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Full-Text Articles in Law and Society

Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger Apr 2015

Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger

Michigan Law Review

Scholarship and popular writing about lawsuits seeking broad social change have been nearly as contentious as the litigation itself. In a normative mode, commentators on the right have long attacked change litigation as imperialist and ill informed, besides producing bad outcomes. Attacks from the left have likewise had both prescriptive and positive strands, arguing that civil rights litigation is “subordinating, legitimating, and alienating.” As one author recently summarized in this Law Review, these observers claim “that rights litigation is a waste of time, both because it is not actually successful in achieving social change and because it detracts attention and …

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Reviving Fiscal Citizenship, Ajay K. Mehrotra Apr 2015

Reviving Fiscal Citizenship, Ajay K. Mehrotra

Michigan Law Review

April 15 is a day that most Americans dread. That date is, of course, when federal and nearly all state-level individual income tax returns are due. Agonizing over the filing of income tax returns has long been a perennial part of modern American legal culture. Since the mid-1940s, when the United States first adopted a return-based mass income tax, the vast majority of Americans have been legally required to file an annual Form 1040. Over the years, taxpayers have been complaining about, procrastinating over, and generally loathing the filing of their annual tax returns. Indeed, in recent times, April 15 …

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Flourishing Rights, Wendy A. Bach Apr 2015

Flourishing Rights, Wendy A. Bach

Michigan Law Review

There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade a wide …

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The Jury As Democracy, Jenny E. Carroll Apr 2015

The Jury As Democracy, Jenny E. Carroll

Faculty Scholarship

Almost from the moment the law is set to paper, it is shaped and refined through acts of interpretation and discretion. Police and prosecutors choose which cases to investigate, which to charge and how to charge them. Judges make decisions every day that affect the outcome of cases. These acts of interpretation and discretion are driven by the perspectives of those empowered to make them. All too frequently, they reinforce existing power dynamics. But there are other realms of discretion in criminal law. Whether seeking to apply a legal standard as instructed or engaging in an act of nullification, ordinary …

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Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen Apr 2015

Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen

Fordham Law Review

    This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures—especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on their …

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Juries, Judges, And The Politics Of Tort Reform, David Logan Apr 2015

Juries, Judges, And The Politics Of Tort Reform, David Logan

Law Faculty Scholarship

No abstract provided.

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Shaping Diversity And Inclusion Policy With Research, Julie Ashdown Apr 2015

Shaping Diversity And Inclusion Policy With Research, Julie Ashdown

Fordham Law Review

    The legal profession in England and Wales is perceived as pale, male, and stale (that is, white, male, and older), but is that actually the case? And, if it is, what could or should a representative body like the Law Society do about it? This Article considers the situation from the perspective of solicitors. It reviews the research that the Law Society has commissioned over the last twenty years and how the findings have impacted policymaking. This Article looks at the main initiatives resulting from the research and considers whether they have made a difference and what the continuing challenges …

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Going Public: Diversity Disclosures By Large U.K. Law Firms, Steven Vaughan Apr 2015

Going Public: Diversity Disclosures By Large U.K. Law Firms, Steven Vaughan

Fordham Law Review

    The Legal Services Board (LSB) has been the parent regulator of legal services in England and Wales since 2009. Born of the wide-ranging reforms introduced by the Legal Services Act 2007 (LSA), the LSB is tasked with promoting the regulatory objectives contained within the LSA, including “encouraging an independent, strong, diverse and effective legal profession.” In July 2011, the LSB introduced a rule requiring the collection of data on workforce diversity and the publication of that data by the legal profession. This was the first—and indeed, is the only—direct regulatory intervention taken with regard to diversity in the legal profession. …

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Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales, Lisa Webley Apr 2015

Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales, Lisa Webley

Fordham Law Review

    This Article aims to examine equality and inclusion in legal services from the perspectives of would-be lawyers and would-be clients. It begins by examining the state and solicitors’ changing relationship regarding access to justice, professional independence, and the rule of law. It then considers the changes that the LSA 2007 wrought, and whether this neoliberal turn can deliver equality and inclusion within the profession and by the profession for those seeking redress with legal help. It also explores whether de(re)regulation may be altering the legal profession(s)’s ability to act as gatekeeper to the profession(s) and whether this too may have …

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Bicultural Experience In The Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey Apr 2015

Bicultural Experience In The Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey

