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Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox Jan 1989

Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox

Faculty Scholarship

In discussing the legal system's response to alternative families seeking an extension of traditional family benefits, this paper is divided into two main sections. The first section summarizes the Madison experience in trying to pass a comprehensive alternative family rights ordinance. It takes an in-depth look at the entire process from the grassroots pressures on the M.E.O.C. which resulted in formation of the task force to the Common Council's enactment of two minor sections of the proposed ordinance. It will analyze the political and legal process used in an effort to obtain significant reform in the definition of family within …

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Reimagining The Marshall Court, H. Jefferson Powell Jan 1989

Reimagining The Marshall Court, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

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Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr. Jan 1989

Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

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Authority In The Dock, Geoffrey C. Hazard Jr. Jan 1989

Authority In The Dock, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

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Deconstructing Gender, Joan C. Williams Jan 1989

Deconstructing Gender, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness Jan 1989

Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness

Faculty Scholarship

No abstract provided.

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Toward A Constitutional Jurisprudence Of Religious Group Rights, Frederick Mark Gedicks Jan 1989

Toward A Constitutional Jurisprudence Of Religious Group Rights, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

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Who Cares?: The Evolution Of The Legal Duty To Provide Emergency Care, Karen H. Rothenberg Jan 1989

Who Cares?: The Evolution Of The Legal Duty To Provide Emergency Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

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Corruption, Legal Education And Change In West Africa: A Broader View Of Human Rights, Suzanne B. Goldberg Jan 1989

Corruption, Legal Education And Change In West Africa: A Broader View Of Human Rights, Suzanne B. Goldberg

Faculty Scholarship

"Will we ever move again?" I wondered as I sat with my knees jammed into my chin, sore from the long and bumpy ride on the wooden plank which lined the back of a "bush taxi" – the only public transport between villages in Northern Mali. The "taxi" was actually a rusty and roadworn pickup truck packed with more than two dozen men, women and children, more than I ever imagined could fit in the small, flat space between the cab and the tailgate. "Why are we stopping now?" I smiled at myself as I felt a sense of exasperation …

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Unstable Coalitions: Corporate Governance As A Multi-Player Game, John C. Coffee Jr. Jan 1989

Unstable Coalitions: Corporate Governance As A Multi-Player Game, John C. Coffee Jr.

Faculty Scholarship

This is an article written in honor of Professor Donald Schwartz, a leading figure in academic corporate law for over two decades, but also a man nearly unique in his willingness to move beyond corporate law to the general study of corporate behavior. In this light, this article will not explore the latest wrinkle in the law – the most recent case, latest SEC ruling, or newest takeover defense tactic – but will instead ask if there are new ways in which we should try to talk about corporate law and corporate behavior. These were questions that Don Schwartz repeatedly …

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The Meaning Of Morality, George P. Fletcher Jan 1989

The Meaning Of Morality, George P. Fletcher

Faculty Scholarship

Many lawyers, both inside and outside the law schools, suffer from insecurity about our discipline. Instead of thinking of ourselves as the curators of a grand tradition in Western thought, many of us think of the law as a collection of doctrinal formulas and rules imposed on us by legislatures and the highest courts. We are always looking elsewhere to find a source of wisdom that will give the law coherence and meaning. At various times in this century we have looked to sociology, anthropology, psychoanalysis and, of course, economics in an effort to ground our ideas in firmer soil. …

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Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile Jan 1989

Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile

Faculty Scholarship

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.

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Exchange, Contract And Law In The Stone Age, Joseph Perillo Jan 1989

Exchange, Contract And Law In The Stone Age, Joseph Perillo

Faculty Scholarship

No abstract provided.

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Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh Jan 1989

Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh

Faculty Scholarship

"New voices" of future lawyers are particularly important in the area of civil rights because racial problems are theirs to confront in the next decades. Teaching techniques developed by Paulo Freire have facilitated the enlistment of students in the racial struggle. By these techniques teachers, as well as students, learn through sharing, and students become active participants, rather than passive observers, in the learning process. The educational process, Freire counsels, ''must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both are simultaneously teachers and students. In the fall of 1988, two …

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Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan Jan 1989

Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan

Faculty Scholarship

Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …

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Warrior Bards, Kevin Mccarthy, Michael E. Tigar Jan 1989

Warrior Bards, Kevin Mccarthy, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger Jan 1989

Drug Legalization: The Importance Of Asking The Right Question Symposium On Drug Decriminalization, Mark A.R. Kleinman, Aaron J. Saiger

Faculty Scholarship

As a policy analysis, this article's central argument is that that the costs imposed by markets in licit psychoactives are significantly greater than those imposed by drug prohibition.

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Setting Limits On Autonomy: Saving Money In An Aging Society, Robert L. Schwartz Jan 1989

Setting Limits On Autonomy: Saving Money In An Aging Society, Robert L. Schwartz

Faculty Scholarship

In Setting Limits Dr. Daniel Callahan poses a solution: the termination of some kinds of treatment for the very elderly. His solution undercuts autonomy of the individual. This Article describes the values served by autonomy and explains why autonomy is so basic to making health care decisions and why its importance is especially great in the United States. Of course, autonomy is not absolute. This Article will define those classes of cases in which autonomy can be trumped by other interests. The Article will next determine whether the class of cases defined by Dr. Callahan fits within that definition. Finally, …

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Originalism As Transformative Politics, Lawrence B. Solum Jan 1989

Originalism As Transformative Politics, Lawrence B. Solum

Faculty Scholarship

Part I of this Essay elaborates upon Perry's observations that, as a matter of hermeneutic theory, we all are originalists and we all are non-originalists; theoretically, there is no real distinction between originalism and non-originalism. Part II provides evidence that, as a matter of practice, self-professed distinctions between originalists and non-originalists are even more dubious; non-originalists respect and rely upon originalist arguments, and originalists frequently ignore evidence of the framers' intentions. Part III applies my arguments to Perry's own theory of constitutional interpretation. Perry's view of the relationship between constitutional interpretation and prophecy illustrates a powerful but neglected insight about …

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The Inconsistent Treatment Of Secured Tax Claims In Liquidation And Reorganization Proceedings Under The Bankruptcy Code, Steven B. Levine Oct 1988

The Inconsistent Treatment Of Secured Tax Claims In Liquidation And Reorganization Proceedings Under The Bankruptcy Code, Steven B. Levine

Faculty Scholarship

There is general inconsistency and tension regarding the treatment of secured tax claims under the Bankruptcy Code. In order to resolve the ambiguity and tension in the Code, tax claims for the same periods should be treated alike regardless of whether one taxing authority has filed a notice of lien in the appropriate public records office or whether such claims are asserted in a reorganization or liquidation proceeding. Some of the rights and priorities associated with tax liens outside of bankruptcy must be limited so as not to harm 2 basic goals of the reorganization process. These are: 1. equitable …

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Vanessa Redgrave V. Boston Symphony Orchestra, Inc.: A Breach Of Constitutional Dimension, Maria O'Brien Jul 1988

Vanessa Redgrave V. Boston Symphony Orchestra, Inc.: A Breach Of Constitutional Dimension, Maria O'Brien

Faculty Scholarship

In Vanessa Redgrave v. Boston Symphony Orchestra, Inc., 399 Mass. 93 (1987), the Supreme Judicial Court (SJC) issued an important ruling on the parameters of the Commonwealth's relatively new Civil Rights Act (MCRA)' by answering two questions certified to it by the United States Court of Appeals for the First Circuit. The SJC held that MCRA is essentially the state equivalent of 42 U.S.C. §1983 without the federal "state action" requirement.' This article briefly examines the SJC's decision in Redgrave in light of Massachusetts precedent and the vast federal experience with §1983 actions (Section I) and then considers the …

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Ferroelectric Nematic Liquid Crystals: Realizability And Molecular Constraints, Rolfe G. Petschek May 1988

Ferroelectric Nematic Liquid Crystals: Realizability And Molecular Constraints, Rolfe G. Petschek

Faculty Scholarship

There is no fundamental reason that fluids should not be ferroelectric. However, the only knownferroelectric fluids are chiral smectic-C liquid crystals and related structures. We examine the possibility that molecules with permanent dipole moments can form a ferroelectric nematic phase, the least ordered conceivable ferroelectric phase. We show that reasonable electric dipole interactions between diskshaped molecules may lead to such a phase, and calculate the phase diagram using mean-field theory. Some constraints on the constituent molecules are discussed.

