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The Beecher Sisters As Nineteenth-Century Feminist Icons Of The Sameness-Difference Debate, Tracy A. Thomas
The Beecher Sisters As Nineteenth-Century Feminist Icons Of The Sameness-Difference Debate, Tracy A. Thomas
Tracy A. Thomas
This essay reviews the recent book, The Beecher Sisters by Barbara White, through the lens of feminist theory. It argues that each of the three great women chronicled in the book – Catharine Beecher, Harriet Beecher Stowe, and Isabella Beecher Hooker – serve as icons for each of the distinct strands of modern feminist thought. Barbara White, a professor emeritus of women’s studies at the University of New Hampshire, has given the field of women’s legal history a boost with her interdisciplinary contribution to the social and legal history of women. In The Beecher Sisters, White introduces us to each …
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
Tracy A. Thomas
This article is the first complete normative and descriptive treatment of the modern civil rights remedy -- the prophylactic injunction. The prophylactic remedy is a public law injunction that uniquely restricts legal conduct that is affiliated with, but distinct from, the illegal wrong. The United States Supreme Court has utilized prophylactic remedies for over forty years, and has used the prophylactic paradigm to shape its jurisprudence on Section 5 of the Fourteenth Amendment. Prophylaxis, however, remains an ambiguous concept in the eyes of most scholars and lawyers. This article attempts to fill the academic void by exploring the doctrinal and …
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy, Tracy A. Thomas
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy, Tracy A. Thomas
Tracy A. Thomas
This essay is part of a symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of "activist courts" and "judicial legislation" have colored the existing scholarship and portrayed remedial action as illegitimate …