Legislative Approaches to Reducing the Hegemony of the Priestly Model of Medicine

This Article presents the case that the legal culture in many ways undergirds the priestly model\u27s hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support

The Artificiality of Economic Models as a Guide for Legal Evolution

This Comment focuses on the frequent conflict between orthodox economic theory and the direction taken by legislation or the common law. Several specific areas of legal decision making are discussed as illustrations of this conflict with an emphasis on the artificiality of the economic thinking that caused the disagreement. The purpose of this analysis is to caution those who would use economic models as their primary beacon for prescribing future legal developments. The first section of this Comment looks at three specific controversial areas in which orthodox economic arguments are frequently considered: wage and price controls, comparable worth claims, and minimum wage laws. For each of these debates, the analysis demonstrates the conflict between prevailing economic theory and the eventual legal development and points out the flawed factual basis upon which much of the economic theory rests. The second section then suggests commonalities that characterize the debate and speculates about the reason for the tension between economic models and legal decision making

Legislative Approaches to Reducing the Hegemony of the Priestly Model of Medicine

This Article presents the case that the legal culture in many ways undergirds the priestly model\u27s hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support

Retroactive Liability Under the Superfund: Time to Settle the Issue

This Article addresses the need for a legislative solution to the issue of retroactive liability under CERCLA. Before suggestion a legislative solution, the authors examine the history of CERCLA. The examination is followed with an analysis of the reasoning applied in the original Olin decision, how courts reacted to this decision, and an analysis of its reversal in Olin II. After examining the ongoing debate in Congress, the authors conclude by suggesting a legislative solution and calling for legislation affirming CERCLA retroactive liability