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Articles 1 - 12 of 12
Full-Text Articles in Law
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Koritha Mitchell
The more I learn about the violence currently plaguing LGBT communities, the more it reminds me of the brutal practice of lynching, which has been the focus my research for the past 15 years. Ultimately, both forms of violence are designed to deny targeted groups recognition as citizens. Relying on my expertise regarding racial violence as well as the data on anti-LGBT attacks collected by the National Coalition of Anti-Violence Programs (NCAVP), this essay notes similarities between lynching at the last turn of the century and anti-LGBT violence today. The piece identifies five parallels: 1) the mundane quality of the …
Activism, Attitudes, And The Citation Of Precedent In Supreme Court Opinions, Robert R. Robinson
Activism, Attitudes, And The Citation Of Precedent In Supreme Court Opinions, Robert R. Robinson
Robert R Robinson
Adherence to precedent provides a legitimizing function for judges. Recent scholarship supports this contention, demonstrating that Supreme Court justices are more likely to cite well-grounded precedent when their opinions face greater scrutiny. In this paper, I continue this line of research by examining whether citation practice varies along individual-level characteristics such as judicial ideology, a propensity for activism, judicial background, and judicial roles. I find that most individual-level factors have little or no impact on how justices ground their opinions in prior precedent, with the exception of judicial activism, which has a moderate negative impact on the centrality of the …
Leadership On The Federal Bench: The Craft And Activism Of Jack Weinstein, Jeffrey Morris
Leadership On The Federal Bench: The Craft And Activism Of Jack Weinstein, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.
Hyperactive Judges: An Empirical Study Of Judge-Dependent "Judicial Hyperactivity" In The Federal Circuit, Ted L. Field
Hyperactive Judges: An Empirical Study Of Judge-Dependent "Judicial Hyperactivity" In The Federal Circuit, Ted L. Field
Ted L. Field
This article presents an empirical study of the extent to which individual judges of the U.S. Court of Appeals for the Federal Circuit—which has exclusive jurisdiction over patent appeals—engage in what William C. Rooklidge and Matthew F. Weil call “judicial hyperactivity.” This article defines “judicial hyperactivity” as a form of judicial activism in which a judge improperly “elevate[s] his or her judgment above that of another constitutionally significant actor (e.g., Congress, the President, [or] other Article III courts),” where this improper behavior is not necessarily driven by politics or ideology as is traditional judicial activism. This study considers the extent …
Activism, Attitudes, And The Citation Of Precedent In Supreme Court Opinions, Robert R. Robinson
Activism, Attitudes, And The Citation Of Precedent In Supreme Court Opinions, Robert R. Robinson
Robert R Robinson
Adherence to precedent provides a legitimizing function for judges. Recent scholarship supports this contention, demonstrating that Supreme Court justices are more likely to cite well-grounded precedent when their opinions face greater scrutiny. In this paper, I continue this line of research by examining whether citation practice varies along individual-level characteristics such as judicial ideology, a propensity for activism, judicial background, and judicial roles. I find that most individual-level factors have little or no impact on how justices ground their opinions in prior precedent, with the exception of judicial activism, which has a moderate negative impact on the centrality of the …
Combining Academia And Activism: Common Obstacles And Useful Tools, Michael G. Flood, Brian Martin, Tanja Dreher
Combining Academia And Activism: Common Obstacles And Useful Tools, Michael G. Flood, Brian Martin, Tanja Dreher
Faculty of Law, Humanities and the Arts - Papers (Archive)
Academics who engage in activism face a series of challenges and obstacles, including attacks, threats to security and advancement, output expectations, disciplinary pressures, epistemological expectations and peer influences. Practical means — a toolkit of strategies — can be used to overcome or mitigate these obstacles.
Hpv Vaccines And Cancer Prevention, Science Versus Activism, Lucija Tomljenovic, Roslyn Judith Wilyman, Eva Vanamee, Christopher A. Shaw
Hpv Vaccines And Cancer Prevention, Science Versus Activism, Lucija Tomljenovic, Roslyn Judith Wilyman, Eva Vanamee, Christopher A. Shaw
Faculty of Law, Humanities and the Arts - Papers (Archive)
The rationale behind current worldwide human papilloma virus (HPV) vaccination programs starts from two basic premises, 1) that HPV vaccines will prevent cervical cancers and save lives and, 2) have no risk of serious side effects. Therefore, efforts should be made to get as many pre-adolescent girls vaccinated in order to decrease the burden of cervical cancer. Careful analysis of HPV vaccine pre- and post-licensure data shows however that both of these premises are at odds with factual evidence and are largely derived from significant misinterpretation of available data
Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig
Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig
Articles
This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities in …
Academics And Activism: Stephen Hawking And The Israel Boycott, Brian Martin
Academics And Activism: Stephen Hawking And The Israel Boycott, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
The news that famous physicist Stephen Hawking has decided to join the academic boycott of Israel has generated publicity and heated commentary. To better understand this controversy, it is useful to look at two contexts: boycotts as a form of nonviolent action, and academics as activists.
Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Kayal, Rebecca Tushnet
Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Kayal, Rebecca Tushnet
Faculty Articles
No abstract provided.
A Pox On Both Your Houses, Suzanna Sherry
A Pox On Both Your Houses, Suzanna Sherry
Vanderbilt Law School Faculty Publications
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie doctrine and between it and the Federal Rules of Civil Procedure. The Court’s latest Erie decision, Shady Grove, was yet another attempt to separate substance from procedure and navigate the strait between the Rules of Decision Act and the Rules Enabling Act. It was a disaster, in large part because of the internal incoherence of the Erie doctrine itself and …
Parsing Judicial Activism, Scott Dodson
Parsing Judicial Activism, Scott Dodson
Scott Dodson
This microsymposium contribution responds to Suzanna Sherry's paper "Why We Need More Judicial Activism" and offers a heuristic--what I call libertarian activism--for distinguishing activism that reduces governmental power from activism that enhances governmental power.