Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Trailblazing And Living A Purposeful Life In The Law: A Dakota Woman's Reflections As A Law Professor, Angelique Eaglewoman
Trailblazing And Living A Purposeful Life In The Law: A Dakota Woman's Reflections As A Law Professor, Angelique Eaglewoman
Faculty Scholarship
This Essay is a reflection from my perspective as a Dakota woman law professor on my fifth law school faculty. In the illuminating work of Meera Deo, light is shone on the experience of women of color legal academics. Unequal Profession: Race and Gender in Legal Academia is a book that should be required reading at every law school. As women of color are faculty members in every law school in the United States, the research, analysis, and recommendations tailored to the experience of women of color law faculty should be a priority topic in those same law schools. As …
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Faculty Scholarship
The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …
Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie Failinger
Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie Failinger
Faculty Scholarship
In this article, the author proposes that those who work in any capacity with impoverished clients and embattled minority communities imagine practice from within Levinas' key images. First, that ethics is first philosophy - that knowledge of the self, the Other and the context in which ethical action is possible does not precede ethical understanding, decision-making and action, but that rather that we become human in the ethical encounter with the incommensurable Other. Second, that representing a client is in each moment an encounter with the face of the Other. We look up into the face of the Other calling …