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Full-Text Articles in Law

The Social Foundations Of Law, Martha Albertson Fineman Jan 2005

The Social Foundations Of Law, Martha Albertson Fineman

Faculty Articles

There are several important questions to ask both our politicians and ourselves as we seek to refine and further define an otherwise abstract commitment to substantive equality with which to replace our current formal version. As with many concepts of historic magnitude, some of the most significant questions to pose about equality have to do with how we should respond to evolutions in understanding and changes in aspiration for the term: ls a mere commitment to formal equality sufficient for a humane and modem state? How should the state respond to the fact that our society is increasingly one in …


Book Review: Fairness Vs. Welfare, Matthew D. Adler Jan 2005

Book Review: Fairness Vs. Welfare, Matthew D. Adler

Faculty Scholarship

Reviewing Louis Kaplow & Steven Shavell, Fairness versus Welfare (2002)


Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler Jan 2005

Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center Jan 2005

Living With Leave Part I: Intermittent Leave, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts Jan 2005

Privatization And Punishment In The New Era Of Reprogenetics, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts Jan 2005

Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Loss, Heidi Li Feldman Jan 2005

Loss, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Within Republican political circles, numerous state legislatures, and even the U.S. Congress, advocating caps on "noneconomic" damages in tort suits is in vogue, as part of the ongoing politics of "tort reform." Yet, the distinction between "economic" and "noneconomic" damages is nonsensical. It does not originate in the discipline of economics, but seems instead to be purely a rhetorical invention of those who wish to limit damages by any means politically possible. But law reform based on sheer rhetoric should be shunned; unprincipled rhetoric is no substitute for justificatory reasons, and to make laws without reasons exemplifies arbitrariness and injustice. …