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Full-Text Articles in Law

Factless Jurisprudence, Darren Hutchinson Dec 2002

Factless Jurisprudence, Darren Hutchinson

Darren L Hutchinson

No abstract provided.


Unexplainable On Grounds Other Than Race: The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Hutchinson Dec 2002

Unexplainable On Grounds Other Than Race: The Inversion Of Privilege And Subordination In Equal Protection Jurisprudence, Darren Hutchinson

Darren L Hutchinson

In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and powerful groups in our country, while at the same time requires traditionally subordinated and oppressed groups to utilize the political process to seek redress for acts of oppression. According to Professor Hutchinson, this process allows social structures of oppression and subordination to remain intact.

First, Professor Hutchinson examines the various …


Equality In The Virtual Workplace, Michelle A. Travis Dec 2002

Equality In The Virtual Workplace, Michelle A. Travis

Michelle A. Travis

This article places the sociological data on telecommuting into a theoretical context in an attempt to resolve a current split in feminist work/family conflict jurisprudence. Some legal feminists argue that women's workplace inequality is largely the result of forces external to the workplace - i.e., learned or inherent differences in women's propensity to perform carework. Other legal feminists argue that women's workplace inequality is largely the result of forces internal to the workplace - i.e., workplace structures and practices that exclude most women from the most desirable jobs. This article argues that the telecommuting data supports the latter theory, rather …