Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 12 of 12
Full-Text Articles in Entire DC Network
Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado
Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado
Articles
The chronicle proceeds as a dialogue between the fictional alter ego Rodrigo Crenshaw and an older professor After meeting in Rodrigos city the two friends joined later by Giannina go out to dinner Rodrigo who is on his law schools admissions committee has been thinking about affirmative action Prompted by his conservative colleague Laz Rodrigo has formulated a severalpronged attack on Sanders premise that stairstep admissions and later law firm hiring just hurts the cause of black lawyersThe professor presses Rodrigo to defend his views and the arrival of Giannina requires him to articulate them even more You will enjoy …
Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen
Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen
Articles
No abstract provided.
Found Law, Made Law And Creation: Reconsidering Blackstone's Declaratory Theory, William S. Brewbaker Iii
Found Law, Made Law And Creation: Reconsidering Blackstone's Declaratory Theory, William S. Brewbaker Iii
Articles
The subject of this paper is Blackstones famous declaratory theory of law the claim that judges find the law rather than make it Blackstones claim is widely rejected in the legal academy often because Blackstone is wrongly associated with the brooding omnipresence view of law rejected in cases like Erie Guaranty Trust and Southern Pacific Co v Jensen I argue that Blackstones theory fails for other reasons namely because his account does not square well with law practice as it exists and because his distinction between legislative lawmaking and judicial declaration is ultimately unsustainableDespite its faults Blackstones account of judging …
Weighing And Reweighing Eminent Domain's Political Philosophies Post-Kelo, Alberto B. Lopez
Weighing And Reweighing Eminent Domain's Political Philosophies Post-Kelo, Alberto B. Lopez
Articles
No abstract provided.
The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith M. Render
The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith M. Render
Articles
No abstract provided.
Rodrigo's Roundelay: Hernandez V. Texas And The Interest-Convergence Dilemma, Richard Delgado
Rodrigo's Roundelay: Hernandez V. Texas And The Interest-Convergence Dilemma, Richard Delgado
Articles
In this chronicle Rodrigo meets with his mentor before a party and the two discuss celebratory jurisprudence Their discussion focuses on Hernandez v Texas as a milestone for Latino civil rights After discussing the historical background against which the Supreme Court decided the case they conclude that the groundbreaking decision arrived as a result of concerns in high circles over Latin American communism and peoples movements and the risk of the same in the United States
Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado
Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado
Articles
The author Professor Richard Delgado takes as his point of departure a remark by the chair of the University of Colorado committee that voted academic sanctions against Ward Churchill This essay explores the role of retaliatory motives in academic misconduct cases In Churchills case Colorado authorities delved deeply and painstakingly into Churchills publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 911 tragedy What bearing should the investigations relation to the hue and cry that led to it have on its own legitimacy Professor …
You Are Living In A Gold Rush Ideas, Richard Delgado
Thomas Aquinas And The Metaphysics Of Law, William S. Brewbaker Iii
Thomas Aquinas And The Metaphysics Of Law, William S. Brewbaker Iii
Articles
Despite modernity's longstanding aversion to metaphysics, legal scholars are increasingly questioning whether law can be understood in isolation from wider questions about the nature of reality. This Article examines perhaps the most famous of metaphysical legal texts—Thomas Aquinas's still widely read Treatise on Law—with a view toward tracing the influence of Thomas's metaphysical presuppositions. This Article shows that Thomas's account of human law cannot be fully understood apart from his metaphysics. Attention to Thomas's hierarchical view of reality exposes tensions between Thomas's “top-down” account of law and his sophisticated “bottom-up” observations. For example, Thomas grounds human law's authority in its …
History Belongs To The Winners: The Bazelon-Leventhal Debate And The Continuing Relevance Of The Process/Substance Dichotomy In Judicial Review Of Agency Action Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
History Belongs To The Winners: The Bazelon-Leventhal Debate And The Continuing Relevance Of The Process/Substance Dichotomy In Judicial Review Of Agency Action Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Developing A More Holistic Approach To Water Management In The United States, William L. Andreen
Developing A More Holistic Approach To Water Management In The United States, William L. Andreen
Articles
Americans have generally treated water just like land and other natural resources as a commodity for human use manipulation and degradation Little thought or significance at least until relatively recently was attached to the adverse environmental impact of reduced stream flows and the damage caused by hydrologic modifications such as dams and by various development activities that disrupt and pollute aquatic habitats The United States therefore faces the difficult challenge of trying at a late date to bring together three separate but inextricably connected disciplines one focusing on water use one on water quality and yet another focusing on development …
Consumer Modification Of Copyrighted Works, Alan L. Durham
Consumer Modification Of Copyrighted Works, Alan L. Durham
Articles
Much existing scholarship focuses on the rights of authors to modify copyrighted works this article explores of the rights of consumers Advances in technology are providing consumers new opportunities to alter copyrighted works for their private enjoyment The recent dispute involving the ClearPlay technology for skipping offensive content in DVDs demonstrates how important and how controversial the clash of interests between authors and consumers may be In this article I consider the state of the law on consumer modifications and the arguments both economic and noneconomic for expanding or restricting the freedom of consumers A distinction can be drawn between …