Law Commons^™

Modern Disparities In Legal Education: Emancipation From Racial Neutrality, David Mears

David Mears

Abstract

Wealth, leadership and political power within any democratic society requires the highest caliber of a quality legal education. The Black experience is not necessarily a unique one within legal education but rather an excellent example of either poor to substandard quality disseminated unequally among racial and socioeconomic stereotypes based upon expected outcomes of probable success or failure. It is often said, “Speak and so it will happen” – many within the halls of academia work hard to openly predict failure yet seemingly do very little to foster success internally within the academic procedures and processes based on the customer …

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.

Group Size, Heterogeneity, And Prosocial Behavior: Designing Legal Structures To Facilitate Cooperation In A Diverse Society, Benjamin Barros

Benjamin Barros

Recent social science research has found that in many scenarios, increases in group size and diversity have a negative impact on cooperation and other prosocial behavior. A related study by the political scientist Robert Putnam has created a firestorm of debate within the past year about the negative effects of diversity on the social fabric.

This essay addresses a subset of this larger debate. It looks to recent social science research to explore how and why group size and diversity impact cooperation and other prosocial behaviors. It then considers how to take the results of this research into account in …

Punishment, Invalidation, And Nonvalidation: What H.L.A. Hart Did Not Explain, Richard Stith

Richard Stith

Elaborating first upon H. L. A. Hart's distinction between imposing duties and imposing disabilities, this article explores the two senses mentioned (but not fully explained) by Hart in which power-holders may be legally disabled. Legal invalidation (nullification) of norms that have been generated by vulnerable power-holders is seen to reduce diversity or pluralism in every normative sphere, from the supranational to the intrafamilial. By contrast, mere legal nonvalidation (noncognizance) of such norms tends to preserve the autonomy of the power-holders that created the norms, thus enhancing legal pluralism. Punishment for creating forbidden norms amounts in principle to an in-between sort …