社会性别准入与优化法律诊所教师培训模式研究

研究认为社会性别视角是社会性别主流化在法学教育尤其是诊所教育中的重要手段与突破口.通过文献研究与实证调查,发现有关探讨未进入、未成为学术主流.研究认为立足于社会性别视角,对诊所教师培训方法、针对性及可操作模式方面有改进之必要.推进我国法律教育改革与发展,须强化培训教师社会性别意识、法律思想与思维模式,从而建立对诊所教师长期且可复制的培训模式.在充分肯定诊所教育对法学改革推动作用的同时,研究认为应以社会性别视角引导诊所教师培训模式整合.研究力求汲取国外相关成功经验,从社会性别视角入手对诊所教师培训模式作出客观评析.研究在指出我国诊所教师培训模式存在的缺失与不足时,提出将社会性别视角导入诊所教师培训模式设定与整合工程之具体设想.     

Legitimacy, Social Identity, and the Mobilization of Law: The Effects of Assembly Bill 540 on Undocumented Students in California

This article examines the instrumental and constitutive effects of California Assembly Bill 540. The law grants undocumented immigrant students an exemption from out-of-state tuition, thereby making some forms of higher education more accessible. Despite the narrow actionable aspects of the law, it unintentionally legitimizes this disenfranchised group. This longitudinal study of undocumented immigrant youth consists of in-depth interviews before, shortly after, and four years after the passage of the law. The findings demonstrate that AB 540 immediately relieved stigma and later provided a socially acceptable identity that, within a legal consciousness informed by meritocracy, empowered these students to mobilize the law in a number of unforeseen ways. The case strongly suggests that it is possible for unintended constitutive functions to have more transformative effects on the daily lives of targeted beneficiaries than the intended instrumental objectives of law.     

“Friends as Foes: The Amicus Curiae Participation and Effectiveness of the American Civil Liberties Union and Americans for Effective Law Enforcement in Criminal Cases, 1969–1982”*

Scholars have long recognized that interest groups realize the importance of the courts as policymakers and as vehicles of social and political change. We examined the amicus curiae participation of the American Civil Liberties Union and Americans for Effective Law Enforcement in criminal cases before the Burger Court from 1969–1982. We found that AELE, a conservative law-enforcement organization, has been the most successful interest group as participant as amid. Moreover, we found that criminal law is yet another area of law in which interest groups are using the Supreme Court to achieve and protect their policy interests.