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Articles 31 - 60 of 85
Full-Text Articles in Law
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Faculty Articles
The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.
Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey
Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey
Faculty Articles
This paper reevaluates Frankfurt School theory, and other cultural critiques, in an effort to bring a more sophisticated analysis to bear on popular culture depictions of law. It invokes the cultural critiques of the Birmingham School in order to assess the more subtle ideological content more often found in film. The focus is not only on how popular culture functions as a mechanism for communicating and reproducing ideologies, but also what this function is based on, a theoretical analysis that asks what images of law and legal justice one might expect to see in popular media. The article also assesses …
Allegory From The Cave: A Story About A Mis-Educated Profession And The Paradoxical Prescription, Natasha Martin
Allegory From The Cave: A Story About A Mis-Educated Profession And The Paradoxical Prescription, Natasha Martin
Faculty Articles
The article reviews and engages Professor Derrick Bell’s more recent scholarship on the nature of the legal profession and the practice of law – ETHICAL AMBITION: LIVING A LIFE OF MEANING AND WORTH – placing Bell’s work in the broader framework of the entire legal enterprise highlighting its relevance to legal ethics, the ills of the profession and legal training. The article juxtaposes Bell’s more contemporary critique of the legal profession and practice with the observations of Carter G. Woodson in THE MIS-EDUCATION OF THE NEGRO, another African-American educator largely unfamiliar to the broader legal academy. The author proposes that …
Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse
Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse
Faculty Articles
This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.
Limit Horizons & Critique: Seductions And Perils Of The Nation, Tayyab Mahmud
Limit Horizons & Critique: Seductions And Perils Of The Nation, Tayyab Mahmud
Faculty Articles
This essay introduces four contributions on nation and nationalism that form a cluster in the 2005 Annual Symposium of Latina/o Critical Legal Theory (LatCrit). It puts forward the concept of "limit horizons": the hegemonic ontological categories that so imprint the imaginary of an age the even critique remains imprisoned in the normalcy of these categories - an imprisonment that curtails the transformatory potential of critique. It is argued that the modern concept of the nation is such a limit horizon. Consequently, any critical engagement with the concept of the nation must concurrently be an exercise in self-critique to ensure that …
Citizen And Citizenship Within And Beyond The Nation, Tayyab Mahmud
Citizen And Citizenship Within And Beyond The Nation, Tayyab Mahmud
Faculty Articles
This review essay deploys critical social theory and critical race theory to interrogate concepts of citizen and citizenship. It reviews three submissions to a Lationa/o Critical Legal Theory (LatCrit) Symposium. One explores the relationship between law, race, and nation-building. The second examines the relationship between race and citizenship through the prism of police round-up of undocumented workers in Arizona. The last located the question of citizenship and legal subjecthood beyond the traditional confines of the nation-state.
Lawrence Summers’ Speech On “Innate” Differences Between Men And Women--A Different Perspective, Thomas Fischer
Lawrence Summers’ Speech On “Innate” Differences Between Men And Women--A Different Perspective, Thomas Fischer
Faculty Articles
In this article, Professor Fischer outlines his experience in the admissions department at Georgetown University Law Center as well as other legal academic settings, and the perspective he gained with regard to women in the sphere of legal academia. The article outlines a careful reflection over the role of gender in these settings, in contrast with Lawrence Summer's perspective on innate gender differences.
Trade Liberalization, Food Security And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Trade Liberalization, Food Security And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Faculty Articles
This article examines the historic and contemporary roots of chronic malnutrition and environmental degradation in the developing world. It chronicles the patterns of trade and production that contribute to this problem from the colonial period until the present, and analyzes the role of contemporary trade, aid and development practices in ameliorating or exacerbating the problem. The article argues that the neoliberal economic reforms imposed on developing countries through the International Monetary Fund (IMF), the World Bank, and the World Trade Organization (WTO) exacerbate hunger and environmental degradation by reinforcing pre-existing inequities in the global trading system that relegate many developing …
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
Faculty Articles
This article begins with the controversy over a proposed monument based on a widely disseminated photograph of three firefighters raising the American flag over the ruins of the World Trade Center. The three firefighters were White. The proposed monument would have had one White firefighter, one Black, and one Hispanic. This article argues that the controversy over the proposed monument serves as a microcosm for the larger and more important struggle over racial and gender diversity within fire departments, generally.
