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Articles 1 - 8 of 8
Full-Text Articles in Law
The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery
The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White
Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White
All Faculty Scholarship
In this Article I present a two-pronged analysis of vertical restraints, one in law and one in economics. By tracing the checkered legal history of vertical restraints, I show the marked changes recent antitrust decisions have wrought, in particular, by comparing the legal standards expressed by the Supreme Court in Monsanto Co. v. Spray-Rite Service Corp. with those in Business Electronics Corp. v. Sharp Electronics Corp and Atlantic Richfield Co. (ARCO) v. USA Petroleum Co. If through the latter two cases the Court has, for all practical purposes, created a category of per se legality for vertical price restraints, which …
The Violence Of Privacy, Elizabeth M. Schneider
The Violence Of Privacy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Reviews
The due process revolution has failed. Never mind that this verdict is an oversimplified exaggeration. It is closer to the truth than its opposite. Giving powerless, dependent, poor people property interests in their welfare benefits and the right to call those who exercise discretion over them legally into account does not magically cure the poverty, powerlessness, or dependency that motivated the extension of rights in the first instance. The optimistic view of legality that motivated much of the social activism of the late sixties and early seventies inevitably gives way before the reality of being poor.
Images Of Mothers In Poverty Discourses, Martha Albertson Fineman
Images Of Mothers In Poverty Discourses, Martha Albertson Fineman
Faculty Articles
This Essay focuses on the construction of the concept of "Mother" in poverty discourses. It addresses the role of patriarchical ideology in the process whereby a characteristic typical of a group of welfare recipients has been selected and identified as constituting the cause as well as the effect of poverty. I am particularly interested in those political and professional discourses in which single Mother status is defined as one of the primary predictors of poverty. This association of characteristic with cause has fostered suggestions that an appropriate and fundamental goal of any proposed poverty program should be the eradication of …
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye
Faculty Articles
This article draws upon the experiences of the Jerome N. Frank Legal Services Organization at Yale Law School to argue that, while litigation has a place in addressing both the problem of homelessness and the problems of the homeless, it must be placed within a broader context and supplemented by other, non-litigious, legal activity. Using as an example a lawsuit brought on behalf of homeless families in Connecticut, this article makes four observations which support the conclusion that litigation, used alone, is an ineffective means of addressing the problem of homelessness.
Court-Ordered Prenatal Intervention: A Final Means To The End Of Gestational Substance Abuse, Michael T. Flannery
Court-Ordered Prenatal Intervention: A Final Means To The End Of Gestational Substance Abuse, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …