Law and Society Commons^™

Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Law School News: Roger Williams University School Of Law Receives Historic $4 Million Gift From Mark Mandell To Establish Premier Trial Advocacy Center 4-9-2026, Hillary Lima, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Beyond Capitalist Law: A Commentary On Katharina Pistor, The Law Of Capitalism And How To Transform It, Martijn W. Hesselink

University of Miami Law Review

In her powerful new book, Katharina Pistor, grounded in the argument that capitalism is a legal regime, outlines a pathway beyond capitalist law: the transformation of private law in accordance with constitutional principles and the human capabilities approach. This short essay questions whether existing constitutions and the capabilities approach have the normative resources to overcome capitalism. Given existing corporate power entrenched in private rights, the paper also wonders who could be effective and legitimate agents of change able to transform private law into post-capitalist law. It suggests that nothing less than a revolution is needed to overcome capitalist private law …

How To Transform Capitalism Through Law, Katharina Pistor

University of Miami Law Review

This essay is based on the presentation of my book, The Law of Capitalism and How to Transform It, at the University of Miami Law School on October 14, 2025. I am grateful for the opportunity to share a summary of this work in the University of Miami Law Review and to my colleagues Ingo Venzke and Martijn Hesselink, who were kind enough to offer their thoughts on it for this mini symposium.

It’S A Lawyers’ World!: A Commentary On Katharina Pistor, The Law Of Capitalism And How To Transform It, Ingo Venzke

University of Miami Law Review

Affirming Katharina Pistor’s significant contributions to understanding law’s centrality in capitalism, this commentary explores the tension between law’s stabilizing function and its potential for change. Regarding the drivers of change, the commentary highlights an unexpected, unspoken love for lawyers. Those “masters of the code of capital” have made the law into what it is today, and now they should remake it. Could they, even if they wanted to? What would that something else be? By freeing herself from the binary choice between capitalism and socialism, Pistor inevitably raises the question of what socioeconomic system will emerge instead. If The Code …

Gender-Based Violence And Botswana's Constitutional Failure To Protect Women's Rights, Cameron Mcdonald

Immigration and Human Rights Law Review

Gender-based violence (“GBV”) remains a pervasive human rights issue throughout Botswana. When it comes to gender equality, Botswana’s dual constitutional and customary legal system is a paradox. Despite its commitment to equality and nondiscrimination, Botswana’s Constitution allows customary courts to discriminate freely to preserve traditional practices that disadvantage women. These traditional practices affect women’s right to property, inheritance, marriage, legal representation, and personal safety. Customary law continues to constrain women’s right to economic autonomy and access to justice, leaving many women dependent on the men who abuse them. As a result, many Batswana women experience structural discrimination in both their …

The Myth Of The Immigrant As A Criminal: Rhetoric, Otherness, And The Legal Construction Of Danger, Katerina Fernandez

Immigration and Human Rights Law Review

The figure of the “criminal immigrant” occupies a central place in contemporary U.S. immigration discourse, shaping public perception, enforcement priorities, and legal doctrine. Yet a substantial body of empirical research consistently demonstrates that immigrants—both documented and undocumented—commit crimes at lower rates than native-born citizens. This Note examines why the narrative of immigrant criminality persists despite this evidence and how it influences the development and operation of immigration law. It argues that “immigrant” functions not only as a legal category but also as a socially constructed marker of Otherness, encompassing perceived differences in race, language, culture, and religion. Through this lens, …

Protecting Cultural Personality, J. Janewa Osei-Tutu

Articles

When companies use cultural symbols or cultural heritage from an indigenous or local community without their knowledge or permission, it can lead to claims of cultural appropriation, particularly in the fashion industry. Yet, the law provides little to no remedy. Trademarks and geographical indications can be used to protect collective cultural identities. However, these intellectual property laws are not helpful if the affected cultural group has not commercialized its identity by offering goods or services to the public. This Article contributes to the literature by theorizing a dignitary-based intellectual property model for protecting cultural identities. It draws on the U.S. …

Using State Sentencing Enhancements To Protect Journalists From Physical Assault, Anthony L. Fargo

Villanova Law Review (1956 - )

No abstract provided.

