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Full-Text Articles in Law
Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher
Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher
All Faculty Scholarship
The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now …
Collegiality And Individual Dignity, Tobias Barrington Wolff
Collegiality And Individual Dignity, Tobias Barrington Wolff
All Faculty Scholarship
This Essay identifies and describes the tension between the norms of collegiality and basic principles of individual dignity that LGBT scholars and lawyers encounter when confronted with the dehumanizing arguments that are regularly advanced by opponents of equal treatment under law for lesbian, gay, bisexual and transgender people. It is a transcript of remarks delivered at a March 2012 symposium on the Defense of Marriage Act at Fordham Law School, with minimal edits for publication.