Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Gender (2)
- Gender Roles (2)
- African Americans (1)
- Bankruptcy (1)
- Children (1)
-
- Civil Rights (1)
- Class (1)
- Constitution (1)
- Enslaved Peoples (1)
- Equitable Subordination (1)
- Family Conflict (1)
- Feminism (1)
- Feminist Legal Theory (1)
- IP Law (1)
- Intellectual Property Law (1)
- Patent Law (1)
- Race (1)
- Religious Freedom Restoration Act (RFRA) (1)
- Reparations (1)
- Separation of Powers Doctrine (1)
- Sexual Violence (1)
- Strategic Disclosure (1)
- United States (1)
- United States Supreme Court (1)
- Work-Life Balance (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Scholarship@WashULaw
Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …
The Case For United States Reparations To African Americans, Adrienne D. Davis
The Case For United States Reparations To African Americans, Adrienne D. Davis
Scholarship@WashULaw
The political and juridical viability of reparations for descendants of enslaved black people is emerging as a highly contested concept in U.S. debates about justice and law. For decades, reparations have been an essential part of the international discourses of war and human rights.
Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill
Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill
Scholarship@WashULaw
This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.
Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams
Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams
Scholarship@WashULaw
This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …
Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis
Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis
Scholarship@WashULaw
As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
Scholarship@WashULaw
Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …
Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo
Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo
Scholarship@WashULaw
In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …