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Articles 1 - 5 of 5
Full-Text Articles in Law
Race And Equity In The Age Of Unicorns, Lynnise E. Pantin
Race And Equity In The Age Of Unicorns, Lynnise E. Pantin
Faculty Scholarship
This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley culture, centering on race and class. The Article demonstrates that the rise and fall of the unicorn startup Theranos and its founder, Elizabeth Holmes, is emblematic of the problem with the glorification and pursuit of the unicorn designation for startup ventures. The examination of the downfall of Theranos exposes how investors, founders, and others in Silicon Valley engage with each other in the context of pursuing unicorn status. The …
Legal Internalism In Modern Histories Of Copyright, Shyamkrishna Balganesh, Taisu Zhang
Legal Internalism In Modern Histories Of Copyright, Shyamkrishna Balganesh, Taisu Zhang
Faculty Scholarship
Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon wherein such participants treat the domain of law (or a subset of it) as normative, epistemologically self-contained, and logically coherent on its own terms regardless of whether the law actually embodies those characteristics. Thus understood, legal internalism remains an important characteristic of all modern legal systems. In this Review, we examine three recent interdisciplinary histories of copyright law to showcase the working of legal internalism. We argue that while their interdisciplinary emphasis adds to the conversation …
Constructing Countervailing Power: Law And Organizing In An Era Of Political Inequality, Kate Andrias
Constructing Countervailing Power: Law And Organizing In An Era Of Political Inequality, Kate Andrias
Faculty Scholarship
This Article proposes an innovative approach to remedying the crisis of political inequality: using law to facilitate organizing by the poor and working class, not only as workers, but also as tenants, debtors, welfare beneficiaries, and others. The piece draws on the social-movements literature, and the successes and failures of labor law, to show how law can supplement the deficient regimes of campaign finance and lobbying reform and enable lower-income groups to build organizations capable of countervailing the political power of the wealthy. As such, the Article offers a new direction forward for the public-law literature on political power and …
Power Struggles – The Tyranny Of Merit And The Degredation Of Work: Comment On M. Sandel's The Tyranny Of Merit, Kate Andrias
Power Struggles – The Tyranny Of Merit And The Degredation Of Work: Comment On M. Sandel's The Tyranny Of Merit, Kate Andrias
Faculty Scholarship
The ideal of meritocracy is attractive: individuals obtain wealth, leadership roles, and social status based upon talent and hard work, rather than by virtue of their position in the aristocracy or their family connections. Sometimes framed as “equality of opportunity” or even “the American Dream,” meritocracy has for decades garnered widespread popular support in the United States, becoming more embedded over time. Yet, mounting empirical evidence from social scientists demonstrates that our country is not really a meritocracy. Some wield massive advantages from the beginning; others, no matter how talented and hardworking, have little hope of obtaining a coveted spot …
Nowhere To Run To, Nowhere To Hide, Praveen Kosuri, Lynnise E. Pantin
Nowhere To Run To, Nowhere To Hide, Praveen Kosuri, Lynnise E. Pantin
Faculty Scholarship
As the COVID-19 global pandemic ravaged the United States, exacerbating the country’s existing racial disparities, Black and brown small business owners navigated unprecedented obstacles to stay afloat. Adding even more hardship and challenges, the United States also engaged in a nationwide racial reckoning in the wake of the murder of George Floyd resulting in wide-scale protests in the same neighborhoods that initially saw a disproportionate impact of COVID-19 and harming many of the same Black and brown business owners. These business owners had to operate in an environment in which they experienced recurring trauma, mental anguish and uncertainty, along with …