(Mis)Judging Suspicion, Sherri Lee Keene

Georgetown Law Faculty Publications and Other Works

Twenty-five years ago, the Supreme Court decided Illinois v. Wardlow, a Fourth Amendment case that allowed the high-crime nature of a location to be considered in determinations of whether there was reasonable suspicion to support a police stop. In making these determinations, courts rarely acknowledge the role that race can play in decisions that factor in the nature of a location as context. Yet even when the race of a defendant is not mentioned, high-crime area designations can act as a proxy for race inviting racial bias into courts’ analyses. Reasonable suspicion analysis involves the interpretation of a suspect’s …

The Hidden Power Of Citizenship: Political Identity In The Twilight Zone Of Equal Protection, Charles J. Anderson

Indiana Law Journal

More than half a century ago, in the landmark case of Graham v. Richardson, the Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits state-level blanket exclusions of noncitizens. That case ushered in a new rule: State classifications based on alienage are “inherently suspect” and subject to strict scrutiny. But Graham’s rule has a major exception. Just a few years after Graham was decided, the Court upheld several state laws excluding noncitizens from working as police officers, public school teachers, and probation officers. So was created what would later be termed “political function” doctrine. …

Rethinking Objectivity: The Problem Of Pretext In The Fourth Amendment, Monu S. Bedi

Indiana Law Journal

Pretextual encounters continue to erode the legitimacy of the Supreme Court’s Fourth Amendment jurisprudence. Simply put, a police officer can act on personal bias or animus as long as the search or seizure is deemed “objectively reasonable.” Numerous scholars (e.g., Bennett Capers, Gabriel Chin, and David Harris) have critiqued this objective standard, contending it perpetuates discriminatory practices, particularly against communities of color. The late Justice Ruth Bader Ginsburg herself suggested that the Court might need to reconsider the legal precedent she helped establish. More recently, Orin Kerr has also argued that the Court’s reliance on objective determinations is inconsistent with …

The Addison C. Harris Lecture: Intellectual Diversity Mandates And The Freedom To Teach, Keith E. Whittington

Indiana Law Journal

This Essay provides the first examination of the Indiana Senate Bill 202, which was adopted into law in the spring of 2024. The new law imposes an “intellectual diversity” mandate on public university classroom teaching in the state. The law is novel in its approach but is part of a larger movement to intercede in what is taught in university classrooms. The intellectual diversity mandate raises difficult and unexamined conceptual, normative, and practical problems that will now demand attention from university officials in Indiana and that might soon confront university administrators in other states across the country if the Indiana …

The Plight Of Workers: Alj Independence In Arkansas Workers’ Compensation, P. Brock Hatfield

Indiana Law Journal

“Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers’ Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers’ compensation statutes of this state. . . . In the future, if [changes must be made to Arkansas workers’ compensation law], those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers’ Compensation Commission, or the courts.”¹It would be hard to imagine a blunter statement of purpose to undermine the independence of administrative law …

Encampments And Property Law, Terry Skolnik

Indiana Law Journal

Although encampments have become increasingly common, they remain under-theorized, especially in the field of property law. Homeless encampments are ubiquitous in many cities. Social movements—such as Occupy Wall Street, the Freedom Convoy Movement, and college campus protests related to the war in Gaza—involve encampments that aim to catalyze social change. Yet surprisingly, legal scholars have devoted relatively little attention to encampments. This is a major oversight. Encampments matter for a range of moral, philosophical, and legal reasons that are hiding in plain sight and generate important theoretical and practical consequences that require deeper scrutiny.

This Article aims to fill this …

Representation In Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Indiana Law Journal

Millions of immigrants in the United States are facing threats of mass deportation under the second Trump Administration. At the same time, the Administration has sought to end federal programs aimed at providing basic information and guidance to immigrants in removal proceedings. In addition, large numbers of immigration judges have been fired from immigration courts that already face massive backlogs. Amidst these upheavals, deportation defense lawyers have come to occupy a more central role than ever in ensuring fairness and due process in immigration courts. Are certain groups of immigrants more likely to obtain legal representation than others? Among those …

Systemically Valuable Transaction Costs, Mitchell C. Johnston

Indiana Law Journal

Ronald Coase’s famous theorem tells us that in a world without transaction costs, legal entitlements would be distributed efficiently. It is often treated as a corollary of the Coase Theorem that reductions in transaction costs generate increases in welfare as barriers to efficiency-increasing transactions fall. To be sure, not all voluntary transactions are efficiency increasing (for example, some transactions create negative externalities). In such cases, scholars have noted that transaction costs may inhibit socially inefficient transactions. But the situation is more complex. Drawing on ideas from systems theory, this Article advances a more complete theory of when transaction costs support …

Why Capitalism Needs Democracy And Democracy Needs Capitalism, Luigi Zingales

Fordham Law Review

No abstract provided.

Aligning Reparations And Taxation, Katherine Pratt

William & Mary Journal of Race, Gender, and Social Justice

Rehabilitative reparation remedies advance the important normative goals of intergenerational restorative justice and racial reconciliation. This Article fills a gap in the reparations literature by exploring a critical missing piece of reparations—nontaxation of reparation remedies. Historical examples of reparation remedies show how, in the past, a patchwork of tax rules prevented taxation of reparations and advanced the rehabilitative goals of reparation remedies and procedural fairness in tax administration. Conversely, contemporary examples show how current tax law taxes the receipt of reparation remedies, thereby undermining the rehabilitative goals of reparations and procedural fairness.

