Law Commons^™

The Fairness Doctrine And Pro-Natalism In Television, Myra Spicker

IUSTITIA

It is a premise of this paper that television reflects a pro-natalist bias in its promotion of the traditional female role in society, and that such bias is evident in both commercial advertisements as well as in dramatic presentations particularly on daytime television. Those who are opposed to a pro-natalist point of view will find it virtually impossible to air their opposition effectively. At best anti-natalist groups may be able to garner only meager financial resources to air spot commercials, but this is hardly adequate to combat the subtle onslaught of the opposition. Suggestions have been made that pro-natalist attitudes …

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 …

Correctional System Needs, Susan S. Cole

IUSTITIA

One of the most difficult and pressing problems now facing local, state and national leaders is the failure of the criminal justice system. There is ample evidence of the system's failure: during the years 1960 to 1969, when the population increased by 13%, crime increased 1487,' and it is still increasing. Yet, correctional institutions do not appear to be places where criminal behavior is changed or where offenders are rehabilitated. They appear to be, instead, places where offenders are exposed to the most advanced criminal techniques and the most extreme anti-social behavior. Recidivism rates are estimated as high as 8070.

Exploitation Of Migrants By Crew Leaders: A Proposal For Change, Roberta Getman

IUSTITIA

The agricultural industry, because of seasonal nature of crops, is unique in its use of labor. The required labor force fluctuates not only from year to year but from week to week, and day to day. Not as many laborers are required to weed and cultivate as are needed to plant and harvest. Inclement weather reduces the need for workers. The grower in Indiana needs an efficient means for ensuring a supply of labor for each season. Each spring between fifteen and twenty thousand Mexican- Americans come to Indiana to plant, cultivate, and harvest its crops. Traditionally, the work force …

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 …

Animals And The Law: A Selected Bibliography, Gerald Magavero

IUSTITIA

The literature of Anglo-American law regarding animals is almost totally devoted to the pragmatic study of the nature and extent of ownership of animals and the rights and responsibilities arising therefrom. This narrow view of the bond between men and animals is eloquently expressed in the confident and innocent assertion of William Blackstone that "In the beginning of the world we are informed by holy writ, the all bountiful creator gave to man dominion over all the earth, and over the fish of the sea, and over the fowl of air, and over every living thing that moves upon the …

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 …

Strategies For Change: Migrant Workers In Indiana, Louis Rosenberg

IUSTITIA

There are enormous problems which beset migrant workers throughout America. In an effort to come to grips with conditions of the downtrodden in Indiana a symposium was held recently on the campus of Indiana University which dealt with possible mechanisms for changing the inhuman plight of the farm worker. Wages, housing, and working conditions are major areas which account for the debased and squalid situation of the worker.

The Closing Circle: A Review Of Barry Commoner's Book, Robert L. Scott

IUSTITIA

Commoner's book provides an opportunity to review the problems of pollution and their causes in the social, political, and economic fabric of our society. This review also provides an opportunity to compare and contrast natural and social laws. From this examination of the problem of pollution and the interface between natural and social law emerge certain ideological concerns confronting Americans as a people.

Rip-Off Professionalism, Marilyn C. Zilli

IUSTITIA

In the February 1972 issue of PRO SE (National Law Women's Newsletter) an article entitled "Professional Rip-off" criticized the Women's Liberation Movement for producing what the authors call "grasping opportunists," "pleasant, reasonable, charming, and eternally submissive sell-out[s] " (page 4). They are referring to professional women and posit that because, in a capitalist society, professional status is a privilege enjoyed by few, the claim that all women will benefit from an improvement in the status of professional women could not be farther from the truth (page 4): "Instead of making women more 'equal,' the new female professionals make themselves more …

Literature And Law: How The Literary Quality Of A Political Statement Has Affected The Development Of Law In Tanzania, Robert L. Scott

IUSTITIA

The purpose of this inquiry is to demonstrate how the literary qualities of a political statement have contributed to the legal and economic development of an African nation.

It is my contention that a literary statement* is a useful tool in representing the process of events in a manner which reproduces the quality and character of the underlying reality. This more accurate reality is derived from the perspective of the artist who writes out of an experience common to his people, even though his expression is essentially a personal one: he writes according to his own sensibilities and is not …

The Application Of Legal And Business Policies To State Prison Industries, Daniel Pramuk, Gregory Robinson, William Rotzien

IUSTITIA

The Prison Industries (P.I.) division of the Indiana State Department of Correction presented the challenge of a business function that must be carried out to achieve policy goals established by the legislature. The legal constraints imposed upon P.I. present barriers unique to the regular business community, and yet, analysis of conventional business planning provides a starting point for an analysis of P.l's plan and its implementation, and provides a guide for posing alternative plans. The Pendleton Reformatory was chosen for observation of P.I. in operation and its relation to the prison as an institution.

The Kenyan Constitution And The Question Of Succession: The Influence Of A Strong Leader, Barbara Kelley

IUSTITIA

Mzee Jomo Kenyatta, President of the Republic of Kenya, is over eighty years of age. The prospect of the people of Kenya having to select a successor to President Kenyatta raises fundamental questions regarding the status of Kenya's constitution in terms of its having assumed, in the minds of Kenyans, the aura of legitimacy to the extent that they will accept its mandate as the supreme law. This paper will be an attempt to analyze, first, the process of legitimization of the Kenya constitution, specifically in regard to the provisions for succession to the presidency; and secondly, to ascertain what, …