Dorland v. Larson: On the Legal Disputes at the Heart of
Steven Wright teaches law and creative writing at the University of Wisconsin-Madison. His novel, Coyotes of Carthage, is a 2021 nominee for the upcoming Hurston/Wright legacy award for debut fiction.
Actived: 9 days ago
Relearning to Write After Law School Buried My Voice
(2 days ago) As first-year law students (“1Ls”), we enrolled in a rigorous legal research and writing class. That first year was spent dissecting—and learning to cobble back together—legal memos and briefs in a very particular structure: an answer to a question. Each assignment was presented to us as a hypothetical fact pattern, and our task was to […]
My Life as Poet Laureate (of a Law Firm) ‹ Literary Hub
(8 days ago) Depth of heart in a law firm is not a poetic subject. Regardless of author, be it Pablo Neruda or the humble poet laureate, each time a poem was released into the ether of “NY Office-All,” confusion followed. The associates kept their heads down and worked and the secretaries mostly ignored the missives, but the partners wanted the poems
A New Law Is Causing Problems for California Booksellers
(6 days ago) A new California law aimed at cutting back on the sale of fraudulent collectibles has the potential to cause serious problems for local booksellers when it goes into effect at the end of this month. The law, Assembly Bill No. 1570, which was authored by State Representative Ling Ling Chang, serves to amend an already existing regulatory […]
The Dangers of Brain Science Overdetermining Legal
(9 days ago) The law, for its part, is deeply concerned with mental states, particularly intentions, and how they relate to behavior. As Justice Oliver Wendell Holmes, Jr., famously put it, “Even a dog distinguishes between being stumbled over and being kicked.” Distinctions of intent frequently determine, as a matter of law, the difference between
Librarians in the 21st Century: Why Law Libraries Are …
(7 days ago) In California, where, by statute, all 58 counties are meant to have a law library, not every county has a functioning law library; some have a Westlaw or Lexis terminal in their courthouse, which is a little like providing a first aid kit and an anatomy textbook in place of an ER. The funding mechanism for the CA county law libraries is a
Peek inside Ruth Bader Ginsburg’s annotated law school
(2 days ago) Exciting news—or dispiriting news for would-be collectors: a Columbia Law School textbook once owned by late Supreme Court justice and legal titan Ruth Bader Ginsburg sold yesterday to an anonymous bidder for $18,125 in Heritage Auctions’ Manuscripts Auction. The textbook in question, The French Legal System: An Introduction to Civil Law Systems, is …
How the “One Drop Rule” Became a Tool of White …
(4 days ago) Conveniently, traditional English common law was upheld in these cases, and Black-descended children born to white women took the status of their Black fathers. In both cases, racially mixed persons would be assigned to the status of the lower group, thus the term “hypodescent”—“hypo” meaning under, defective, or inadequate.
When Do Unspoken Social Rules Become Fashion Laws
(9 days ago) Richard Thompson Ford is a Professor at Stanford Law School. He has written about law, social and cultural issues and race relations for The New York Times, The Washington Post, San Francisco Chronicle, and Slate, and has appeared on The Colbert Report and The Rachel Maddow Show.
Tim Wu on Why It’s Not Actually Illegal to Be a Massive
(3 days ago) The law itself says monopolization is a crime. And typically in the criminal law, you punish conduct, not status. In fact, it’s unconstitutional to punish people for, let’s say, being a drug addict—being as opposed to doing something. It seems pretty clear that they were against monopoly and wanted to clear the world of monopoly.
In the 1960s, the US Decided My Tribe Was No Longer a
(9 days ago) Congress subsequently passed Public Law 280, which extended state civil and criminal jurisdiction over Indian reservations in California, Nebraska, Minnesota, Oregon, and Wisconsin. President Eisenhower signed the law, although he called it “unchristian,” and Eleanor Roosevelt voiced serious misgivings in her “My Day” column.
