From False Paternalism to False Equality: Judicial Assaults on Feminist Community, Illinois 1869-1895

This essay will examine the equal treatment versus special treatment for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its worst: the interest that individual, exceptional women might have in practicing law must give way to the community\u27s interest in maintaining women\u27s separate sphere of home and family

Constitutional Law: Feminist Critiques of the Public/Private Distinction.

Part of the Symposium on the State Action Doctrine. Presented to the Section on Constitutional Law at the Annual Meeting of the Association of American Law Schools in San Francisco in January, 1993

Legal Responses to Mass Protest Actions: The Dramatic Role of Solidarity in Obtaining Generous Plea Bargains

Comments on police and other government officials attempts to control protest activities by limiting parade permits and instigating confrontations with demonstrators. Focuses on WTO meeting in Seattle, Washington in November, 1999; the World Bank meeting in Washington, D.C. in April, 2000; and the Democratic National Convention in Los Angeles, California in 2000

The Myth of State Intervention in the Family

Most people concede that there are times when state officials should intervene in the private family. Doctrines of family privacy are no longer thought to justify societal neglect of beaten wives or abused children. Yet society continues to use the ideal of the private family to orient policy. It seems important therefore to examine the concept of state intervention in the private family. In this essay, I argue that the private family is an incoherent ideal and that the rhetoric of nonintervention is more harmful than helpful

Adults Using Long Term Services and Supports: Population and Service Use Trends in Maine, SFY 2016

All of us have likely either used, will use, or know someone who uses long term services and support (LTSS). They enable us to live with dignity and as much independence as possible and offer us the opportunity to remain involved and productive in our communities. The need for LTSS can arise suddenly after injury or illness or a life-long condition. But how ever the need arises, the impact is the same—services such as personal care, work support, home health care, and residential care provide not just for individual health and comfort, but also for interaction, inclusion, and engagement with each other. While many of us have provided help with daily living for our family and friends or have relied on our own family ourselves, there are times when formal support from professional caregivers is necessary. Private health insurance and Medicare do not typically cover extended LTSS, leaving payment for services up to the individual. Medicaid, known as MaineCare in this state, on the other hand, does cover this type of care for adults meeting financial and medical eligibility requirements. This chartbook describes the MaineCare LTSS available to adult members, the number of members who used them in state fiscal year 2016, and the amount of spending on these services as a proportion of all spending on adult MaineCare members. In addition, this book provides demographic trends regarding Maine’s older adults; Census estimates on poverty, housing, and employment among Maine’s adults with disabilities; characteristics of Maine adults using nursing, residential care, or home and community based services; and an analysis of MaineCare spending and service utilization among adults using different types of LTSS. The information on the services available, the trends in use, and the dollars spent on them presents a snapshot of the LTSS system in State fiscal year 2016, and it can help us plan for the system we want for ourselves and our family and friends in the future