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Full-Text Articles in Law

Introduction To "Books", Margaret A. Leary Dec 2001

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that ...


Troxel And The Rhetoric Of Associational Respect, David J. Herring Jan 2001

Troxel And The Rhetoric Of Associational Respect, David J. Herring

Articles

A recent decision by the United States Supreme Court has brought into sharp focus important questions about the nature and extent of parents' prerogatives to dictate how their children are raised. In the case of Troxel v. Granville, the Court addressed a Washington third-party visitation statute that permitted "any person" to petition for visitation with a child. Under the statute, a petitioner had to allege that visitation would serve the child's best interest. A judge hearing such a petition could order visitation whenever he or she found that such visitation may serve the child's best interest.

The United ...


The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake Jan 2001

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

Articles

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women ...