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Royal C. Gardner, Legal Considerations, in Conservation and Biodiversity Banking (Nathaniel Carroll et al. eds., Routledge, 2007)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, The Jr. Faculty Forum: A Venue for Emerging Scholarship, AALS New Law Professors Section Newsletter (2007)Clicking on the button will copy the full recommended citation.
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Judith A.M. Scully, Seeing Color, Seeing Whiteness, Making Change: One Woman’s Journey in Teaching Race and American Law, 39 U. Tol. L. Rev. 59 (2007)Clicking on the button will copy the full recommended citation.
In this article Judith Scully, a law professor, who identifies as a member of the Caribbean and African Diaspora , shares her personal and academic perspective of the experience and challenges faced in teaching Race, Racism, and American Law in a predominantly white institution. The article describes the emotional challenges of teaching this course and suggests ways to help students deconstruct their own belief/value systems. It also provides key ingredients needed in teaching this course such as empathic listening, allowing students to set the ground rules for dialogue and it includes a description of a typical first class meeting and how ground rules set the stage for an honest dialogue on race and American jurisprudence. Central to this discussion about race and American law are the legal history of the doctrine of colorblindness as established in Plessy v. Ferguson, and the concept of “white privilege” which is necessary for white students to understand when they are attempting to examine their own racial identity. This article includes a discussion of how white privilege is confounded by poverty and how the students often prefer to analyze the effect of poverty on one’s identity rather than have to wrestle with the impact that race has on one’s privilege and access to power. The article concludes that teaching a course such as this is a welcome challenge and is essential to raising race consciousness, to building sensitivity to the role of law in redressing and enforcing racial inequalities, and to examining the essential role of lawyers in both the justice system and community action initiatives.
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Rebecca C. Morgan, The Uniform Guardianship and Protective Proceedings Act of 1997 – Ten Years of Developments, 37 Stetson L. Rev. 1 (2007)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Commenting and Conversation, 22 Second Draft 14 (2007)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Rapanos and Wetland Mitigation Banking, in The Supreme Court and the Clean Water Act: Five Essays (Vermont Law School's Land Use Institute, Vermont Journal of Environmental Law, 2007)Clicking on the button will copy the full recommended citation.
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James W. Fox, Black Reconstruction, in Encyclopedia of Race and Racism (Gale-McMillan Reference, 2007)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, Elder Law in the United States: The Intersection of The Practice and Demographics, 2 J. Int'l Aging L. & Pol'y 103 (2007)Clicking on the button will copy the full recommended citation.
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Kristen David Adams, Introduction: Housing, Personhood, and Dignity vol. 36 (2007)Clicking on the button will copy the full recommended citation.
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James W. Fox, The Law of Many Faces: Antebellum Contract Law Background of Reconstruction-Era Freedom of Contract, 49 Am. J. Legal Hist. 61 (2007)Clicking on the button will copy the full recommended citation.
This article, published in late-2008, has two goals. First, it seeks to connect doctrinal histories of contract law with the political and social histories of contract ideology. In doing so I hope to show how the tales about the development of contract doctrine can be told more richly by considering the political and ideological developments of the period. Second, and more significantly, this article highlights the ambiguous strands of contract law that were part of the culture of contract surrounding Reconstruction, and shows how contract law was far more contextualized than historians of either free labor ideology or contract doctrine typically acknowledge. This failure to explore the rich context and ambiguity of mid-nineteenth century contract law produces, on the one hand, an inappropriately narrow view of Reconstruction-era conceptions of the potential role of contract, and, on the other hand, a general inattentiveness to the potential uses of contract law and ideas to challenge the otherwise dominant ideologies. The article proceeds through four topics: antebellum equity jurisprudence, antebellum labor law, inn and carrier law, and antebellum feminist uses and critiques of contract. By connecting contract-as-doctrine to contract-as-political-ideology through these four areas, I hope to show that during Reconstruction there was more possibility for both than often seems apparent to those looking back after the Lochner era.