Authoruclalaw

Fisher’s Foibles: From Race and Class to Class not Race

Abstract The decision in Fisher II sustained the University of Texas’s use of race in its undergraduate admissions policy, in the face of nearly decade long attack, but on terms that reinscribed the onerous requirements of strict scrutiny on institutions utilizing any form of race-conscious policy.  The debate before the Court and the rationales asserted reinforced a framework based on the notion...

Inner-City Anti-Poverty Campaigns

This Article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal services organizations, and university-housed law...

Movement Lawyers in the Fight for Immigrant Rights

As immigration reform initiatives driven by established advocacy organizations in Washington, D.C., were successively defeated in the late mid to late 2000s, movement-centered organizations and newly created formations of undocumented youth mobilized against the federal-local immigration enforcement regime of the Bush and Obama administrations. Drawing on media, scholarly, and first person...

From Stop and Frisk to Shoot and Kill: Terry v. Ohio’s Pathway to Police Violence

This Article explains how a particular area of Fourth Amendment law—stop-and-frisk jurisprudence—facilitates police violence against African Americans. The Article challenges the standard account of Terry v. Ohio— the case that constitutionalized stop-and-frisk—and argues that, in addition to eroding the probable cause standard on which Fourth Amendment law has historically rested, the...

The Puzzle of Social Movements in American Legal Theory

In one of the most striking developments in American legal scholarship over the past quarter century, social movements have become central to the study of law. Why has this happened? To answer the question, this article provides an original account of progressive legal theory that reveals how the rise of social movements is a current response to an age-old problem: harnessing law as a force for...