Law Commons^™

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell

Faculty Scholarship

Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …

Symposium: Building The Arc Of Justice: The Life And Legal Thought Of Derrick Bell: Foreword, Matthew H. Charity

Faculty Scholarship

The four articles in this Symposium issue pay tribute to the work of Professor Derrick Bell by building on his challenges to the permanence of racial domination, to the potential limitations of good will inherent in the concept of interest convergence, and to the question of permanence not just of racism, but of other systemic biases since recognized, written on, and litigated. The articles range from the 19th century to the hegemonic war on terror, from Latin identity as a disruptive force, to recognition of subjugated identities allowing for the creation of coalitions to end oppression.

Stuck: Fictions, Failures And Market Talk As Race Talk, Athena D. Mutua

Journal Articles

ClassCrits is a network of scholars and activists interested in critical analysis of law, the economy, and inequality. We aim to better integrate the rich diversity of economic methods and theories into law by exploring and engaging a variety of heterodox economic theories; including reviving, from the margins and shadowy past, discussions of class relations and their possible relevance to the contemporary context.

As a participant in the ClassCrits VI conference entitled, “Stuck in Forward: Debt, Austerity and the Possibilities of the Political”, I sat there at the end of the first day and puzzled over the fact that our …

How Masculinities Distribute Power: The Influence Of Ann Scales, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

Ann Scales's scholarship on masculinities in relation to sexual assault and militarism prompted us to consider exactly how power is distributed by assumptions about what is masculine. For instance, men privileged by association with hegemonic masculinities — those most dominant and preferred — are sometimes excused for acts of violence against people who are denigrated as unmasculine or excessively masculine. In one set of examples, communities excuse football players for sexual assaults on grounds that "boys will be boys." The implication is that boys should be allowed to act out before taking on adult responsibilities, and that they need to …

Business-Managed Democracy: The Transnational Class, Sharon Beder

Faculty of Law, Humanities and the Arts - Papers (Archive)

“The rise of corporate power and the increasing importance accorded to markets mean that transnational corporations are eclipsing the nation state as the driving force behind policy-making. Free trade has been given precedence over goals such as environmental protection, improved working conditions, affordable and accessible electricity and water, universal health care and schooling.”

Diverging Destinies Redux, Amy L. Wax

All Faculty Scholarship

My recent “where to live” conversation with a newly hired colleague yielded an unsurprising list of “possibles”: selected blocks of Mount Airy and Germantown, plus the Main Line towns of Bryn Mawr, Ardmore, Haverford, Villanova, Gladwyne, and so forth. Despite my colleague’s professed open mind about potential neighborhoods, Jenkintown — my own somewhat obscure and distinctly unfashionable (but much more affordable) suburb — drew a blank stare, as did a dozen other solidly middleclass areas I mentioned. By my calculation, there are over 400 zip codes within a thirty-mile radius of Rittenhouse Square, which is in the center of downtown …

Mismatch: How Affirmative Action Hurts Students It’S Intended To Help, And Why Universities Won’T Admit It (Book Review), Michael S. Ariens

Faculty Articles

Mismatch is one of the most important books about law and public policy published recently. The authors, Richard H. Sander and Stuart Taylor, Jr., offer a provocative and deeply researched conclusion: empirical evidence strongly suggests that affirmative action in the admission of African-Americans and Hispanics to selective colleges and law schools is more harmful than helpful.

The problem of underrepresentation of African-Americans and Hispanics in the American legal profession is a continuing problem. But the work of Richard Sander strongly indicates that relying on the power of affirmative action has generated deleterious effects for those this “solution” was designed to …

A Critical Research Agenda For Wills, Trusts And Estates, Bridget J. Crawford, Anthony C. Infanti

Articles

The law of wills, trusts, and estates could benefit from consideration of its development and impact on people of color; women of all colors; lesbian, gay, bisexual, and transgendered individuals; low-income and poor individuals; the disabled; and nontraditional families. One can measure the law’s commitment to justice and equality by understanding the impact on these historically disempowered groups of the laws of intestacy, spousal rights, child protection, will formalities, will contests, and will construction; the creation, operation and construction of trusts; fiduciary administration; creditors’ rights; asset protection; nonprobate transfers; planning for incapacity and death; and wealth transfer taxation. This essay …

Classcrits Mission Statement, Justin Desautels-Stein, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy

Publications

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