Digital Commons Network^™

Judge Harold Baer's Quixotic Crusade For Class Counsel Diversity, Michael H. Hurwitz

Michael H Hurwitz

In this comment, the author discusses the recent rulings of U.S. District Court Judge Harold Baer, Jr. directing that proposed class counsel provide evidence of its racial and gender diversity. After summarizing the provisions of Rule 23(g) of the Federal Rules of Civil Procedure that govern the appointment of class counsel, the author analyzes Judge Baer’s rulings in light of Rule 23(g)’s requirements. The author concludes that Judge Baer’s rulings are inconsistent with the Rule’s requirements and, instead, represent the judge’s effort to impose his own policy views over the interests of the class members served by the Rule’s narrow …

Employee "Free" Choice In The Mirror Of Liberty, Fairness And Social Welfare, Harry G. Hutchison

Harry G. Hutchison

The publication of Richard Epstein’s book, THE CASE AGAINST THE EMPLOYEE FREE CHOICE ACT provides an opportunity to reconsider (A) the movement to displace the regime of judge-made law that had previously governed labor relationships, (B) the purpose of the NLRA and (C) the revolutionary implications of the effort to transform the NLRA into a law that places its thumb on the scale in favor of unionization. Describing the central provisions of the Employee Free Choice Act (EFCA), its economic consequences, its constitutional implications, and its connection to the decline of unionism, Epstein offers a balanced portrayal of the EFCA …

Legal Discrimination? Reasons Behind Low Levels Of Female Partnership In Law Firms And How To Correct It, Jeffrey L. Gower

Jeffrey L Gower

As the legal profession gradually reaches equality in numbers among male and female practitioners, the percentage of female law firm partners remains at relatively low levels. Equity partnership in a law firm remains the last bastion of male dominance, shutting the door on sharing the wealth within the profession. As stated by Reichman and Sterling, compensation disparity is clearly the foundation of gender disparity. However, the increase in female attorneys has also brought about a critical mass of women who do not want to participate in the years of long hours and high billable hours that many firms require on …

Polarized Circuits: Party Affiliation Of Appointing Presidents, Ideology And Circuit Court Voting In Race And Gender Civil Rights Cases, Christopher R. Smith

Christopher R Smith

ABSTRACT Polarized Circuits: Party Affiliation of Appointing Presidents, Ideology and Circuit Court Voting in Race and Gender Civil Rights Cases This article seeks to examine the impact of Presidential party affiliation on the ideological voting patterns of Circuit Court judicial appointments within the context of race and gender civil rights cases. The article assesses two hypotheses regarding Circuit Court judicial voting patterns in race and gender civil rights cases: 1) That the ideological voting gap between Democratic appointed Circuit Court judges and Republican appointed Circuit Court judges has widened over time within the context of race and gender civil rights …

Women, Decision Making And Sustainability: Exploring The Experience Of The Badi Foundation In China, Shahla F. Ali, Lori M. Noguchi

Shahla F. Ali

Beginning in 1994, international conventions such as the Convention on Biological Diversity have increasingly encouraged the use of collaborative processes at the local level to manage and protect community resources. Participation on the part of women in particular, in such decision making processes has been advanced and supported by the International Conference on Population and Development (1994), the Beijing Declaration and Platform for Action (1995), the World Summit on Sustainable Development (2002), and the 2005 World Summit. While such international conventions do not have binding legal effect, such instruments provide a moral force acknowledging the pivotal role women play in …

Ophelia With Child: A Restorative Approach To Legal Decision-Making By Teen Mothers, Marie A. Failinger

Marie A. Failinger

Both the liberal and the traditional model for legal decision-making by teen mothers rest on concepts of agency and family that do not adequately account for adolescent development or family dynamics in extended family situations such as the infant-teen mother-grandparent triad. This article proposes that restorative justice models for teen mother decision-making in the public welfare context can more adequately address the concerns of teen mothers, their parents and their children.

Harvey Milk, Jane Roe, And James Brady: Why Civic Organizing Matters, Palma Joy Strand

palma joy strand

This Article presents a view of the civic underpinnings of law by examining how civic interaction or the lack of such interaction facilitates or inhibits sociolegal change. The Article begins with empirical observations of civic experience and engagement, which ground more general conclusions about the importance of civic relationships and civic networks as well as the way personal stories contribute to the creation of both. The Article then applies these conclusions to three currently contentious and unsettled issues: gay rights, abortion, and guns. As to gay rights, the “coming out” process identified with Harvey Milk has transformed the civic landscape, …

Women And Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Lack of clarity about the application of international law norms and inadequacies of existing regulatory regimes covering private military and security companies have reinforced concerns about transparency and accountability in respect of gender-related violence, harassment and discrimination. This chapter focuses on the main issues and legal concerns raised by the impact of the privatisation of war on women, both as PMSC employees and civilians. Part I highlights how armed conflict, civil unrest, occupation and transition have a detrimental effect upon the lives of women with particular reference to safety, displacement, health and economic disadvantage. Part II provides a summary of …

Secretly Falling In Love: America's Love Affair With Controlling The Hearts And Minds Of Public School Teachers, Kristin D. Shotwell

Kristin D Shotwell

The Protestant origins of American public schools, rigid gender roles, and obsolete legal doctrines combined to create a pubic identity for the female teacher as a chaste role model. This ideal of the teacher as an asexual, moral figure persists, and teachers continue to be discharged for private, legal behavior because it offends community morality. Drawing on work from religious, legal and educational historians, this article explores how Protestant values, coverture, male-only suffrage, and the spousal rape exemption led to the development of a stringent moral code for America’s earliest female teachers.

This article explores how teachers gained some due …

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Jennifer S. Hendricks

The Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court’s long struggle with the desegregation of public schools. This Article examines the decision’s implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …