Law Commons^™

Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben

Faculty Works

To date, the application of therapeutic jurisprudence principles has been concentrated mainly on specialized trial courts: drug treat­ment courts, domestic violence courts, criminal courts, and juvenile and family courts. Its application to trial courts generally, as well as its application to the appellate courts, remains largely unexplored. This Article considers three areas in which trial and appellate courts may want to consider applying therapeutic jurisprudence.

My conclusions about the application of therapeutic jurispru­dence to the appellate courts are admittedly tentative ones: my day job is sitting as a state general jurisdiction trial judge, not as an appel­late court judge. Although …

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit

Faculty Works

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …