Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (12)
- Civil Rights and Discrimination (6)
- Constitutional Law (5)
- Religion Law (3)
- Business Organizations Law (2)
-
- Health Law and Policy (2)
- Criminal Law (1)
- Disability and Equity in Education (1)
- Education (1)
- Evidence (1)
- Family, Life Course, and Society (1)
- First Amendment (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Law and Society (1)
- Legal History (1)
- Second Amendment (1)
- Sexuality and the Law (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Special Education and Teaching (1)
Articles 1 - 13 of 13
Full-Text Articles in Entire DC Network
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
The Slow Demise Of Race Preference, Mark S. Brodin
The Slow Demise Of Race Preference, Mark S. Brodin
Mark S. Brodin
This article traces the origins of affirmative action, its initial success, and the Reagan Administration's efforts to end it, which only recently have come to fruition with Fisher v. University of Texas and Shuette v. Coalition to Defend Affirmative Action.
Latino Workers And Human Rights In The Aftermath Of Hurricane Katrina, Laurel E. Fletcher, Phuong Pham, Eric Stover, Patrick Vinck
Latino Workers And Human Rights In The Aftermath Of Hurricane Katrina, Laurel E. Fletcher, Phuong Pham, Eric Stover, Patrick Vinck
Eric Stover
No abstract provided.
Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla
Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla
Rod Smolla
No abstract provided.
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
Rod Smolla
No abstract provided.
Family Portraits: Past And Present Representations Of Parents In Special Education Text Books, Dianne L. Ferguson, Philip M. Ferguson, Joanne Kim, Corrine Li
Family Portraits: Past And Present Representations Of Parents In Special Education Text Books, Dianne L. Ferguson, Philip M. Ferguson, Joanne Kim, Corrine Li
Philip M. Ferguson
This paper analyses the descriptions of families of children with disabilities as contained in introductory special education texts over the last 50 years. These text books are typically used in pre-service teacher education courses as surveys of the education of ‘exceptional children’. The textbooks reflect the mainstream professional assumptions of the era about topics such as disability, special education, inclusion, and family/school linkages. However, they also shape the assumptions of the next generation of educators about these same topics. The paper summarises the results of a qualitative document analysis of a sample of these textbooks from two different eras. The …
Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
john a. powell
This symposium issue addresses a range of questions concerning the Constitution and the poor. In this Essay, I will share some initial thoughts responsive to what has already been presented in this issue of the Drake Law Review and what was discussed during the symposium, and then I will turn to the question at hand and attempt to introduce a few new ideas into the discussion. First, I will address an issue raised by Mr. Shapiro. When I posed the question to him regarding which period, in his view, best represented an appropriate constitutional interpretation and understanding, he answered with …
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab
Stewart J Schwab
This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …
Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall
Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall
Amy J. Sepinwall
In Burwell v. Hobby Lobby, the Supreme Court held, for the first time, that the Religious Freedom Restoration Act (RFRA) applied to for-profit corporations and, on that basis, it allowed Hobby Lobby to omit otherwise mandated contraceptive coverage from its employee healthcare package. Critics argue that the Court’s novel expansion of corporate rights is fundamentally inconsistent with the basic principles of corporate law. In particular, they contend that the decision ignores the fact that the corporation, as an artificial entity, cannot exercise religion in its own right, and they decry the notion that the law might look through the corporate …
Systemic Lying, Julia Simon-Kerr
Systemic Lying, Julia Simon-Kerr
Julia Simon-Kerr
This Article offers the foundational account of systemic lying from a definitional and theoretical perspective. Systemic lying involves the cooperation of multiple actors in the legal system who lie or violate their oaths across cases for a consistent reason that is linked to their conception of justice. It becomes a functioning mechanism within the legal system and changes the operation of the law as written. By identifying systemic lying, this Article challenges the assumption that all lying in the legal system is the same. It argues that systemic lying poses a particular threat to the legal system. This means that …
Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall
Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall
Amy J. Sepinwall
In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund military initiatives, or …
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Nancy J. Knauer
The advent of nationwide marriage equality has sparked a robust debate over the extent of religious liberties and the limits of civil rights protections. As public opinion regarding LGBT individuals and the families they form has evolved, religious beliefs that once served as the basis for law and policy have been increasing marginalized. Various efforts have been made to protect religious objectors who continue to believe that marriage is only between one man and one woman. For example, all of the states that had enacted marriage equality legislation included exceptions for clergy and religious organizations to ensure that they would …