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Full-Text Articles in Law
The American Historical Review (April 2012) (Reviewing David Garland, Peculiar Institution: America’S Death Penalty In An Age Of Abolition, John Bessler
All Faculty Scholarship
No abstract provided.
Placing British Employment Law In Context, Michael Harper
Placing British Employment Law In Context, Michael Harper
Faculty Scholarship
It is probably fair to generalize that the best American legal scholarship in the fields of labor, employment, and employment discrimination law has found little inspiration in the study of comparative law. Hugh Collins’s analytic and insightful but succinct overview of British employment law — republished in 2010 in a second edition to account for significant developments in response to European Union law — should teach any perceptive American reader that this need not be the case. This two hundred sixty page volume demonstrates that studying how other developed countries have addressed common issues presented by the employment relationship …
Book Review: Broken Landscape: Indians, Indian Tribes, And The Constitution, Raymond Cross
Book Review: Broken Landscape: Indians, Indian Tribes, And The Constitution, Raymond Cross
Faculty Journal Articles & Other Writings
The author reviews Frank Pommersheim's book, Broken Landscape: Indians, Indian Tribes, and the Constitution. The author finds the book a deserving read because it recognizes that Indian law, when used thoughtfully and appropriately, can substantially assist the Indian peoples in their self-determination efforts. However, contrary to Pommersheim's suggestions in his introduction that Indian law's role is to ultimately free the Indian peoples from their dependency on the federal government, the author suggests that instead the Indian peoples themselves -- and not lawyers, courts, or legislatures -- must decide when, and if, they will choose to exit their present state …
The Politics Of Medicaid, Nicole Huberfeld
The Politics Of Medicaid, Nicole Huberfeld
Faculty Scholarship
Medicaid is the word on everyone's lips, not only because of the budgetary crisis many states are suffering, but also because the Supreme Court will decide two major cases regarding Medicaid this term, each of which has the potential to significantly alter the course of this long-standing safety net as well as the constitutional principles undergirding the program. Medicaid is a federal program that was intended to mainstream the very poor into the healthcare system by providing states with matching federal funds for particular expenditures on and provision of medical care. Without Medicaid, tens of millions of Americans would be …
Book Review | The Politics Of Medicaid By Laura Katz Olson, Nicole Huberfeld
Book Review | The Politics Of Medicaid By Laura Katz Olson, Nicole Huberfeld
Law Faculty Scholarly Articles
In this book review, Professor Nicole Huberfeld examines The Politics of Medicaid, by Laura Katz Olson, which was published in 2010 by Columbia University Press.
Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs
Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs
Articles
No abstract provided.
Renegotiating The Social Contract, Jennifer S. Hendricks
Renegotiating The Social Contract, Jennifer S. Hendricks
Publications
This review of The Supportive State: Families, Government and America’s Political Ideals highlights Maxine Eichner’s important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The review then considers some implications of Eichner’s proposals and their likely reception among feminists. It concludes that The Supportive State is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.