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Full-Text Articles in Law
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Faculty Scholarship
By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'8 Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, 19 there remains a strong sense, especially among lawyers and judges, that …
The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
Faculty Scholarship
The general topic for this panel's discussion, "The Constitution of Civic Virtue for a Good Society," brings to mind an impossibly large set of fundamental questions. For example, what role does civic virtue play in sustaining our constitutional order and what role, if any, should government play in inculcating civic virtue and, thus, fostering self-government? What role do the institutions of civil society-a realm between the individual and the state, including the family and religious, civic, and other voluntary associations-play? What, exactly, is the content of civic virtue and what textual sources and institutional actors determine it? If historical accounts …
Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson
Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson
Faculty Scholarship
The Tragedy of American health care is the stubborn persistence of disparities in Black health, one hundred and forty years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social institutions, including some governments, charities, market participants, religions, ideologies, and cultures. Black health disparities interact with other vestiges of slavery such as disparities in wealth, education, employment and housing. They have permeated the American health experience. Efforts to eliminate Black …