Law Commons^™

Gender Politics In Massachusetts: Progress For Paid Family Leave, Elizabeth A. Sherman

New England Journal of Public Policy

Advances in the educational and occupational status of women in the United States over the past quarter century have greatly expanded the participation of women in the workforce. However, economic and social changes in women’s lives have put pressure on traditional family roles and on the political system to respond to the problems families face balancing work and family responsibilities. Initiatives for paid family leave in Massachusetts reflect the newfound political strength of women in politics — as leaders of political organizations, as elected officials, and as voters — and the willingness of the state’s political elite to grapple with …

Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace

Sherri L. Wallace

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese

All Faculty Scholarship

For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, …