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
Faculty Articles
This note will examine the consequences of the Security Council’s decisions to deploy under-resourced operations to civil war situations and various proposed means by which the Security Council might more effectively fulfill its responsibilities. Part II will look at a number of post-Cold War U.N. operations in civil wars—UNPROFOR in Croatia and Bosnia, United Nations Operation in Somalia I (UNOSOM I), United Nations Assistance Mission for Rwanda II (UNAMIR II), and United Nations Mission in Sierra Leone (UNAMSIL)—and show how, at least partly because of the Security Council’s failure to ensure that the operations it authorized were provided with sufficient …
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Faculty Articles
Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
Faculty Articles
This article discusses issues related to the study and teaching of race and ethnicity. Professor Chang explains the way race is taught or not taught in law schools is reflective of the historical and factual predicates we want our students to have. Faculty diversification can have an impact on the courses that are taught. Most, if not all, of the courses on critical race theory are taught by faculty-of-color. Most of the primary courses on Latinas/os and the law are taught by Latinas/os. If more related and primary courses are going to be offered by schools, then it seems that …
Syllabus: Asian Americans And The Law, Robert S. Chang
Syllabus: Asian Americans And The Law, Robert S. Chang
Faculty Articles
This is the accompanying syllabus to the essay by Professor Chang, “Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics.” The article explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate …
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Faculty Articles
In this brief article, Professor Chang explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate to and/or identify with the historical persons who occupy very different subject positions with regard to race, nationality, immigration …
The Sojourner’S Truth And Other Stories, Robert S. Chang
The Sojourner’S Truth And Other Stories, Robert S. Chang
Faculty Articles
In this introductory essay to a cluster of articles on Migrations, Citizens, and Latinas/os, Professor Chang frames the work of Ruben Garcia, Camille Nelson, and Victor Romero as setting forth what might be described as truths that can be learned from the sojourner/immigrant. This essay argues that the sojourner/immigrant's contributions to U.S. society are often ignored or discounted, which may be due to a willful amnesia because we do not want to think about what we might owe the sojourner/immigrant with regard to her entry into the United States, her stay, and her departure.
Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender
Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender
Faculty Articles
In the days and weeks following the September 11 terrorist attacks, reports emerged of hate crimes, discrimination, and profiling directed at Arab Americans, Arabs, and Muslims in the United States. Although aware that the primary targets of the public and private response against terrorism were those of Arab or Muslim appearance, I realized that the backlash within the United States also affected Latinas/os and certain other subordinated groups. This Article grew out of my concern that while Latinas/os at first might be deemed "safe" by the American public, their negative societal construction made their targeting inevitable as the fervent, amorphous …
When Interests Diverge, Robert S. Chang, Peter Kwan
When Interests Diverge, Robert S. Chang, Peter Kwan
Faculty Articles
In this review of Mary Dudziak's important book, Cold War Civil Rights: Race and the Image of American Democracy (Princeton Univ. Press 2000), Professors Chang and Kwan find the book to provide compelling historical narratives about the intersection of the Cold War and civil rights struggles. Dudziak demonstrates through an amazing array of historical evidence a story that runs counter to the standard narrative of racial sin followed by racial redemption, which helps us to reassess who we are and to be cognizant of the work that remains.
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Faculty Articles
LatCrit VII, held May 2-5, 2002, in Portland, Oregon, adopted the theme Coalitional Theory and Praxis: Social Justice Movements and LatCrit Community. The conference's opening roundtable set an activist tone by centering within LatCrit discourse several progressive movements for sociopolitical transformation existing in academia and beyond. This article embraces the conference theme as an opportunity to examine and compare the LatCrit scholarly movement with those beyond academia, particularly current and past sociopolitical movements originating in Latina/o communities.
Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang
Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang
Faculty Articles
This closing essay to a symposium inaugurating UCLA Law School's Program in Critical Race Studies suggests that the racialized Asian American body can operate as a site for collective memory and thus serve as reminders of past mistakes in order to restrain current and future abuses of power. One of the lessons to be learned is from World War II when extreme subordination of one Asian American group, Japanese Americans, was accompanied by the elimination of certain barriers for another Asian American group, Chinese Americans. A similar dynamic may be happening now following September 11. With the increase in legal …
Will The Wolf Survive?: Latino/A Pop Music In The Cultural Mainstream, Steven W. Bender
Will The Wolf Survive?: Latino/A Pop Music In The Cultural Mainstream, Steven W. Bender
Faculty Articles
For years, White artists have dominated American pop music. With the notable exception of Black vocalists, non-White artists have rarely experienced sustained and substantial success in this market. Although Latino/a artists have made modest inroads into the pop music mainstream in the past, the current success of Latino/a singers is unprecedented for its sales figures, its domination of pop radio, the diversity of backgrounds of the Latino/a artists riding the same wave, and the degree of American media attention focused on this "phenomenon." In addition to the financial rewards enjoyed by artists (and their record companies) who succeed in the …
Los Angeles As A Single-Cell Organism, Robert S. Chang
Los Angeles As A Single-Cell Organism, Robert S. Chang
Faculty Articles
In this article, Professor Robert S. Chang discusses the Los Angeles Police Department's Rampart scandal. Professor Chang compares Los Angeles to a single-celled organism that lives according to three basic survival rules. These three rules are: 1) keep out that which is undesirable, 2) isolate and control that which cannot be kept out, and 3) expel, whenever possible, undesirable elements. The author first discusses some of the historical antecedents to the Rampart scandal in Los Angeles. The author then discusses how the United States as a whole has historically acted according to the three basic survival rules exhibited by a …
Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon
Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon
Faculty Articles
Race and gender become even more abstract in the disembodied presence they inhabit online. This article outlines the importance of being sensitive to the under-identified online presence of race and gender related issues, with an in depth discussion of the complications these issues face.
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Faculty Articles
Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …
Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller
Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller
Faculty Articles
This introduction examines the four articles in this cluster on LatCrit praxis. The four articles can be seen as case studies that explore different aspects of LatCrit praxis. Pedro Malavet examines the role literature and the arts can play as a form of antisubordinationist practice. Nicholas Gunia focuses on Jamaican music as a particular site of antisubordinationist practice, showing us that resistance comes in many forms and that LatCrit practitioners must have a broad theory for social change that is not limited to legislatures, courtrooms, classrooms, and law reviews. Alfredo Mirande Gonzalez employs personal narrative to tell us how he …
Race, Reason And Representation, Tayyab Mahmud
Race, Reason And Representation, Tayyab Mahmud
Faculty Articles
This is a review essay based on Uday Singh Mehta, Liberalism and Empire: A study in Nineteenth-Century British Liberal Thought (Chicago: The University of Chicago Press 1999). It evaluates the entanglement of liberalism with colonialism to highlight many fundamental contradictions inherent in projects of modernity and the way universal claims are often bound by particularistic imperatives. Liberalism could reconcile its agenda of liberty and representation with colonial subjugation only by positing race as the grounds for eligibility to rights. With the project of neo-liberal restructuring of the world underway, it is useful to recall the disjunction between the theory and …
Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud
Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud
Faculty Articles
This review essay critically interrogates the discourse and practice of development. It is argued that models of alternative development remain imprisoned in the ontological categories of the development project, an ideological and institutional devise to consolidate the hegemony of the West over the rest. Finally, a framework to explore alternatives to development is suggested.
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Faculty Articles
Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …
Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud
Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud
Faculty Articles
This article aims at an examination of the colonial career of the modern construction of race and its traces in post-coloniality. It locates race in regimes of legality and illegality attendant to British colonial rule over India to underscore the defining role of colonialism in modern constructions of race. The first part recounts the modern grammar of racial difference rooted in the colonial encounter between modern Europe and its colonies. The second part identifies three specific sites of deployment of colonial racial stereotypes in colonial India, namely, "martial races," "criminal tribes," and indentured labor. The last part traces the shadow …
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Faculty Articles
Professor Robert Chang reviews Professor Eric Yamamoto’s Interracial Justice: Conflict And Reconciliation In Post-Civil Rights America. Professor Chang illustrates the analytic framework in Interracial Justice that shows us some of the ingredients necessary for a successful resolution. This book is the culmination of several years of activist lawyering and academic writing. In his book, Professor Yamamoto shares the lessons he has learned as an advocate and law professor.
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Faculty Articles
In this introduction, Professors Margaret Chon and Keith Aoki situate both Professor Yamamoto's work and the articles that respond to it. They also follow Yamamoto's advice and "perform" critical race praxis as it might relate to legal education and legal scholarship. Thus, the latter part of this introduction takes the form of an epistolary exchange, culled loosely from various e-mail messages between Professors Aoki and Chon. It is intended (in both form and content) to illustrate how conceptual tools that Yamamoto provides can be used to address the intergroup racial justice issues that permeate law schools.