Law Commons^™

Casting A Net Over The Net: Attempts To Protect Children In Cyberspace, Jennifer Zwick

Seton Hall Constitutional Law Journal

No abstract provided.

Panelist, Jonathan E. Lowy

Seton Hall Constitutional Law Journal

No abstract provided.

The Constitution Of The United States Of America

Seton Hall Constitutional Law Journal

No abstract provided.

Justice, Take Two: The Continuing Debate Over Cameras In The Courtroom, Joshua Sarner

Seton Hall Constitutional Law Journal

No abstract provided.

Article Iii - Standing - Although A Private Individual Has Standing To Assert A Qui Tam Action Under The False Claims Act, 31 U.S.C. §§ 3729-3733, He Is Proscribed From Asserting Such An Action Against A State Or State Agency - Vermont Agency Of Natural Resources V. United States Ex Rel. Stevens, No. 98-1828, 120 S. Ct. 1858, 2000 U.S. Lexis 3428 (May 22, 2000)., Joanna Patricia Piorek

Seton Hall Constitutional Law Journal

No abstract provided.

Fourteenth Amendment - Due Process - A High Speed Police Pursuit With Deliberate Indifference To The Survival Of The Suspect's Passenger Is Not Sufficient To Meet The Shocks-The-Conscience Test And Therefore Does Not Violate The Substantive Due Process Provision Of The Fourteenth Amendment - County Of Sacramento V. Lewis, 118 S.Ct. 1708 (1998)., Carly Derubeis

Seton Hall Constitutional Law Journal

No abstract provided.

Editorial Board - Vol. 10, No. 3 Summer 2000

Seton Hall Constitutional Law Journal

No abstract provided.

Concluding Remarks, Ronald Riccio

Seton Hall Constitutional Law Journal

No abstract provided.

The Federal Trademark Dilution Act Of 1995: A Whittling Away Of State Dilution Statutes, K. Keith Facer

Seton Hall Constitutional Law Journal

No abstract provided.

Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok

Michigan Telecommunications & Technology Law Review

This Article argues that Web users should enjoy a legitimate expectation of privacy in clickstream data. Fourth Amendment jurisprudence as developed over the last half-century does not support an expectation of privacy. However, reference to the history of the Fourth Amendment and the intent of its drafters reveals that government investigation and monitoring of clickstream data is precisely the type of activity the Framers sought to limit. Courts must update outdated methods of expectation of privacy analysis to address the unique challenges posed by the Internet in order to fulfill the Amendment's purpose. Part I provides an overview of the …

Reviving The Public/Private Distinction In Feminist Theorizing, Tracy E. Higgins

Chicago-Kent Law Review

In this Essay, Higgins explores the various uses of the public/private distinction in feminist theorizing. She suggests that feminist attacks on the public/private line tend to overstate the threat that the concept poses to women's equality and to understate the potential value of the distinction in feminist theory. Acknowledging that, despite thoroughgoing theoretical critiques, the public/private line persists in practice, Higgins offers a qualified revival of the distinction in feminist theory and suggests ways of refocusing and refining it to respond to existing critiques.

Pursuing Transparency Through Science Courts, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "The frequency and magnitude of risks and benefits are facts. The acceptability of risks associated with particular benefits is not. In the best of all worlds, normative choices based on facts would be made directly by persons at risk. We do not have the best of all worlds. As we move from consumer to occupational and environmental risks, political transparency increasingly must substitute for individual autonomy. When we cannot each have our way, we should be able to decide which facts are important, to have access to such facts and to be able to influence decisions based on them."

Using Schip To Subsidize Employment-Based Coverage: How Far Can This Strategy Go?, Karl Polzer

National Health Policy Forum

This background paper examines and analyzes early efforts by states to subsidize employment-based health insurance under the State Children's Health Insurance Program (SCHIP), which offers states a more generous funding rate than under Medicaid. As the Health Care Financing Administration prepares to issue regulations governing SCHIP, the paper summarizes complaints by state officials that federal rules governing how job-based coverage might be subsidized under the program are overly complex and rigid. After interviewing officials at the federal level and in six states as well as a variety of researchers and policy experts, the author considered whether and to what extent …

Prevalence And Risk Factors For Potentially Avoidable Hospitalization Of Medicaid-Enrolled Assisted Living Residents, Marion Becker, Timothy Boaz, Ross Andel, Joshua Digennaro

Mental Health Law & Policy Faculty Publications

No abstract provided.

Table Of Contents, Table Of Contents Public Land & Resources Law Review

Public Land & Resources Law Review

No abstract provided.

Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson

Public Land & Resources Law Review

No abstract provided.

Are National Park Resources For Sale?: Edmonds Institute V. Babbitt, Mike Wood

Public Land & Resources Law Review

No abstract provided.

Justice Bushrod Washington And The Age Of Discovery In American Law, David A. Faber

West Virginia Law Review

No abstract provided.

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein

Chicago-Kent Law Review

No abstract provided.

