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Full-Text Articles in Law

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian Nov 2015

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii Jun 2015

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

School of Law Faculty Publications

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and …


Democracy Means That The People Make The Law, Gerald Torres Feb 2015

Democracy Means That The People Make The Law, Gerald Torres

Gerald Torres

Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii Feb 2015

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

Harold A. McDougall III

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and …


“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer Jan 2015

“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer

David Barnhizer

Mao’s Red Guards and the “Wicked Wisdom” of Lesley Gore There could not possibly be any parallel between the actions of Mao Tse Tung’s young Red Guard zealots and the intensifying demands of identity groups that all people must conform to their version of approved linguistic expression or in effect be condemned as “reactionaries” and “counter-revolutionaries” who are clearly “on the wrong side of history”. Nor, in demanding that they be allowed to effectively take over the university and its curriculum while staffing faculty and administrative positions with people who think like them while others are subjected to “re-education” sessions …


Bridging The Gap Between Unmet Legal Needs And An Oversupply Of Lawyers: Creating Neighborhood Law Offices - The Philadelphia Experiment, Jules Lobel, Matthew Chapman Jan 2015

Bridging The Gap Between Unmet Legal Needs And An Oversupply Of Lawyers: Creating Neighborhood Law Offices - The Philadelphia Experiment, Jules Lobel, Matthew Chapman

Articles

In the United States there is, simultaneously, an abundance of unemployed lawyers and a significant unmet need for legal care among middle-class households. This unfortunate paradox is protected by ideological, cultural, and practical paradigms both inside the legal community and out. These paradigms include the legal chase for prestige, the consumer’s inability to recognize a legal need, and the growing mountain of debt new lawyers enter the profession with. This article will discuss a very successful National Lawyers Guild experiment from 1930s-era Philadelphia that addressed a similar situation, in a time with similar paradigms, by emphasizing community-connected lawyering. That is, …


"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt Jan 2015

"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt

Journal Publications

This polemical essay was written at the behest of Black men and youth, and it is dedicated to African American women who relentlessly fight to safeguard the rights and well-being of Black men, even when in the process their maltreatment and welfare are grossly overlooked and forgotten. Bree Newsome's courageous and necessary removal of the confederate flag in the South Carolina State House is a prime example of such fearless activism. Joanne Deborah Chesimard aka Assata Shakur's-a former leader of the revolutionary organization known as the Black Liberation Armyascendency to the FBI's Most Wanted Terrorist list is another tragically intoxicating …