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Accumulation, Anthony Paul Farley

Michigan Journal of Race and Law

Anthony Farley brings a focus on class back to Critical Race Theory by exploring the intersection of race and class as a singular concept that finds its creation in the marking of difference through the primal scene of accumulation. Professor Farley's Essay contends that the rule of law is the endless unfolding of that primal scene of accumulation. By choosing to pray for legal relief rather than dismantling the system, the slave chooses enslavement over freedom. Professor Farley discusses the concept of ownership as violence and explains that property rights are the means of protecting the master class until everything …

Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie

Michigan Journal of Race and Law

This essay posits that Critical Race Theory (CRT) must operate at both the "idealist" and "materialist" levels. Although the emphasis may be in one direction or another at particular times, both domains are continually engaged. This essay links the debate between the "materialist" and "idealist" views to another central theme within CRT, which is the need for "justice" and how the law relates to justice. This essay focuses on the contemporary debate surrounding the status of Native Hawaiians to show how "race" is being used to construct the civil and political rights of Native Hawaiian people. CRT is a jurisprudence …

From Discourse To Struggle: A New Direction In Critical Race Theory, Megan K. Whyte

Michigan Journal of Race and Law

To commemorate the Michigan Journal of Race & Law's tenth anniversary, they hosted a symposium in February 2005 that marked a shift within critical race theory. Entitled "Going Back to Class?: The Reemergence of Class in Critical Race Theory," the symposium brought together speakers, students, Journal alumni, and members of the community to begin a fuller examination of the relationship between race and class.

From Race To Class Struggle: Re-Problematizing Critical Race Theory, E San Juan Jr.

Michigan Journal of Race and Law

The misconstrual of "class" as a theoretical and analytic concept for defining group or individual identity has led, especially during the Cold War period, to its confusion with status, life-style, and other ideological contingencies. This has vitiated the innovative attempt of CRT to link racism and class oppression. We need to reinstate the Marxist category of class derived from the social division of labor that generates antagonistic class relations. Class conflict becomes the key to grasping the totality of social relations of production, as well as the metabolic process of social reproduction in which racism finds its effectivity. This will …

A School Without A Name: Desegregation Of Eastside High School 1970-1987, Regan Garner

University of Florida Journal of Law & Public Policy

No abstract provided.

Legal Reasoning, Phoebe C. Ellsworth

Book Chapters

For more than a century, lawyers have written about legal reasoning, and the flow of books and articles describing, analyzing, and reformulating the topic continues unabated. The volume and persistence of this "unrelenting discussion" (Simon, 1998, p. 4) suggests that there is no solid consensus about what legal reasoning is. Legal scholars have a tenacious intuition - or at least a strong hope - that legal reasoning is distinctive, that it is not the same as logic, or scientific reasoning, or ordinary decision making, and there have been dozens of attempts to describe what it is that sets it apart …

Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine

Seattle University Law Review

This keynote address for the 2005 Symposium: Where's My Vote? Lessons Learned from Washington State's Gubernatorial Election was presented by Barbara Arnwine. The focus of the presentation was on "Voting Rights at a Crossroad: Return to the Past or an Opportunity for the Future?" To students who are on the career path to becoming practitioners of law, and to attorneys and law professors, no role is more important than enhancing democracy. Ms. Arnwine's speech addresses the topics of voting rights from a national perspective highlighting the most pressing challenges. In addressing this theme, four areas of voting rights are covered …

Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield

Other Publications

No abstract provided.

Depriving Law Reform Of Its Potential? New Perspectives On The Public-Private Divide Law Commission Of Canada, Ed. (Vancouver: University Of British Columbia Press, 2003), Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

New Perspectives on the Public-Private Divide is the second installment in a new series, Legal Dimensions, sponsored by the Canadian Association of Law Teachers, the Canadian Law and Society Association, the Canadian Council of Law Deans and the Law Commission of Canada. The ambitions of this series are large: to "examine various issues of law reform form a multidisciplinary perspective [and]... to advance our knowledge about law and society through the analysis of fundamental aspects of law."

