Recent Articles
On “Self” Care
Suzanne A. Kim
The dominant answer to popular calls for self care in everyday discourse is a thriving eleven billion dollar industry. The self care economy encompasses workplace wellness programs, consumer goods and services, and entrepreneurship. This infrastructure revolves around commercial consumers and providers and advances through conceptions of health and well-being centered on individuals.
Despite their prevalence, the concept and provision of self care have gone underexamined in legal critiques of societal underinvestment in care. This Article fills this gap by exploring the social construction of the dominant contemporary conception of self care in the United States, one that continues to be construed within a solely individualized framework. Within this model, individuals’ encounters with care appear to arise in a vacuum— both in how care needs emerge and how care needs are addressed. (more…)
Un-fathering the Constitution
Lorianne Updike Toler
Constitutional law turns on Madison’s vision. This because Madison is universally acclaimed by the Supreme Court and legal academe as the Constitution’s father. However, Madison’s constitutional parentage sounds more in lore than logic.
A careful review of recent historiography, Madison’s own writings, and new analytics tools available on the Quill Project reveal Madison as much less important to the Constitution than previously thought. He did not bring about the Convention, did not write the Virginia Plan, and was not that influential at the Constitutional Convention. (more…)
Scènes à Faire: Cliché as Legislative Fact
Sarah Louise Bishop
In the last ten years, federal courts have quietly begun to apply copyright’s scènes à faire doctrine to dismiss infringement claims before party discovery has occurred. This move theoretically should not be possible, because applying the doctrine requires evidence of the conventions and tropes of the artistic genres at issue—something unlikely to be reflected in the parties’ pleadings.
This Article identifies this trend and explores the workarounds district courts use to achieve these dismissals without a factual record before them. The most common methods courts use are inconsistent with both the Federal Rules of Civil Procedure and Evidence and risk bias and baseless decisions. (more…)
News
Access to safe and affordable housing remains a challenge for millions of Americans. Historical and systemic factors, including redlining and discriminatory lending practices, have disproportionately affected minority communities, contributing to disparities in home ownership and exacerbating the housing affordability crisis. Unsafe or inaccessible rental housing, as well as rising rental costs, create additional barriers to housing security nationwide. While progress has been made due to the passage of the Fair Housing Act and other consumer protection laws, the affordable housing crisis and tenant rights’ violations persist. Moreover, the use of artificial intelligence in housing markets and public housing is raising new concerns. Leading scholars will discuss some of these problems and innovative efforts to address them. Participants will also share their predictions for future housing law and policy needs and make recommendations for how to move forward. (more…)
Connecticut Law Review has been ranked as the 50th flagship law review in the United States, according to the 2024 Law Journal Meta-Rankings. Connecticut Law Review improved 8 spots from its ranking in 2023 in order to break into the top-50 flagship journals in the nation in 2024. Professor Bryce Clayton Newell publishes Meta-Rankings of approximately 200 different flagship law reviews across the country, determining their rank based on the Washington & Lee Law Journal ranking, Google Scholar Metrics ranking, U.S. News Peer Reputation score, and U.S. News average 10-year overall school ranking. For more information and to see the full ranking, visit the Law Journal Meta-Ranking, 2024 Edition.
Announcements
Connecticut Law Review will host its first Proof Day for Volume 57 on August 24, 2024, at 8:30 AM in the Starr Reading Room. All members of CLR are required to attend unless previously excused.
Contact Us
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