Law Commons^™

Racism In White Decision, Sean O'Brien

Faculty Works

No abstract provided.

From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines

Faculty Works

Attorneys for the poor are being asked to serve more clients for less money and with more restrictions on their practice than ever before. These restrictions, both on amounts and uses of funds, influence the attorney's independent professional judgment. Determining when that influence is inappropriate becomes a difficult practical and ethical issue. Is this issue resolved if one simply reconceptualizes the role of the entities and individuals involved? What if the government becomes the client and the individual receiving legal services becomes something other than a client? Examining the development of governmental funding of child support enforcement, one finds just …

Evidence For The Family Lawyer: Intrafamily Wiretapping, The Fifth Amendment And Other Selected Topics, Steve Leben

Faculty Works

No abstract provided.

Separating Equals: Educational Research And The Long-Term Consequences Of Sex Segregation, Nancy Levit

Faculty Works

The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex.

While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …

A Pragmatic Approach To Meaning In Defamation Law, Jeffrey E. Thomas

Faculty Works

No abstract provided.

The Contingent Employee Benefits Problem, Mark Berger

Faculty Works

In the contemporary American workplace, benefits are a critical a component of overall compensation. American workers look to their employers for such non-salary items as retirement programs, health insurance, sick pay, and paid vacations. However, the costs of such benefits have been rising rapidly and employers have sought ways to avoid paying them. Increasingly, employers have been using various techniques to create a pool of contingent workers who, even if they work side-by-side with the employer's traditional employees, nevertheless receive none of the benefits made available to members of the regular workforce. These contingent employee arrangements include utilizing contract workers, …

Inside The Aclu: Activism And Anti-Communism In The Late 1960s, Allen K. Rostron

Faculty Works

No abstract provided.

National Forest Land Exchanges And The Growth Of Vail And Other Gateway Communities, John W. Ragsdale Jr

Faculty Works

In December of 1962, Vail opened as a ski area. The lodges, houses, condominiums, shops, and restaurants at its base became the nucleus of the emergent town of Vail and the prototype of the modern recreational gateway community. The term "gateway community" did not originate in Vail. It had, in fact, been employed throughout much of the twentieth century to describe a far more modest species of back country development. The small outposts on the periphery of the great national parks had for decades provided services and supplies to the seasonal tourists streaming into the parks. These were places passed …

A 'Milder Measure Of Villainy': The Unknown History Of 42 U.S.C. Sec. 1983 And The Meaning Of 'Under Color Of' Law, David J. Achtenberg

Faculty Works

Chapter 42 U.S. C. § 1983, was originally enacted as section 1 of the Ku Klux Act. Not surprisingly, the history of the Ku Klux Act has played an important role in the interpretation of 42 U.S. C. § 1983. Unfortunately, the generally accepted history of the Ku Klux Act is incomplete, distorted, and, in some respects, demonstrably wrong.

The conventional history of the Ku Klux Act is flawed in three respects. First, it omits the first several chapters of the story. The conventional history begins with Grant's March 23, 1871, message to the Forty-second Congress and completely overlooks the …

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Faculty Works

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …