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Articles 1 - 12 of 12
Full-Text Articles in Law
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Gerald Torres
This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …
Social Movements And The Ethical Construction Of Law, Gerald Torres
Social Movements And The Ethical Construction Of Law, Gerald Torres
Gerald Torres
No abstract provided.
Social Movements And The Ethical Construction Of Law, Gerald Torres
Social Movements And The Ethical Construction Of Law, Gerald Torres
Gerald Torres
No abstract provided.
Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres
Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres
Gerald Torres
This Essay will proceed in the following steps. First, I want to propose a preliminary definition of legal change. As I hope to make clear, there are technical and non-technical dimensions to the definition. Second, I want to offer a preliminary definition of social change and social movements. Third, I want to build on the analysis of the late Professor Thomas Stoddard in which he sketched out a relationship between what he calls "rule shifting" and "culture shifting."' Finally, I want to describe what Professor Lani Guinier and I have come to call "demosprudence." I appreciate that it is not …
Legal Change, Gerald Torres
Legal Change, Gerald Torres
Gerald Torres
The "demos" in demosprudence is meant to refer to those people who are collectively mobilized to make change. Demosprudence is not "the community" at the micro level. Nor is it the "'polity" writ large whether it acts through representative decision-making or voting in referenda and initiatives. It is not the theory or practice of a riot or a lynch mob. Nor is it the study of elections, whether for representatives or referenda. It is the theory and philosophy of legal meaning making through popular mobilization that engages a "thick" form of participation by people who are pushing for change by …
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Gerald Torres
No abstract provided.
Democracy Means That The People Make The Law, Gerald Torres
Democracy Means That The People Make The Law, Gerald Torres
Gerald Torres
Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.
The Constitutional Imaginary: Just Stories About We The People, Gerald Torres, Lani Guinier
The Constitutional Imaginary: Just Stories About We The People, Gerald Torres, Lani Guinier
Gerald Torres
No abstract provided.
Synecdoche, Gerald Torres
Synecdoche, Gerald Torres
Gerald Torres
This article suggests that the ideas of synecdoche and metonymy are not just figures of speech in which the part stands in for the whole. They are potentially useful metaphoric devices to understand the politics of institutional change through the inclusion of the formerly excluded. Capture: here the hazard is that those who find themselves in a position to use institutional power may find themselves subject to pressure to conform to the norms and values of those who have traditionally benefitted from the conventional use of that institution's authority. This will often be subtle and it may merely be a …
Sex Lex: Creating A Discourse, Gerald Torres
Understanding Patriarchy As An Expression Of Whiteness: Insights From The Chicana Movement, Gerald Torres, Katie Pace
Understanding Patriarchy As An Expression Of Whiteness: Insights From The Chicana Movement, Gerald Torres, Katie Pace
Gerald Torres
Race, of course, is but one aspect of the self or of political or social categorization. Class and gender relations (in addition to other considerations) also combine to structure social relations and individual consciousness. One of the questions that feminists like Catharine MacKinnon and Marylyn Frye asked early on was whether patriarchy has a color. This is not as simple or as odd a question as it might first appear. What this question asks is whether the pattern of racial management is structurally similar to or part of the system of gender management, and vice versa. This Essay examines this …
Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres
Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres
Gerald Torres
This essay was influenced by a class on Law and Social Movements that Professors Guinier and Torres taught at the Yale Law School in 2011. This essay was also informed by numerous conversations with Bruce Ackerman regarding his book that is under review in this Symposium. While we are in fundamental agreement with Professor Ackerman’s project, as well as the claims he makes as to the new constitutional canon, we supplement his analysis with the overlooked impact of the lawmaking potential of social movements. In particular, we focus on those social movements that were critical to the legal changes that …