Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication Type
Articles 1 - 29 of 29
Full-Text Articles in Entire DC Network
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking, Stephen M. Engel, Timothy S. Lyle
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking, Stephen M. Engel, Timothy S. Lyle
Chicago-Kent Law Review
In the name of public health, authorities in San Francisco and New York City pursued the closure of gay bathhouses in 1984 and 1985, respectively. We challenge the dominant historical narrative that justified these closings, and through that challenge, we argue that these closures constituted a dignity taking against gay and queer-identified men. Bathhouses were not simply dens of impersonal anonymous sex. They were critical sites of community development and queer kinship. Many governing authorities neither considered the value of these institutions nor grappled with queer understandings of space, contact, intimacy, and belonging. The debates and the closures that followed …
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Chicago-Kent Law Review
No abstract provided.
Dignity And Discrimination: Employment Civil Rights In The Workplace And In Courts, Laura Beth Nielsen, Ellen C. Berrey, Robert L. Nelson
Dignity And Discrimination: Employment Civil Rights In The Workplace And In Courts, Laura Beth Nielsen, Ellen C. Berrey, Robert L. Nelson
Chicago-Kent Law Review
Employment civil rights and the litigation associated with enforcing them are a complex interplay of public and private employers, regulatory agencies, and federal courts. When an employee loses a job or their position in an employing organization, the financial effects are very real. If the employee makes a claim of discriminatory treatment using the employer’s human resources complaint processes or with the EEOC or state equivalent, they often face workplace retaliation and even termination. Using interviews conducted with parties to employment civil rights lawsuits, this article argues that the regime of employment civil rights in the United States can be …
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
All Faculty Scholarship
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
All Faculty Scholarship
No abstract provided.
Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod
Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod
All Faculty Scholarship
My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-Iqbal circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the …
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
All Faculty Scholarship
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and …
Brown And The Colorblind Constitution, Christopher W. Schmidt
Brown And The Colorblind Constitution, Christopher W. Schmidt
All Faculty Scholarship
This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his conclusion that racial classifications in school assignment policies are unconstitutional. Particularly controversial was the Chief Justice's use of the words of the NAACP lawyers who argued Brown as evidence for his colorblind …
Public Employee Speech, Categorical Balancing And Section 1983: A Critique Of Garcetti V. Ceballos, Sheldon Nahmod
Public Employee Speech, Categorical Balancing And Section 1983: A Critique Of Garcetti V. Ceballos, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
All Faculty Scholarship
Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.
Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod
Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The Emerging Section 1983 Private Party Defense, Sheldon Nahmod
The Emerging Section 1983 Private Party Defense, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
From The Courtroom To The Street: Court Orders And Section 1983, Sheldon Nahmod
From The Courtroom To The Street: Court Orders And Section 1983, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod
Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod
The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
State Constitutional Torts: Deshaney, Reverse-Federalism And Community, Sheldon Nahmod
State Constitutional Torts: Deshaney, Reverse-Federalism And Community, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.
Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod
Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Government Liability Under Section 1983: The Present Is Prologue, Sheldon Nahmod
Government Liability Under Section 1983: The Present Is Prologue, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Section 1983 Discourse: The Move From Constitution To Tort, Sheldon Nahmod
Section 1983 Discourse: The Move From Constitution To Tort, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Due Process, State Remedies And Section 1983, Sheldon Nahmod
Due Process, State Remedies And Section 1983, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan E. Steinman
Joan E. Steinman
No abstract provided.
Constitutional Wrongs Without Remedies: Executive Official Immunity, Sheldon Nahmod
Constitutional Wrongs Without Remedies: Executive Official Immunity, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Damages And Injunctive Relief Under Section 1983, Sheldon Nahmod
Damages And Injunctive Relief Under Section 1983, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The Section 1983 Damage Action: An Overview, Sheldon Nahmod
The Section 1983 Damage Action: An Overview, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Privacy Of Association: A Burgeoning Privilege In Civil Discovery, Joan E. Steinman
Privacy Of Association: A Burgeoning Privilege In Civil Discovery, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Constitutional Accountability In Section 1983 Litigation, Sheldon Nahmod
Constitutional Accountability In Section 1983 Litigation, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.