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Social Justice Movements And Latcrit Community: On Making Social Constructionist And Anti-Essentialist Arguments In Court, Suzanne B. Goldberg Jan 2002

Social Justice Movements And Latcrit Community: On Making Social Constructionist And Anti-Essentialist Arguments In Court, Suzanne B. Goldberg

Faculty Scholarship

This article examines the difficulties associated with identity-based arguments in litigation. In particular, the article considers the ways in which anti-essentialist and social constructionist framings of identity clash with judicial preferences for fixed identity categories. I review cases in which courts have addressed anti-essentialist and social constructionist arguments (both positively and negatively) and offer preliminary hypotheses to explain the limits on courts' willingness to accept these types of arguments


Blaming Youth, Elizabeth S. Scott Jan 2002

Blaming Youth, Elizabeth S. Scott

Faculty Scholarship

This essay addresses how law makers should think about developmental immaturity in assigning criminal punishment to young offenders. This issue has received little attention in policy debates or in the academic literature, in part because young offenders traditionally have been dealt with in a separate system that held to the view that their disposition was not governed by the criminal law. In the past generation, this model of juvenile of juvenile justice has become obsolete, and, under recent reforms, youths are increasingly tried and punished as adults. These policy changes have proceeded with little attention to the conventional limits on ...