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Full-Text Articles in Law
The Dream That Will Not Die: Martin Luther King, Jr., And The Continuing American Revolution, Henry Mcgee
The Dream That Will Not Die: Martin Luther King, Jr., And The Continuing American Revolution, Henry Mcgee
Faculty Articles
Professor Henry W. McGee, Jr. reviews Bearing the Cross: Martin Luther King, Jr. and the Southern Christian Leadership Conference, By David J. Garrow. Bearing the Cross depicts Dr. Martin Luther King, Jr., while neither a lawyer nor a judge, belonged in the pantheon of American constitutional giants. From the Gethsemane of an Alabama jail, Dr. King carried the cross of freedom to the steps of the Lincoln Memorial, and ultimately to his own crucifixion on the balcony of a Memphis motel. The story of how a black Baptist minister caused the Constitution to be applied to all Americans is one …
Who's Afraid Of Tiger Woods?, Robert S. Chang
Who's Afraid Of Tiger Woods?, Robert S. Chang
Faculty Articles
Responding to media celebrations on the 50th anniversary of Jackie Robinson’s breaking of the color barrier in Major League Baseball that portray America’s battle for racial justice having been won, this article posits putting racially diverse sport stars on a pedestal misleading. This goes on to ask and explain what sports represent in a democratic society and how Tiger Woods forces us to ask the ‘race’ question. Finally, the article discusses multiracialism and LatCrit scholarship.
Standing On The Corner--Trying To Find Our Way, W. H. Knight
Standing On The Corner--Trying To Find Our Way, W. H. Knight
Faculty Articles
In this article, the author outlines academic presentations that have evoked in him a particularly emotional response. The effectiveness and importance of these presentations is judged by their groundedness, as they deal with the topic of law intersecting with the everyday lives of ordinary people. Generally, the author draws attention to a theme of social justice in academia.
“To Learn And Make Respectable Hereafter:” The Litchfield Law School In Cultural Context, Andrew Siegel
“To Learn And Make Respectable Hereafter:” The Litchfield Law School In Cultural Context, Andrew Siegel
Faculty Articles
This article details the historical moment in which the Law School emerged, sketching both the political and social structure of colonial Connecticut and the multifaceted crisis facing that state's leaders in the late eighteenth and early nineteenth centuries. It describes the response of Litchfield's elite to this unfolding crisis, focusing in detail on the innovative institutions they founded and nurtured during this period, including the Law School and the Litchfield Female Academy. The article then attempts to place the Law School in historical and cultural context, providing, sequentially, an exploration of the social vision propounded in its classroom, a brief …
Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson
Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson
Faculty Articles
The ABA Journal presents women in the legal system in a similar fashion to the presentation of women in the journals of other professions. Women are portrayed in traditional sex roles, they are pictured passively and they are often shown negatively as victims. In the volumes the authors studied, they found that the numbers of images of attorneys, judges and professors were not proportionate to the number of men and women in the legal profession. Moreover, the ABA Journal predominantly displayed women as dependent on their male counterparts. The authors also found instances where the ABA Journal portrayed women as …
The P.R.C.'S Negotiable Instruments Law: An Instrument For Facilitating Private Economic Activity Or Monetary Control?, Kara Phillips, Amy Sommers
The P.R.C.'S Negotiable Instruments Law: An Instrument For Facilitating Private Economic Activity Or Monetary Control?, Kara Phillips, Amy Sommers
Faculty Articles
This article discusses China’s market reforms, and how negotiable instruments have played an increasingly important role in China’s economy. The Negotiable Instruments Law, which came into effect January 1, 1996, consists of seven chapters, covering General Provisions, Drafts, Promissory Notes, Checks, Applicability of the Law to Foreign Negotiable Instruments, Legal Responsibilities, and Supplementary Provisions. This article illustrates that while the Negotiable Instruments Law constitutes a comprehensive financial statute; its scope is narrow in that it addresses negotiable instruments primarily in the context of banking transactions. This is especially apparent in the case of promissory notes that are regulated solely in …
Resurrecting The General Utilities Doctrine, Lily Kahng
Resurrecting The General Utilities Doctrine, Lily Kahng
Faculty Articles
This article examines the finance literature exploring the causes and consequences of takeovers and concludes that the policies underlying General Utilities repeal were misguided. This article finds that repeal of the General Utilities doctrine has made inefficient acquisitions more attractive while making efficient ones less attractive. Furthermore, repeal of the General Utilities doctrine has reduced the attractiveness of the most efficient means by which managers can divest themselves of the product of their past acquisitiveness. This article concludes that certain aspects of the doctrine should be reinstated.
Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang
Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang
Faculty Articles
Professor Chang observes that Asians are often perceived as interlopers in the nativistic American "family." This conception of a nativist "family" is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived to be "illegitimate," such as Asians and Blacks, are policed either by rule of law or the force of sanctioned vigilante violence. Chang illustrates his thesis by drawing upon the three films referenced.
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Teach In Context: Responding To Diverse Student Voices Helps All Students Learn, Paula Lustbader
Faculty Articles
This article uses quotes from interviews with diverse students as a spring board to discuss contextualized learning theory and teaching strategies to enhance student learning. Students must relate new information to their own experience; develop ideas about the new information; and articulate their understanding of it. In other words, to fully understand something, students must be able to relate to it, own it, and translate it. To help students do this, the article discusses and provides examples of three concrete teaching strategies: experiential learning exercises, writing exercises, and collaborative exercises.
Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender
Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender
Faculty Articles
Although much has been written about Oregon's unique legacy of public privilege to use private beaches, scholarship has tended to focus on articulation as well as spirited critique of the custom doctrine. More recently, commentators have addressed the question of whether the public's beach rights can withstand scrutiny under the constitutional takings doctrine. In contrast, this article assumes that the custom doctrine is sufficiently embedded in Oregon's history and case law as precedent to withstand reconsideration of the doctrine and to constitute a background principle of state law for purposes of the takings doctrine. With these assumptions, the article examines …
The Guardian Ad Litem In Child Custody Cases: The Contours Of Our Judicial System Stretched Beyond Recognition, Raven Lidman, Betsy Hollingsworth
The Guardian Ad Litem In Child Custody Cases: The Contours Of Our Judicial System Stretched Beyond Recognition, Raven Lidman, Betsy Hollingsworth
Faculty Articles
This article discusses the role of the guardian ad litem, as Part I dissects each of the five potential guardian ad litem roles: Lawyer, Expert Witness, investigator/Lay Witness, Mediator/Facilitator, and Party. For each role, this section explores: how the well-known role is typically performed within the court system as a whole; how that role might be performed in a custody case, consistent with its occurrence elsewhere in the judicial system; and how that role, when held by a guardian ad litem, actually is performed in a custody context. Part II endeavors to explain how the guardian ad litem figure has …