Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
Daniel A Farber
Looks at affirmative action programs in universities and schools in the U.S. in the context of the Critical Race Theory. Discussion of the concept of reverse discrimination; History of Critical Race Theory; Rights and protection of minority students.
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …
When The Court Has A Party, How Many Friends Show Up - A Note On The Statistical Distribution Of Amicus Brief Filings, Daniel A. Farber
When The Court Has A Party, How Many Friends Show Up - A Note On The Statistical Distribution Of Amicus Brief Filings, Daniel A. Farber
Daniel A Farber
This article examines the statistical distribution of amicus brief filings. The previous research on the distribution of amicus brief filings had examined the patterns of citation frequency in order to test three models. The current study tests these models in the context of amicus brief filings. The two primary results of the current study are presented. First, a power law distribution does provide improved fit over linear regression. Second, amicus brief filings are unrelated to the number of federal appellate citations received by an opinion.
The Dead Hand Of The Architect, Daniel A. Farber
The Dead Hand Of The Architect, Daniel A. Farber
Daniel A Farber
No abstract provided.
Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber
Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber
Daniel A Farber
Environmental law is examined in light of the slippage between regulatory standards and the actual conduct of regulated parties. Two forms of slippage are identified: negative, which describes the situation where something that is legally mandated to happen fails to happen; and affirmative, which describes the situation where required standards are renegotiated rather than ignored. This concept of slippage is explored in terms of how it might inform discussions of legal doctrine, environmental policy, and environmental pedagogy. Slippage is good in the context that it can ameliorate the sometimes impractical demands found in statues, and bad in the context that …
Politics And Procedure In Environmental Law, Daniel A. Farber
Politics And Procedure In Environmental Law, Daniel A. Farber
Daniel A Farber
Deals with a study which applied interest-group theories on environmental laws. Relationship between legislators and environmental groups; Sources of environmental legislation; Role of environmental groups in the passage of environmental legislation.
Contract Law And Modern Economic Theory, Daniel A. Farber
Contract Law And Modern Economic Theory, Daniel A. Farber
Daniel A Farber
No abstract provided.
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey
Daniel A Farber
No abstract provided.
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.
Telling Stories Out Of School: An Essay On Legal Narratives, Daniel A. Farber, Suzanna Sherry
Telling Stories Out Of School: An Essay On Legal Narratives, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.