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Full-Text Articles in Law and Society
Civil Society And Multiple Repositories Of Power Symposium On Legal And Constitutional Implications Of The Calls To Revive Civil Society: Ii. The Constitution Of Civil Society, Abner S. Greene
Faculty Scholarship
The primary goal of civil society revivalists is not the revival of civil society. It is the empowerment of otherwise alienated citizens. Reviving civil society is seen as the principal means to that end, but it is not the only means. To be sure, the revivalists focus their attention on participation in nongovernmental associations. But the ways of overcoming alienation are plural, and they include participation in government, participation in nongovernmental associations, and assertions of individual rights against various forms of collective will. In this brief essay, I first explain why only a pluralist understanding of human flourishing fits with …
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Faculty Scholarship
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …
Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:
Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:
Faculty Scholarship
The author presents a fictional conversation among Lawrence J. Fox, other noted legal scholars, and himself concerning the ethics and changes in the legal profession.
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce
Faculty Scholarship
Inspired by Ted Schneyer's future history of professional discipline' and Bob Gordon's descrption of "the hazy aspirational world" of the "Law Day Sermon,' I offer a vision of the legal profession 'a next fifty years in the form of a Law Day speech from the year 2050. Looking back on developments in the first half of the twenty-first century, this piece explores the implications of the analysis proposed in my earlier article, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar. The speech presents a projection of the moral leadership the bar …