Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

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 …


Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin Jun 2015

Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin

Kim D. Chanbonpin

In the same moment that law schools are embracing neoliberal strategies in response to the economic crisis caused by declining admissions, students in the classroom have begun to agitate for advance content notices (or “trigger warnings”) to alert them to any potentially trauma-inducing course materials. For faculty who have already adopted a defensive posture in response to threats to eliminate tenure, this demand feels like an additional assault on academic freedom; one that reflects a distressing student-as-consumer mentality. From this vantage point, students are too easily cast as another group of adversaries when, in actuality, students are straw targets who …


Adaptive Law In The Anthropocene, Shalanda H. Baker Apr 2015

Adaptive Law In The Anthropocene, Shalanda H. Baker

Chicago-Kent Law Review

The sky has fallen. We are now firmly rooted in a new epoch scientists have named the Anthropocene, where the activities of humans will most certainly negatively impact the trajectory of Earth and its inhabitants. What the Anthropocene fully holds is uncertain, but there are a few clues. The global ecology is shifting. The oceans are dying. The planet is getting hotter and drier, and its storms increasingly volatile.

Amidst this changing climate is evidence of a failed approach to economic development in the Global South. Globally, the poor are becoming poorer. Inequality reigns as the global economy shrinks. This …


Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin Apr 2015

Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin

Chicago-Kent Law Review

In the same moment that law schools are embracing neoliberal strategies in response to the economic crisis caused by declining admissions, students in the classroom have begun to agitate for advance content notices (or “trigger warnings”) to alert them to any potentially trauma-inducing course materials. For faculty who have already adopted a defensive posture in response to threats to eliminate tenure, this demand feels like an additional assault on academic freedom; one that reflects a distressing student-as-consumer mentality. From this vantage point, students are too easily cast as another group of adversaries when, in actuality, students are straw targets who …


The Zombie First Amendment, Julie E. Cohen Mar 2015

The Zombie First Amendment, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Scholarly and popular critiques of contemporary free speech jurisprudence have noted an attitude of unquestioning deference to the political power of money. Rather than sheltering the ability to speak truth to power, they have lamented, the contemporary first amendment shelters power’s ability to make and propagate its own truth. This essay relates developments in recent first amendment jurisprudence to a larger struggle now underway to shape the distribution of information power in the era of informational capitalism. In particular, it argues that cases about political speech — cases that lie at the first amendment’s traditional core — tell only a …


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 …


Framing Elite Consensus, Ideology And Theory And A Classcrits Response, Athena D. Mutua Jan 2015

Framing Elite Consensus, Ideology And Theory And A Classcrits Response, Athena D. Mutua

Journal Articles

This short paper, really a thought piece, builds upon the examination begun in the Foreword of the ClassCrits VI Symposium which sought to outline a ClassCrits critique of neoclassical economic principles. It argues that neoliberal practices, theory and ideology, built on the scaffold of neoclassical economic ideas, frame an elite consensus that makes elites feel good but which are ethically, intellectually, and structurally problematic for the social well-being of most Americans. It does so, in part, by chronicling a number of recent practices of large corporations, including for example, the practice of inversion. Again, this paper takes as its specific …


Book Review: The End Of Laissez-Faire? On The Durability Of Embedded Neoliberalism, Timothy Dimuzio Jan 2015

Book Review: The End Of Laissez-Faire? On The Durability Of Embedded Neoliberalism, Timothy Dimuzio

Faculty of Law, Humanities and the Arts - Papers (Archive)

On the heels of the global financial crisis, many on the left of the political spectrum anticipated the end of neoliberalism. The financial and economic crisis—global in scope—had supposedly discredited over two decades of neoliberal rule. The massive state interventions required to curtail the worst vagaries of the crisis demonstrated to everyone paying even the remotest attention that deregulated markets are unstable, that bankers cannot be trusted with increasing the money supply and that government intervention could help steer the economy in a more positive direction should politicians be willing. Moreover, the aftermath of the crisis spawned the worldwide Occupy …


Moving Forward/Looking Back: Reclaiming And Revising Our Feminist Past And Searching For Solidarity, Cassandra Denise Fetters Jan 2015

Moving Forward/Looking Back: Reclaiming And Revising Our Feminist Past And Searching For Solidarity, Cassandra Denise Fetters

Journal of Feminist Scholarship

Interweaving personal anecdotes, feminist theory, and literary and popular culture references, this article attempts to provide answers to the question of how we build a social movement and establish solidarity among women while still recognizing and respecting difference. The article traces historical accounts of feminists contending with the “difference impasse” and argues that we should return to and revise the feminist thought that preceded us, weaving together theories from our feminist past with contemporary models, including those of feminist psychoanalyst Jessica Benjamin and her ideas of “mutual recognition” and intersubjectivity. Drawing on fictional accounts from literature by women writers, the …


“El No Murio, El Se Multiplico!” Hugo Chávez : The Leadership And The Legacy On Race, Cynthia Ann Mckinney Jan 2015

“El No Murio, El Se Multiplico!” Hugo Chávez : The Leadership And The Legacy On Race, Cynthia Ann Mckinney

Antioch University Full-Text Dissertations & Theses

“Chávez, Chávez, Chávez: Chávez no murio, se multiplico!” was the chant outside the National Assembly building after several days of mourning the death of the first President of the Bolivarian Republic of Venezuela. This study investigates the leadership of Hugo Chávez and his legacy on race as seen through the eyes and experiences of selected interviewees and his legacy on race. The interviewees were selected based on familiarity with the person and policies of the leadership of Hugo Chávez and his legacy on race. Unfortunately, not much has been written about this aspect of Hugo Chávez despite the myriad attempts …