Digital Commons Network^™

Recent Decisions, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.

Incorporating The Supreme Court's Eighth Amendment Framework Into Substantive Due Process Jurisprudence Through The Introduction Of A Contingent-Based And Legislatively-Driven Constitutional Theory, Adam Lamparello

Adam Lamparello

No abstract provided.

Technical Standards For Admission To Medical Schools: Deaf Candidates Don't Get No Respect, Michael A. Schwartz

Michael A Schwartz

Medical schools utilize a set of technical standards used to screen applicants with disabilities, and one of the standards, which deals with communication, requires the applicant to be capable of speech and hearing. To the extent that medical schools exclude an applicant with a hearing impairment on the ground that the applicant cannot hear and speak, such exclusion would be (and should be) a violation of federal law. Schools must engage in an individualized assessment of how a Deaf medical candidate would satisfy the communication standard. The notion of an “undifferentiated graduate,” where all graduates qualify for practice in any …

Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein

Faculty Publications

No abstract provided.

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

A Critical Race Theory Critique On Parents Involved In Community Schools V. Seattle School District No. 1: Confirming The Majority’S Hegemonic View Concerning Diversity In Secondary Public Schools And Future Implications For Minority Students, Ryan C. Marques

Ryan C Marques

If any public elementary, middle, or high school student throughout this nation was asked today to describe the racial composition of his or her school, the common answer would most likely mirror the race or ethnicity of the student who was questioned. It is no surprise that over the past two decades this nation’s public secondary school system has experienced the trend of resegregation. Thus, in this article I apply the tenets of Critical Race Theory to Parents Involved in the quest to understand why the majority of the United States Supreme Court prohibited secondary public schools from prescribing inclusive …

The Long Road To Self Determination, Sarah Chilim Ihn

Sarah Chilim Ihn

East Los Angeles is widely considered as the heart of Southern California’s strong and vibrant Mexican American community – yet, it is also an unincorporated area whose only general purpose government is provided by Los Angeles County, the most populous county in the nation. Through the lens of East Los Angeles’ quest for cityhood, this paper explores and critiques the limited governance options that exist for low-income unincorporated communities.

Life After Doma, Mark Strasser

Mark Strasser

During the 2008 presidential campaign, President Obama expressed his support for the repeal of one or both provisions of the Federal Defense of Marriage Act (DOMA) and, further, each of these provisions seems constitutionally vulnerable. Given the distinct possibility that DOMA’s days are numbered, the legal ramifications of its repeal or invalidation should be explored. This essay addresses what DOMA does, and what would happen were it no longer to exist. While the fears that allegedly prompted its passage in the first place would not be realized, the repeal or invalidation of one provision of DOMA will nonetheless have important …

Broken U.S. Police Culture And Lack Of Police Temperament Explain The Infamous Gates-Crowley Encounter, Christopher C. Cooper

Christopher C. Cooper Dr.

Any knowledgeable cop can tell you that Dr. Gates was moments away from being tasered or shot. And, that but for Henry Louis Gates’ friendship with the president of the U.S., he would have been just another statistic. When a citizen dares to disagree with an officer—he or she goes to jail. Astonishingly, the prosecutor and the judge and the whole criminal justice system accept the officer’s false account of events and probable cause. And, it happens again and again, but perhaps not anymore---maybe now with less frequency because of an encounter between a small-city cop and a renowned university …

Ideological Dissonance, Disability Backlash, And The Ada Amendments Act, Cheryl L. Anderson

Cheryl L Anderson

The ADA Amendments Act disappointed many disability advocates who argued “disability” should be determined solely upon a showing that an individual has a physical or mental impairment. This article argues that adopting an open-ended protected class would have exacerbated rather than eliminated judicial backlash against the ADA. The judiciary adopted an excessively narrow protected class to resolve the ideological dissonance between judges' belief that the right of reasonable accommodation is a special right and their desire to avoid granting “windfall protection” where there has been no systemic disadvantage. An open-ended protected class would lead courts to narrow the right of …

García V. The City Of Taft - The Struggle For Representation, Joseph J. Garcia

Chicano, Hispano, Latino Library Program

The case for this paper is based on García v. Taft, which was heard in the United States District Court for the Southern District of Texas, Corpus Christi Division, Civil Action NO. C-84-230, in 1985. The final decision was made in 1989. The case addresses a gerrymandered, at-large election system in the City of Taft, which was used to keep African-American and Mexican-American residents from taking part in city elections. The gerrymandered city boundaries did not include a large portion of the city inhabited by the Mexican-American voting block. To this day, a large part of this voting block is …

The Microchipping Of America: Human Rights Implications Of Human Bar Codes, Gena V. Mason

Gena V Mason

The implantation of microchips into human beings has spurred a recent firestorm of controversy. This year VeriChip Corp., the nation’s main manufacturer and purveyor of human microchips, went out of business in the wake of ten-year studies confirming that microchip implants had induced malignant tumors in animals. Nevertheless, the microchipping controversy is far from settled; as the industry retools for potential redevelopment of human microchips, we must engage in serious discussion of this topic. Human microchipping in an experimental setting (whether informed or not) raises issues regarding U.S. and international human rights law, potentially violating standards of human experimentation under …

The Microchipping Of America: Human Rights Implications Of Human Bar Codes, Gena V. Mason

Gena V Mason

The implantation of microchips into human beings has spurred a recent firestorm of controversy. In 2008 VeriChip Corp., the nation’s main manufacturer and purveyor of human microchips, went out of business in the wake of ten-year studies confirming that microchip implants had induced malignant tumors in animals. Nevertheless, the microchipping controversy is far from settled; as the industry retools for potential redevelopment of human microchips, we must engage in serious discussion of this topic. Human microchipping in an experimental setting (whether informed or not) raises issues regarding U.S. and international human rights law, potentially violating standards of human experimentation under …

About Time: The Timeliness Of Habeas Corpus And An Exceptional Circumstance In Boumediene V. Bush, Benjamin Lozano

Benjamin J Lozano

In wartime states of emergency, the Supreme Court has historically held that a constitutional entitlement to habeas review is neither predicated on the length of detention nor the timeliness of due process, but rather is objective, concrete, and atemporal. The question of wartime habeas corpus has therefore always been an ontological question, exclusively determined by the corresponding categories of subject and space. However, this paper argues that a surreptitious shift in methodology buried inside the ostensible precedent of Boumediene v. Bush should not be overlooked, for the ruling signals the inaugural moment whereby the length and indefinite duration (i.e. the …

Meaningful Mortgage Reform, Jake Werrett

Jake Werrett

Should six-year-old children be able to access “the largest pornography store in history?” They can. Should eleven be the average age that a child first views pornography? It is. Should children between the ages of twelve and seventeen represent the largest group of pornography consumers? They do. It is puzzling how a quintessentially adult activity has increasingly edged-out Saturday morning cartoons, homework, piano lessons, and T-ball games. Perhaps social consensus is that teenagers are best served by searching out porn 150 billion times a year. But, I doubt it.

Juxtaposing limitations on children's exposure to speech in the real-world versus …