Law Commons^™

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 Network Economic Effects Of Whiteness, Brant T. Lee

Brant T. Lee

In this Essay I demonstrate that a network economic analysis of race provides an important and intuitive explanation of racial inequality. In short, Whiteness is Microsoft's Windows operating system, or the QWERTY keyboard, or the standard (non-metric) measurement system, and it is difficult to dislodge for many of the same reasons. Network effects explain how (1) the establishment of a dominant market standard can be contingent on historical context, and it is not necessarily derived from superior intrinsic merit, and (2) a dominant standard exhibits strong self-reinforcing characteristics that can maintain the dominance of the standard in perpetuity, even in …

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 …

Codify -- Not Modify: Creditor Remedies And The Ohio Uniform Trust Code, Alan Newman, Richard E. Davis

Alan Newman

In a number of states that have considered the Uniform Trust Code (“UTC”), Article 5, "Creditor’s Claims; Spendthrift And Discretionary Trusts," has become a flash point of controversy. The prefatory note to the UTC states that much of the UTC is a codification of the common law of trusts, but that it also introduces a number of innovative provisions. UTC critics, on the one hand, claim that more than a hundred years of common law have been tossed aside, giving creditors greatly expanded abilities to reach through once impenetrable barriers that previously protected trust beneficiaries, while supporters, on the other …

Making A List And Checking It Twice: Must Tax Attorneys Divulge Who’S Naughty And Nice?, Richard L. Lavoie

Richard L. Lavoie

No abstract provided.

Ohio Uniform Trust Code Takes Shape, Alan Newman

Alan Newman

The Uniform Trust Code (UTC) has been under study in Ohio since shortly after its approval by the National Conference of Commissioners on Uniform State Laws in 2000. See, e.g., Susan S. Locke, et. al., Uniform Trust Code, 11 PLJO 49 (Mar./Apr. 2001); David M. English, The Uniform Trust Code (2000) and Its Application to Ohio, 12 PLJO 1 (Sept./Oct. 2001); and David M. English, The Uniform Trust Code (2000) and its Application to Ohio, 30 Capital University Law Review 1 (2000).

Substantial progress has been made towards the adoption of a modified version of the UTC in Ohio. At …

Direct Shipment Of Wine, The Dormant Commerce Clause And The Twenty-First Amendment: A Call For Legislative Reform, Lloyd C. Anderson

Lloyd C. Anderson

Many states prohibit out-of-state sellers of wine from shipping their product directly to consumers, but permit in-state wine producers to engage in such direct shipment. Recent lower federal court decisions have cast serious constitutional doubt upon the authority of a state to discriminate in this manner against wine producers and sellers from other states in favor of its own domestic wine industry. This issue appears headed for the Supreme Court of the United States in the near future. The outcome cannot be foreseen with certainty, but it is likely the Court will find this discrimination unconstitutional. ‘Twas not always so. …

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 …

Protecting The Interests Of Older Clients In Multi-Generation Representations, Carolyn L. Dessin

Carolyn L. Dessin

Estate planning is a field in which attorneys often represent members of the same family of different generations. This frequently leads to situations in which the family members have conflicting, or at least potentially conflicting, financial interests. Unfortunately, attorneys sometimes do not recognize the difficulties that such conflicting interests may cause until a full-blown fight develops between members of the family. At that point, the attorney may find himself open to a disciplinary complaint or a malpractice action, or, at the very least, a group of unhappy former clients.

Special concerns arise when one or more of the family members …

Subverting The Rule Of Law: The Judiciary’S Role In Fostering Unethical Behavior, Richard L. Lavoie

Richard L. Lavoie

No abstract provided.