Legal Studies Commons^™

No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon

Journal of Criminal Law and Criminology

No abstract provided.

Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes

Articles, Book Chapters, & Popular Press

The article has two parts. Part II discusses the materials we reviewed to inform the development of a queer legal pedagogy. In particular, it examines the categories of queer legal scholarship and highlights the contributions of other outsider scholars to legal education debates. Early in our research, we found limited material on queer legal pedagogy, and we discovered nothing that posited a theoretical approach. We did, however, find rich resources written by other outsiders to law from which some design principles for queer legal pedagogy might be drawn. We should note at the outset that our goal in this Part …

The Aretaic Turn In Constitutional Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The author argues that the aretaic turn in constitutional theory is an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions on particular issues and the fervor of their ideological passions.

Part II, Institutionalism and Constitutional …

Procedural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article begins in part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits?

The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question--what is procedure?--is the most difficult and requires an extensive …

On Proof Of Preferential Effect, Rafael I. Pardo

Scholarship@WashULaw

This Article presents a comprehensive analysis of the manner in which the trustee of a debtor's estate may satisfy his burden of proof to demonstrate the preferential effect of a prebankruptcy transfer from a debtor to a creditor. The proposed framework, if adhered to by courts, will create a uniformity that gives preference law its proper reach and thereby reinforces its primary goal: equal treatment of similarly situated creditors (the equality principle). After examining the historical developments that have made a trustee's evidentiary burden administratively less complex, the Article discusses the Ninth Circuit's decision in Batlan v. TransAmerica Commercial Finance …

Crime, Law, And The Community: Dynamics Of Incarceration In New York City, Jeffrey A. Fagan

Faculty Scholarship

Random Family (LeBlanc 2003) tells the story of a tangled family and social network of young people in New York City in which prison threads through their lives since childhood. Early on, we meet a young man named Cesar, who sold small amounts of crack and heroin in the streets near his home in the Bronx. During one of his many spells in jail, Cesar sees his father pushing a cafeteria cart in the Rikers Island Correctional Facility, New York City’s jail. Cesar had not seen his father in many years, but he was not very surprised to see him …

The Family And Medical Leave Act Of 1993: Ten Years Of Experience: Introduction, Pauline Kim

Scholarship@WashULaw

On February 5, 1993, in a Rose Garden ceremony, President Bill Clinton signed the Family and Medical Leave Act (FMLA) into law, declaring that workers “will no longer need to choose between the job they need and the family they love.”1 The signing ceremony was significant for a number of reasons. It marked an early legislative victory for a new administration, signaling its commitment to ending gridlock in Washington. It also symbolized changing priorities: earlier versions of the legislation had twice been enacted by Congress and then vetoed by President George H.W. Bush. With its focus on the needs of …

The Virulence Of Blackthink™ And How Its Threat Of Ostracism Shackles Those Deemed Not Black Enough, Kimberly Jade Norwood

Scholarship@WashULaw

This Article explores a non-traditional form of discrimination based on color. In the United States we are accustomed to hearing about discrimination in the context of historic injustices the black community has faced for no other reason but that they were born black or African-American. This Article deals with another form of discrimination against black people based on skin color: discrimination based on not being black enough. Blacks who do not fit a particular expectation about what it means to be black are often marginalized or even ostracized from their communities. They are vilified as Sells-Outs, Oreos and Uncle Toms. …

The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner

Scholarship@WashULaw

This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of “criminality” within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element, spoken of in many circles as “oppositional culture” constitutes a bold and calculated rejection of destructive mainstream values that have perpetuated social inequalities and power imbalances. African American resistance culture is captured by novelist John Edgar Wideman in his account of his brother ’s criminal lifestyle and the …

Justice Scalia On The Use Of Foreign Law In Constitutional Interpretation: Unidirectional Monologue Or Co-Constitutive Dialogue, Melissa A. Waters

Scholarship@WashULaw

This short essay explores Justice Antonin Scalia's conservative alternative approach to recent efforts by other Justices to utilize foreign and international legal sources in the Supreme Court's jurisprudence. It discusses Justice Scalia's writings and remarks over the course of the 2003-2004 Supreme Court Term: On the one hand, Justice Scalia consistently denounced the use of foreign legal sources in constitutional interpretation, both in his concurring opinion in Sosa v. Alvarez-Machain and in his keynote address at the Annual Meeting of the American Society of International Law. On the other hand, in his dissent in Olympic Airways v. Husain, Justice Scalia …

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

Scholarly Works

Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …

Taking Stock: Women Of All Colors In Legal Education, Rachel F. Moran

Journal of Legal Education

No abstract provided.

Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns

Journal of Legal Education

No abstract provided.

Midcourse Corrections: Women In Legal Education, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

"Where Did You Go To Law School?" Gatekeeping For The Professoriate And Its Implications For Legal Education, Richard E. Redding

Journal of Legal Education

No abstract provided.

Learning From Conflict: Reflections On Teaching About Race And Gender, Susan Sturm, Lani Guinier

Journal of Legal Education

No abstract provided.

A Continuous Body: Ongoing Conversations About Women And Legal Education, Judith Resnik

Journal of Legal Education

No abstract provided.

Using The Web To Facilitate Active Learning: A Trans-Pacific Seminar On Globalization And The Law, Ruth Buchanan, Sundhya Pahuja

Journal of Legal Education

No abstract provided.

Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill

All-Inclusive List of Electronic Theses and Dissertations

Since 1972, the volume of federal litigation involving faculty and their institutions has escalated. Tenure denial litigation, too, has increased. Prior to 1972, there were no published federal tenure denial decisions involving private colleges and universities. Since 1972, the number of published tenure denial decisions in the private institutional setting has increased steadily. Higher education administrators need to understand the risks that are involved in the tenure review process. These risks include the possibility of a protracted and costly lawsuit. Such a lawsuit could result in having key administrators spend enormous amounts of time preparing for trial and testifying in …

The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

Buffalo Law Review

No abstract provided.

Building An Infrastructure For Empirical Research In The Law, Lee Epstein, Gary King

Journal of Legal Education

No abstract provided.

Discipline-Based Faculty, David E. Van Zandt

Journal of Legal Education

No abstract provided.

Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington

Journal of Legal Education

No abstract provided.

Evaluating Valuing Empiricism (At Law Schools), Matthew Spitzer

Journal of Legal Education

No abstract provided.

Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

This article is adapted from a column that I wrote for Legal Assistant Today in 1996. The column’s audience was legal assistants, some of whom, I discovered over my seven years as a columnist for the publication, had responsibility for managing law firm libraries or library resources in addition to their other duties. So from time to time my column drifted into advice about managing libraries. This particular column came about at a time when I was mentoring some younger librarians and discovered to my surprise that they did not know of Ranganathan’s Five Laws of Library Science. When I …

It's Not Just For Law School Anymore: Clinical Education On The Death Penalty For Undergraduates, Jon Gould

Journal of Legal Education

No abstract provided.

Tenure, Devon W. Carbado, Mitu Gulati

Journal of Legal Education

No abstract provided.

The Consequences Of Race-Blindness: Revisiting Prediction Models With Current Law School Data, Linda F. Wightman

Journal of Legal Education

No abstract provided.