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Full-Text Articles in Law
Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender
Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender
Faculty Articles
No abstract provided.
Examining The Case For Socialized Law, Myriam E. Gilles, Gary Friedman
Examining The Case For Socialized Law, Myriam E. Gilles, Gary Friedman
Faculty Articles
Most people would agree with Frederick Wilmot-Smith that the rich have no greater claim to justice than the poor. And yet, as Wilmot-Smith points out in his provocative book, Equal Justice: Fair Legal Systems in an Unfair World, our laissez-faire legal-services markets ensure sharply unequal justice for rich and poor. The prescription at the heart of Equal Justice is the deprivatization of markets for legal services. To realize the ideal of equal justice, Wilmot-Smith would equalize the legal talent available to all and replace the market system with a centralized regime loosely analogous to socialized medicine.
Wilmot-Smith’s bold ideas …
Beyond Equality And Discrimination, Martha Albertson Fineman
Beyond Equality And Discrimination, Martha Albertson Fineman
Faculty Articles
The theme of this Article for the SMU Law Review Forum focuses us on the challenges faced by the “economically disadvantaged” in the past decade and in the future. This framing is rooted in a distinction between that conceptual status of equality and the actuality of discrimination and disadvantage. This is the lens through which contemporary legal culture tends to assess the nature and effect of existing laws and determines the necessary direction of reform. As such, this paradigm provides the governing logic for both criticism and justification of the status quo. It is rooted in an understanding of the …