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Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner 2020 Emory University School of Law

Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner

Boston College Law Review

Anita Bernstein’s important new book argues that the common law might be used to advance women’s liberation. In this short essay, I analyze Bernstein’s three modes of historical analysis: redeeming the common law where it enforced oppression, recovering it when it promoted women’s rights, and facilitating its evolution toward a feminist future. I argue that Bernstein’s account, though learned and compelling, sidelines the centrality of patriarchy to the common law. Adopting the liberty of the patriarch cannot realize true freedom for women. By appropriating common law doctrines, feminists risk forging a conceptual alliance with the ...


Redefining Immutability: A Door To The Ostracized, Adriana Domingo 2020 DePaul University

Redefining Immutability: A Door To The Ostracized, Adriana Domingo

DePaul Journal for Social Justice

No abstract provided.


The Promise Of Executive Order 11246: “Equality As A Fact And Equality As A Result”, Jane Farrell 2020 DePaul University

The Promise Of Executive Order 11246: “Equality As A Fact And Equality As A Result”, Jane Farrell

DePaul Journal for Social Justice

No abstract provided.


Conversations From Invisible Neighbors: Fighting The Stigma Of Homelessness In Chicago, DePaul Panel 2020 DePaul University

Conversations From Invisible Neighbors: Fighting The Stigma Of Homelessness In Chicago, Depaul Panel

DePaul Journal for Social Justice

No abstract provided.


Cedaw Disapproves: The United States’ Treatment Of Transgender Women In Prisons, Victoria Harrison 2020 DePaul University

Cedaw Disapproves: The United States’ Treatment Of Transgender Women In Prisons, Victoria Harrison

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2020 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


The Indigenous Decade In Review, Christine Zuni Cruz 2020 University of New Mexico School of Law

The Indigenous Decade In Review, Christine Zuni Cruz

SMU Law Review Forum

This Article considers the decade, 2010 to 2019, in respect to indigenous peoples in the United States. The degree of invisibility of indigenous peoples, in spite of the existence of 574 federally recognized tribes with political status, is a central issue in major cases and events of the decade. Land and environment, social concerns, and collective identity are the three areas through which this Article considers the decade. The Declaration on the Rights of Indigenous Peoples, endorsed in 2010, sets a measure for the nation-state’s engagement with indigenous peoples possessed of self-determination. The criticality of a new place in ...


Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church 2020 University of Michigan Law School

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

SMU Law Review Forum

Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.


Erasing Race, Llezlie L. Green 2020 American University Washington College of Law

Erasing Race, Llezlie L. Green

SMU Law Review Forum

Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hour exploitation in broader racial subordination frameworks. This Essay considers the narratives that have informed the detachment of racial justice from the worker exploitation narrative and the distancing of economic justice from the civil rights narrative. It then contends that social movements, like the Fight for $15, can disrupt narrow understandings of low-wage worker exploitation and proffer more nuanced narratives that connect race, economic justice, and civil rights to a broader anti-subordination ...


Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs. 2020 Northern Michigan University

Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.

Conspectus Borealis

No abstract provided.


Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint 2020 University of the District of Columbia David A. Clarke School of Law

Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint

University of Michigan Journal of Law Reform

Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging ...


Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson 2020 Seattle University School of Law

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and ...


Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs 2020 Northwestern Pritzker School of Law

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment ...


Examining Court Appointed Special Advocate Programs In Essex County, Massachusetts, Lauren Persson 2020 Merrimack College

Examining Court Appointed Special Advocate Programs In Essex County, Massachusetts, Lauren Persson

Criminology Student Work

Court Appointed Special Advocates (CASA) have been advocating for children for decades. The primary goal of CASA is to help children in need achieve a better life outcome. Volunteers go through extensive training to ensure the children will receive proper court advocacy. Merrimack Valley CASA provides services to their clients, such as court advocacy, placement in permanent homes, appropriate educational opportunities, and improvement in a child’s overall wellbeing. The purposes of the current research are to examine the types of services and the perceived quality of those services provided by CASA, to assess the needs of the program, and ...


States’ Evolving Role In The Supplemental Nutritional Assistance Program, David A. Super 2020 Georgetown University Law Center

States’ Evolving Role In The Supplemental Nutritional Assistance Program, David A. Super

Georgetown Law Faculty Publications and Other Works

States have always been crucial to the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). Even though the federal government has paid virtually all the program’s benefit costs, state administration has always been indispensable for several reasons. State and local governments pay their staff considerably less than the federal government, making state administration less expensive. States already administer other important antipoverty programs, notably family cash assistance and Medicaid, allowing them to coordinate the programs and minimize repetitive activities. And states have somewhat lower, and less polarizing, political footprints than does the federal government, moderating criticism of the program. In ...


Conclusion: A Way Forward, Peter B. Edelman 2020 Georgetown University Law Center

Conclusion: A Way Forward, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

Where do we go next? I have three suggestions. One is to enlarge the frame of our work on poverty and race, including a focus on the ever-widening chasm of inequality, and all of it pressing toward the center stage of national attention. A second is to consolidate our work about income, jobs, and cash assistance into a unified frame, which I call a three-legged stool. And the third is to think from a perspective of place, and what that tells us about our antipoverty work.

We need a banner, a message, a theme, a politics for ending poverty. The ...


Against The ‘Safety Net’, Matthew Lawrence 2020 Penn State Dickinson Law

Against The ‘Safety Net’, Matthew Lawrence

Matthew B. Lawrence

Jack Kemp and Ronald Reagan originated the ‘safety net’ conception of United States health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Essay deconstructs the ‘safety net’ metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the ‘safety net’ as ...


Distributive Justice And Rural America, Ann M. Eisenberg 2020 University of South Carolina School of Law

Distributive Justice And Rural America, Ann M. Eisenberg

Boston College Law Review

Today’s discourse on struggling rural communities insists they are “dying” or “forgotten.” Many point to globalization and automation as the culprits that made livelihoods in agriculture, natural resource extraction, and manufacturing obsolete, fueling social problems such as the opioid crisis. This narrative fails to offer a path forward; the status quo is no one’s fault, and this “natural” rural death inspires mourning rather than resuscitation. This Article offers a more illuminating account of the rural story, told through the lens of distributive justice principles. The Article argues that rural communities have not just “died.” They were sacrificed. Specifically ...


The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor 2020 DePaul University

The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor

DePaul Journal for Social Justice

No abstract provided.


Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold 2020 DePaul University

Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold

DePaul Journal for Social Justice

No abstract provided.


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