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Articles 1 - 24 of 24
Full-Text Articles in Law
Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua
Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua
Journal Articles
In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. This article provides an overview of the workshops’ key understandings and discussions. The essay suggests that these understandings, informed by critical legal scholarship, constituted a set of shared assumptions among the participants and informed the groups’ rejection of class blindness, a society-wide blindness to the existence and use of economic power. Discussing some of the functional similarities of gender, race and class blindness, the article argues that feminist and critical race scholars’ critiques of …
Human Rights And Powerlessness: Pathologies Of Choice And Substance, Makau Mutua
Human Rights And Powerlessness: Pathologies Of Choice And Substance, Makau Mutua
Journal Articles
The human rights corpus is a bundle of pathologies of choice and substance. But these pathologies are ideologically driven and inhere in the human rights movement because of the political choices and biases that are part of the cultural universe of human rights. In particular, the corpus is captive to thin notions of human rights that tend not to challenge deeply embedded social and economic assumptions and systems. The historical narrative of the human rights movement closely parallels the hegemonic rise of the West and hence the movement’s imprisonment in an intellectual project that casts the human being in the …
In Search Of Sub-National Constitutionalism, James A. Gardner
In Search Of Sub-National Constitutionalism, James A. Gardner
Journal Articles
Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …
A Localist Reading Of Local Immigration Regulations, Rick Su
A Localist Reading Of Local Immigration Regulations, Rick Su
Journal Articles
The conventional account of immigration-related activity at the local level often assumes that the "local" is simply a new battleground in the national immigration debates. This article questions that presumption. Foregrounding the legal rules that define local governments and channels local action, this article argues that the local immigration "crisis" is much less a consequence of federal immigration policy than normally assumed. Rather, it can also be understood as a familiar byproduct of localism: the legal and cultural assumptions that shape how we structure and organize local communities, provide and allocate local services, and define the legal relationship of local, …
The Culpability Of Felony Murder, Guyora Binder
The Culpability Of Felony Murder, Guyora Binder
Journal Articles
Legal scholars are almost unanimous in condemning felony murder as a morally indefensible form of strict liability. This Article provides the long-missing principled defense of the felony murder doctrine. It argues that felony murder liability is deserved for killing negligently by means of a violent or apparently dangerous felony involving an additional malign purpose independent of physical injury to the victim killed. This claim follows from the simple idea that the guilt incurred in attacking or endangering others depends on one’s reasons for doing so. The article develops this idea into an expressive theory of culpability that assesses blame for …
Duress, Demanding Heroism And Proportionality, Luis E. Chiesa
Duress, Demanding Heroism And Proportionality, Luis E. Chiesa
Journal Articles
No abstract provided.
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Journal Articles
No abstract provided.
Section 524(G) Without Compromise: Voting Rights And The Asbestos Bankruptcy Paradox, S. Todd Brown
Section 524(G) Without Compromise: Voting Rights And The Asbestos Bankruptcy Paradox, S. Todd Brown
Journal Articles
Section 524(g) of the Bankruptcy Code was adopted to protect unknown future asbestos personal injury victims' rights and prospects for financial recovery. To serve these goals and satisfy the demands of due process, Section 524(g) provides two basic forms of virtual representation for future victims - requiring the appointment of an independent legal representative and aligning the interests of future victims with current claimants (75% of whom must approve any plan that invokes Section 524(g)). In recent years, however, the 75% super-majority vote requirement has been transformed into a veto power wielded by a small group of law firms, who …
Advertising And The Transformation Of Trademark Law, Mark Bartholomew
Advertising And The Transformation Of Trademark Law, Mark Bartholomew
Journal Articles
Despite the presence of a vigorous debate over the proper scope of trademark protection, scholars have largely ignored study of trademark law's origins. It would be a mistake, however, to ignore the history behind trademark law. Scrutiny of the formative era in American trademark law yields two important conclusions. First, courts granted robust legal protection to trademark holders in the early twentieth century because they accepted the benign view of advertising presented to them by advertisers. As advertising became linked to cultural progress and social cohesion, courts adopted doctrinal revisions to protect advertising's value that remain embedded in modern trademark …
Victims And The Significance Of Causing Harm, Guyora Binder
Victims And The Significance Of Causing Harm, Guyora Binder
Journal Articles
Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We …
A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller
A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller
Journal Articles
This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Journal Articles
This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Journal Articles
No abstract provided.
An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky
An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky
Journal Articles
This Article examines the working relationship between the insurance industry and prosecutors in the insurance fraud prosecution context. Both informal and legislatively mandated relationships are examined and funding schemes reviewed. The Article argues that specialized funding of investigators and prosecutors by industry assessment has led to perceptions of industry influence on the impartiality of the prosecutor. The Article then reviews the capacity of perceived influence to chill tort plaintiff lawyer activity. The Article concludes that the potential for conflict exists and is sufficient to warrant due process consideration. Additionally, the Article offers suggestions for potential prophylactic procedural safeguards in the …
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
Journal Articles
No abstract provided.
Eighteen Or Thirty, But Not Twenty-Two, John Henry Schlegel
Eighteen Or Thirty, But Not Twenty-Two, John Henry Schlegel
Journal Articles
No abstract provided.
Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew
Red Thread Or Slender Reed: Deconstructing Prof. Bartholet's Mythology Of International Adoption, Johanna Oreskovic, Trish Maskew
Journal Articles
No abstract provided.
"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman
"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman
Journal Articles
Recently, municipalities have been investing large sums of money as well as much bureaucratic and professional effort into making their cities not only a more "treefull" place, but also a place that surveys, measures, regulates, and manages its trees. This article explores the transformation of the utilitarian discourse on trees, which focuses on the benefits of trees and greenery, into a normative discourse whereby trees are not only considered good but are also represented as if they are or should be loved by everybody. This transformation is not only the result of top-down governmental policies. It is also a consequence …
Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman
Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman
Journal Articles
Most sociolegal studies of the urban street focus on the human element. By focusing on the tree, my Article offers a unique perspective on the interrelations between various actors within the public spaces of modern North American cities. Situated at the intersection of legal geography, anthropology, and Science and Technology Studies, this Article demonstrates how natural artifacts function as technologies of governance, thereby masking crucial political interventions behind a natural facade. The tensions between nature and the city, as embedded in both the construction and the regulation of street trees, provide an unusual perspective on the management of urban populations …
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Journal Articles
This article examines the implications of the Michael Vick case for the criminal law in general and for the law of victimhood in particular. It takes as its point of departure the NFL star's agreement to pay close to one million dollars to the various entities that assumed custody of the pit bulls in order to "make restitution for the full amount of the costs associated with the disposition of all dogs" that were involved in his illegal operation. According to the agreement, the authority to order such payments stems from 18 U.S.C. ý 3663, which allows for the issuance …
Just Back From The Human Rights Council, Makau Mutua
Just Back From The Human Rights Council, Makau Mutua
Journal Articles
The piece critically looks at the transition from the UN Commission on Human Rights to the UN Human Rights Council in 2006 and questions whether the change is one of substance or form. It argues that the same paralysis that dogged the Commission will continue to afflict the Council because power politics and regional blocs - fueled by the global asymmetries of power - will not go away. The piece also contends that the charge by the West that the Commission was utterly compromised by the Third World was without merit because it was the one forum where developing could …
Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora
Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora
Journal Articles
No abstract provided.
Notes On The Multiple Facets Of Immigration Federalism, Rick Su
Notes On The Multiple Facets Of Immigration Federalism, Rick Su
Journal Articles
This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …
Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis
Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis
Journal Articles
No abstract provided.