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Articles 1 - 2 of 2
Full-Text Articles in Legal Theory
On Critical Genealogy, Bernard E. Harcourt
On Critical Genealogy, Bernard E. Harcourt
Faculty Scholarship
Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …
"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson
"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson
Faculty Scholarship
In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …