Digital Commons Network^™

Title Vii And The Complex Female Subject, Kathryn Abrams

Michigan Law Review

One strength of Title VII has been its capacity to accommodate the changing conceptions of discrimination and the self-conceptions of subject groups. In the first decades of its enforcement, advocates have raised - and courts have endorsed - a range of contrasting conceptions in order to broaden the employment opportunities of protected groups. This flexibility is particularly evident with respect to women.

After exploring recent doctrinal efforts to respond to complex claimants, I address these questions and assess the prospects of change. Although the unitary or categorical notions of group identity under which Title VII has historically been enforced might …

The Michael Jackson Pill: Equality, Race, And Culture, Jerome Mccristal Culp Jr.

Michigan Law Review

This chronicle is in tribute to the work of Derrick Bell, past, present, and future. I have borrowed his character Geneva Crenshaw as part of that tribute, and I hope she helps me raise some of the issues that he has taught us are important.

All characters in this chronicle are fictional, including Professor Culp and Professor Bell. Any relationship they may have to the real Professor Bell and Professor Culp is dictated by the requirements of creativity and the extent to which reality and fiction necessarily merge. I know that the real Derrick Bell is wiser than the one …

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Michigan Law Review

In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …

Hate Speech In The New South Africa: Constitutional Considerations For A Land Recovering From Decades Of Racial Repression And Violence, Eric Neisser

Seton Hall Constitutional Law Journal

No abstract provided.

The Glen Ridge Trial: New Jersey's Cue To Amend Its Rape Shield Statute, Linda Robayo

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Santa Clara Magazine, Volume 36 Number 3, Summer 1994, Santa Clara University

Santa Clara Magazine

7 - JAMAICA: THE OTHER SIDE OF PARADISE Religious organizations work to relieve the misery in a nation that, for some, is a vacation wonderland. By Mitch Finley '73 Political and economic analysis by Dennis R. Gordon

12 - I'll SEE YOU IN ADR! More and more people with civil disputes are finding themselves in alternative dispute resolution. But is ADR always the consumer's best choice? By Julie Sly '82

20 - UP CLOSE: MARIO BELOTTI The SCU economics professor of 35 years has become internationally renowned through hard work and (he says) being in the right place at the …

Trade And Environment: Some North-South Considerations, Scott Vaughan

Cornell International Law Journal

No abstract provided.

Resolving Trade-Environment Conflicts: The Case For Trading Institutions, Jeffrey L. Dunoff

Cornell International Law Journal

No abstract provided.

Searching For Gatt’S Environmental Miranda: Are Process Standards Getting Due Process, William J. Snape Iii, Naomi B. Lefkovitz

Cornell International Law Journal

No abstract provided.

The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth

Cornell International Law Journal

No abstract provided.

"Sexual Motivation" After State V. Halstien: Still Hazy For His Teenage Peers, Robert E. Lipscomb

Washington Law Review

In State v. Halstien, the Washington Supreme Court upheld the constitutionality of a juvenile statute that provides for a charge of sexual motivation in offenses other than sex offenses. Such motivation, if proven, becomes an aggravating factor that a judge may consider (along with any mitigating factors) in sentencing. In rejecting the argument that the statute was void for vagueness, the court should have clarified the statute by requiring a finding that the defendant manifested a sexual disorder, as well as a finding that sexual motivation was a substantial factor in the offense.

Board Of Forestry, C. Butler, P. Andronico, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin

Indiana Law Journal

No abstract provided.

'If Black Is So Special, Then Why Isn't It In The Rainbow?', Sharon E. Rush

UF Law Faculty Publications

In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …

Empowering Children: Granting Foster Children The Right To Initiate Parental Rights Termination Proceedings , Christina Dugger Sommer

Cornell Law Review

No abstract provided.

Narrowing The Gap By Narrowing The Field: What's Missing From The Maccrate Report—Of Skills, Legal Science And Being A Human Being, Carrie Menkel-Meadow

Washington Law Review

I come here today, not to bury the MacCrate Report, but to criticize it, not for what it includes, although that is part of my critique, but for what it leaves out. I also want to situate my critique in the contentious intellectual history of legal education and legal scholarship, that, in my view, has too long polarized both the intellectual value and rigor of "law" (conceived of either as doctrine or theory) and "skills" (those nasty things that real lawyers have to do to express "the law" and represent clients). Among the most recent entries to this debate is …

Conservation Reserve Program: What Happens To The Land After The Contracts End?, Raymond J. Watson Jr.

