Law Commons^™

Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek

Alev Dudek

The Way Of Colorinsight: Understanding Race And Law Effectively Through Mindfulness-Based Colorinsight Practices., Rhonda Magee

Rhonda V Magee

Most of us know that, despite the counsel of the current Supreme Court, colorblindness is not, by itself, an effective remedy against racism. This is so because it does not comport with our cognitive (or social) experience of the real world. Thus, legal scholars, backed by cognitive scientists, have called for a move from colorblindness to color insight -- defined as an understanding of race and its pervasive operation in our lives and in the law. This Article is the first to explore the role of research-grounded mindfulness-based contemplative practices in enhancing what may be called ColorInsight, and to suggest …

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan

Robert Kagan

Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.

The Ecology Of Law: Toward A Legal System In Tune With Nature And Community, Ugo Mattei, Fritjof Capra

Ugo Mattei

No abstract provided.

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington

Tanya Monique Washington

No abstract provided.

Community Legal Services In Perspective: The Development Of Legal Services In Canada, Frederick Zemans, Michael Herman

Frederick H. Zemans

The material deals with community legal services and specifically with the various issues that a student will encounter while working at Parkdale Community Legal Services.

Perspectives On Legal Aid: An International Survey, Frederick Zemans

Frederick H. Zemans

No abstract provided.

From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas

Frederick H. Zemans

No abstract provided.

A New Legal Aid Plan For Ontario: Background Papers, Frederick Zemans, Patrick Monahan, Aneurin Thomas

Frederick H. Zemans

No abstract provided.

The Meaning Of Hobby Lobby: Bedrooms, Boardrooms & Burdens, Anne Tucker

Anne Tucker

No abstract provided.

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

The Constitutional Rhetoric Of White Innocence

Cecil J. Hunt II

This article discusses the Supreme Court’s use of the rhetoric of white innocence in deciding racially inflected claims of constitutional shelter. It argues that the Court’s use of this rhetoric reveals that it has adopted a distinctly white-centered-perspective which reveals only a one-sided view of racial reality and thus distorts its ability to accurately appreciate the true nature of racial reality in contemporary America. This article examines the Court’s habit of consistently choosing a white-centered-perspective in constitutional race cases by looking at the Court’s use of the rhetoric of white innocence first in the context of the Court’s concern with …

The Story Behind A Letter In Support Of Professor Derrick Bell, Cheryl Butler, Sherrilyn Ifill, Suzette Malveaux, Margaret Montoya, Natsu Saito, Nareissa Smith, Tanya Washington

Tanya Monique Washington

No abstract provided.

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Chen, Taeku Lee

Taeku Lee

No abstract provided.

Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan Brody

Susan L. Brody

No abstract provided.

Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins

Christopher Tomlins

No abstract provided.

Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington

Tanya Monique Washington

No abstract provided.

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Il Benicomunismo E I Suoi Nemici, Ugo Mattei

Ugo Mattei

No abstract provided.

The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth

Peter L. Lindseth

No abstract provided.

Dreaming Of A Self Beyond Whiteness And Isolation, John Powell

john a. powell

In this Essay I want to engage racial boundaries and social boundaries in general. I want to poke them, prod them, and examine how these boundaries are constructed—not only in the structures and arrangements of our society, but within our processes of self-identification. I want to look at how we create these boundaries, and how they, in turn, create us. I assert that these external boundaries and manifestations of whiteness and internal white identity are linked at a deep level and that a better understanding of this relationship helps to explain why whiteness and racial hierarchy are still reproduced across …

Sentencing Trends For Economic Crime, Robert Sanger

Robert M. Sanger

Economic crime is something that intersects with the work of many practitioners, whether corporate counsel, business lawyers, civil litigators, estate planners, or family lawyers. As many know, the United States Sentencing Guidelines (“Guidelines”) have treated economic crimes with stiff guideline sentences. When the amount of intended loss rises, the sentences accelerate to the level of being extremely harsh. The United States Sentencing Commission has just published the results of their study of sentencing for economic crimes as applied in practice.The Guidelines have been declared to be advisory by the United States Supreme Court in United States v. Booker, 543 U.S. …

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations

David Gamage

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification – a fact that has confounded generations of scholars and created a mess of case law. This paper argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability …

Artifactions: The Battle Over The National Endowment For The Arts, Michael Dorf

Michael C. Dorf

No abstract provided.

Mandatory Arbitration For Customers But Not For Peers: A Study Of Arbitration Clauses In Consumer And Non-Consumer Contracts, Theodore Eisenberg, Geoffrey Miller, Emily Sherwin

Emily L Sherwin

We conducted a study of contractual practices by well-known firms marketing consumer products, comparing the firms' consumer contracts with contracts the same firms negotiated with business peers. The frequency of arbitration clauses in consumer contracts has been studied before, as has the frequency of arbitration clauses in non-consumer contracts. Our study is the first to compare the use of arbitration clauses within firms, in different contractual contexts.

The results are striking: in our sample, mandatory arbitration clauses appeared in more than three-quarters of consumer contracts and less than one tenth of non-consumer contracts (excluding employment contracts) negotiated by the same …

Compensation And Revenge, Emily Sherwin

Emily L Sherwin

No abstract provided.

Sex Lex: Creating A Discourse, Gerald Torres

Gerald Torres

No abstract provided.