Once dismissed as plodding and superfluous, legal scholarship is increasingly challenging the liberal white male establishment that currently dominates legal education and practice. The most significant development since the emergence of the casebook, at the turn of the century, this trend has unleashed a fierce political struggle. At stake is nothing less than the entire enterprise of law and education, and thus a powerful platform from which to shape society.
The result, here vividly recounted by Arthur Austin, has been an uncompromising, take-no-prisoners fight for dominance. The...
Once dismissed as plodding and superfluous, legal scholarship is increasingly challenging the liberal white male establishment that currently domin...
The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if...
The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conceptio...
Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald's because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and...
Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has bec...
Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American?
In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal...
Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asia...
When Bill Clinton signed an Executive Order on Environmental Justice in 1994, the phenomenon of environmental racism--the disproportionate impact of environmental hazards, particularly toxic waste dumps and polluting factories, on people of color and low-income communities--gained unprecedented recognition. Behind the President's signature, however, lies a remarkable tale of grassroots activism and political mobilization. Today, thousands of activists in hundreds of locales are fighting for their children, their communities, their quality of life, and their health.
From the...
When Bill Clinton signed an Executive Order on Environmental Justice in 1994, the phenomenon of environmental racism--the disproportionate impact o...
In late 1995, the Million Man March drew hundreds of thousands of black men to Washington, DC, and seemed even to skeptics a powerful sign not only of black male solidarity, but also of black racial solidarity. Yet while generating a sense of community and common purpose, the Million Man March, with its deliberate exclusion of women and implicit rejection of black gay men, also highlighted one of the central faultlines in African American politics: the role of gender and sexuality in antiracist agenda.
In this groundbreaking anthology, a companion to the highly successful...
In late 1995, the Million Man March drew hundreds of thousands of black men to Washington, DC, and seemed even to skeptics a powerful sign not only...
Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons.
Victims in the War on Crime is the first book to provide a critical analysis of the role of victims...
Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has...
For well over a decade, critical race theory the school of thought that holds that race lies at the very nexus of American life has roiled the legal academy. In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history.
And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two of the founders of the movement, is the first primer on one of...
For well over a decade, critical race theory the school of thought that holds that race lies at the very nexus of American life has roiled the lega...
No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson's -wall of separation between church and state, - and few metaphors have provoked more passionate debate. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson's -wall- is accepted by many Americans as a concise description of the U.S. Constitution's church-state arrangement and conceived as a virtual rule of constitutional law.
Despite the enormous influence of the -wall- metaphor, almost no scholarship has investigated...
No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson's -wall of separat...
