Law and Society Commons^™

Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold

St. Mary's Law Journal

In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …

Between National And Post-National: Membership In The United States, T. Alexander Aleinikoff

Michigan Journal of Race and Law

This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based on territorialist rationales. For these reasons, the author suggests that denizenship is a more appropriate way of viewing the American citizenship model, and is one that explains how notions of personal identity can be transnational while still justifiable within traditional nation-state constructs.

The Content Of Our Characterizations, Paulette M. Cladwell

Michigan Journal of Race and Law

This essay suggests both further amplification of Yamamoto's guidelines for critical race praxis and, more importantly, recommends their application to the analysis and development of progressive race theory itself.

Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Change

Michigan Journal of Race and Law

Review of Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America by Eric Yamamoto

Beyond The Rhetoric Of "Dirty Laundry": Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

Michigan Journal of Race and Law

Part I of this Article discusses examples of resistance to internal criticism within progressive social movements in order to demonstrate the extent to which such opposition operates as a barrier to constructive dissent. Part II argues that resistance to internal criticism may often result from the embrace of heterosexism, patriarchy, and racism within oppressed communities and among progressive intellectuals, and that any remaining explanations for such resistance are outweighed by the value of internal criticism to progressive theory and politics. Part III offers suggestions-to both internal critics and to the objects of their critiques-for minimizing the potentially negative effects of …

Expert Report Of Thomas J. Sugrue, Thomas J. Sugrue

Michigan Journal of Race and Law

At the end of the twentieth century, the United States is a remarkably diverse society. It grows more diverse by the day, transformed by an enormous influx of immigrants from Latin America, the Caribbean, Africa, and Asia. In an increasingly global economy, Americans are coming into contact with others of different cultures to an extent seen only in times of world war. Yet amidst this diversity remains great division. When the young black academic W.E.B. DuBois looked out onto America in 1903, he memorably proclaimed that "the problem of the twentieth century is the problem of the color line." Over …

Expert Report Of Albert M. Camarillo, Albert M. Camarillo

Michigan Journal of Race and Law

At the request of attorneys with Wilmer, Cutler & Pickering, the author has prepared this report which outlines the historical patterns and legacies of racial isolation and separation of Hispanics in American society. The research is based on archival collections, syntheses of secondary literature, and other primary sources such as U.S. government reports including Bureau of the Census population reports. Based on the author’s knowledge and research, this report outlines the historical developments that resulted in patterns of racial exclusion and isolation of Hispanics in the states and cities where they have settled since 1900. In particular, this report will …

Expert Report Of Claude M. Steele, Claude M. Steele

Michigan Journal of Race and Law

Report based on 25-year period of research in the areas of social psychology, the social psychology of race and race relations, and the effects of race on standardized test performance.

Introduction, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

The last Supreme Court decision addressing the use of race in admissions to institutions of higher education, Bakke v. Regents of the University of California, affirmed that the role of diversity in colleges and universities is both essential and compelling. Since Bakke, opponents and proponents have wrestled with ideology and theory, but have never had the benefit of a comprehensive theoretical framework that has been tested by reliable empirical data. The University of Michigan has drawn on several of the nation's leading, and most respected, researchers and scholars, to develop such a framework and verify its legitimacy with …

Expert Report Of Eric Foner, Eric Foner

Michigan Journal of Race and Law

Race has been a crucial line of division in American society since the settlement of the American colonies in the beginning of the 17th century. It remains so today. While the American understanding of the concept of "race" has changed over time, the history of African-Americans provides a useful template for understanding the history of race relations. The black experience has affected how other racial minorities have been treated in our history, and illuminates the ways in which America's white majority has viewed racial difference.

Expert Report Of William G. Bowen, William G. Bowen

Michigan Journal of Race and Law

Higher education plays a unique role in our society. The obligation of a university is to the society at large over the long run, and, even more generally, to the pursuit of learning. Although this may seem amorphous, there is no escaping a university's obligation to try to serve the long-term interests of society defined in the broadest and least parochial terms, and to do so through two principal activities: advancing knowledge and educating students who will in turn serve others, within this nation and beyond it, both through their specific vocations and as citizens. Universities therefore are responsible for …

Expert Report Of Patricia Gurin, Patricia Gurin

Michigan Journal of Race and Law

A racially and ethnically diverse university student body has far-ranging and significant benefits for all students, non-minorities and minorities alike. Students learn better in a diverse educational environment, and they are better prepared to become active participants in our pluralistic, democratic society once they leave such a setting. In fact, patterns of racial segregation and separation historically rooted in our national life can be broken by diversity experiences in higher education. This Report describes the strong evidence supporting these conclusions derived from three parallel empirical analyses of university students, as well as from existing social science theory and research.

Expert Report Of Kinley Larntz, Ph.D., Kinley Larntz

Michigan Journal of Race and Law

While working in this matter, the author undertook the task of analyzing the statistical relationship between law school acceptance and ethnicity. In particular, focusing on the strength of the relationship between law school acceptance and being a member of certain ethnic groups, controlling for qualifications for admission such as undergraduate grade point average, Law School Admission Test score, and selection index, and for other factors such as residency in the State of Michigan, gender, and a measure of economic disadvantage, waiver of the fee for application.

