The Virtue in Discretion: Ethics, Justice, and Why Judges Must Be Students of the Soul
Looking at judicial decision making through Aristolean and neoAristolean theories of virtue ethics
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Looking at judicial decision making through Aristolean and neoAristolean theories of virtue ethics
... it is what judges failed to do, as opposed to what they actually did, that is Dyzenhaus's ultimate focus.
Arguing that children in the foster care system should be given a voice in determining policy and using survey results to show a desire for permanency
Examining how hate crime statutes play out in the law and interact with popular discourse
Robson forges a new kind of legal thinking: one that takes advantage of what Gayatri Spivak has called "strategic essentialism" for use in a "scrupulously delineated political interest," one that remains wary of the dangers of an essentialism that is
How worker-owned cooperative businesses can be used as an effective job creation strategy for lowincome workers.
Arguing that plenary power doctrine can no longer be justified and the Court can find the expedited removal procedure in violation of the Fifth Amendment.
Argument for a legal framework for analyzing appointment of counsel on prosecution appeals that is predicated on a theory of equal representation.
Examines federal deportation law with respect to criminal aliens, focusing on the interaction between federal immigration law and state criminal law.
Professor Schuck, in his book, Citizens, Strangers, and In-Betweens-- a collection of mostly previously published work-- has crafted an extended argument that such fears are at best marginal and insignificant and at worst dangerous.
Highlights the problems implicit in reconciling statutory neglect provisions with judicial findings of neglect involving cocaine-exposed infants.
Arguing the convergence of benefit termination and the pursuit of child welfare cases will be detrimental to families by pushing greater numbers into poverty.
Attempts to reinvigorate the strategy of having white plaintiffs bring Title VII suits for unlawful employment practices against racial minorities.
Exposes the inequity of tardy charge-back on behalf of consumers who cannot afford to challenge it in thecourts.
Article detailing how to use new class action jusrisprudence in the public interest context.
Explores some of the ways in which the human face serves as both a marker of moral value and a call of moral duty.