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College of Law Faculty Scholarship

Public Law and Legal Theory

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Full-Text Articles in Law

How The Rich Stay Rich: Using A Family Trust Company To Secure A Family Fortune, Iris Goodwin Feb 2013

How The Rich Stay Rich: Using A Family Trust Company To Secure A Family Fortune, Iris Goodwin

College of Law Faculty Scholarship

Abstract HOW THE RICH STAY RICH: USING A FAMILY TRUST COMPANY TO SECURE A FAMILY FORTUNE Iris J. Goodwin Associate Professor, University of Tennessee College of Law This Article is about family trust companies and the role they play in preserving great fortunes. A family trust company is a corporation formed to provide fiduciary services to a related group of people, in contrast to banking institutions established to offer similar services to a larger public. The province of the mega-rich (who remain very much upon the American landscape, the recent economic crisis notwithstanding), these entities have received scant attention from …


Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks Sep 2011

Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks

College of Law Faculty Scholarship

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: “If You Don’t Aim to Please, Don’t Dress to Tease,” and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer (Jennifer L. Greenblatt, 14 TEX. J. ON C.L. & C.R. 1 (2008)). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …


Of Woman Born? Technology, Relationship, And The Right To A Human Mother, Jennifer S. Hendricks Sep 2011

Of Woman Born? Technology, Relationship, And The Right To A Human Mother, Jennifer S. Hendricks

College of Law Faculty Scholarship

This article explores the legal implications of a scientific fantasy: the fantasy of building artificial wombs that could gestate a human child from conception. It takes as its touchstone a claim by sociologist Barbara Katz Rothman, who writes, “Every human child has a right to a human mother.”

While the article discusses the legal principles that would apply to artificial wombs, it is skeptical about the technological possibility of artificial wombs in the foreseeable future. Accordingly, the focus of the article is the effect that the fantasy of artificial gestation has on the legal discourse around pregnancy and reproduction today. …


Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks Sep 2011

Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks

College of Law Faculty Scholarship

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the “health exception” to abortion regulations to show why equality arguments are needed—because our legal tradition's conception of liberty is based on male experience, and we have no theory of basic human rights grounded in women's reproductive experiences. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom because they require that pregnancy and abortion be analogized to male experiences. The result is that equality arguments focus on either the bodily or the social …