Suchergebnisse

In recent years, the US Supreme Court's federalism jurisprudence has shielded states from certain aspects of Congress's policy making & enforcement authority. Through its interpretations of the interstate commerce clause & of the Tenth & Eleventh Amendments, the Court has reminded Congress that its power to govern has limits. This article presents the major federalism cases of the 1990s, focusing on Alden v. Maine, the most important federalism decision of the 1998-1999 term. It concludes that the Court's interpretation of the Eleventh Amendment & the sovereign-immunity doctrine, which has constrained the federal government's power to authorize private suits against states for violations of federal law, poses a threat to a fundamental principle of the rule of law: "where there is a right, there is remedy.". Adapted from the source document.

'Family Law in the United States: Changing Perspectives' by Patricia McGee Crotty is reviewed.

This study examines systemic litigation against the Illinois Department of Children and Family Services (DCFS). Focusing on B.H., a 1988 class action suit, it looks at the litigation process, conceptualized as continual interaction among litigants, the court, and affected non‐litigants. Dividing the litigation process into five phases, it discusses the effect of B.H. on child welfare policy in Illinois. The study concludes that B.H. provided a stimulus for reform, yet has been unable to completely satisfy the hopes of the litigants in achieving significant systemic reform.

Mezey reviews 'Woman Suffrage and the Origins of Liberal Feminism in the United States' by Suzanne M. Marilley.

This study focuses on the convergence of three strains of southern beliefs: views toward women, views toward education, and views toward the military. These beliefs coalesced in the legal battle over the admission of women to the all‐male Virginia Military Institute (VMI). Following the example of those who challenged single sex admissions policies in southern public colleges over the last two decades, women contested the exclusionary admissions policy at VMI. Although the earlier challenges had not always succeeded, by 1990 it seemed likely that law and custom had changed sufufficiently that the federal courts would rule against VMI.After exploring the "southern" view of women, followed by a brief history of women's educational opportunities and the reluctance of the federal courts to depart from the separate but equal doctrine in public higher education, this study will examine the federal court rulings that sanctioned the continuation of sex‐segregated education at VMI.

Focus on the all-male Virginia Military Institute, the 1990 lawsuit which attempted to require it to admit women, and cultural aspects of the South contributing to single-sex education.