On California’s Eugenicist Past ‹ Literary Hub
(Just Now) This law was one of many written in the 19th century by representatives of “the great hegira of the land-hungry Anglo-Saxon” (as Jack London described California’s early white leadership) that regulated land ownership, political participation, and social relationships. California’s first code of criminal procedure prohibited legal
The History (and Present) of Banning Books in America
(1 days ago) The case set an important precedent. However, Comstock Law remained on the books until 1957, when the Supreme Court tried Roth vs.The United States.The plaintiff was Samuel Roth, a writer and bookseller convicted for mailing pornographic magazines to …
On Racial Injustice and the False Promise of Police
(9 days ago) I was shocked by the power and command of Black law students who organized the support networks behind the scenes, especially Marques Banks. Marques became part of the Black Movement Law Project. He was a bubbly, detail-oriented strategist and trainer during the uprising in Baltimore.
Howard Zinn on Henry David Thoreau and When to Resist an
(Just Now) Thoreau’s attitude toward law and toward the Constitution points very directly to the legal controversies of our own time, when certain Supreme Court justices and legal scholars insist their job is to decide what the Founding Fathers meant by the words they wrote in 1787. Thoreau asks why, in deciding moral questions, we must ask whether
A new law aimed at the gig economy is affecting writers
(9 days ago) The law is meant to target companies that rely on freelancers in order to skirt the financial burden of paying for health care or other benefits; in particular, tech companies like Uber and Lyft. Gonzalez has said that the current state of the gig economy is unsustainable, and with companies seemingly increasingly reliant on freelance labor
Tim Bakken on the Self-Deluded Hubris at the Heart of the
(5 days ago) Tim Bakken is the first civilian promoted to professor of law in West Point's history. He became a federal whistleblower after reporting corruption at West Point and, after the Army retaliated against him, became one of the few federal employees to win a retaliation case against the U.S. military.
The Complicated History of Feminism’s Impact on
(Just Now) Aya Gruber is Professor of Law at the University of Colorado Law School. A former public defender, she is a frequent commentator on criminal justice issues. She has appeared on ABC, NBC, and PBS, and her work has been featured in the New York Times, Denver Post, and Associated Press.
How Anthony Comstock, Enemy to Women of the Gilded Age
(4 days ago) Speech is a form of power. My new book, The Man Who Hated Women: Sex, Censorship, & Civil Liberties in the Gilded Age, chronicles eight women “sex radicals” who went up against the restrictive 19th-century federal Comstock law—named after the obscenity fighter Anthony Comstock—which criminalized the mailing and selling of contraceptives with harsh …
The Real Criminal Masterminds in America Aren’t Working
(1 days ago) Subjecting a ruler to the rule of law was the first way a coalition of subordinates successfully slapped down its apex alpha dominator in a modern, complex society. The second cornerstone of democracy—the vote—came only later. Kleptocratic networks seek to suborn both.
You can now download Robin Marty’s handbook to abortion
(2 days ago) The law, Senate Bill 8, also allows private citizens to sue anyone who helps a woman obtain abortion services and get at least $10,000 in damages per instance. Activists and larger nonprofit organizations attempted to thwart the implementation of the bill via an emergency stop request. Unfortunately, the Supreme Court formally denied the request.
The Lessons of My Childhood in Communist Poland are
(6 days ago) On December 13, 1981, when the General of the Military, Wojciech Jaruzelski, declared Martial Law in Poland, I was a sophomore at King Sobieski High School in Wejherowo. For the occasion Jaruzelski was wearing his dress uniform and eyeglasses with dark lenses. These tinted glasses were his signature, but also a topic of numerous jokes about his
The Deadly Consequences of Jumping to Conclusions
(6 days ago) Adam Benforado is an associate professor of law at Drexel University. A graduate of Yale College and Harvard Law School, he served as a federal appellate law clerk and an attorney at Jenner & Block. In addition to Unfair , he has published numerous scholarly articles, and his op-eds and essays have appeared in a variety of publications
Kristin Henning on the Foundations of Racist Policing in
(4 days ago) Kristin Henning is a nationally recognized trainer and consultant on the intersection of race, adolescence, and policing.She is the Blume Professor of Law and director of the Juvenile Justice Clinic and Initiative at the Georgetown University Law Center.
