance on foreign law. Second, it looks at the historical record, explaining how foreign law influenced the thinking of the framers of the Constitution and of the anti-slavery Republicans. Third, it surveys the history of SC's use of foreign law in constitutional decisions. Fourth, it assesses some of the arguments against SC use of foreign law in light of the …
The Dead Hand Of The Architect, Daniel A. Farber
The Dead Hand Of The Architect, Daniel A. Farber
Daniel A Farber
No abstract provided.
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Missing The Play Of Intelligence, Daniel A. Farber
Missing The Play Of Intelligence, Daniel A. Farber
Daniel A Farber
Presents an essay on the quality of academic and judicial writings in the United States. Dissatisfaction with judicial opinions; Flaws in the Supreme Court's work product; Clarification of the concept of `play of intelligence'; Examination of three routing statutory cases; Court's handling of the factual record.
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.