Law Commons^™

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …

Toward A Critical Theory Of Female Criminality, Ann Curry Thompson

IUSTITIA

Twentieth-century theories about female criminality are the weakest link in conventional criminology, representing the most conservative and unscientific thinking about human nature and social organization. Traditional thinking about female criminality reflects the general inability of conventional theorists to examine categories of sex, race, and class oppression as determined by the basic social structure of a particular society and as they relate to deviance and crime. The result has been that female deviance has been analyzed solely in light of assumptions about women's biological nature. Whether there is indeed something distinctive about female crime which can be explained apart from a …

The Conflicts Between Female Inmates' Needs And Prisoners' Goals, Aline L. Mohr

IUSTITIA

A comparison of the purposes behind the existence of male and female institutions reveals that several common goals exist: custody, deterrence, and rehabilitation. An examination of these goals of women's prisons can be best understood in the context of whom they are aimed to serve. If the goals are to serve society alone, then the custody of female offenders is undoubtedly viewed as an accomplished goal, since society is protected and secure from the infliction of criminal acts by these female offenders. However, if the goals are directed at the inmates as well, deterrence of further criminal activity and rehabilitation …

Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison

IUSTITIA

What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …

Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh

IUSTITIA

It is difficult these days to find anyone who will deny that racial minorities have been discriminated against in the area of educational opportunities. Few will deny the desirability of enhancing these opportunities and increasing the number of minority persons in the various professions. But very few will agree on the means that are appropriate to accomplish this desirable end. Robert O'Neil has tackled the awesome task of pinpointing and evaluating the policy considerations that affect the tough choices involved in formulating standards for admissions to professional school programs that will promote academic quality but at the same time allow …

The Good Society And The Complexity Of The Structure Of Morality, Hector-Neri Castaneda

IUSTITIA

In this paper I have two main purposes: (i) to outline the most general structure of morality, which is the fundamental schema of a good society, and (ii) to indict most of the mainstream views in the history of moral philosophy for their unchecked tendency toward reductionism and oversimplification. The tendency to oversimplification appears both in the gathering of the data for philosophical theorizing and in the theorizing itself. I will also point out another major recurring error in moral philosophy. I envision the day when moral philosophers, after examining their ontological and their methodological assumptions, rally to the banner …

Sanctions And Deviance: Another Look, Herbert Kritzer

IUSTITIA

In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …

The Abused Child And His Parents, Richard David Young

IUSTITIA

Children in our society pass through a prolonged period of dependency during which they are taught the complex technological and social skills necessary for successful adult functioning. The child's experiences during this period can have profound effects on the development of his potential for meaningful interpersonal relationships, competency, and creativity. The child's dependence needs are the complement of the caretaker's nurturance. When nurturance fails or is inconsistent, societal loss merges with individual tragedy. Yet nurturance does occasionally fail. Some of those charged with the care of children abdicate their responsibilities, and do not provide the physical and/or emotional necessities for …

Informed Consent And Medical Experimentation, George H. Martin Jr.

IUSTITIA

Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …

Marriage In An Age Of Possibility: Joseph Epstein's Divorced In America, William I. Fine

IUSTITIA

Ever since the William Loud family first exhibited their marital difficulties on the Public Broadcasting Service, there has been a new direction in the popular literature on American divorce. In the past, the study of marital breakdown relied heavily on a foundation of case studies and empirical data. As society became more complex and variable, permutations from the basic theories became inextricably confused. Often the validity of a research technique would become a greater point of controversy than the results achieved. The product was a contradictory and prematurely dated body of knowledge in which no conclusive evidence could be assembled …

New Incentives For Middle Class Philanthropy: Radical Funding For The Public Good, Samuel M. Loescher

IUSTITIA

The recent expansions in membership and budget of the American Civil Liberties Union and, even more dramatically, the explosive funding by mail of newly-founded Common Cause and Public Citizen, all suggest the presence of evolutionary forces at work in the American political economy that are encouraging a renewal of middle class associations to monitor powerful institutions and to advocate in behalf of the relatively powerless.

The rash of whistle-blowing disclosures of citizen professionals which have alerted us to the multi-billion dollar wastage on C-5As and attack carriers, the existence of My-Lais, the military assemblage of dossiers on 30 million civilians, …

Two Hundred Years Later?, Yvonne Stam

IUSTITIA

The revival of feminism is in many ways different from its earlier stage, although this may in large part be due to what the early feminists accomplished. They were more concerned with substantive legal change-property rights, child custody, divorce, suffrage, and others. In addition to filling in some of the substantive right gaps, we today are more concerned with social attitudes and the exercise of legal rights. Although modern-day feminists have advocated the passage of some reform legislation particularly, the Equal Rights Amendment, much of the focus of the movement is on social and cultural changes.

The Equal Rights Amendment As An Instrument For Social Change, Lynn Andretta Fishel, Clarine Nardi Riddle

IUSTITIA

"The Equal Rights Amendment: Will it do so little, we don't need it -or so much, we shouldn't have it?"

The paradox stems from the arguments of the groups who oppose the Equal Rights Amendment (ERA). On one hand, they claim that the 14th Amendment and Title V1II provide all the tools women need, so the ERA won't be able to accomplish anything uniquely significant. On the other hand they contend, with even greater fervor, that the ERA will be so powerful it will destroy the fabric of society. The paradox is not altogether ludicrous, however, when it is recognized …

Sexism In Special Education, Patricia H. Gillespie, Albert H. Fink

IUSTITIA

The educational establishment is now reflecting the concerns of womanhood. Grudgingly, and even painfully, it seems to some, the large and complicated system of formal education acknowledges the existence of practices which are sexist both in conception and operation. At one level this sexism is directed, at many levels of awareness, toward the functionaries of the system. The economic oppression of teachers, who are mostly female, is an obvious expression of the phenomenon. Another benchmark is the limited career development opportunities available to women as educational managers and academics.

At yet another level, not the less dangerous for being more …

Present Status Of Women In Professional Athletics, Debra Gaber

IUSTITIA

The life of a female professional athlete in many ways seems undesirable. Attitudinal pressures and societal demands coupled with the rigors of competitive sport make a female pro's life draining, if not oppressive. On the outside there may appear a gleam of happiness as a photographer catches a pro in action during her moment of glory. Magazine articles assume by inference that being "number one" is glamorous and highly desirable. It does mark a tremendous achievement in an athlete's life, but for a female athlete, "getting there" is almost a nightmare. No female professional is without some battle scars.

Our …

The Black Woman: The Pr E-Decisional Stage, Phyllis Jackson

IUSTITIA

This discussion is leveled at all black people at all stages of awareness and committment. Essentially it proposes a view of a method of inquiry before making a decision. It asks that people move from molecular level questions to molar level questions. These molar level questions will form a basis of inquiry during the pre-decisional stage which has the triple function of relating ideas with ideas, ideas with experience, and experience with experience. Molecular questions, on the other hand, do not call for investigation but rather "yes" or "no" answers. The black woman, as a subject of unusual interest, provides …

Responses, Margaret Shaffer, Marilyn C. Zilli, Linda Lanam, Karen Cutwright, Sharon Wildey

IUSTITIA

Editor and author comments on articles from this issue.

Stranger In Our Midst: The Working Class Woman, Yvonne Van Der Klip Stam

IUSTITIA

Although some of the concrete goals of women's liberation such as adequate available day care for children are important to women of both the blue collar and middle classes, the philosophy expressed by the movement is not calculated to attract the working class woman. Two incomes may be increasingly necessary to the middle class family, and an increasing number of middle class women are now supporting their children alone, but the movement speaks of freeing women fiom child care to pursue a career, an idea which does not speak to a blue collar woman concerned with getting a job to …

Editor's Introduction -- Lustitia On Women, Sharon Wildey

IUSTITIA

One positive aspect of a newly organized publication is the opportunity for experimentation. With this issue, lustitia will for the first time be devoted to one area of current social concern-the Women's Movement.

Women's struggle for equality is not a recent phenomenon in this country but a recurring one. Thus, in the early 1970's we find women struggling with many issues, new and old.

The editors of this issue present to the readers some of the frontier issues of the Movement today.

