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Contract And Care, Martha Albertson Fineman

Chicago-Kent Law Review

The current social contract between individuals and society is flawed. The background rules in the social contract have changed as society changes; however, the social contract has not reflected those changes. Individuals and families have no one to help them with caretaking as the existing social contract does not recognize the burdens of caretaking. Society has a responsibility to help individuals with their dependency responsibilities as part of the social contract.

From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan Williams

Chicago-Kent Law Review

This Article introduces the notion of gender not as difference or as dominance, but as tradition. The work of Pierre Bourdieu and Judith Butler are tapped for insights into the cultural system that defines the relationship of market work to family work; the term "domesticity" is used to describe that system. Domesticity is presented as an important, if partial, model that offers crucial insights into the work/family axis of gender—and into the strengths and limitations of conceptualizing work/family issues in terms of "care." This Article argues that "care" is work, and distinguishes seven distinct types of care work.

Raced Histories, Mother Friendships, And The Power Of Care: Conversations With Women In Project Head Start, Lucie E. White

Chicago-Kent Law Review

This Article seeks to disrupt the polarized debate about care that is taking shape among feminist scholars. Drawing from ethnographic interviews with low-income wo- men in a South Central Los Angeles Head Start program, White sets forth a conception of care that is grounded in historical practices within African American communities for confronting race and gender violence, affirming each person's dignity and potential, and promoting social justice.

The Second Coming Of Care, Kathryn Abrams

Chicago-Kent Law Review

In this Commentary on White's article, Abrams examines the differences between two incarnations of the feminist conversation about care: an early version, that viewed care as a characteristic of, or emanation from, women; and a more contemporary version, that focuses on caregiving as an often undervalued social practice, central to the lives of many women but also performed by others. Abrams examines the ways in which White's article forms a bridge between these two moments, and also offers a new conception of law's relation to caregiving and other feminist goals: a view of law as enabling, rather than producing …

Abandoned Equity And The Best Interests Of The Child: Why Illinois Courts Must Recognize Same-Sex Parents Seeking Visitation, Laurie A. Rompala

Chicago-Kent Law Review

In Illinois, the Illinois Marriage and Dissolution of Marriage Act ("IMDMA") governs child custody and visitation issues. In the past, Illinois courts have adopted common law equitable principles to find standing for individuals who play significant parental roles in a child's life, and who seek visitation. Recognizing that it serves the best interests of the child, these courts have exercised their equitable powers to find standing for individuals who are the practical equivalent of parents. The Illinois Appellate court In re C.B.L. recently rejected this common law tradition when asked to find standing for a nonbiological lesbian co-parent seeking visitation. …

Court Review: Volume 38, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 1 - Courting Justice With The Heart: Emotional Intelligence In The Courtroom, Nancy Perry Lubiani, Patricia H. Murrell

Court Review: Journal of the American Judges Association

American culture certainly has a word for sadness. In fact, we have several words, depression, dejection, sorrow, melancholy, despondency, and even a few colloquial phrases: “the blues,” “down in the dumps.” Sadness is probably one of the mildest emotions that judges see in their courtroom. On any given day they might also see anger, frustration, fear, impatience, apathy, boredom, awe, respect, intimidation, perhaps even some of the more welcome emotions, such as happiness, relief, or even joy, and that is just when the judge is on the bench. The list could go on and on. Other aspects of judicial work …

The Ali Child Support Principles: Incremental Changes To Improve The Lot Of Children And Residential Parents, Leslie Joan Harris

Duke Journal of Gender Law & Policy

No abstract provided.

Changing The Meaning Of Motherhood, Martha M. Ertman

Chicago-Kent Law Review

Ertman responds to McClain's suggestion that we should alter our understandings of care for children to see it as a public value rather than a private responsibility. Ertman both echoes McClain's focus on the importance of finding theoretical and doctrinal grounds for remunerating the work that many primary homemakers do for their families and sounds a note of caution about the majoritarian morality that often accompanies public law solutions. In light of the downside of a public law focus, Ertman explores how private law mechanisms, or public-private hybrids, might serve as alternative means to get financial support to those who …

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

Washington Law Review

Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

Grandparent Visitation Rights In South Carolina In The Wake Of Troxel V. Granville, Ronald M. Mcmahan Jr.

South Carolina Law Review

No abstract provided.

Identity Crisis: “Intersectionality,” “Multidimensionality,” And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson

UF Law Faculty Publications

While essentialism remains a prominent feature of progressive social movements, critical scholars have offered persuasive arguments against traditional, single-issue politics and have proposed reforms in a variety of doctrinal and policy contexts. The feminist of color critiques of feminism and antiracism provided the earliest framework for analyzing oppression in complex terms. Feminists of color and other critical scholars have examined racism and patriarchy as “intersecting” phenomena, rather than as separate and mutually exclusive systems of domination. Their work on the intersectionality of subordination has encouraged some judges and progressive scholars to discard the “separate spheres” analysis of race and gender. …

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo

UF Law Faculty Publications

Except for limited provisions, Florida law does not establish a formal link between land planning and water planning. In light of the importance of water resources for the future development of the State, this is a significant "missing link."

