Law Commons^™

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 …

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 …

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, …

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 …

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.

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.

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 …