Robots—machines, algorithms, artificial intelligence—play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly become concerned with the fairness, accuracy, and humanity of these …
Various privacy law doctrines involve a reasonable expectation of privacy or similar analyses that take into account social privacy norms. For the most part, however, neither courts nor scholars have …
Read more “Leveling Up to a Reasonable Woman’s Expectation of Privacy”
Introduction On June 1, 2011, Mr. E.F.H.L., a native and citizen of Honduras, entered the United States without inspection and subsequently applied for asylum and withholding of removal based on …
Introduction In 2013, Colin Kaepernick led the San Francisco 49ers to the National Football League (NFL) Super Bowl.[1] That same year, LeBron James dominated the National Basketball Association (NBA) Finals …
PDF: Anuj C. Desai,[1] Is Title VII an “Anti-Discrimination” Law? Title VII of the Civil Rights Act of 1964 is commonly referred to as an “anti-discrimination” statute. At its core, …
On September 17, 2020, Donald Trump spoke at the so-called “White House Conference on American History.”[1] The conference mission, Trump explained, was to “clear away the twisted web of lies” …
Read more “Introduction to the Symposium: The Stakes for Critical Legal Theory”
On the first day of the first-year contracts class that I teach, I preview for the students both the general contours of the “blackletter law”[1] that we will be learning …
Read more “Reloading the Canon: Thoughts on Critical Legal Pedagogy”
The critique of rights has played a crowning role in critical philosophy. From Hegel to Marx, to Foucault and beyond—Duncan Kennedy, Christoph Menke, the contributors to this Symposium—the critique of …
Star date 2/7/2020. Author’s log. I received an email from our Co-Editor, the double barrels of Desautels-Stein, relating to the now-virtual symposium, What Should Critical Legal Theory Become?[1] The electronic …
Read more “The Pure Theory of Law is a Hole in the Ozone Layer”
Perhaps it is appropriate that critical legal theory—a genre of thought fascinated with contradictions and dedicated to unsettling orthodoxies—is itself in a contradictory and unsettled state today. Some of the …