This article explores the link between water management and land use planning. First, in Section II, this article provides an overview of water management in Florida. Then, in Section III, this article analyzes the differences between planning and regulatory permitting and asserts that both are needed for effective protection of water resources. Section IV reviews the current role that land use …

The Federal/Arkansas Water Pollution Control Programs: Past, Present, And Future, Walter G. Wright Jr., Albert J. Thomas Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Law—Statutes Of Limitation On Sexual Assault Crimes: Has The Availability Of Dna Evidence Rendered Them Obsolete, Amy Dunn

University of Arkansas at Little Rock Law Review

No abstract provided.

Public Health Law In South Africa, By Sundrasagaran Nadasen, Obijiofor Aginam

Indiana Journal of Global Legal Studies

No abstract provided.

Grandma Got Run Over By The Supreme Court: Suggestions For A Constitutional Nonparental Visitation Statute After Troxel V. Granville, Eric B. Martin

Washington Law Review

Every state in the Union has a statute allowing for court-ordered child visitation by non-parents. Until the summer of 2000, the U.S. Supreme Court had never ruled on the constitutionality of such statutes. When the Court finally tackled Washington's statute in Troxel v. Granville, the Court left the most significant questions unanswered, while casting doubt on the validity of Washington's statute. Prior to Troxel, the Washington Supreme Court had held Washington's nonparental visitation statute facially unconstitutional, finding that the statute violated the Fourteenth Amendment rights of parents. After granting certiorari, the U.S. Supreme Court held Washington's statute unconstitutional …

A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald

Indiana Law Journal

No abstract provided.

Trusting Doctors: Tricky Business When It Comes To Clinical Research, Frances H. Miller

Faculty Scholarship

This article examines the troublesome ethical dilemmas arising out of physician conflicts of interest in the context of research on human beings. It focuses on the inevitable conflict between the objectives of clinical investigators and those of their human subjects to illuminate subtle divergences of interest in doctor-patient relationships that patients often do not recognize - or want to believe. Once perceived, however, these potentially corroding conflicts can stun research subjects and their families, and leave them feeling deeply betrayed by their clinicians. The article concludes that a researcher's substantial financial conflicts constitute material information which, absent compelling circumstances, the …

Agricultural Biotechnology: Why It Can Save The Environment And Developing Nations, But May Never Get A Chance, Mary Lynne Kupchella

William & Mary Environmental Law and Policy Review

No abstract provided.

The Family Medical Leave Act: State Sovereignty And The Narrowing Of Fourteenth Amendment Protection, Stephanie C. Bovee

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …

The Necessity Of Preventing Unilateral Responses To Water Scarcity-The Next Major Threat Against Mankind This Century, Leticia M. Diaz, Barry Hart Dubner

Cardozo Journal of International and Comparative Law

The article examines the legal and environmental challenges surrounding water scarcity, using the Great Lakes as a case study. It explores the tension between equitable resource utilization and sustainable development under international and regional legal frameworks. The analysis highlights the role of the International Joint Commission (IJC) in managing shared water resources and emphasizes the need for balanced approaches to address competing economic, environmental, and intergenerational concerns. The Great Lakes serve as a critical example of the complexities of managing a finite, shared resource.

Rescuing Paha Sapa: Achieving Environmental Justice By Restoring The Great Grasslands And Returning The Sacred Black Hills To The Great Sioux Nation, John P. Lavelle

Faculty Scholarship

Looking at a unique proposal of the Conservation Alliance of the Great Plains for establishing a "Greater Black Hills Wildlife Protected Area" in the Northern Plains region. Especially in light of the proposal's potential impacts on the continuing efforts of the Sioux tribes of this region to secure the return of the sacred Black Hills to sovereign tribal ownership.

No Success Like Failure: The Platte River Collaborative Watershed Planning Process, John D. Echeverria

William & Mary Environmental Law and Policy Review

No abstract provided.

Dammed To Be Divided: Resolving The Controversy Over The Destruction Of The Snake River Dams And Providing A Model For Future Decision-Making, Nancy K. Kubasek, Chaz A. Giles

William & Mary Environmental Law and Policy Review

No abstract provided.

When Tribal Treaty Fishing Rights Become A Mere Opportunity To Dip One's Net Into The Water And Pull It Out Empty: The Case For Money Damages When Treaty-Reserved Fish Habitat Is Degraded, Brian J. Perron

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

No abstract provided.

Un/Re/Dis Covering Slave Breeding In Thirteenth Amendment Jurisprudence, Pamela D. Bridgewater

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.