Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Constructing Reality: Social Science And Race Cases, Beverly I. Moran
Constructing Reality: Social Science And Race Cases, Beverly I. Moran
Vanderbilt Law School Faculty Publications
Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. Board of Education and Grutter v. Bollinger all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must understand the nature of the societies that they attempt to persuade and the language that leads judges to change their ways of thinking. In the early 21st century, the language of persuasion is often the language of social science.
Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke
Adverse Possession Of Identity: Radical Theory, Conventional Practice, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, and racial identity share striking similarities to adverse possession law – these doctrines confer legal status on those who are merely acting as if they have that legal status. In each case, the elements of a legal claim are strikingly similar: physical proximity, notoriety and publicity, a claim of right, consistent and continuous behavior, and public acquiescence. The reason public performance is critical is that …