Doctors, Patients, And Pills - A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care,
2012
Louisiana State University
Doctors, Patients, And Pills - A System Popping Under Too Much Physician Discretion? A Law-Policy Prescription To Make Drug Approval More Meaningful In The Delivery Of Health Care, Michael J. Malinowski
Cardozo Law Review
This Article challenges the scope of physician discretion to engage in off-label use of prescription drugs. The discretion to prescribe dimensions beyond the clinical research that puts new drugs on pharmacy shelves has been shaped by two historic influences: a legacy of physician paternalism, solidarity, autonomy, and self-determination that predates the contemporary commercialization of medicine by more than half a century; and regulatory necessity due to the limits of science and the innate crudeness of pharmaceuticals prior to the genomics revolution (drug development and delivery based on genetic expression). Although both factors have changed immensely, the standard for drug approval …
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?,
2012
Pepperdine University
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
It's Complicated: Privacy And Domestic Violence,
2012
IIT Chicago-Kent College of Law
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
All Faculty Scholarship
This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These …
Women's Legal History Symposium Introduction: Making History,
2012
IIT Chicago-Kent College of Law
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
All Faculty Scholarship
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Fear Of The Queer Child,
2012
S.J. Quinney College of Law, University of Utah
Fear Of The Queer Child, Clifford Rosky
Utah Law Faculty Scholarship
This article is about the fear of the queer child — the fear that exposing children to homosexuality and gender variance makes them more likely to develop homosexual desires, engage in homosexual acts, deviate from traditional gender norms, or identify as lesbian, gay, bisexual, or transgender. This fear is thousands of years old, but it has undergone a remarkable transformation in the last half-century, in response to the rise of the LGBT movement. For centuries, the fear had been articulated specifically in sexual terms, as a belief that children would be seduced into queerness by adults. Since the 1970s, it …
Exchange As A Cornerstone Of Families,
2012
University of Maryland Francis King Carey School of Law
Exchange As A Cornerstone Of Families, Martha M. Ertman
Faculty Scholarship
This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …
A Law And Literature Approach To Stumped By Debora Threedy,
2012
University of Cincinnati College of Law
A Law And Literature Approach To Stumped By Debora Threedy, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
In this response, I will begin by identifying questions and issues about Stumped that might present themselves from law in literature and law as literature perspectives. This analysis will be followed by a discussion of the play from a particular law and narrative approach, one that ideologically is allied with feminist jurisprudence and critical race studies. Finally, I will conclude by examining the play in connection with scholarship on the cultural study of law, specifically emphasizing ways in which law and literature mutually constitute one another as opposed to being distinct categories of knowledge.
Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers,
2012
University of New Hampshire School of Law
Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers, Leah A. Plunkett, Erica A. Sussman
Law Faculty Scholarship
The information is this document is intended for use by advocates and attorneys working with survivors of domestic violence in understanding the common types of consumer problems faced by the survivors. The document provides an overview of the common consumer issues faced by survivors and offers solid guidance on how advocates and attorneys can identify these issues when working the survivors. The report begins with an overview of the role of economic abuse in cases of domestic violence. This is followed by a brief look at common consumer issues faced by survivors that include managing household income and expenses, credit …
Soul Of A Woman: The Sex Stereotyping Prohibition At Work,
2012
Northwestern University School of Law
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life,
2012
Florida State University College of Law
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life, Courtney Megan Cahill
Scholarly Publications
This Article offers a new theory of how the law attempts to control intimate and family life and uses that theory to argue why certain laws might be unconstitutional. Specifically, it contends that by regulating non-traditional relationships and practices that receive little or no constitutional protection— same-sex relationships, domestic partnerships, de facto parenthood, and nonsexual procreation—the law is able to express its normative ideals about all marriage, parenthood, and procreation. By regulating non-traditional kinship, then, the law can be aspirational in a way that the Constitution would ordinarily prohibit and can attempt to channel all of us in ways that …
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics,
2012
Brennan Center for Justice at New York University School of Law
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker
Michigan Journal of Gender & Law
If we slightly change the facts of the story about the discouraging doctor, it becomes a story that happens every day. Abortion patients face attempts to discourage them from terminating their pregnancies like those the imaginary doctor used, as well as others-and state laws mandate these attempts. While the law of every state requires health care professionals to secure the informed consent of the patient before any medical intervention, over half of the states place additional requirements on legally effective informed consent for abortion. These laws sometimes include features that have ethical problems, such as giving patients deceptive information. Unique …
Recognizing The Right To Petition For Victims Of Domestic Violence,
2012
University of Denver
Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment. This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …
Gender And Securities Law In The Supreme Court,
2012
Washington and Lee University School of Law
Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone
Scholarly Articles
The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?
This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …
Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs,
2012
University of Idaho College of Law
Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum
Articles
No abstract provided.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone,
2012
Western Law, Western University
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Law Publications
No abstract provided.
Recent Developments In International Criminal Law: 2011-2012,
2012
Western Law, Western University
Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld
Law Publications
No abstract provided.
Questioning Appropriation: Agency And Complicity In A Transnational Feminist Location Politics,
2012
Pitzer College
Questioning Appropriation: Agency And Complicity In A Transnational Feminist Location Politics, Joe Parker
Journal of Feminist Scholarship
In feminist circles agency is often opposed to complicity and associated with resistance to sexism and patriarchy, yet such binary oppositions make the political stakes of their presumed boundaries difficult to interrogate. By bringing location politics into dialogue with agency theory, boundaries of same/Other and location categories may move from a naturalized ground for political work to the contested center of a politics of resistance. I follow a Foucauldian interpretation of agency to reconsider the ethico-politics of established divisions of self and Other both individually and in terms of social movements. By following Gayatri Spivak, Meyda Yeğenoğlu, and Chandra Mohanty's …
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study,
2012
UC Law SF
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
UC Law SF Journal on Gender and Justice
Domestic violence abuse is under-reported to police, but has long been viewed only through a lens of female oppression. Some literature suggests that in unconventional abusive relationships, such as in same-sex relationships or in relationships with a female batterer and male victim, the problem of under-reporting is more severe. This Article uses a vignette survey design to examine the tendencies to report such incidents to the police, by controlling for the type of relationship, the existence of outing threats, and the presence of mutual violence. Compared to the typical scenario involving a male batterer and female victim, we find significantly …
Addressing Intersectionality In The Lives Of Women In Poverty: Incorporating Core Components Of A Social Work Program Into Legal Education,
2012
American University Washington College of Law
Addressing Intersectionality In The Lives Of Women In Poverty: Incorporating Core Components Of A Social Work Program Into Legal Education, Beth Caldwell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Against The New Maternalism,
2012
Georgetown University Law Center
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Michigan Journal of Gender & Law
Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …
