Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Law

A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik Dec 2016

A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik

Dan Subotnik

No abstract provided.


Tyranny Of The Meritocracy?: A Disputation Over Testing With Professor Lani Guinier, Dan Subotnik May 2015

Tyranny Of The Meritocracy?: A Disputation Over Testing With Professor Lani Guinier, Dan Subotnik

Dan Subotnik

No abstract provided.


Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik May 2015

Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik

Dan Subotnik

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination. This article specifically responds to Richard Delgado’s article, Standardized Testing as Discrimination: A Reply to Dan Subotnik.


Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik May 2015

Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik

Dan Subotnik

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination. This article specifically responds to Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman’s article, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others.


Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik May 2015

Testing, Discrimination, And Opportunity: A Reply To Professor Harvey Gilmore, Dan Subotnik

Dan Subotnik

This article was written as part of an ongoing dialog about the author’s previous article, "Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning," which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination. This article specifically responds to an article written by Professor Harvey Gilmore which focuses mostly on the SAT and the LSAT.


Scholarly Incentives, Scholarship, Article Selection Bias, And Investment Strategies For Today's Law Schools, Dan Subotnik, Laura Ross May 2015

Scholarly Incentives, Scholarship, Article Selection Bias, And Investment Strategies For Today's Law Schools, Dan Subotnik, Laura Ross

Dan Subotnik

No abstract provided.


Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik Jun 2014

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

Dan Subotnik

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which a test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers.The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on testing …


Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik Jan 2013

Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik

Dan Subotnik

No abstract provided.


Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik May 2012

Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik

Dan Subotnik

No abstract provided.


What’S Wrong With Critical Race Theory?: Reopening The Case For Middle Class Values, Dan Subotnik May 2012

What’S Wrong With Critical Race Theory?: Reopening The Case For Middle Class Values, Dan Subotnik

Dan Subotnik

No abstract provided.


“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik May 2012

“Hands Off”: Sex, Feminism, Affirmative Consent, And The Law Of Foreplay, Dan Subotnik

Dan Subotnik

No abstract provided.


Goodbye To The Sat, Lsat? Hello To Equity By Lottery? Evaluating Lani Guinier’S Plan For Ending Race Consciousness, Dan Subotnik May 2012

Goodbye To The Sat, Lsat? Hello To Equity By Lottery? Evaluating Lani Guinier’S Plan For Ending Race Consciousness, Dan Subotnik

Dan Subotnik

No abstract provided.


On Constructively Realizing Constructive Realization: Building The Case For Death And Taxes, Dan Subotnik May 2012

On Constructively Realizing Constructive Realization: Building The Case For Death And Taxes, Dan Subotnik

Dan Subotnik

No abstract provided.


The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik May 2012

The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik

Dan Subotnik

No abstract provided.


The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik May 2012

The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik

Dan Subotnik

No abstract provided.


Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik Dec 2011

Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik

Dan Subotnik

No abstract provided.


Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik Dec 2011

Duke Rape Case Five Years Later: Lessons For The Academy, The Media, And The Criminal Justice System, Dan Subotnik

Dan Subotnik

No abstract provided.


“Sue Me, Sue Me, What Can You Do To Me? I Love You” A Disquisition On Law, Sex, And Talk, Dan Subotnik Apr 2011

“Sue Me, Sue Me, What Can You Do To Me? I Love You” A Disquisition On Law, Sex, And Talk, Dan Subotnik

Dan Subotnik

No abstract provided.


The Joke In Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik Apr 2011

The Joke In Critical Race Theory: De Gustibus Disputandum Est?, Dan Subotnik

Dan Subotnik

No abstract provided.


Critical Race Theory – The Last Voyage, Dan Subotnik Mar 2011

Critical Race Theory – The Last Voyage, Dan Subotnik

Dan Subotnik

No abstract provided.


Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar Mar 2011

Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar

Dan Subotnik

No abstract provided.


Are Law Schools Racist? - Part Ii (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik Mar 2011

Are Law Schools Racist? - Part Ii (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Dan Subotnik

No abstract provided.


Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik Mar 2011

Are Law Schools Racist?: A "Talk" With Richard Delgado (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Dan Subotnik

No abstract provided.


Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik Feb 2011

Bah, Humbug To The Bleak Story Of Women Law Faculty: A Response To Professor Neumann, Dan Subotnik

Dan Subotnik

No abstract provided.


Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik Feb 2011

Seeing Through "The Glass Ceiling": A Response To Professor Angel, Dan Subotnik

Dan Subotnik

No abstract provided.


Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar Feb 2011

Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar

Dan Subotnik

No abstract provided.


What's Wrong With Faculty-Student Sex? Response Ii, Dan Subotnik Feb 2011

What's Wrong With Faculty-Student Sex? Response Ii, Dan Subotnik

Dan Subotnik

No abstract provided.


Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik Jan 2011

Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik

Dan Subotnik

No abstract provided.


Toxic Diversity: Race, Gender And Law Talk In America, Dan Subotnik Dec 2004

Toxic Diversity: Race, Gender And Law Talk In America, Dan Subotnik

Dan Subotnik

Toxic Diversity offers an invigorating view of race, gender, and law in America. Analyzing the work of preeminent legal scholars such as Patricia Williams, Derrick Bell, Lani Guinier, and Richard Delgado, Dan Subotnik argues that race and gender theorists poison our social and intellectual environment by almost deliberately misinterpreting racial interaction and data and turning white males into victimizers. Far from energizing women and minorities, Subotnik concludes, theorists divert their energies from implementing America's social justice agenda.

Insisting, in the words of James Baldwin, that “not everything that is faced can be changed, but nothing can be changed until it …