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Modulated Phases In Thin Ferroelectric Liquid-Crystal Films, George A. Hinshaw Jr., Rolfe G. Petschek May 1988

Modulated Phases In Thin Ferroelectric Liquid-Crystal Films, George A. Hinshaw Jr., Rolfe G. Petschek

Faculty Scholarship

We discuss modulated phases that can occur in thin liquid-crystal films composed of tilted, chiral molecules. While the phase diagram depends on all orders of a Landau expansion we find that either a striped phase of parallel defect walls or a lattice of hexagonal unit cells containing disclinations and bounded by intersecting walls can occur. The striped phase can occur with either a positive or negative bend elastic constant depending on the underlying microscopic parameters. The transition into the modulated phase is, in general, continuous with infinite defect separation at the transition.

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Informed Consent In The Post-Modern Era, Wendy K. Mariner Apr 1988

Informed Consent In The Post-Modern Era, Wendy K. Mariner

Faculty Scholarship

The doctrine of informed consent' is intended to get physicians to talk to their patients so that patients can make reasonably knowledgeable choices about whether to undergo particular forms of medical care. Although the law has long prohibited treatment without the patient's consent,2 physicians have resisted the idea that treatment decisions ultimately are for the patient to make. Only recently have physicians been willing to disclose information about the benefits and risks of recommended therapies. 3 Even with the best of intentions, however, the discussions that do take place are often far from the law's ideal of reasonable disclosure …

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Conflict Of Laws (1988), Sharon N. Freytag, Don D. Bush, James Paul George Apr 1988

Conflict Of Laws (1988), Sharon N. Freytag, Don D. Bush, James Paul George

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1986 through 1987. The survey includes cases from Texas state and federal courts and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, except when they relate to the personal …

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Drug Product Liability And Health Care Delivery Systems, William M. Sage Apr 1988

Drug Product Liability And Health Care Delivery Systems, William M. Sage

Faculty Scholarship

This note will use the principles of law and economics to examine the interaction of market structures and product liability rules in a world of imperfect information. The goals of the analysis are to create incentives for optimal care by producers and consumers, induce the socially appropriate amount of consumption of each product (often referred to as the "activity level"), and minimize the costs of bearing the risk of injury. The note will conclude that the existence of health maintenance organizations ("HMOs") and similar prepaid providers with superior information capacity and total patient care responsibility may create a context in …

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Baby M, The Surrogacy Contract, And The Health Care Professional: Unanswered Questions, Karen H. Rothenberg Mar 1988

Baby M, The Surrogacy Contract, And The Health Care Professional: Unanswered Questions, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

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Transitions And Modulated Phases In Centrosymmetric Ferroelectrics: Mean-Field And Renormalization-Group Predictions, George A. Hinshaw Jr., Rolfe G. Petschek Feb 1988

Transitions And Modulated Phases In Centrosymmetric Ferroelectrics: Mean-Field And Renormalization-Group Predictions, George A. Hinshaw Jr., Rolfe G. Petschek

Faculty Scholarship

A variety of ferrodisplacive transitions have Landau expansions which involve terms proportional to p2(p), i.e., three powers of the order parameter (p) and one gradient (). Such expansions have also been suggested for polymeric liquid crystals. We have studied a rotationally invariant, centrosymmetric ferroelectric in which the order parameter is a vector. The pp term leads to modulated phases when it is large enough. The modulated phase close to the uniform-modulated transition and the location of the transition are discussed as a function of dimensionless parameters in a simple model for the free energy. Modifications expected from dangerous irrelevant variables …

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A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds Jan 1988

A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds

Faculty Scholarship

No abstract provided.

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Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon Jan 1988

Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

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