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Objective Epistemology, Veiled Neutrality, and Surface Level Treatments of Race and Gender
04.10.2016
 
This is the point in the course in which the class considers whether negligence should be criminalized. As usual though the class discussion tends to focus on abstract and elusive notions of objectivity that erase the social context from the reality of the “facts.”
04.10.2016
 
This is one of the few cases in which you will see a robust dissent. Each of the dissenting opinions offers its own insight into what the majority either fails to consider or chooses to ignore.
04.10.2016
 
No one seriously disputes that the effects of the criminal justice are racially biased. However, some law professors attribute that bias to a background of deep social inequality while others dismiss this social background as playing an insignificant role. There was inequality. Then there was not. More or less, the problems that exist in poor communities of color are problems of their own making.
04.10.2016
 
From the perspective of a “reasonable person” suffering from battered women’s syndrome would it not be reasonable to conclude that the state government could not help you when you, as a victim of domestic violence, have already requested help to no avail?
04.10.2016
 
It’s this cloud of death combined with society’s already entrenched homophobia that colored the proliferation of HIV crime statutes to regulate the sexual behavior of LGBTQ people.
04.10.2016
 
This is the one case in the first-year Criminal Law course in which professors are more likely than not to bring out the racial context of the case. If the professor does not mention it, then they probably should not be teaching criminal law.
04.10.2016
 
If you feel uncomfortable with the use of the “Socratic method” in the classroom, you are not alone. Aside from the fact that the use of the “Socratic method” does not accurately represent its practice in Plato’s dialogues, the method has no methodologically proven effectiveness in terms of learning outcomes.
04.10.2016
 
The treatment of this case in the 1L curriculum (and other rape law cases) often only considers this area of the law for a week or two without attention to reality.
03.10.2016
 
Law is what a society makes it; it serves a social function. If this is true then an important question to ask yourself, is “Whom does it serve?” Remember this question. Throughout your 1L experience, you will encounter many professors who are well meaning but fail to teach the law in its sociohistorical context. They do not teach the law; they teach one particular model of it.
03.10.2016
 
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