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The Calm After the Storm: 45 Years of the ABA Young Lawyers Division’s Disaster Legal Services Program
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A Euclid Dissent
Get PDFIn Euclid v. Ambler Realty, the Supreme Court upheld the constitutionality of zoning, including zoning that excluded apartment houses and retail businesses. Although the decision was not unanimous, the Euclid minority did not write a formal dissent. The purpose of this article is to show what such a dissent should have looked like
Foreword to LatCrit 2017 Symposium: What’s Next? Resistance Resilience and Community in the Trump Era
No full textIn this Foreword, we strive to contextualize “LatCrit XXI: What’s Next?” against the backdrop of two crises: the current political crisis in the United States and the continuing crisis of scarcity that impacts the legal academy. Through an examination of these crises, we will reveal how LatCrit scholars, in their efforts to build community and in their commitment to critical outsider scholarship, are part of the constellations of resistance that struggle against el mundo malo. We will argue that LatCrit has become a necessary institution for those seeking to engage in persistent resistance and dissent in the critical and progressive community of scholars at home and abroad. While there are many real material improvements in the lives of subordinated persons in the United States, there is no doubt that the Presidential Election of 2016, with its embrace of a candidate who spoke what dog whistles only alluded to, is part of a violent and destructive backlash against minorities who have long been subject to the violence of exclusion and disenfranchisement
Fashioning an Effective Negotiation Style: Choosing Between Good Practices, Tactics, and Tricks (GTT Framework)
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The Constitution as Poetry
Get PDFBuilding upon a body of scholarship that compares constitutional interpretation to biblical and literary interpretation, and relying on an insight from a prominent nineteenth century rabbinic scholar, this Article briefly explores similarities in the interpretation of the Torah—the text of the Five Books of Moses—and the United States Constitution. Specifically, this Article draws upon Rabbi Naftali Zvi Yehudah Berlin’s (“Netziv”) intriguing suggestion that the interpretation of the text of the Torah parallels the interpretation of poetry. According to Netziv, this parallel accounts for the practice of interpreting the Torah expansively in ways that derive substantive legal rules and principles far beyond those found in the relatively narrow wording of the text. Moreover, Netziv explains that deriving these interpretations, which, at times, seem far removed from the literal reading of the text, requires a level of technical expertise similar to the skilled literary analysis necessary for thorough, thoughtful, and meaningful interpretation of poetry.Based on Netziv’s insight, this Article focuses on two methods of interpreting the Torah and the Constitution that may otherwise appear to present an anomalous approach to understanding a legal text, but which are standard and important methods of literary analysis when applied to poetry: first, the expansive interpretation of a provision, a brief phrase or, at times, a single word, to establish a wide-ranging set of principles and ideas; and second, somewhat conversely, the interpretation of a provision, seemingly stated in categorical terms, but understood to incorporate qualifications, limitations, and exceptions. In either case, both the Jewish legal system and the American legal system accept the authority, if not the competency, of judicial experts to understand, interpret, and apply the text in ways that may not be apparent, and that may be difficult to accept outside the technical practices of biblical and constitutional exegeses. Finally, and perhaps as a further justification for these methods of interpretation, this Article concludes with the observation that, beyond their literary forms, the Torah and the Constitution share poetry’s design to function as a timeless text, susceptible to meaningful application and containing important lessons for the foreseeable—and unforeseeable—future