On the Battle to Desegregate the Nation’s Libraries
(Just Now) Katchen turned to New Jersey’s anti-discrimination law, hoping that state law could bolster the case. But New Jersey and library officials feinted and bobbed-and-weaved with defenses that publicly deplored but defended the segregation. First, the library association was a private entity, not subject to existing civil rights law.
Valerie Jarrett on 26-Year-Old Michelle Obama’s
(4 days ago) Does NOT want to practice law. Please meet with her.”. Quickly scanning the résumé, it was obvious why Susan had sent it my way: a 26-year-old Chicago native, cum laude grad of Princeton, Harvard Law alum, and now second-year associate at the law firm of Sidley Austin. The name at the top was Michelle Robinson.
Daniel Shapiro on Living Through a Spouse’s Terminal
(9 days ago) Before practicing law, he was a contributing writer for a local newspaper. Over the years, and especially while undergoing the events described in his memoir, he found writing to be an effective way to access his inner thoughts and to think in a constructive way about the challenges he needed to address.
Elizabeth Wetmore and Kathryn Nuernberger on SB8, the
(3 days ago) Novelist Elizabeth Wetmore and essayist and poet Kathryn Nuernberger join hosts Whitney Terrell and V.V. Ganeshananthan to discuss Texas’s new abortion law. As the Lone Star State’s SB8 invites anyone to sue those “abetting” an abortion after six weeks of pregnancy, Roe v. Wade has never seemed more at risk. In this episode, Wetmore talks about […]
When Ruth Bader Ginsburg Dissented in Bush v. Gore
(9 days ago) Ginsburg was born Ruther Bader in Brooklyn in 1933. She holds a BA from Cornell University, was the first woman to join the Harvard Law Review, and holds a JD from Columbia Law School, where she also joined the law review and graduated first in her class.
An Account of the Blinding of Sgt. Isaac Woodard by the
(3 days ago) Law-enforcement officers during this era routinely carried blackjacks, which were baton-type weapons, generally leather, with shotgun pellets or other metal packed into the head and with a coiled-spring handle. These devices were so common that most police uniforms came with a “blackjack pocket” along the pants leg.
Victoria Law ‹ Literary Hub
(8 days ago) Victoria Law is a freelance journalist focusing on the intersections of incarceration, gender and resistance. She is the author of Resistance Behind Bars and the co-author of Prison By Any Other Name. Law has written about prisons and other forms of confinement for outlets including the New York Times, The Nation, Wired, and Bloomberg Businessweek.
Maurice Ruffin, First (Literary) Citizen of New Orleans
(2 days ago) Law school made it much easier for me to tell what I’m seeing and much easier to argue untenable positions, if necessary. And arguing untenable positions is necessary to create characters who are not like me. Plus, being a lawyer increased my gumption. I’m much more likely to look at a daunting writing project and think: “It’s not a
Nat Turner’s Divine Violence ‹ Literary Hub
(7 days ago) Ultimately Nat Turner’s revolt was “law-destroying in all respects.”. Mythical violence, the law of the mighty, gives the state physical and extortionate power over the bodies of the oppressed. Divine violence re-centers the seat …
Randall Kennedy on the Realities and Imaginaries of Race
(7 days ago) Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School.
The White Christian Nationalism Behind the Worst Terrorist
(5 days ago) Journalists and their law-enforcement sources immediately knew the culprits of the Murrah bombing: Muslims. Only two years had passed since Ramzi Yousef set off an explosive at the World Trade Center; Oklahoma City must have been a follow-on attack. CNN reported, then retracted, that Middle Easterners were under immediate law-enforcement …
Steven Wright ‹ Literary Hub
(2 days ago) Steven Wright. Steven Wright teaches law and creative writing at the University of Wisconsin-Madison. His novel, Coyotes of Carthage, is a 2021 nominee for the upcoming Hurston/Wright legacy award for debut fiction. Dorland v. Larson: On the Legal Disputes at the Heart of “Bad Art Friend”.
