Law Commons^™

Flourishing Rights, Wendy A. Bach

Scholarly Works

Flourishing Rights reviews Clare Huntington’s Failure to Flourish: How Law Undermines Family Relationships, recently published by the Oxford University Press. This review explores the way that specific issues at the heart of the relationship between poor families and the state affects Huntington’s thesis and proposals. The review largely applauds the book but concludes that a robust form of rights protection, when combined with the impressive policy arguments Huntington marshals, might actually make real the audacious idea that everyone has a right to flourish.

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

Scholarly Works

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.

The Hyperregulatory State: Women, Race, Poverty And Support, Wendy A. Bach

Scholarly Works

Vulnerability and dependency theory offers a rich and promising vision for those who seek to conceptualize and build a more responsive state. In theorizing a road to a supportive state, however, what would it mean to take up the challenge of intersectionality? What would it mean to center the analysis around key aspects of the relationship between legal institutions and the poor, disproportionately women and families of color who have no choice but to avail themselves of what remains of a shredded social safety net? The Hyperregulatory State argues that, for women who have no choice but to avail themselves …