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Articles 1 - 22 of 22
Full-Text Articles in Law
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Faculty Articles
Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …
Foreword: Re-Orienting Law And Sexuality, Tayyab Mahmud, Ratna Kapur
Foreword: Re-Orienting Law And Sexuality, Tayyab Mahmud, Ratna Kapur
Faculty Articles
This forward to a symposium issue of the law review maps the terrain of legal regulation of sexuality. It locates sexuality within a matrix of power, knowledge, and resistance and the question of regulation of sexuality is approached from the perspective of the sexually marginalized subject -- the sexual subaltern. It briefly reviews the contributions to the symposium and forwards a research agenda about questions of theory and praxis related to the production and regulation of sexual subjects.
Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark Niles
Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark Niles
Faculty Articles
Notwithstanding decades of significant legal scholarship focusing on the Ninth Amendment to the U.S. Constitution, a large portion of the practicing legal community, and even a substantial percentage of legal scholars, are unfamiliar with the provision. The primary reason for this phenomenon is the striking absence of an identifiable body of Ninth Amendment adjudication. In this Article, Mark Niles focuses on this phenomenon and endeavors to develop an interpretative theory of the amendment upon which an adjudicative role can be founded. In Part I of this Article, Niles outlines the traditional judicial treatment of the Ninth Amendment, or more precisely, …
A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon
A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon
Faculty Articles
The articles in this Symposium tribute to Judge A. Leon Higginbotham Jr. emphasize his mentoring as well as his message. This demonstrates that one of the Judge's most important legacies was his "people legacy"—his continual training of the next generation of leaders in ways that would keep alive the more than four-hundred-year-long struggle of American racial justice. The Judge also had a distinct vison of American law, the vision of "we the people” of self-evident truths that "all men are created equal." His second vision was that of "we the people of color," the one that is symbolized by the …
Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason
Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason
Faculty Articles
As the US becomes increasingly litigious, US citizens are more frequently sheltering their wealth in offshore asset protection trusts, or OAPTs. This article provides a thorough overview of the topic, discussing a variety of pertinent legal information.
Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist
Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist
Faculty Articles
Law review editors often have a hard time adjusting to their new role of evaluating and critiquing the work of professors and established legal scholars, resulting in entire editorial boards missing fundamental problems in a particular article. The author provides a solution to this problem by recommending the adoption of two separate phases of editing - a substantive editing phase, which addresses what the article actually communicates, and a technical editing phase, which addresses the form the author uses to communicate. As examples for any law review to follow, the author provides two substantive edits of two different author submissions …
Delaware Corporation Law And Transaction Cost Engineering, Charles O'Kelley
Delaware Corporation Law And Transaction Cost Engineering, Charles O'Kelley
Faculty Articles
Professor O’Kelley believes that a very good way to teach Corporations is to structure the course around a core goal – to teach Delaware corporate law systematically – not just bits and pieces of it, but the entire system, much the way the teaching of constitutional law is approached. This essay is an elaboration of his reasoning and strategies, organized as a presentation and discussion of the core rationales for organizing the course in this way. The first justification flows axiomatically from the following proposition: we create value for many of our students, and harm none, by giving them an …
Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens
Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens
Faculty Articles
This piece identifies and explores a trend in statutes and caselaw towards treating criminal behavior as a per se or presumptive bar to child custody, reading this development through the lens of the modern criminal sanctions literature.
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.
Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur
Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur
Faculty Articles
Co-authored with Ratna Kapur, this commentary engages the interrelationship of hegemony and coercion in legal regimes of the modern state. Against the backdrop of regulation of sexuality in fascist Spain, we posit a model of modern state power that draws upon the work of Gramsci, Althusser, and Foucault. It is argued that ideology is the velvet glove that encases the iron fist of coercion, and law always combines coercion and ideology by its very structure and operation. A bridge between critical race theory and queer theory is located in the concept of racing seen as the modern technology of power …
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 …
Beyond Communication: Writing As A Means Of Learning, Laurel Oates
Beyond Communication: Writing As A Means Of Learning, Laurel Oates
Faculty Articles
In this article, Professor Oates examines the belief that writing facilitates learning from several perspectives. Part I describes the writing-to-learn movement, beginning with James N. Britton's and Janet Emig's assertions that writing is a unique method of learning and ending with John M. Ackerman's claim that writing is no better and, is sometimes worse, than other modes of learning. Building on the evidence described in Part I, Part II discusses writing to learn in light of four theories: behaviorism, Linda S. Flower and John Hayes's models of the composing process, Carl Bereiter and Marlene Scardamalia's models of knowledge telling and …
Issues In Law Library Acquisitions: An Analysis, Kent Milunovich
Issues In Law Library Acquisitions: An Analysis, Kent Milunovich
Faculty Articles
Although journals in the field of librarianship often include articles pertaining to acquisitions, they usually are geared to a broad audience and rarely tailored specifically to law libraries. Some of these articles, however, provide information that is germane to law librarians who work in acquisitions. The purpose of this article is to consider the best of recent writing about acquisitions against the context of law libraries. Where appropriate, distinctions are drawn between acquisitions in academic and nonacademic law libraries. The topics discussed include shrinking acquisitions resources, changes in legal publishing, building and managing an acquisitions program, preservation, outsourcing, gifts, and …
Why Should The Prosecutor Get The Last Word?, John B. Mitchell
Why Should The Prosecutor Get The Last Word?, John B. Mitchell
Faculty Articles
This article examines reasons the prosecutor should make the closing arguments in the United States. It also examines the importance of closing arguments; the advantages of going first and the scientific bases of primacy; and the advantages of rebuttal.
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 …
Health Care Reform In The Year 2000: The View From The Front Of The Classroom, Ken Wing
Health Care Reform In The Year 2000: The View From The Front Of The Classroom, Ken Wing
Faculty Articles
This article looks at the implications of the evolution of health care reform from the perspectives of teaching health law in the United States. U.S. on Congress' adoption of important limits on federal welfare programs, the direct role of government in financing health care, and the practical and theoretical problems in attempting to move forward to a more government controlled health care systems.
Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill
Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill
Faculty Articles
This article begins by noting that non-Native society—the dominant society in the United States—has often discounted Native expertise and denied a place for Native environmental managers. Part II catalogues the various forms that denigration and denial of Native ecological science have taken. Part III marks the historical antecedents of such efforts to deny Native knowledge and to downplay the role of Native peoples as environmental managers. It then identifies particular features of the approaches favored by non-Native environmental managers that likely work to exclude, devalue, or discriminate against Native science, with the intention of encouraging further work to locate and …
Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry Mcgee
Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry Mcgee
Faculty Articles
This essay considers the basis for the Washington State's Growth Management Act’s (GMA) affordable housing goal, considers the relationship between its achievement and the reduction of urban sprawl. It also links the GMA's goal of an equitable distribution of housing resources to a fundamental social aspiration described by the United States Congress as a "decent home and living environment for all Americans." Indeed, it will be argued that the economic disparity and inequity directly linked to urban sprawl-both a cause as well as an effect-are locked ineluctably to a pathological social process in which they feed upon each other. Continued …
The Marketplace Of Ideas In Cyberspace, Margaret Chon
The Marketplace Of Ideas In Cyberspace, Margaret Chon
Faculty Articles
In the Panel Discussion on The Marketplace Of Ideas In Cyberspace at the 1999-2000 Oliver Wendell Holmes Symposium And Lectureship At Mercer University, Professor Margaret Chon discusses censorship and hate speech on the internet. Professor Chon questions the exporting of our First Amendment jurisprudence in this particular area, since we are the only democratic country to speak of, that protects what we've been referring to as hate speech.
Foreword: The Many Passions Of Teaching Corporations, Charles O'Kelley
Foreword: The Many Passions Of Teaching Corporations, Charles O'Kelley
Faculty Articles
Teachers of Corporations share a passion for their subject and consider this first course in the business law curriculum to have fundamental importance for all law-trained professionals. Seemingly, however, we agree on little else, including the substantive focus of the course, the nature of the course materials, and the insights that teachers should convey. In fact, Corporations differs dramatically from school to school. Some teachers focus substantial attention on unincorporated business associations, while others cover only corporation law. Some who teach exclusively about the corporation emphasize closely held firms, while others highlight the law related to publicly traded entities. Likewise, …
Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill
Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill
Faculty Articles
This article begins with the observation that “[f]ish, especially salmon, are necessary for the survival of the Native peoples of the Pacific Northwest, both as individuals and as a people.” It considers conventional approaches to regulating contamination of the waters that support the fish on which these peoples depend, and finds that the narrow focus on human physical health fails fully to comprehend the multiple dimensions of the harm to these fishing peoples. Importantly, this focus fails to appreciate the cultural dimensions of the harm. The article examines health and environmental agencies’ standard-setting practices and challenges their failure to account …