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Catherine R. Albiston

Selected Works

Law

Discipline
Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Anti-Essentialism And The Work/Family Dilemma, C. Albiston Aug 2016

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 Sep 2013

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 …