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Full-Text Articles in Law
Anti-Essentialism And The Work/Family Dilemma, C. Albiston
Anti-Essentialism And The Work/Family Dilemma, C. Albiston
Catherine R. Albiston
Presents an article focusing on social policies addressing work and family issues among women. Information on the family leave master narrative that underlies calls for paid family leave policies; Media discussions about working women solving the work and family conflict by opting out of employment to stay home and care for their children; Advantages offered by structural approaches over antidiscrimination measures based on formal equality.
The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston
The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston
Catherine R. Albiston
This article expands upon the idea that repeat players influence the development of law by settling cases they are likely to lose and litigating cases they are likely to win. Through empirical analysis of judicial opinions interpreting the Family and Medical Leave Act, it shows how the rule-making opportunities in the litigation process affect the development of law and the judicial determination of statutory rights. In addition, the article explains how early judicial opinions might influence later judicial interpretations of the law. Although individuals may successfully mobilize the law to gain benefits in their disputes, that success often removes their …