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Articles 1 - 24 of 24
Full-Text Articles in Law
The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery
The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White
Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White
All Faculty Scholarship
In this Article I present a two-pronged analysis of vertical restraints, one in law and one in economics. By tracing the checkered legal history of vertical restraints, I show the marked changes recent antitrust decisions have wrought, in particular, by comparing the legal standards expressed by the Supreme Court in Monsanto Co. v. Spray-Rite Service Corp. with those in Business Electronics Corp. v. Sharp Electronics Corp and Atlantic Richfield Co. (ARCO) v. USA Petroleum Co. If through the latter two cases the Court has, for all practical purposes, created a category of per se legality for vertical price restraints, which …
The Violence Of Privacy, Elizabeth M. Schneider
The Violence Of Privacy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
America's Misunderstood Welfare State: Persistent Myths, Enduring Realities, Rachel D. Godsil
America's Misunderstood Welfare State: Persistent Myths, Enduring Realities, Rachel D. Godsil
Michigan Law Review
A Review of America's Misunderstood Welfare State: Persistent Myths, Enduring Realities by Theodore R. Marmor, Jerry L. Mashaw, and Philip L. Harvey
The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns
The Impact Of Public Abortion Funding Decisions On Lndigent Women: A Proposal To Reform State Statutory And Constitutional Abortion Funding Provisions, Carole A. Corns
University of Michigan Journal of Law Reform
This Note argues that state legislatures should relax funding restrictions on abortions for indigent women and proposes specific mechanisms to ensure the equal protection of indigent women in the abortion context. Part I briefly recounts the history of federal funding for abortions, from the liberal post-Roe funding scheme to the restrictive funding arrangements that have prevailed since the early 1980s. Part II surveys the existing literature and discusses patterns of state funding and the impact of funding restrictions on indigent women seeking abortions. This literature shows that the tightening of state funding policies subsequent to the federal Medicaid restrictions has …
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Reviews
The due process revolution has failed. Never mind that this verdict is an oversimplified exaggeration. It is closer to the truth than its opposite. Giving powerless, dependent, poor people property interests in their welfare benefits and the right to call those who exercise discretion over them legally into account does not magically cure the poverty, powerlessness, or dependency that motivated the extension of rights in the first instance. The optimistic view of legality that motivated much of the social activism of the late sixties and early seventies inevitably gives way before the reality of being poor.
Images Of Mothers In Poverty Discourses, Martha Albertson Fineman
Images Of Mothers In Poverty Discourses, Martha Albertson Fineman
Faculty Articles
This Essay focuses on the construction of the concept of "Mother" in poverty discourses. It addresses the role of patriarchical ideology in the process whereby a characteristic typical of a group of welfare recipients has been selected and identified as constituting the cause as well as the effect of poverty. I am particularly interested in those political and professional discourses in which single Mother status is defined as one of the primary predictors of poverty. This association of characteristic with cause has fostered suggestions that an appropriate and fundamental goal of any proposed poverty program should be the eradication of …
The Application Of Material Witness Provisions: A Case Study - Are Homeless Material Witnesses Entitled To Due Process And Representation By Counsel, Lisa Chanow Dykstra
The Application Of Material Witness Provisions: A Case Study - Are Homeless Material Witnesses Entitled To Due Process And Representation By Counsel, Lisa Chanow Dykstra
Villanova Law Review
No abstract provided.
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald C. Slye
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald C. Slye
Villanova Law Review
No abstract provided.
Homelessness: Its Origins, Civil Liberties Problems And Possible Solutions, Norman Siegel
Homelessness: Its Origins, Civil Liberties Problems And Possible Solutions, Norman Siegel
Villanova Law Review
No abstract provided.
The Mentally Ill Homeless: Evolving Involuntary Commitment Issues, Edmund V. Ludwig
The Mentally Ill Homeless: Evolving Involuntary Commitment Issues, Edmund V. Ludwig
Villanova Law Review
No abstract provided.
Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser
Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser
Touro Law Review
No abstract provided.
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
Seattle University Law Review
Initially, the Comment briefly reviews the EAHCA's purpose and its legislative history, and describes the workings of its administrative procedures. The Comment then examines the seminal case interpreting the EAHCA, Board of Education v. Rowley, as it applies to the parents' role in a deaf child's education. This section of the Comment also explores the meaning currently given to "free appropriate education" and "least restrictive environment" (LRE), as well as the natural, and possibly irresolvable, tension between these requirements. Against this background, Section III of this Comment then sets out the Act's unique impact on deaf children. This impact …
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye
Faculty Articles
This article draws upon the experiences of the Jerome N. Frank Legal Services Organization at Yale Law School to argue that, while litigation has a place in addressing both the problem of homelessness and the problems of the homeless, it must be placed within a broader context and supplemented by other, non-litigious, legal activity. Using as an example a lawsuit brought on behalf of homeless families in Connecticut, this article makes four observations which support the conclusion that litigation, used alone, is an ineffective means of addressing the problem of homelessness.
Court-Ordered Prenatal Intervention: A Final Means To The End Of Gestational Substance Abuse, Michael T. Flannery
Court-Ordered Prenatal Intervention: A Final Means To The End Of Gestational Substance Abuse, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Homelessness: An Introduction And Bibliography, Louis J. Sirico Jr.
Homelessness: An Introduction And Bibliography, Louis J. Sirico Jr.
Villanova Law Review
No abstract provided.
Housing The Homeless Through Expanding Access To Existing Subsidized Housing Programs, Barbara Sard
Housing The Homeless Through Expanding Access To Existing Subsidized Housing Programs, Barbara Sard
Villanova Law Review
No abstract provided.
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …