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Full-Text Articles in Law
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard
Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard
Steve Sheppard
In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants the right to fair trials with impartial judges. Judges should recuse themselves from cases that involve conflicts of interest, which may result in partiality from the bench. However, judges do not always opt for recusal, even when their impartiality is in question. In Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), the Court evaluated West Virginia Supreme Court Justice Brent Benjamin’s decision not to disqualify himself from a case involving a litigant who made large contributions to his election …
Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard
Steve Sheppard
In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but his conclusion--hierarchies in law are wrong and must be resisted--is misplaced. Kennedy’s Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, claims law schools breed a hierarchical system, where rank plays an important part in how law schools relate to each other; how faculty members relate to each other and to students; and how students relate to other students. This system trains students to accept and prepare for their place within the hierarchy of the legal profession. According to Kennedy, such …
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …