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
The Review: Volume 25
Preview
Issue 1
featuring
- Listening to Foster Children in Accordance with the Law: The Failure to Serve Children in State Care
- The Virtue in Discretion: Ethics, Justice, and Why Judges Must Be Students of the Soul
- Bias before the Law: The Rearticulation of Hate Crimes in Wisconsin v. Mitchell
- Book Review: Judging the Judges, Judging Ourselves
Issue 2
featuring
- Expedited Removal at U.S. Borders: A World without a Constitution
- The Right to Appointed Counsel on Prosecution Appeals: Hard Realities and Theoretical Perspectives
- Developing Cooperatives as a Job Creation Strategy for Low-Income Workers
- The Color-Blind Constitution, Civil Rights-Talk, and a Multicultural Discourse for a Post-Reparations World
Issue 3
featuring
- Creating a Causal Connection: From Prenatal Drug Use to Imminent Harm
- Book Review: Crying Wolf or a Dying Canary?
- Welfare Reform and the Administration for Children's Services: Subjecting Children and Families to Poverty and Then Punishing Them for it
- Lack of Uniformity in the Deportation of Criminal Aliens
Issue 4
featuring
- Standing and Delivering on Title VII's Promises: White Employees' Ability to Sue Employers for Discrimination against Nonwhites
- Human Experimentation and the Double Facelessness of a Merciless Epoch
- Bad News Should Travel Fast: Hot Checks, Tardy Banks, and the Uniform Commercial Code's Rude Surprise
- The New Class Action Jurisprudence and Public Interest Law
In Depth Reading
Volume 25 Issue 1
Listening to Foster Children in Accordance with the Law: The Failure to Serve Children in State Care
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
Book Review: Judging the Judges, Judging Ourselves
... it is what judges failed to do, as opposed to what they actually did, that is Dyzenhaus's ultimate focus.
Bias before the Law: The Rearticulation of Hate Crimes in Wisconsin v. Mitchell
Examining how hate crime statutes play out in the law and interact with popular discourse
Volume 25 Issue 2
Developing Cooperatives as a Job Creation Strategy for Low-Income Workers
How worker-owned cooperative businesses can be used as an effective job creation strategy for lowincome workers.
The Color-Blind Constitution, Civil Rights-Talk, and a Multicultural Discourse for a Post-Reparations World
Arguing that civil rights talk and legal change based in reparations should give way to multiultural discourse, building on affirmative action
The Right to Appointed Counsel on Prosecution Appeals: Hard Realities and Theoretical Perspectives
Argument for a legal framework for analyzing appointment of counsel on prosecution appeals that is predicated on a theory of equal representation.
Expedited Removal at U.S. Borders: A World without a Constitution
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.
Volume 25 Issue 3
Book Review: Crying Wolf or a Dying Canary?
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.
Lack of Uniformity in the Deportation of Criminal Aliens
Examines federal deportation law with respect to criminal aliens, focusing on the interaction between federal immigration law and state criminal law.
Welfare Reform and the Administration for Children's Services: Subjecting Children and Families to Poverty and Then Punishing Them for it
Arguing the convergence of benefit termination and the pursuit of child welfare cases will be detrimental to families by pushing greater numbers into poverty.
Creating a Causal Connection: From Prenatal Drug Use to Imminent Harm
Highlights the problems implicit in reconciling statutory neglect provisions with judicial findings of neglect involving cocaine-exposed infants.
Volume 25 Issue 4
Human Experimentation and the Double Facelessness of a Merciless Epoch
Explores some of the ways in which the human face serves as both a marker of moral value and a call of moral duty.
The New Class Action Jurisprudence and Public Interest Law
Article detailing how to use new class action jusrisprudence in the public interest context.
Bad News Should Travel Fast: Hot Checks, Tardy Banks, and the Uniform Commercial Code's Rude Surprise
Exposes the inequity of tardy charge-back on behalf of consumers who cannot afford to challenge it in thecourts.
Standing and Delivering on Title VII's Promises: White Employees' Ability to Sue Employers for Discrimination against Nonwhites
Attempts to reinvigorate the strategy of having white plaintiffs bring Title VII suits for unlawful employment practices against racial minorities.