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Articles 1 - 30 of 34
Full-Text Articles in Law
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Articles
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …
"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada
"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada
Articles
This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …
The Lost Cause Of Free Speech, Mary Anne Franks
Labor’S New Localism, Andrew Elmore
Labor’S New Localism, Andrew Elmore
Articles
Millions of workers in the United States, disproportionately women, immigrants, and people of color, perform low-paid, precarious work. Few of these workers can improve their workplace standards because the National Labor Relations Act ("NLRA") does not sufficiently protect their right to form unions and collectively bargain. Lacking sufficient influence in federal and state government to strengthen labor and employment law, unions and worker centers have increasingly sought to build power in cities. The shift to local labor lawmaking has delivered local minimum wage, paid sick leave, and fair scheduling ordinances covering millions of low-wage workers, as well as groundbreaking unionization …
E-Notice And Comment On Due Process, Sergio J. Campos
Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker
Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker
Articles
No abstract provided.
Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker
Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker
Articles
Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …
Representing Interdisciplinarity, Kunal Parker
Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker
Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker
Articles
No abstract provided.
Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker
Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker
Articles
No abstract provided.
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer
Articles
No abstract provided.
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
Articles
In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
Articles
Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Articles
No abstract provided.
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.
Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack
Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack
Articles
No abstract provided.
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
Articles
No abstract provided.
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack
Articles
No abstract provided.
Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes
Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes
Articles
Lawrence was decided exactly eighty years after the first liberty-privacy case, and in the midst of a fierce kulturkampf striving to roll back civil rights generally. In this Article, Professor Valdes situates Lawrence in the context formed both by these four score of liberty-privacy jurisprudence that precede it as well as by the politics of backlash that envelop it today. After canvassing the landmark rulings from Meyer in 1923 to Lawrence in 2003, in the process acknowledging both their emancipatory strengths and their traditionalist instrumentalism, Professor Valdes concludes that Lawrence is a long overdue recognition of the prior precedents and …
The "Law"/"Politics" Distinction In The Colonial/Postcolonial Context, Kunal M. Parker
The "Law"/"Politics" Distinction In The Colonial/Postcolonial Context, Kunal M. Parker
Articles
No abstract provided.
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Making Blacks Foreigners: The Legal Construction Of Former Slaves In Post-Revolutionary Massachusetts, Kunal Parker
Making Blacks Foreigners: The Legal Construction Of Former Slaves In Post-Revolutionary Massachusetts, Kunal Parker
Articles
No abstract provided.
Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge
Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge
Articles
No abstract provided.
Where Hannah Arendt Went Wrong, David Abraham
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
Articles
No abstract provided.
Black And White (Book Review), Anthony V. Alfieri
Group Agency And Group Rights, James W. Nickel
Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker
Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker
Articles
No abstract provided.
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Articles
This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Articles
No abstract provided.