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Articles 1 - 5 of 5
Full-Text Articles in Law
Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw
Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw
Faculty Scholarship
This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …
Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi
Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi
Faculty Scholarship
Five years ago, Fred Schauer published an article with the intriguing title: "Do Cases Make Bad Law?" Playing off Holmes' observation that "[g]reat cases like hard cases make bad law," Schauer explored the possibility, as he put it, that "it is not just great cases and hard cases that make bad law, but simply the deciding of cases that makes bad law.” His concern, confirmed and deepened by his characteristically balanced inquiry, was that general principles forged in the resolution of specific legal disputes can suffer by virtue of that provenance. Because such principles by definition are meant to carry …
A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah S. Purdy
A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah S. Purdy
Faculty Scholarship
In a tribute like this, the question arises unavoidably: is Carol a fox or a hedgehog? That is, following Isaiah Berlin’s iconic distinction, does she know many things, like the fox, or, like the hedgehog, does she know one big thing?
It may seem strange that the ecosystem of legal scholarship should contain so little biodiversity; but the question engaged me. I started out thinking that Carol must be a fox, but I may have thought so for the wrong reasons: reasons of style, basically, having to do with her light-footedness, her deftness, and the recurrent sense that, just when …
What Happened In Iowa?, David Pozen
What Happened In Iowa?, David Pozen
Faculty Scholarship
Reply to Nicole Mansker & Neal Devins, Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, 111 Colum. L. Rev. Sidebar 27 (2011).
November 2, 2010 is the latest milestone in the evolution of state judicial elections from sleepy, sterile affairs into meaningful political contests. Following an aggressive ouster campaign, voters in Iowa removed three supreme court justices, including the chief justice, who had joined an opinion finding a right to same-sex marriage under the state constitution. Supporters of the campaign rallied around the mantra, “It’s we the people, not we the courts.” Voter turnout surged to unprecedented levels; the national …
Privileges Or Immunities, Philip A. Hamburger
Privileges Or Immunities, Philip A. Hamburger
Faculty Scholarship
What was meant by the Fourteenth Amendment's Privileges or Immunities Clause? Did it incorporate the U.S. Bill of Rights against the states or did it do something else? In retrospect, the Clause has seemed to have the poignancy of a path not taken – a trail abandoned in the Slaughter-House Cases and later lamented by academics, litigants, and even some judges. Although wistful thoughts about the Privileges or Immunities Clause may seem to lend legitimacy to incorporation, the Clause actually led in another direction. Long-forgotten evidence clearly shows that the Clause was an attempt to resolve a national dispute about …