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Articles 1 - 6 of 6
Full-Text Articles in Law
Interpreting The Americans With Disabilities Act: A Case Study In Pragmatic Judicial Reconstruction, Michael L. Selmi
Interpreting The Americans With Disabilities Act: A Case Study In Pragmatic Judicial Reconstruction, Michael L. Selmi
Michael L Selmi
This article challenges the prevailing academic consensus regarding the Supreme Court’s interpretation of the Americans With Disabilities Act (“ADA”), and does so in the context of theories of statutory interpretation. Virtually all academic commentary has condemned the Court’s interpretations as constituting a “judicial backlash” against the disabled, given that the Court’s interpretations have significantly narrowed the scope of the statute. My analysis offers a counter narrative. I contend that although the Supreme Court’s interpretations have narrowed the statute’s scope, and have done so without regard to congressional intent, their decisions are largely consistent with congressional expectations and reigning social norms …
Ghosts Of The Past And Hopes For The Future: Article 466 And Societal Expectations, Elizabeth Carter
Ghosts Of The Past And Hopes For The Future: Article 466 And Societal Expectations, Elizabeth Carter
Journal Articles
This paper traces the history of the law governing component parts Louisiana Civil Code article 466 and its predecessor articles. It notes that civilian methods of interpretation do little to solve the ambiguity inherent in component parts and that stare decisis and jurisprudence constante only confuse the situation. The societal expectations test has been designed to account for these problems and has successfully resolved the ambiguities when it is correctly applied.
Freedom Of The Press For Whom? The Question To Be Answered In Our Critical Juncture, Robert W. Mcchesney
Freedom Of The Press For Whom? The Question To Be Answered In Our Critical Juncture, Robert W. Mcchesney
Hofstra Law Review
No abstract provided.
The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon
Faculty Scholarship
Stories about law and social change can have a sameness to them. Yet in many ways, the tales told in this volume stand out from the crowd. Each story is shaped around a campaign undertaken by a community organization or coalition deeply engaged in the struggle for racial and economic justice. Attorneys appear as supporting players rather than main characters, seeking to help organizations build the power needed to achieve their goals. These lawyers translate information about the law into lay language, pressure opponents, defend the organization, open up spaces for community voice and action, and seek to establish new …
Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres
Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres
Cleveland State Law Review
This Essay will proceed in the following steps. First, I want to propose a preliminary definition of legal change. As I hope to make clear, there are technical and non-technical dimensions to the definition. Second, I want to offer a preliminary definition of social change and social movements. Third, I want to build on the analysis of the late Professor Thomas Stoddard in which he sketched out a relationship between what he calls "rule shifting" and "culture shifting."' Finally, I want to describe what Professor Lani Guinier and I have come to call "demosprudence." I appreciate that it is not …
The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton
The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton
Articles
No abstract provided.