Why We Have Police: Race, Class, and Labor Control
(7 days ago) The 1965 Law Enforcement Assistance Act flLEAA) authorized the US Attorney General to make grants for the training and expansion of state and local law enforcement personnel.1# As the president told Congress in 1966, “The frontline soldier in the war on crime is the local law enforcement officer.”
An Account of the Blinding of Sgt. Isaac Woodard by the
(5 days ago) A native of Columbia, South Carolina, Judge Gergel earned undergraduate and law degrees from Duke University. With his wife, Dr. Belinda Gergel, he is the author of In Pursuit of the Tree of Life: A History of the Early Jews of Columbia, South Carolina.
Did Medgar Evers’ Killer Go Free Because of Jury Tampering
(7 days ago) The law school rejected his application, and Evers consulted with the NAACP on whether to sue. Impressed with the young professional, the NAACP hired him instead as its first full-time field secretary for Mississippi. From his start in December 1954, he put 40 thousand miles a year on his car, helping revive NAACP branches, organize new ones
Ruth Bader Ginsburg on the Possibility of Roe v. Wade
(9 days ago) So the law was in a state of change. I think it would have been healthier for that change to have gone on. The Supreme Court would have struck down the most extreme law, then the states would react to that. The Court usually doesn’t take giant steps. It moves incrementally. Roe v. Wade was a dramatic exception to that cautious way of operating.
How White Violence Turned a Peaceful Civil Rights
(5 days ago) Later on, at the meetings, people talked about Americus. Americus was a tough one. They had this terrible sheriff named Fred Chappell. He was a mean monster. He was above the law. He was the law. He was worse than Bull Connor, the commissioner of public safety in Birmingham who attacked the Freedom Riders. This guy wouldn’t bend.
Fictionalizing a Dark Chapter in the History of Milwaukee
(6 days ago) (The law banning lifetime tenures was enacted during his twenty year term.) Although Breier’s supporters have applauded his “law and order,” “tough-on-crime” policies, it’s worth reflecting on the troubling repercussions of his ethos. Brier’s policies, which propagated notions of racialized policing and officer invincibility
Policing the Womb: How the State Criminalizes Reproduction
(7 days ago) Michele Goodwin is an Executive Committee member of the American Civil Liberties Union and elected member of the American Law Institute. She is also a Chancellor’s Professor at the University of California, Irvine where she teaches constitutional law and directs the Center for Biotechnology and Global Health Policy.
How the KKK Shaped Modern Comic Book Superheroes
(8 days ago) When innocent people are brutalized, villains go unpunished, and corrupt police fail to act, a hero must rise to save the country he loves. His secret identity hidden behind a mask, the Grand Dragon leads his team of loyal companions in a battle to restore law and order. This plot structure is familiar to anyone […]
Reginald Dwayne Betts on Living Between the Poles of Yale
(8 days ago) He is the author of three volumes of poetry and one memoir. A graduate of Yale Law School, he lives in New Haven, Connecticut, with his family. Brad Listi Dudley Randall Etheridge Knight Felon incarceration Lit Hub Radio Lucille Clifton Otherppl podcasts poetry Reginald Dwayne Betts Robert Hayden Sonia Sanchez The Black Poets.
On the 26-Year Search for a Photo of My Father ‹ Literary Hub
(6 days ago) My uncle-in-law, the talker of our group, muses over my questions, repeating them before answering, “What was he like? Well, he was like the rest of us—boys! He liked to eat, smoke, and have a good time.” He shows me a black and white photo of two rows of young men in suits. “He was a good kid.
The Hypocrisy of Big Business’ Relationship to Cannabis
(4 days ago) The weed business is booming. So much so that the Green Rush, the surge of commercial opportunities opening up in the sale of weed, will soon be old news. Weed remains illegal under federal law, classified, along with heroine and LSD, as a schedule 1 drug: “defined as drugs with no currently accepted medical use […]
How the Legacy of Slavery Warps the World for Black Women
(7 days ago) After graduating Berkeley Law in 1989, she represented low-income tenants and homeless families for eight years before returning to get her PhD in history. She has taught at UC Santa Cruz, Berkeley Law, Berkeley’s history department, and as a visiting professor of law at the University of Utah.