Northern Illinois University Law Review

This article addresses the fact that under the Conservation Reserve Program (CRP), farmers have idled millions of environmentally sensitive acres of farmland for ten and sometimes fifteen years by entering into contracts with the USDA. In the 1985 farm bill, while creating the CRP, Congress also began strict regulation of highly erodible land and wetlands. The author attempts to answer whether the land under the CRP contracts will be subject to different regulations upon termination or expiration of the contracts than if the farmers had continued to farm the land.

Book Review

The Journal of Law and Education

No abstract provided.

Markets, Regulation, And Environmental Protection, James L. Huffman

Montana Law Review

Markets, Regulation, and Environmental Protection

Who Owns The Family Farm? The Struggle To Determine The Property Rights Of Farm Wives, Susan A. Schneider

Northern Illinois University Law Review

This article reviews the historical transition of the legal status of farm wives, analyzes current laws affecting the respective ownership rights of husbands and wives to family farm assets, and discusses current federal farm programs as they relate to the treatment of husbands and wives. The author asserts that while the role of the farm wife has changed dramatically since pre-industrial times, her importance to farming has not. Finally, the author concludes that both husbands and wives are well advised to give careful consideration to their respective legal status and its potential interpretation by courts in their jurisdiction.

For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann

Washington Law Review

Adoption is governed by state law, which varies dramatically among states, and thus encourages forum shopping and complicates interstate adoption. A new Uniform Adoption Act (UAA), likely to be completed and approved by the National Conference of Commissioners on Uniform State Laws in 1994, offers states the opportunity to move toward greater uniformity. The UAA balances all of the participants' interests while keeping the child's best interests foremost.

Rethinking The Equities Of Federal Farm Programs, Christopher R. Kelley

Northern Illinois University Law Review

This article explores the need to revisit the justifications for federal farm programs. The author points out that while long-term prospects for the continuation of current price and income support programs are uncertain, the notion of public investment in agriculture should not be wholly dismissed. The author proposes comprehensive policy reform that identifies the continuing value and relevance of federal farm programs to the American people, and restores a sense of direction to the government's support of the agriculture system.

A Comparative Study Of Black And White Girls' Delinquency, Kenya Larae Covington

Sociology & Criminal Justice Theses & Dissertations

In this research, I examined the similarities and differences between black and white female delinquents. A secondary analysis of the Survey of Youth in Custody, 1987 data was utilized to answer the following research questions: (1) What factors contribute to each group's delinquency the most? (2) Are the factors that contribute to black girls' delinquency significantly different from those factors that contribute to white girls' delinquency? The study was guided by previous research on race and female delinquency, girls' victimization, the role of the family and school performance. The independent variables victimization, family structure, family function and school performance were …

The Partial Republican, John O. Mcginnis

Articles

No abstract provided.

Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci

Articles

No abstract provided.

Changing Opportunities For Partnership For Men And Women Lawyers During The Transformation Of The Modern Law Firm, Fiona M. Kay, John Hagan

Osgoode Hall Law Journal

Considerable controversy surrounds partnership in law firms, particularly regarding the possibility of systematic gender bias and discrimination. This article contributes to the existing literature by considering explanations of women's under-representation in partnerships within the historical context of changes in the structure of law practice. Such changes include transitions in the organization and scale of contemporary law firms, the emergence of branch offices and international markets, the diversification of recruitment practices and mobility routes through modified firm hierarchies, and rising expectations of billable hours. Using a survey of over 1,000 lawyers in Ontario law firms, the authors examine opportunities for partnership …

Cal-Osha, L. O'Neill

California Regulatory Law Reporter

No abstract provided.

Water Resources Control Board, P. Cooney, L. Grand

California Regulatory Law Reporter

No abstract provided.

Fish And Game Commission, S. Kelley, Y. Simpson, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.