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A study of the experiences of women of color law school faculty and the effect of race and gender on legal education. This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes several mechanisms to increase diversity within legal academia and to improve the experience of all faculty members. Praise for Unequal Profession “Fascinating, shocking, and infuriating, Meera Deo’s careful qualitative research exposes the institutional practices and cultural norms that maintain a separate and unequal race-gender order even within the privileged ranks of tenure-track law professors. With riveting quotes from faculty across a range of institutional and social positions, Unequal Profession powerfully reminds us that we must do better. I saw my own career in this book—and you might, too.” —Angela P. Harris, University of California, Davis “A powerful account of inequality in legal academia. Quantitative data and compelling narratives bring to life the challenges and roadblocks in gaining not just entry and tenure but also respect for the voices of minority women within the academy. There are no easy remedies, but reading this book is a good place to start for lawyers and law professors to understand what minority women face and which practices can increase the odds of success.” —Bryant G. Garth, University of California, Irvine “Unequal Profession should be mandatory reading for everyone in legal academia . . . . By providing concrete evidence of systemic discrimination, Meera Deo illuminates a long-standing problem needing to be remedied.” —Sarah Deer, University of Kansas
This book gives the practitioner a detailed treatment of the principles and applications of effective legal drafting. New material on drafting strategy, "verbal sexism", and the use of computers for word processing of legal documents is included in the work.
This book had its beginnings in a simple question: How have some African-American attorneys, recently admitted to the bar, successfully navigated what research suggests is a very precarious pipeline to the legal profession? The response to this question entailed a journey that spanned some three years, over fifty informants, and a dozen or so researchers and scholars who study the intersections of education, race, and efforts to achieve social equity. The resulting work generalizes from the stories collected and constructs a substantive theory of success built around a phenomenon called "working recognition." This concept describes both the recognition experienced in various forms by our study's participants and the recognition they transformed into strategic activities aimed at overcoming academic, economic, and social obstacles encountered in their personal pipelines. We found that it was through such activity that they ultimately attained recognition as lawyers and entered the profession of law. As a way of situating the study within scholarship in higher and legal education, the book further presents essays from noted scholars who respond to the study's thematic findings comparing and contrasting them to related research and practices. Finally, we consider the policy implications that derive from our extant project, particularly policies that relate to future pipeline interventions. "This is an engaging and well-written book that uses analysis of in-depth interviews to tell the stories not only of African Americans entering the legal profession, but also the story of the significant and important role of HBCUs in educating the current generation of black lawyers. It is a must read for anyone doubting the relevance of the HBCU today."-- Kurt l. Schmoke, Dean, Howard University School of Law "A must read for anyone interested in understanding the very different experiences faced by African-American law students when compared with their white peers. It should be required reading for all law school Deans and University Presidents who should then seek to implement the very thoughtful suggestions discussed by Evensen and Pratt thereby moving law schools in the direction of being inclusive learning environments for all students."-- Dorothy Brown, Professor of Law, Emory University School of Law "Evensen and Pratt's illuminating study tells the stories that all lawyers need to hear. Their chronicles of young African Americans who navigate nearly insurmountable challenges to join our profession provide convincing evidence for the authors' theory of intervention and the necessity of pipeline programs. With its combination of interviews and essays, this is an essential work for anyone who is committed to improving the racial diversity of the legal profession."-- Phoebe Haddon, Dean, University of Maryland Francis King Carey School of Law
Tackling the ugly secret of unconscious racism in American society, this book provides specific solutions to counter this entrenched phenomenon.
Argues that treating people and artificial intelligence differently under the law results in unexpected and harmful outcomes for social welfare.
Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
When Gina was deported to Tijuana, Mexico, in 2011, she left behind her parents, siblings, and children, all of whom are U.S. citizens. Despite having once had a green card, Gina was removed from the only country she had ever known. In Deported Americans legal scholar and former public defender Beth C. Caldwell tells Gina's story alongside those of dozens of other Dreamers, who are among the hundreds of thousands who have been deported to Mexico in recent years. Many of them had lawful status, held green cards, or served in the U.S. military. Now, they have been banished, many with no hope of lawfully returning. Having interviewed over one hundred deportees and their families, Caldwell traces deportation's long-term consequences—such as depression, drug use, and homelessness—on both sides of the border. Showing how U.S. deportation law systematically fails to protect the rights of immigrants and their families, Caldwell challenges traditional notions of what it means to be an American and recommends legislative and judicial reforms to mitigate the injustices suffered by the millions of U.S. citizens affected by deportation.
A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.
"The fourth edition of Understanding Remedies is designed to provide a thorough overview of the remedies a civil plaintiff may obtain to secure appropriate redress for wrongs inflicted. The book has been substantially restructured so the information is presented in a manner that can be easily grasped and understood. The text has been augmented with numerous headings, subheadings, and bullet points to enable the reader to quickly see the critical issues raised under the Law of Remedies; however this has been done while preserving the extensive content of the information provided by the book. The book has also been augmented with more examples to help convey understanding of the legal points made. As with prior editions of Understanding Remedies, the book materials are organized around two themes. Chapters one through seven examine general remedial considerations, such as damages, restitution, and defenses as standalone concepts. The goal here is to give the reader a firm foundational understanding of the concept itself. Chapters eight through twenty-four examine the general remedial consideration in specific contexts, for example, what remedies are available when a person sustains bodily injury caused by another's legal wrong. In this setting the available remedies are identified and discussed. Also addressed are the tactical strategic issues that would influence the desirability and availability of specific remedies, for example, an injunction to abate a nuisance or restitution to redress a trespass. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law"--