Feminism And The Legalization Of Prostitution: How Far Down The River?, Marilyn C. Zilli

IUSTITIA

One of the most telling issues on the state of the women's movement today is that of the legalization of prostitution. It would be inappropriate to say that the issue has caused a breach in the ranks: the term is inapplicable to a movement which has never claimed coherency and which has, in fact, consistently demonstrated an inability to reconcile the views of its various factions. The prostitution issue is important, rather, precisely because it underscores these differences of analysis and tactics which have appeared in other areas and the splits between white middle class liberal women, radical feminists, marxist …

The Liberated Black Woman: A Question Of Black Power And Nationalism, Gail E. Bingham

IUSTITIA

The role of the Black woman in the liberation of womankind must first be clearly defined to establish the context in which the term "liberation" is used before discussion of the subject can have any significance. If by the term "liberated," it is meant the throwing off of some kind of yoke of oppression and dehumanization invoked by men which often reflects itself in unequal opportunities and pay scales, particularly in the professional world, then it is highly questionable that the Black woman needs this type of liberation as the ultimate object of her energies and concern.

If on the …

The Beginning Of The Women's Movement In Fitchburg, Massachusetts, 1962, James Wade

IUSTITIA

No abstract provided.

A Comment On Professor Hook's Paper, Julius G. Getman

IUSTITIA

I start with the concession that much of what Professor Hook says is true. Not to recognize this would be folly. Hook's condemnation of academic violence is necessary, justified, and important. Ultimately, however, the picture he draws and the conclusions he states are misleading.

Academic freedom is indeed in jeopardy, but not merely from the internal sources Hook mentions. Outside pressures exist as well. Professor Hook suggests that by establishing a criminal law system, universities can successfully cope with student violence. Having been involved at almost every level of the internal judicial process at the university, I am convinced such …

A Comment On Dean Sovern's Paper, Patrick L. Baude

IUSTITIA

As I understand Mr. Sovern's proposition, we ought to expect a protest group to be at its most effective in court, since in the United States, adjudication is a widely and deeply respected method of resolving conflict and of presenting claims, of taking part in the shared traditions of decency and civility and law. If you want to avoid being criticized for impermissible methods, writing a brief is one of the easiest ways to avoid it. It doesn't involve rock-throwing, shouting, or even picketing. Yet, at this very place where one would expect a protest group to be most effective, …

A Variety Of Perspectitives: An Introduction, Clarine Nardi Riddle

IUSTITIA

The writers of the subsequent essays in response to "The Corner" present the problems, insofar as their persuasions permit, and analyze and solve them according to their disciplines. In so doing, the writers offer the beginnings of a variety of resources for consideration without pretending to provide exhaustive solutions.

Higher Education: The Black Professional, Donald H. Godbold, Andrew Goodrich, William Moore, Jr.,

IUSTITIA

The black professional in the community college is a catalog of contradictions. His or her condition can only be described as tragic; and his or her plight is a travesty on the philosophy of the two-year college. The preliminary findings of one study in progress note that nearly half (409 or 47 per cent) of the 865 two-year institutions included in the sample do not have a single black faculty member or administrator. Eighty-nine of the remaining 456 colleges have only one black staff member. Similarly, there are a number of community colleges located in areas heavily populated by blacks …

How Citizens Can Use The Initiative Power, Robert L. Scott

IUSTITIA

The purpose of this discussion is to demonstrate how the initiative power may be employed by citizens wishing to pass a law independent of the state legislature. Although the initiative power is granted in many state constitutions, in the past it has been used sparingly. However during these days of political activism the initiative power has been given new vitality. For example, in the area of environmental law it has been employed by citizens groups in such states as California, Illinois, and Wisconsin to reserve greater individual rights against environmental polluters.

Protest: A Forensic Concept, L. Michael Kosanovich

IUSTITIA

Today's police administrators need administrative policy statements that can be easily followed by individual officers in reacting to civil disorders.' Historical analysis reveals a system in which the police have deepened racial divisions in the United States by failing to cope with problems in ghetto areas. Employing careless policies, sometimes initiated by the police chief and other times initiated by the individual officer, the police have shown weaknesses in two major areas. First, the police have no established procedures to follow when civil disturbances erupt. Second, the police have over-reacted to civil disturbances, apparently manifesting anti-black fury by means of …

America And Reconsruction, Thomas B. Grier

IUSTITIA

Reconstruction has variously been termed "repressive. . . uncivilized" and "a sordid time" as well as "a noble experiment." Reflected in those judgments of the era is the dispute over the effects of Reconstruction. To be more correct, one might say that there has been much conjecture in determining what, in fact, Reconstruction was. Questioned also has been the role of the black man during the period; much of what he did, or was responsible for, has, like Reconstruction itself, been subject to many and varied accounts and evaluations. The intent of this paper is to examine several volumes concerned …