Critical Race Theory – The Last Voyage, Dan Subotnik

Scholarly Works

No abstract provided.

Juvenile Crime And Punishment: An Analysis Of The "Get Tough" Approach, Shannon F. Mclatchey

University of Florida Journal of Law & Public Policy

The purpose of this note is to explore the current state of the juvenile justice system and its “get tough on juvenile crime” approach, as well as some alternatives to the current system. Part II examines the history of the juvenile court, the philosophy behind the creation of a separate system for juvenile offenders, and two U.S. Supreme Court cases that altered the nature of the juvenile court. Part III utilizes recent cases to illustrate the methods by which juveniles are transferred to adult court. Part IV discusses the problems and controversies surrounding transfer of juveniles to adult court. Part …

Law Day 2050: Post-Professinalism, Moral Leadership, And The Law-As-Business Paradigm Symposium, Russell G. Pearce

Faculty Scholarship

Inspired by Ted Schneyer's future history of professional discipline' and Bob Gordon's descrption of "the hazy aspirational world" of the "Law Day Sermon,' I offer a vision of the legal profession 'a next fifty years in the form of a Law Day speech from the year 2050. Looking back on developments in the first half of the twenty-first century, this piece explores the implications of the analysis proposed in my earlier article, The Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar. The speech presents a projection of the moral leadership the bar …

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article, a third in a series of related works, explores the representation of sexual identity within Critical Race Theory and other forms of anti-racist discourse. I argue, after examining representative texts, that anti-racist discourse is often "heteronormative" -- or centered around heterosexual experiences. Most commonly, anti-racist heteronormativity occurs when scholars and activists in the field fail to analyze the homophobic dimensions of acts or conditions of racial inequality and when they dismiss, either implicitly or explicitly, the "morality" of gay and lesbian equality claims. This Article recommends that scholars in Critical Race Theory and related fields adopt a more …

Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton

Articles

Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …

Swingers: Morality Legislation And The Limits Of State Police Power, Raymond Ku

St. Thomas Law Review

This article examines whether Florida can legitimately convict the swingers pursuant to the Florida Constitution specifically, and principles of constitutional law in general, and concludes that it cannot. In so doing, this article does not attempt to define privacy or to provide a taxonomy of activities that fall within its reach, which has been done quite thoroughly by others. The swingers' conduct clearly falls within what scholars have characterized as the right to sexual autonomy, personhood and freedom of association. However, rather than simply reiterating what those authors have said and applying it to the novel facts of this case, …

How To Do Things With Hegel, David G. Carlson

Articles

The article argues that contract is not merely a tool for pre-existing personalities but is instead constitutive of personality itself. It challenges the conventional view that personality exists prior to law, instead positing that contract is necessary for the emergence and recognition of personality. The author contends that contract is foundational to legal and personal identity, as it establishes mutual recognition and rights between individuals.

1999 (Undated), Ifc, Historical Summary Leading To Cao, Annex A, Cao

CAO General 1999-Present

No abstract provided.

Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:

Faculty Scholarship

The author presents a fictional conversation among Lawrence J. Fox, other noted legal scholars, and himself concerning the ethics and changes in the legal profession.

Calling To Account, Stephen Ellmann

Other Publications

No abstract provided.

The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph

St. Mary's Law Journal

The most effective response to the U.S. Supreme Court’s construction of Article III standards will be to revise citizen suit statutes to reaffirm its important role in giving the injured citizen a voice against the administrative state. With the rise of the administrative state in the late 1930s and 40s, the Court developed a conservative doctrine of standing to protect New Deal legislation from court-based attacks. As individual constitutional rights expanded, standing rules were liberalized, allowing litigants to challenge the actions and decisions of administrative agencies more easily. Congress passed numerous environmental statutes containing “citizen suit” provisions in the 1960s …

The Limits Of Social Norms, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Who Authors Trademarks, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Pro Bono Service At The William S. Boyd School Of Law, Mary E. Berkheiser, Christine Smith

Scholarly Works

The mission of the William S. Boyd School of Law is to serve Nevada, and the legal and academic communities by developing and maintaining an innovative educational program that will train ethical and effective lawyers and leaders for Nevada and for the legal profession. To put the school’s mission in motion, we have begun by stressing community service, professionalism and the roles, responsibilities, skills and values of lawyers, and by involving students and faculty in community service projects in ways that will benefit our state.

Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos

Scholarly Works

The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …

Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud

Faculty Articles

This article aims at an examination of the colonial career of the modern construction of race and its traces in post-coloniality. It locates race in regimes of legality and illegality attendant to British colonial rule over India to underscore the defining role of colonialism in modern constructions of race. The first part recounts the modern grammar of racial difference rooted in the colonial encounter between modern Europe and its colonies. The second part identifies three specific sites of deployment of colonial racial stereotypes in colonial India, namely, "martial races," "criminal tribes," and indentured labor. The last part traces the shadow …

Humanities And The Law: A Kinship Of Performance, James Boyd White

Articles

The following essay is adapted from “A Visiting Scholar Considers The Law and the Humanities”, which appeared in The Key Reporter of Phi Beta Kappa in summer 1998 as a partial report of the author’s year as a Phi Beta Kappa Visiting Scholar. The selection here is a summary of a lecture the author delivered during his travels to eight colleges and universities throughout the United States.