David Kairys

The politics of law : a progressive critique

* Introduction David Kairys Traditional Jurisprudence And Legal Education * The History of Mainstream Legal Thought Elizabeth Mensch * Legal Education as Training for Hierarchy Duncan Kennedy Selected Issues And Fields Of LawLitigation and the Legal Process * Politics and Procedure Martha Minow * Going to Court: Access, Autonomy, and the Contradictions of Liberal Legality Austin Sarat * Gay Rights and Identity Imitation: Issues in the Ethics of Representation Janet E. Halley The Quality of Life * Health Law Rand E. Rosenblatt * Environmental Law Gerald Torres Liberty * Freedom of Speech David Kairys * The Indivisible Framework of International Human Rights: Bringing It Home Rhonda Copelon Property * Property Joseph William Singer * The Stakes of Intellectual Property Law Keith Aoki Equality * Law and Race in Early America W. Haywood Burns * Antidiscrimination Law from 1954 to 1989: Uncertainty, Contradiction, Rationalization, Denial Alan Freeman * Race and Affirmative Action: A Critical Race Perspective Charles R. Lawrence III * Womens Subordination and the Role of Law Elizabeth Schneider and Nadine Taub * A Black Feminist Critique of Antidiscrimination Law and Politics Kimberl Crenshaw Crime and Justice * Crime and Punishment in the United States: Myths, Realities, and Possibilities Elliott Currie * Two Systems of Criminal Justice David Cole * Police Practices David Rudovsky Personal Injury * Torts Richard L. Abel * The Rise and Early Progressive Critique of Objective Causation Morton J. Horowitz Business * Contract Law as Ideology Jay Feinman and Peter Gabel * Contract Versus Politics in Corporation Doctrine William H. Simon Labor and Social Welfare * Critical Theory and Labor Relations Law Karl E. Klare * Welfare and Legal Entitlements: The Social Roots of Poverty Lucy A. Williams The Role and Structure of Government * The Political Tilt of Separation of Powers Jules Lobel * Redistribution and the Takings Clause Molly S. McUsid Progressive Approaches To The Law * Some Critical Theories of Law and Their Critics Robert W. Gordon * Language and the Law: Literature, Narrative, and Legal Theory Jane B. Baron and Julia Epstein * The Radical Tradition in the Law Victor Rabinowitz * The Sex of Law Frances Olsen * The Role of Law in Progressive Politics Cornel West

Jury Representativeness: A Mandate for Multiple Source Lists

Most of the unrepresentativeness in our jury systems is attributable to the unrepresentativeness of the source lists, which are usually compiled only from voter registration lists. This Article argues that the Constitution mandates representative and inclusive jury selection processes. It attempts to quantify standards for inclusiveness and representativeness, and suggests inexpensive means by which these goals can be achieved through the use of multiple lists.

Fair Numbers of Peremptory Challenges in Jury Trials

Abstract We propose a model for determining the appropriate number of peremptory challenges for each party to a jury trial to ensure fairness. We suppose that all jurors not removed for cause may be thought of as in one of three categories: biased against the prosecution/plaintiff, biased against the defense, and fair. We propose that a fair number of peremptory challenges for a side is that number sufficient to challenge all jurors biased against it, with a certain probability. Given estimates for the various parameters in the model, an exact algorithm, and an approximation are proposed and illustrated.

Law and the Rise of Capitalism

Originally published in 1977 and translated into Spanish, Portugese, Greek, and Chinese, Law and the Rise of Capitalism examines the role of law and lawyers in the European bourgeoisies conquest of power. From the scattered urban uprisings of the eleventh century to the English and French revolutions, Michael Tigar traces this history using charters, letters, statutes, and other primary sources.Against a backdrop of seven hundred years of bourgeois struggle, Tigar weaves a Marxist theory of law and jurisprudence based upon the Western experience. Contradicting R.H. Tawney and Max Weber, he shows that the legal theory of the insurgent bourgeoisie predated the Protestant Reformation and was a major ideological ingredient of the bourgeois revolution and also helps explain todays revolutionary movements.In a compelling new introduction, Tigar discusses the struggle for human rights in the historical context of the past two decades, drawing on his own experiences as a fighter for democratic rights in the United States, Europe and South Africa.