The focus on the public-private divide is an excellent choice for the Legal Dimensions Series for no matter how one conceptualizes the relationship, …

Legal Durability, Omri Ben-Shahar

Articles

This paper develops a framework to study the effects of the durability of legal allocation decisions, such as trial outcomes, regulatory enactments and property entitlements. For a party favored by the legal allocation, a more durable decision is also more costly to secure, ex-ante. Thus, it is not the greater durability of the allocation that determines whether the “winner” is better-off, but other factors that are affected by the durability attribute, such as the cost of securing a favorable outcome and the ability of contesting parties to affect this cost. The paper develops conditions under which greater durability is irrelevant, …

A Jewish Law View Of World Law, Michael J. Broyde

Faculty Articles

This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.

Revisiting Granite Falls:Why The Seattle Monorail Project Requires Re-Examination Of Washington's Prohibition On Taxation Without Representation, Matthew Senechal

Seattle University Law Review

The composition and actions of the un-elected Seattle Monorail Project (SMP) Board raise the question of whether the Washington State Constitution permits the legislature to delegate its taxing power to municipal corporations governed by unelected boards. Stated differently, the SMP Board and its actions present the question of whether the Washington State Constitution requires that local taxes be imposed only by officials who are elected by, and accountable to, the electorate burdened by the tax. While Washington's Constitution, political structures, and legal doctrine are designed to prevent "taxation without representation," the recent case of Granite Falls Library Facility Area v. …

Aba Report Explores Indigent Defense, Katherine Licup

Public Interest Law Reporter

No abstract provided.

Legal Needs Study Exposes Need For Expanding Civil Legal Services, Kendra Reinshagen

Public Interest Law Reporter

No abstract provided.

Equal Justice Works Fellowships Help Launch Public Interest Careers, Equal Justice Works Staff

Public Interest Law Reporter

No abstract provided.

Public Interest Student Profiles, Gabe Conroe, Christina Hynes Mesco, Beth Hofmeister

Public Interest Law Reporter

No abstract provided.

The Nonprofit Implications Of For-Profit Community Development, Erik B. Bluemel

University of Florida Journal of Law & Public Policy

No abstract provided.

What's At Stake In Pharmaceutical Reimportation: The Costs In Terms Of Life Years, Lives, And Dollars, Joseph H. Golec, John A. Vernon

University of Florida Journal of Law & Public Policy

No abstract provided.

Terrorists And Tennis Courts: How Legal Interpretations Of The Freedom Of Information Act And New Laws Enacted To Prevent Terrorist Attacks Will Share The Public's Ability To Access Critical Infrastructure Information, Cara Muroff

University of Florida Journal of Law & Public Policy

No abstract provided.

Separation Of Powers: The Judiciary's Limited Role In Reviewing The President's Detention Of Enemy Combatants, Carolyn M. Zegeer

University of Florida Journal of Law & Public Policy

No abstract provided.

Before Brown, After Brown: What Has Changed For African-American Children?, Vivian Gunn Morris, Curtis L. Morris

University of Florida Journal of Law & Public Policy

No abstract provided.

Brown At 50: School Desegregation From Reconstruction To Resegregation, Leland Ware

University of Florida Journal of Law & Public Policy

No abstract provided.

The Picture Of Equality, Alfred Dennis Mathewson

University of Florida Journal of Law & Public Policy

No abstract provided.

Fighting For Children's Rights: Lessons From The Civil Rights Movement, Lewis Pitts

University of Florida Journal of Law & Public Policy

No abstract provided.

Inconsistent Levels Of Generality In The Characterization Of Unenumerated Fundamental Rights, John F. Basiak Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.

A Struggle Of Biblical Proportions: The Campaign To Enact The Workplace Religious Freedom Act Of 2003, Robert A. Caplen

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Funding The Free Exercise Clause, David M. Applegate

University of Florida Journal of Law & Public Policy

No abstract provided.

Bridging The Gaps: Cognitive Constraints On Corporate Control & Ethics Education, Michael B. Metzger

University of Florida Journal of Law & Public Policy

No abstract provided.

A Toothless Tiger In The Constitutional Jungle: The "Knock And Announce Rule" And The Sacred Castle Door, E. Martin Estrada

University of Florida Journal of Law & Public Policy

No abstract provided.

When Is An Invasion Of Privacy Unwarranted Under The Foia? An Analysis Of The Supreme Court's Sufficient Reason And Presumption Of Legitimacy Standards, Martin E. Halstuk

University of Florida Journal of Law & Public Policy

No abstract provided.