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Full-Text Articles in Law
Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh
Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh
Faculty Scholarship
Women's unpaid domestic labor produces tremendous economic value. In the United States, women spend more of their productive work hours in unpaid labor than in paid labor, and the credible estimates of the economic value of unpaid labor range from the equivalent of 24% to 60% of the U.S. Gross Domestic Product ("GDP"). Given its economic value and its significant role in the working lives of women, it is surprising that the topic of home labor has received no systematic examination by legal scholars. This Article undertakes such an examination. It concludes that a wide range of legal doctrines treat …
Cowboys, Camels, And The First Amendment: The Fda's Restrictions On Tobacco Advertising, George J. Annas
Cowboys, Camels, And The First Amendment: The Fda's Restrictions On Tobacco Advertising, George J. Annas
Faculty Scholarship
The Marlboro Man and Joe Camel have become public health enemies number one and two, and removing their familiar faces from the gaze of young people has become a goal of President Bill Clinton and his health care officials. The strategy of limiting the exposure of children to tobacco advertisements is based on the fact that almost all regular smokers begin smoking in their teens. This approach is politically possible because most Americans believe that tobacco companies should be prohibited from targeting children in their advertising.
The Promised End: Constitutional Aspects Of Physician-Assisted Suicide, George J. Annas
The Promised End: Constitutional Aspects Of Physician-Assisted Suicide, George J. Annas
Faculty Scholarship
The debate over physician-assisted suicide has dramatically shifted to a discussion of constitutional issues. This spring, within a month of each other, U.S. Circuit Courts of Appeals on both coasts ruled that state prohibitions of assisted suicide are unconstitutional when applied to physicians who prescribe lethal medication for terminally ill, competent adults who wish to end their lives. The Ninth Circuit includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, and the Second Circuit includes New York, Connecticut, and Vermont. Both courts reached the same conclusion but for different legal reasons.
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Federal Evidentiary Hearings Under The New Habeas Corpus Statute, Larry Yackle
Faculty Scholarship
Constitutional claims invariably turn on the underlying historical facts. In order to adjudicate claims presented in habeas corpus petitions, accordingly, the federal courts must somehow ascertain the facts. In some instances, the factual record can be augmented via discovery or expansion of the record under the federal habeas corpus rules.' Otherwise, disputed factual issues typically must be determined on the basis of previous litigation in state court or in independent federal evidentiary hearings.