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Two writers who, in effect, knew Phyllis Schlafly before she came on the scene were Alexis de Tocqueville and Henry James. Tocqueville emphasized American women's role in the harsh effort of nation- building, which widened the scope of women's action in the world. James advanced the analysis by perceiving that in America (unlike in Europe) the women led in matters cultural and moral because their wilderness-clearing, commerce-absorbed menfolk had left them almost entirely in charge of those areas of life.
Tocqueville and James saw a new kind of woman emerging in a new political order - a creature admirable in her courage if somewhat frightening in her moral wrath. As a real-life example, we may think of the women's rights leader Elizabeth Cady Stanton; as a stage representation, there i...
... wage adjustments under the misguided doctrine of "comparable worth.". Or for spawning a veritabl...
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..., they have adopted a variant of the comparable-worth doctrine ? the view that wages must be based...
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The Supreme Court has held that an individual relinquishes any Fourth Amendment interest in information that he or she voluntarily discloses to a third party. Known as the "Third Party Doctrine," this controversial rule is increasingly problematic in an age where a large proportion of personal communications and transactions are carried out over the Internet. Internet users expose virtually all of the information they generate online-e-mails, web-surfing histories, search terms, and more-to online service providers. As such, many scholars have assumed that Internet information will be unprotected by the Fourth Amendment. Yet the information disclosed to these online third parties is generally not exposed to human beings at all; rather, it is processed entirely by automated equipment. Ne...
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... by paying her less than her job was worth because she was female. This second cause of actio... nothing to do with the controversial comparable worth doctrine. Instead the plaintiffs sought "to ...
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...Pp. 860-871. (b) The unmistakability doctrine is not implicated here because enforcement of the ... exclude from liabilities in computing net worth, certain contra-asset accounts, including loans in... would obviously not be in a position comparable to that of the private contractor who willy-nilly ...
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...-called voluntary guidelines, to revive a doctrine of comparable worth that most right- thinking poli...
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[...] there is nothing astonishing about Spinozism's radical anti-finalism finding a voice in the margins of post-structuralism, post-modernism, post-Freudianism, or postMarxism, all of which characterize themselves (sometimes in prophetic tones) as modes of the thought of the end and of the after-the-end.
... atemporal, and he sought to inscribe the doctrine in a history of lived experience. This amounted to...He also followed independent paths comparable to those of his contemporaries. His most thoughtfu... of all of these authors are of the same worth or that they should be merged with one another. Fa...
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This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
... be met by civil law because as the civil doctrine has developed over the past several decades, corpo... compared to the individuals' overall net worth, and trivial compared to the massive damages (hund... that gives rise to a duty of loyalty comparable to that owed by employees to employers) purporting...
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...Aquinas gave the medieval doctrines of usury and the just price their classic gloss. M... and commentary than any other comparable work in the field of political theory. It was not,... Hobbes writes in Leviathan, "The value, or WORTH of a man, is as of all other things, his price; th...
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... vires or violate the constitutional doctrine that municipalities cannot contract away the polic... open to industrial development, it would be worth $10,000 per acre, but that the zoning ordinance re... available than another in an otherwise comparable situation, the first developer is likely to have b...