Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Practice and Procedure (21)
- Public Law and Legal Theory (20)
- Courts (16)
- Law and Society (16)
- Jurisprudence (14)
-
- General Law (12)
- Judges (10)
- Politics (10)
- Bruno (9)
- Costantini (9)
- Criminal Law and Procedure (9)
- Civil Law (8)
- Legal History (8)
- Legal Profession (8)
- Presentaciones (8)
- Civil Rights (7)
- Constitutional Law (7)
- Legal Analysis and Writing (7)
- Legal Education (7)
- Legislation (7)
- Derecho (6)
- México (6)
- Professional Ethics (6)
- Climate change (5)
- Dispute Resolution (5)
- Litigation (5)
- OPAM (5)
- Torts (5)
- Administrative Law (4)
- Artículos (4)
- Publication Year
- Publication
-
- Bruno L. Costantini García (16)
- Nancy Levit (14)
- Edward Ivan Cueva (7)
- Prof. Elizabeth Burleson (7)
- Donald J. Kochan (5)
-
- Kaitlyn E Tucker (4)
- Sean Farhang (3)
- Charles H. Baron (2)
- Daniel M Braun (2)
- Cathren Page (1)
- D'Andre Devon Lampkin (1)
- D. Daniel Sokol (1)
- George D. Brown (1)
- Goutam U Jois (1)
- Hillary A Henderson (1)
- Hon. Mark C. Dillon (1)
- Howard M Wasserman (1)
- J.S. Nelson (1)
- James R Maxeiner (1)
- Javier Martín Reyes (1)
- Jennifer Jackson (1)
- Matthew B. Lawrence (1)
- Matthew P Cline (1)
- Michael A. Zuckerman (1)
- Nehal A. Patel (1)
- Nirej Sekhon (1)
- Robert M. Bloom (1)
- Sarah L Brinton (1)
- Tim Iglesias (1)
- Trevor J Calligan (1)
- File Type
Articles 61 - 84 of 84
Full-Text Articles in Litigation
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Nancy Levit
Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.
Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Segundo Congreso Nacional de Organismos Públicos Autónomos. "Autonomía, Profesionalización, Control y Transparencia"
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Calling For Stories, Nancy Levit, Allen Rostron
Calling For Stories, Nancy Levit, Allen Rostron
Nancy Levit
Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.
Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Bruno L. Costantini García
Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Nancy Levit
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …
Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit
Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit
Nancy Levit
Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Theorizing The Connections Among Systems Of Subordination, Nancy Levit
Theorizing The Connections Among Systems Of Subordination, Nancy Levit
Nancy Levit
Theorizing the Connections Among Systems of Subordination introduces a symposium that addresses issues on the leading edge of identity theory, race theory, and critical social theory. It explains the concepts of anti-essentialism, intersectionality, multiple consciousness, multi-dimensionality, and post-intersectionality. It investigates the ways specific types of oppression - such as racism, sexism, classism, and homophobia - support and feed off of one another. It explores the dynamics of subordination that make different forms of subordination connected to each other - the mechanisms by which subordinating systems buttress each other. Where one sees sexism, one frequently can find racism; where classism exists, …
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Nancy Levit
The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.
The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson
Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson
J.S. Nelson
No abstract provided.
Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit
Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit
Nancy Levit
A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …
Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit
Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit
Nancy Levit
The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex. While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
Nancy Levit
This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.
The article considers and responds to the arguments against grade normalization and …
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit
Nancy Levit
It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.
The primary purpose of this article is to suggest …
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.
Beyond Pennhurst: Protective Jurisdiction, The Eleventh Amendment, And The Power Of Congress To Enlarge Federal Jurisdiction In Response To The Burger Court, George D. Brown
George D. Brown
No abstract provided.
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.