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Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings Apr 2012

Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings

Faculty Scholarship

Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …


Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings Apr 2012

Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings

Faculty Scholarship

In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of …


White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner Jan 2011

White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner

Faculty Scholarship

Justice Sonia Sotomayor's confirmation hearing took a controversial turn when commentators picked up on a reference in the New York Times to a portion of a speech she gave in 2001. In that speech, then Judge Sotomayor opined that, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." That statement, along with her participation in the per curiam decision in Ricci v. DeStefano, caused a minor storm during her confirmation. More recently, former Harvard Dean and former …


Procuring ‘Justice’?: Citizens United, Caperton, And Partisan Judicial Elections, André Douglas Pond Cummings May 2010

Procuring ‘Justice’?: Citizens United, Caperton, And Partisan Judicial Elections, André Douglas Pond Cummings

Faculty Scholarship

In recent years, two inextricably connected issues have received a great deal of attention in both United States political discourse and in the legal academic literature. One issue of intense legal debate and frustration has been that of judicial recusal, including an examination of the appropriate standards that should necessarily apply to judges that seem conflicted or biased in their role as neutral arbiter. A second issue that has spawned heated commentary and great dispute over the past decade is that of campaign finance law, including examination of the role that powerful and wealthy benefactors play in American electioneering. Both …


Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner Jan 2007

Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner Jan 2005

How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Female Judging, Theresa M. Beiner Jan 2005

Female Judging, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner Jan 2003

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner Jan 2001

The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Judicial Rule-Making Absent Legislative Review: The Limits Of Separation Of Powers, Kenneth S. Gallant Jan 1985

Judicial Rule-Making Absent Legislative Review: The Limits Of Separation Of Powers, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.