This Article proposes a new statutory tax exclusion …

Antitrust, Vampires And Bloody Acquisitions, Theodosia Stavroulaki

Fordham Law Review

Private equity has rapidly seized control of large swaths of the U.S. healthcare system. This Essay argues that its takeover is not a story of efficiency or innovation but one of extraction. Drawing on a substantial body of research, it shows that private equity acquisitions are associated with rising healthcare costs, inferior care, reduced access to essential services, and deteriorating working conditions for physicians and nurses—harms that fall most heavily on marginalized communities.

These outcomes are not accidental. They stem from the private equity business model, which relies on leveraged buyouts, aggressive cost cutting, and roll-up strategies designed to generate …

The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman

Fordham Law Review

No abstract provided.

Foreword To Shifting Shores, Shifting Populations: Climate Migration And Coastal Resilience, Emma Herber

William & Mary Environmental Law and Policy Review

This is a brief foreword to the Symposium issue of the fiftieth anniversary volume of William & Mary's Environmental Law & Policy Review. It discusses the choice of the issue's theme—Shifting Shores, Shifting Populations: Climate Migration and Coastal Resilience—and the future for the journal and the students who staff it.

This abstract has been drawn from the article.

Social Murder, Marissa Jackson Sow

Washington and Lee Law Review

In recent years, variations on Engels’s concept of social murder have been adopted into British legal and sociological lexicons to conceptualize the state’s reckless sacrifices of its most vulnerable populations—people deemed socially undesirable, legally undeserving, and economically redundant. The state allows these populations to die a multitude of deaths by failing to protect them; notably, victims of social murder are relegated to society’s underclasses, if not completely excluded from the body politic, before they are physically eliminated. Social murder is neither genocide nor ethnic cleansing; instead, social murder captures the elimination of groups of people via atrocious events for which …

Drug War Repair Guarantees, Amber Baylor

Washington and Lee Law Review

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Religious Minorities And Secular Rights, Joshua C. Mcdaniel

Washington and Lee Law Review

When religious claimants sue to protect their ability to practice their faith, they often invoke legal guarantees that specifically protect religious exercise. Yet historically—and still today—they also rely on secular guarantees like freedom of speech or equal protection. And their victories on these grounds set precedents not just for believers but for everyone. As a result, many rights we now take for granted stem from religious minorities pressing for the ability to preach, proselytize, and publish their religious views. No account of free speech law would be complete, for instance, without considering the pathbreaking decisions won by Jehovah’s Witnesses.

Although …

2025 Martin Luther King, Jr. Keynote Lecture, Madiba Dennie

Villanova Law Review (1956 - )

No abstract provided.

The View From The Bar: How Media Lawyers Perceive Their Work, Jonathan Peters, Skylar Bandoly

Villanova Law Review (1956 - )

No abstract provided.

Remarks From Environmental Law And Policy Review'S Fiftieth Anniversary Celebration

William & Mary Environmental Law and Policy Review

Volume 50 is a milestone for the William & Mary Environmental Law and Policy Review. To that end, on March 20, 2026, the eve of our Symposium, ELPR staff members, alumni, and supporters gathered to celebrate ELPR’s 50th year of scholarship. Hayden Miller, Professor Jonathan Adler, and Jeffrey Regner delivered remarks at the event. Additionally, Professor Lynda Butler, ELPR’s Faculty Advisor from its conception through Volume 49, prepared remarks. This article contains excerpts from the remarks given.

Not Just A Castle In The Sky: A Legal Remedy For Race-Based Takings In Virginia, Michaela R. Hill

William & Mary Law Review

Part I will address federal and state statutes and case law surrounding physical takings and the eminent domain power. Part I will also discuss Virginia’s history of racial discrimination in housing, the Shoe Lane Community in Newport News, and CNU’s expansion into the neighborhood for the elimination of blight. Part II will present the first prong of this Note’s three-pronged approach to correcting Virginia’s abuse of its eminent domain power to take residential properties: adopting stricter statutory blight standards. Part III will present the second prong: a new formula for calculating increased just compensation. Part IV will outline the third …

How To Transform Capitalism Through Law, Katharina Pistor

Faculty Scholarship

This essay is based on the presentation of my book, The Law of Capitalism and How to Transform It, at the University of Miami Law School on October 14, 2025. I am grateful for the opportunity to share a summary of this work in the University of Miami Law Review and to my colleagues Ingo Venzke and Martijn Hesselink, who were kind enough to offer their thoughts on it for this mini symposium.