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Full-Text Articles in Law
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Law and Contemporary Problems
The various subagencies of the HHS have opposing positions on the use of private accreditation in health care regulation, due to their different views of their missions. The use of the private delegation doctrine, an obscure constitutional doctrine, in health care cases in court is examined.
Deficit Reduction: Democracy, Technocracy, And Constitutionalism In The European Union, Paul D. Marquardt
Deficit Reduction: Democracy, Technocracy, And Constitutionalism In The European Union, Paul D. Marquardt
Duke Journal of Comparative & International Law
No abstract provided.
Gender Law, Katharine T. Bartlett
Gender Law, Katharine T. Bartlett
Duke Journal of Gender Law & Policy
The inauguration of the DUKE JOURNAL OF GENDER LAW & POLICY represents an exciting step in the institutionalization of a subject area in academic law formerly found only at the fringe of legal scholarship and law school curriculums. Often shunned as a political activity inappropriate to institutions committed to academic rigor, objectivity, and neutrality, gender law has begun to lay down roots as a disciplined set of inquiries that enhance the rigor of conventional legal study and offer tools for improving the objectivity and neutrality of law, even as it challenges the conventional meanings of those concepts. There are two …
Race And Gender Discrimination: A Historical Case For Equal Treatment Under The Fourteenth Amendment, Sandra L. Rierson
Race And Gender Discrimination: A Historical Case For Equal Treatment Under The Fourteenth Amendment, Sandra L. Rierson
Duke Journal of Gender Law & Policy
It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we, the whole people, who formed this Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people--women as well as men. --Susan B. Anthony 1 Under the common law of both England and the United States, a married woman enjoyed a legal status only slightly better than that of a slave. Until the mid-nineteenth century, in no state could …
From Betrayal To Power, Elizabeth Debold, Marie Wilson, Idelisse Malave
From Betrayal To Power, Elizabeth Debold, Marie Wilson, Idelisse Malave
Duke Journal of Gender Law & Policy
Resistance is the secret of joy! --Alice Walker Possessing the Secret of Joy What does it mean to love a daughter in a culture that is hostile to her integrity? In a culture where power equals dominance and superiority, men's control of public life--the world of political and economic power that shapes the desires of private life--places mothers in a double bind as their daughters approach womanhood. The common ways that mothers have of guiding daughters--what we call "the paths of least resistance" in chapter two 1 --ask girls to make deep psychological sacrifices to straddle the cultural division of …
Why Cases Under The Guarantee Clause Should Be Justiciable, Erwin Chemerinsky
Why Cases Under The Guarantee Clause Should Be Justiciable, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.