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A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein Jan 2021

A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein

Publications

There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.


Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey Jan 2021

Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey

Publications

Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …


(Un)Common Law And The Female Body, Lolita Buckner Inniss Jan 2020

(Un)Common Law And The Female Body, Lolita Buckner Inniss

Publications

A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Fe-male Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to precedent, …


Do Abolitionism And Constitutionalism Mix?, Aya Gruber Jan 2020

Do Abolitionism And Constitutionalism Mix?, Aya Gruber

Publications

No abstract provided.


Human Rights Racism, Anna Spain Bradley Jan 2019

Human Rights Racism, Anna Spain Bradley

Publications

International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She further exposes …


Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton Jan 2016

Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton

Publications

No abstract provided.


International Legal Structuralism: A Primer, Justin Desautels-Stein Jan 2016

International Legal Structuralism: A Primer, Justin Desautels-Stein

Publications

International legal structuralism arrived on the shores of international thought in the 1980s. The arrival was not well-received, perhaps in part, because it was not well-understood. This essay aims to reintroduce legal structuralism and hopefully pave the way for new, and more positive, receptions and understandings. This reintroduction is organized around two claims regarding the broader encounter between international lawyers and critical theory in the ‘80s. The first was a jurisprudential claim about how the critics sought to show how international law was nothing more than a continuation of international politics by other means. The second was a historical claim …


A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein Jan 2016

A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein

Publications

This short essay attempts a systematic rehearsal of the structuralist approach to legal historiography.


Foreword: Theorizing Contemporary Legal Thought, Justin Desautels-Stein, Duncan Kennedy Jan 2015

Foreword: Theorizing Contemporary Legal Thought, Justin Desautels-Stein, Duncan Kennedy

Publications

This is a co-authored foreword to a symposium in Law & Contemporary Problems titled "Theorizing Contemporary Legal Thought." It includes a discussion of the background of the project, a brief summary of the articles included in the issue, and a very short statement from Desautels-Stein and Kennedy on the "loss of faith" indicative of Contemporary Legal Thought.


Structuralist Legal Histories, Justin Desautels-Stein Jan 2015

Structuralist Legal Histories, Justin Desautels-Stein

Publications

This is a contribution to a symposium titled "Theorizing Contemporary Legal Thought." The central theme of the piece is the relation between legal structuralism and legal historiography.


Race As A Legal Concept, Justin Desautels-Stein Jan 2012

Race As A Legal Concept, Justin Desautels-Stein

Publications

Race is a legal concept, and like all legal concepts, it is a matrix of rules. Although the legal conception of race has shifted over time, up from slavery and to the present, one element in the matrix has remained the same: the background rules of race have always taken a view of racial identity as a natural aspect of human biology. To be sure, characterizations of the rule have oftentimes kept pace with developments in race science, and the original invention of race as a rationale for the subordination of certain human populations is now a rationale with little …


Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber Jan 2012

Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber

Publications

No abstract provided.


Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein Jan 2012

Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein

Publications

Pragmatism dominates contemporary legal thought, but knowing this isn’t knowing so much. Legal pragmatism means different things to different people, and as this essay argues, minimalist and experimentalist forms of regulation both share a broadly pragmatic sensibility about law and democracy. As a consequence, we need to tease out the various threads of legal pragmatism in the hope of distinguishing the pragmatisms that work from the ones that don’t, or less pragmatically, the ones that are just from the ones that are not. This knowledge will come from an ongoing assessment of the political stakes immanent in the pragmatisms, and …


The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff Jan 2010

The Last Indian Raid In Kansas: Context, Colonialism, And Philip P. Frickey's Contributions To American Indian Law, Sarah Krakoff

Publications

To many, American Indian law is a remote and anomalous area of the law. To others, including Professor Phil Frickey, themes in American Indian law are central to our identity as a nation, and lessons from the field inform broader understandings of the competencies and limitations of the federal judiciary. One of Professor Frickey’s recurring scholarly arguments is that the federal courts are most within their areas of institutional competence when they approach contemporary Indian law questions as structural disputes between sovereigns, rather than as individual conflicts amenable to the application of mainstream public law values. An event described as …


It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss Jan 2010

It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss

Publications

No abstract provided.


The Feminist War On Crime, Aya Gruber Jan 2007

The Feminist War On Crime, Aya Gruber

Publications

One of the most celebrated successes of the feminist movement is its lasting impact on domestic violence criminal laws. Today, society has moved from discourse characterizing domestic abuse as legitimate or merely a private problem to a belief that battering is a heinous crime, more egregious than garden-variety assault. I know all too well how far the pendulum has swung, having practiced as a public defender in the District of Columbia domestic violence system. Day after day, prosecutors proceeded with cases against the wishes of victims, resulting in the mass incarceration of young black men. Could this have been the …


The Incompatibility Principle, Harold H. Bruff Jan 2007

The Incompatibility Principle, Harold H. Bruff

Publications

No abstract provided.


A Brief Survey Of Deconstruction, Pierre Schlag Jan 2005

A Brief Survey Of Deconstruction, Pierre Schlag

Publications

No abstract provided.


My Dinner At Langdell's, Pierre Schlag Jan 2004

My Dinner At Langdell's, Pierre Schlag

Publications

This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.


Marbury V. Madison And Modern Judicial Review, Robert F. Nagel Jan 2003

Marbury V. Madison And Modern Judicial Review, Robert F. Nagel

Publications

This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …


Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff Jan 2001

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Publications

No abstract provided.


Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White Jan 2001

Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White

Publications

No abstract provided.


Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White Jan 1999

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Publications

No abstract provided.


Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches Jan 1996

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …


A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya Jan 1993

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.


Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller Jan 1992

Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller

Publications

No abstract provided.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.


Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.


The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller Jan 1984

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Publications

No abstract provided.


An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr. Jan 1977

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.