What Is To Be Done, Kate Millett

Chicago-Kent Law Review

Since its existence, the feminist movement has fought for equal rights for women, and, in so doing, it has challenged the oldest and most fundamental social scheme in history-patriarchy. Patriarchy is the rule of males over females in all departments of human life, and it is based on custom, belief, law, and ultimately on force. Although the American feminist movement made significant progress in its early years, it has struggled in recent years to accomplish many of its goals. Millett notes that the American feminist movement now stands stalemated, on the defensive, and trying desperately to hold on to the …

Reasking The Woman Question At Divorce, Penelope E. Bryan

Chicago-Kent Law Review

Bryan first explores the disconnect between the feminist goal of equality for women and women's experience at divorce. Divorce continues to devastate women's economic prospects, frequently deprives them of their children, and sometimes compromises their physical safety. Many feminists have proposed changes to existing law and procedure that offer to protect women's interests in their children, in marital assets, and in their physical safety. Yet theoretical and strategical rifts between feminists continue to compromise their political ability to promote women's interests in divorce. Bryan urges feminists to abandon these differences and return to the basic "woman question" by supporting legal …

Fact's Fantasies And Feminism's Future: An Analysis Of The Fact Brief's Treatment Of Pornography Victims, Lila Lee

Chicago-Kent Law Review

In 1985, a group of women called the Feminist Anti-Censorship Taskforce ("FACT") filed a brief that was influential in the Seventh Circuit's decision-subsequently summarily affirmed by the United States Supreme Court-to invalidate Indianapolis' antipornography civil rights ordinance. The brief callously discounted the very existence, and the substance, of extensive victim testimony given by women at the public hearings held in support of the proposed ordinance. Apparently, the writers of the brief existed in a fantasy world, far removed from the lives of women who testified publicly that pornography harmed them.

While victim testimony established that women harmed by pornography wanted …

Biology For Feminists, Katharine K. Baker

Chicago-Kent Law Review

Feminists and sociobiologists have more in common than many people realize. In this Essay, Baker argues that feminists can use insights from sociobiology to validate feminist theories about patriarchy and to bolster claims for a greater legal commitment to feminist normative agendas. Paying particular attention to the laws regarding rape, marriage, and parenthood, Baker shows how biology helps confirm what feminists have long argued about the law's inadequate protection of women. Moreover, she shows how biology helps demonstrate the keen need for feminist social norms that help alleviate the harms caused by nature's inequities.

Apostasy?, Jennifer Gerarda Brown

Chicago-Kent Law Review

In this Essay, Brown revisits the issue of single-sex education, questioning the wisdom of her own earlier proposal that a women's law school could remedy the alienation, underachievement, and silencing that women are said to experience in law school. The Essay addresses two questions. First, as a growing body of empiricism in some ways supports but in other ways undermines earlier claims that sex is the characteristic most determinative of law school experience, the Essay considers whether a remedy based on sex is viable. Second, and perhaps more importantly, the Essay draws upon Vivian Paley's work with very young children, …

Feminist Law And Film: Imagining Judges And Justice, Orit Kamir

Chicago-Kent Law Review

This Essay offers a model for systematic application of "feminist law and film" methodology to investigating the imagery of law and justice; to reexamining the relationship between feminist theory that focuses on an ethics of care and feminist theory that focuses on dominance, oppression, and resistance; and to reviewing the relationship between legal feminism and postmodernity. More specifically, employing interdisciplinary methodology, the Essay explores the imagery of a newly developing legal feminist concept, "caring justice," by focusing on popular cultural images of the judiciary as presented by the film industry. Offering a close reading of a contemporary film, Pedro Almodovar's …

The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse

Chicago-Kent Law Review

Feminist reforms have brought both success and failure to the criminal law in the past several decades. Nourse examines this simultaneous success and failure in three different areas: rape reform, marital rape immunities, and self-defense law. Her analysis urges that the criminal law has not been able to shake itself free of social norms governing intimate relationships-social norms that tend to perpetuate the very sexism feminists aimed to extinguish. Relational norms are upwardly mobile and easily nurtured by the "deliberate ambiguities" necessary to forge legislative and judicial change. Nourse argues that, in this sense, the failures of feminist reform should …

Linkous V. Candler The Future Of Acceleration Of Remainders In Georgia, Carl Jackson Spence

Georgia State University Law Review

No abstract provided.

Extending The Progress Of The Feminist Movement To Encompass The Rights Of Migrant Farmworker Women, Richard Kamm

Chicago-Kent Law Review

Migrant farmworker women are among the poorest of the working poor. Historically marginalized and disenfranchised by feminists and the legal community, as well as by male farmworker activists, migrant farmworker women continue to be plagued by problems of employment discrimination, workplace sexual harassment, and domestic violence. While some feminist legal scholars have argued that the solution to such problems is to make the feminist movement more inclusive and to move away from taking the experiences of white middle-class women as representative of the experiences of all women, Kamm argues that a better alternative would be to provide migrant farmworker women …

Constructing Families In A Democracy: Courts, Legislatures And Second-Parent Adoption, Jane S. Schacter

Chicago-Kent Law Review

In this Essay, Schacter examines recent judicial decisions on so-called "second parent adoption," in which one partner in a gay or lesbian relationship seeks to adopt the other partner's child without terminating that partner's legal relationship with the child. With the recent boom of lesbian families in particular, the availability of such adoptions has been litigated in several states. Although the results have been uneven, this has been an area of significant progress for same-sex families, with courts in at least twenty-one states having authorized such adoptions. The appellate rulings in this area have been decisions involving statutory interpretation and …