WVCTI Law short response – Description
1. Read the entirety of Albiston’s “The Dark Side of Litigation as a Social Movement
Strategy”. Albiston contends that for popular movements seeking progressive social change,
there are drawbacks to civil litigation as a tactic in movement strategy. I invite you to
comment on any aspect of this article that interests you. My only requirements are 1) you
need to spell out what point of Albiston’s you are engaging, making sure to represent it as
accurately as you can, and 2) you need to express and justify your view, whether you are
agreeing or disagreeing (or something else) with Albiston’s perspective/argument/claim.
Write no fewer than 200 and no more than 300 words in total.
2. Carefully read the Stern article from Slate magazine, “Amy Coney Barrett Delivered a
Massive Victory for Native Rights” (available in the Mid-term exam materials module
folder). Justice Barrett is often characterized as a radical reactionary Originalist, but in the
instance of Haaland v. Brackeen she ruled in favor of federal government power and the
collective sovereignty of a subjugated minority. Given what the article reports about her
written opinion and given what Koppelman has to say about Originalism as an interpretive
methodology and as a sociolegal project, what might we surmise about the influence of
Originalism on Barrett’s ruling in this case? (Clearly there is no single correct answer to this
question, or even a single best way to attack this question. I ask only that you give a
compellingly argued and well written reply.) Finally, below I’ve excerpted a quote from
Tigar’s “The Development of Legal Ideology.” Even if it involves a highly creative and non-
literal use of the excerpt, remark briefly on how the quote might relate to Barrett’s
surprising—to some, anyway—ruling. Write no fewer than 200 and no more than 300 words
in total.
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