Fordham Law Review

    A developmental network refers to the egocentric network of individuals who take an active interest in and concerted actions toward advancing a protégé’s career. In Part I of this Article, I draw upon the literature to outline the lived experiences of black lawyers, highlighting the need for them to manage their working identity. In Part II, I further develop bicultural experience as a construct for exploring racial minority experience in a professional context with recent developments from the acculturation literature. In Part III, I introduce the developmental network as a vehicle for understanding developmental relationships. Part IV summarizes the methodology …

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How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession, Stacy Hawkins Apr 2015

How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession, Stacy Hawkins

Fordham Law Review

    This Article undertakes an analysis, both quantitative and qualitative, of the developing body of Title VII diversity law. The jurisprudence of diversity was first developed by the U.S. Supreme Court in equal protection cases, but it has not been confined to that context. In particular, lower federal courts have been adjudicating cases asserting an interest in diversity as a means of challenging or justifying race/ethnicity- or gender-conscious policies and/or practices under Title VII. These cases have given rise to a body of Title VII diversity law that has remained largely unexplored in the scholarly literature. Because these cases have gone …

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Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald Apr 2015

Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald

Fordham Law Review

    This Article advances a new capital analysis, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which BigLaw and its lawyers exchange labor and various forms of capital—social, cultural, and identity. Unlike the traditional Tournament Theory model, in which BigLaw and its lawyers come across as near hopeless pawns powerless to combat vicious exogenous societal forces outside of their control, the proposed capital model conceives of BigLaw and its lawyers as active players who are very much responsible for the outcomes of their exchanges. Moreover, exactly because the capital model describes the underrepresentation of diverse …

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Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson Apr 2015

Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson

Fordham Law Review

    This Article calls attention to a different, heretofore unacknowledged source of racial disadvantage in these firms, one that is neither dependent upon these inferences of racial bias, nor incompatible with them. Cultural homophily, the tendency of people to develop rapport and relationships with others on the basis of shared interests and experiences, profoundly and often determinatively disadvantages many black attorneys in America’s largest law firms. Although not intrinsically racial, cultural homophily has decidedly racial consequences in this context because of the profound social and cultural distance that separates black and white Americans, evident in pronounced racial patterns in a wide …

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Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan Apr 2015

Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan

Fordham Law Review

    When Carmen Guadalupe Vasquez was rushed to [the] hospital after giving birth to a stillborn baby boy, the doctors first treated her life-threatening bleeding and then called the police, who handcuffed her to the bed. In El Salvador, where all abortion is illegal and emergency wards are turned into crime scenes, the confused, weak, and desperately ill 18-yearold maid was placed under investigation for terminating her pregnancy and driven away in a police van.

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The Normalising Power Of Marriage Law: An Irish Genealogy, 1945-2010, Deirdre Mcgowan Apr 2015

The Normalising Power Of Marriage Law: An Irish Genealogy, 1945-2010, Deirdre Mcgowan

Other resources

Marriage law is often conceptualised as an instrument of power that illegitimately imposes the will of the State on its citizens. Paradoxically, marriage law is also offered as a route to liberation. In this thesis, I question the efficacy of this type of analysis by investigating the actual power effects of marriage law. Using Michel Foucault’s concepts of bio-power and government, and his genealogical approach to history, I identify the role played by marriage law in governing the social domain over a discrete period of Irish history. Drawing on this analysis I suggest that marriage law is part of a …

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“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, Kristina H. Reardon Mar 2015

“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, Kristina H. Reardon

The Quiet Corner Interdisciplinary Journal

The quest of poetic justice carries Marc Falkoff’s 2007 anthology Poems from Guantanamo: The Detainees Speak into the court of public (literary) opinion. While the Pentagon asserts that poetry poses special security risks, and related translation issues may obscure the artistry or message of some of the 17 poets’ verse, Falkoff’s volume nevertheless gives prisoners’ voices a forum in which they might be heard. At the nexus of legal and literary scholarship, poetic voice and its expression become a site of deconstructing identity. The Guantanamo poets invite readers to explore the ways that aesthetics form perceptions of their identity as …

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Newsroom: Swapping R&R For Public Service, Roger Williams University School Of Law Mar 2015

Newsroom: Swapping R&R For Public Service, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law Mar 2015

Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner Mar 2015

The 4th Amendment To The U.S. Constitution, Article 3 Of The Ala Code Of Ethics, And Section 215 Of The Usa Patriot Act: Squaring The Triangle, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Librarians in the United States have many professional guideposts to inform their work. A patron's right to privacy is one tenet that tends to be upheld tenaciously, and is informed first by the 4th Amendment to the U.S. Constitution, among other Amendments, as well as Article III of the American Library Association Code of Ethics. Section 215 of the USA PATRIOT Act, the so-called "library provision," contradicts both the 4th Amendment and Article III of the ALA Code of Ethics, making it a weak third leg of a triangle of guideposts. The speaker explains how Section 215 allows for confiscation …

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Newsroom: Cohen Named 'Friend Of Justice', Roger Williams University School Of Law Mar 2015

Newsroom: Cohen Named 'Friend Of Justice', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Locomotives V. Local Motives: The Coming Conflict, Statutory Void, And Legal Uncertainties Riding With Reactivated Rails-To-Trails White River Environmental Law Writing Competition Winner, Matthew J. Mcgowan Mar 2015

Locomotives V. Local Motives: The Coming Conflict, Statutory Void, And Legal Uncertainties Riding With Reactivated Rails-To-Trails White River Environmental Law Writing Competition Winner, Matthew J. Mcgowan

Student Scholarship

Study after study projects that the United States economy will come to rely more and more on freight rail in the twenty-first century. Few would have predicted the industry's reemergence 30 years ago when Congress, alarmed at the mass exodus from railroad and the resulting anemic rail infrastructure due to abandonment, began passing laws that culminated in 1983 with a rail-banking amendment to the National Trail System Act of 1976. The new statute streamlined the transfer of these rail corridors to private groups for safekeeping in the event railroads once again needed to reactivate the corridors. Since then, parks departments, …

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A Friendly Amendment, Larry Yackle Mar 2015

A Friendly Amendment, Larry Yackle

Faculty Scholarship

Heather Gerken comes to praise Justice Kennedy’s opinion for the Supreme Court in United States v. Windsor. 1 I come to praise Gerken’s valiant effort to recast the Windsor opinion along more convincing lines.2 Gerken does not propose a wholesale substitute for Justice Kennedy’s analysis. She suggests a shift in emphasis that lends Kennedy’s explanation for condemning DOMA a surprising jurisprudential significance. Where some us have seen yet another lamentable paean to the sovereignty of the states, Gerken detects the faint hint of the “nationalist” school of federalism that she and others have nurtured in recent years.3 Gerken does not …

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Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu Mar 2015

Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu

Research Collection Yong Pung How School Of Law

Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …

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A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth Mar 2015

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth

University of Richmond Law Review

No abstract provided.

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Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid Mar 2015

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

University of Richmond Law Review

No abstract provided.

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Communities In Conflict With Police: Facilitating Dispute Resolution And Mediate Causes Of Conflict, Julian A. Cook, David Hooker, Samuel Lee Reid, Mildred I. Duprey De Robles Feb 2015

Communities In Conflict With Police: Facilitating Dispute Resolution And Mediate Causes Of Conflict, Julian A. Cook, David Hooker, Samuel Lee Reid, Mildred I. Duprey De Robles

Working in the Public Interest Conferences

Police cannot adequately serve the public without the respect and trust of the communities they serve. Who speaks for the community, and how can the legal system ensure that those voices are heard? What does equal protection under the law mean on the streets of America, where law enforcement is necessarily discretionary? What role should the federal government play when local trust in the rule of law recedes? how can community leaders and attorneys facilitate positive outcomes from conflict? This panel addressed leading initiatives to maintain dialogue between law enforcement authorities and the communities they serve.

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Newsroom: Horwitz On Mandatory Minimum Sentences, Roger Williams University School Of Law Feb 2015

Newsroom: Horwitz On Mandatory Minimum Sentences, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Peace Corps' Enduring Charter, Loret M. Ruppe Feb 2015

Peace Corps' Enduring Charter, Loret M. Ruppe

Georgia Journal of International & Comparative Law

No abstract provided.

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Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka Feb 2015

Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka

Catholic University Law Review

All states allow the public to anonymously report suspicions of child abuse or neglect to a toll free central phone number. An extensive examination of the policy and practices behind anonymous reporting hotlines indicates that they are widely unregulated and susceptible to abuse. The possible repercussions of an anonymous phone call create costs to the family and society which do not outweigh the potential benefit of allowing anonymous public reports. Under the guise of protecting children, the law has developed in such a way that it infringes on the fundamental rights of parents and children. At the same time, anonymous …

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"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak Feb 2015

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …

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